Terms of ServiceThis Terms of Service (this “Agreement”) is a legally binding agreement between Cannon Blue Enterprises Inc. (“Dive Bar Enterprises”) and the person or entity (hereinafter, “you” and “your”) that desires to use of the subscription service, and the other features and functionality, available through www.divebarshirtclub.com (collectively, the “Dive Bar Shirt Club”). You understand that to use the Dive Bar Shirt Club website and subscribe to the Dive Bar Shirt Club you must be at least 18 years old. You agree to this Agreement by electing to access www.divebarshirtclub.com.com and to use the Dive Bar Shirt Club, and by joining the Dive Bar Shirt Club through the Dive Bar Shirt Club. If you do not agree to any of the terms and conditions of this Agreement your sole recourse is to not use the Dive Bar Shirt Club so as to not be subject to the terms and conditions of this Agreement.
Joining Dive Bar Shirt Club; Maintaining Membership
Terms of Sale for Dive Bar Shirt Club Subscription
By joining Dive Bar Shirt Club you are agreeing to the monthly purchase and delivery of the t-shirt of the month selected by Dive Bar Enterprises. You agree to purchase such t-shirts monthly unless and until you terminate your membership to Dive Bar Shirt Club as described in the section below regarding termination of your membership. Your subscription to the Dive Bar Shirt Club will automatically renew and will charge your card your subscription price every month using the payment method you provide when you join unless you cancel prior to renewal as provided below. Taxes may apply and also be charged based on your shipping address. Payments are not eligible for refunds or returns under any circumstance once your payment has been processed; your initial payment to us is non-cancellable by you and subsequent payments are cancellable only in advance of our billing you at the next billing cycle; however, Dive Bar Enterprises may in its sole discretion agree to reverse a charge if it is able to stop the fulfillment process of your next delivery. Each monthly t-shirt shall be delivered to the address you provide when you join or as you may update it from time to time. You are solely responsible for ensuring the secure receipt of the goods at the address you provide. Risk of loss and title with respect to t-shirts shall transfer when the t-shirt is delivered to the carrier, either at our facility or the facility of our third-party fulfiller. In the event of loss during the delivery process Dive Bar Enterprises may elect in its sole discretion to replace your t-shirt or provide you with a different t-shirt. You may swap the first t-shirt you receive as a member of the Dive Bar Shirt Club out for a different size as long as the t-shirt you first received has not been washed or worn. However, you understand and agree that t-shirts are made in limited quantities and any particular t-shirt may not be able to be replaced by a t-shirt with the same design. We will endeavor to replace any t-shirt that contains any manufacturing defect; however, you understand and agree that t-shirts are made in limited quantities and any particular t-shirt may not be able to be replaced and our sole liability, your sole remedy, in the event we cannot replace a defective t-shirt is to refund you the cost of one-month’s payment for membership to the Dive Bar Shirt Club.
Cancellation of Your Membership to Dive Bar Shirt Club
You may cancel your membership any time by using the Member Login link at www.divebarshirtclub.com and following the process for cancellation available at that link. Your cancellation will be applied promptly after requested by you, however, you acknowledge that if your cancellation is process after the payment process has been initiated by Dive Bar Enterprises (even if at that time your payment method has not yet been charged) your termination will apply to the next payment. Once you have cancelled your membership you will not be entitled to receive any further t-shirts (unless payment and fulfillment of a t-shirt is in process in which case such t-shirt shall be sent).
License to Use the Dive Bar Shirt Club Website
Dive Bar Enterprises grants to you, subject to your acceptance of this Agreement, a non-exclusive, personal, non-transferable, revocable and limited license to use and display the website and the content contained therein for your personal non-commercial use. ou agree that the foregoing license applies only in jurisdictions where use of the Dive Bar Shirt Club is lawful under the laws, rules and regulations of the jurisdiction from where you elect to use the Dive Bar Shirt Club, and it shall be your responsibility to determine whether you may lawfully use the Dive Bar Shirt Club from the jurisdiction in which you may be located at the time you elect to use the ive Bar Shirt Club. All rights in and to the Dive Bar Shirt Club not expressly granted under the aforementioned license are expressly reserved by Dive Bar Enterprises. You represent that you are 18 years old or older. Your use of the Dive Bar Shirt Club is conditioned upon your compliance with all of the terms and conditions of this Agreement and your compliance with all laws applicable to your use of the Dive Bar Shirt Club in the jurisdiction in which you reside. Dive Bar Enterprises reserves the right to terminate your access to the Dive Bar Shirt Club without notice if you violate any terms of this Agreement.
Changes to this Agreement
Dive Bar Enterprises reserves the right to change this Agreement in any way and at any time by providing notice of such change to you using one of the means of contacting you provided by you if you are a registered member of Dive Bar Shirt Club or by posting the updated terms if you are just a visitor to the Dive Bar Shirt Club website. However, no amendment to this Agreement shall apply to a dispute of which Dive Bar Enterprises had actual notice on the date of amendment. You agree that you will: (x) periodically check www.DiveBarShirtClub.com for updates to this Agreement, and/or (y) you will read the messages we send you to inform you of any changes. You agree that you will be deemed to have been given notice of any modifications once we post them to www.DiveBarShirtClub.com and that your continued membership to the Dive Bar Shirt Club or your visit the Dive Bar Shirt Club website after such notice shall be deemed an acceptance of any changes to this Agreement. Dive Bar Enterprises reserves the right to add, change or discontinue some or all of the features and functionality available through the Dive Bar Shirt Club website or to change the content of the Dive Bar Shirt Club in any way and at any time, with or without notice to you, without liability to you.
