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OVERVIEW
This service is offered by Bottom Time Dive Service LLC. Throughout this document, the terms “we”, “us” and “our” refer to Bottom Time Dive Service LLC. Bottom Time Dive Service LLC offers this service to you, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By authorizing us to perform services and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein. These Terms of Service apply to all customers.
Please read these Terms of Service carefully before authorizing us to perform any work. By authorizing us to perform any services, you agree to be bound by these Terms of Service.
Any new services which are added to the current services we offer shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. Though we will do our best to notify our customers of any changes made to pricing and/or this agreement, it is your responsibility to check this page periodically for changes. Your continued use of our services following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - TERMS
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
The information made available on our website is accurate, complete and current. The material on our site is provided and should be relied upon and used as the sole basis for making decisions. The information provided on our website at www.btdive.com supersedes any verbal agreements made with any of our employees or contractors including the owner of Bottom Time Dive Service LLC. This includes, but is not limited to, information regarding pricing and services offered.
We reserve the right to modify the contents of our site at any time. We shall make our best effort to keep our customers informed of any changes made to our pricing and services. However, you agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - THIRD-PARTY LINKS (“Friends” Page)
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 6 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We shall make every possible effort to maintain the agreed upon schedule for recurring services. However, we cannot guarantee, represent or warrant that your use of our service will be uninterrupted.
We will always make our best effort to keep all of our customers informed of any changes to scheduling. However, you agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. If this should occur, please notify us by phone or email so we can determine the cause of the delay and rectify the issue.
In no case shall Bottom Time