All intellectual property rights in and to the Dive Bar Shirt Club are either owned or controlled by, or licensed to, Dive Bar Enterprises and are protected by law from unauthorized use. The entire contents of the Dive Bar Shirt Club website are copyrighted under the United States copyright laws and similar laws of other jurisdictions. “Dive Bar Shirt Club” and the logos of Dive Bar Enterprises are trademarks and/or service marks of Dive Bar Enterprises and may not be used without the express written permission of Dive Bar Enterprises. You do not acquire any ownership rights in or to the Dive Bar Shirt Club by using the Dive Bar Shirt Club website. You agree not to copy, redistribute, publish or otherwise exploit material from the Dive Bar Shirt Club without the express prior written permission of Dive Bar Enterprises. You agree that any comments, feedback, suggestions, ideas, and other submissions you may disclose, submit, or offer to Dive Bar Enterprises in connection with the use of the Dive Bar Shirt Club may be used freely by Dive Bar Enterprises without payment of any royalty or other fee to you or any other person or entity.
Privacy and Protection of Personal Information.
Disclaimers; Limitations; Waivers of Liability
YOU AGREE THAT DIVE BAR SHIRT CLUB IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED TO THE EXTENT SUCH DISCLAIMER IS PROHIBITED UNDER APPLICABLE LAWS, OR, IN ANY CASE WHERE SUCH DISCLAIMER IS PROHIBITED, THEN SUCH IMPLIED WARRANTY SHALL BE FOR A TERM OF THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE DIVE BAR SHIRT CLUB UNDER ANY CAUSE OF ACTION WHATSOEVER IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT. DIVE BAR ENTERPRISES AND ITS DIRECTORS, MPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “DIVE BAR PARTIES”) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE DIVE BAR SHIRT CLUB.
UNDER NO CIRCUMSTANCES WILL THE DIVE BAR PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID DIVE BAR ENTERPRISES IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
YOU AGREE THAT EACH AND EVERY LIMITATION AND DISCLAIMER SET FORTH ABOVE IS A MATERIAL RISK ALLOCATION FOR DIVE BAR ENTERPRISES AND DIVE BAR ENTERPRISES WOULD NOT HAVE ENTERED INTO THIS AGREEMENT BUT FOR YOUR AGREEMENT TO SUCH LIMITATIONS AND DISCLAIMERS.
Governing Law/Waiver of Injunctive Relief; Arbitration
This Agreement and all aspects of the Dive Bar Shirt Club shall be governed by and construed in accordance with the internal laws of the United States and the State of Florida, without regard to conflicts of laws principles, regardless of your location. Any adoption of The Uniform Computer Information Transactions Act and the International Sales of Goods Act in any jurisdiction are expressly agreed to be inapplicable to this Agreement. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Dade county in the state of Florida, United States of America, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in Dade county, Florida.
To expedite resolution and control the cost of any dispute, controversy or claim you may have related to this Agreement (“Dispute”), you and Dive Bar Enterprises agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from you to Dive Bar Enterprises. You will send your notice by certified mail to 2506 North Roosevelt Drive, #103, Key West, FL 33040, ATTENTION: DISPUTE RESOLUTION.
You and Dive Bar Enterprises agree that any Dispute that cannot be resolved by the parties themselves shall be resolved exclusively through binding arbitration before a single arbitrator appointed by the American Arbitration Association located in Miami, Florida employing the rules for the resolution of commercial disputes. The ruling of such arbitrator shall be final and binding, and the arbitrator shall be entitled to assign payment of the fees of such arbitration to the party losing such proceeding. Any arbitration shall be limited to the Dispute between Dive Bar Enterprises and you individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
You and Dive Bar Enterprises agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Dive Bar Enterprises’ intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for injunctive relief.
The failure of Dive Bar Enterprises to require or enforce strict performance by you of any provision of this Agreement or to exercise any right under them shall not be construed as a waiver or relinquishment of Dive Bar Enterprises’ right to assert or rely upon any such provision or right in that or any other instance. You and Dive Bar Enterprises agree that if any portion of this Agreement is found illegal or unenforceable, in whole or in part by any arbitral panel or court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of this Agreement, which shall continue to be in full force and effect. Dive Bar Enterprises operates and controls the Dive Bar Shirt Club from its offices in the United States. Dive Bar Enterprises makes no representation that the Dive Bar Shirt Club is appropriate or available in other locations. The information provided on the Dive Bar Shirt Club is not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law, rule or regulation or which would subject Dive Bar Enterprises to any registration requirement within such jurisdiction. Accordingly, those persons who choose to access the Dive Bar Shirt Club from other locations do so on their own initiative and are solely responsible for compliance with local laws, rules and regulations if and to the extent such local laws, rules and/or regulations are applicable. Neither the course of conduct between the parties nor trade practice will act to modify this Agreement to any party at any time without any notice to you. You may not assign this Agreement without Dive Bar Enterprises’ prior written consent, and any such purported assignment without such permission is hereby deemed void and of no force or effect. This Agreement contain the entire understanding of you and Dive Bar Enterprises relating to the Dive Bar Shirt Club, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or modified by you except as posted on the Dive Bar Shirt Club by Dive Bar Enterprises. If any provision of this Agreement is found to be illegal or unenforceable, this Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. You agree that this Agreement will not be construed against Dive Bar Enterprises by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
Statute of Limitations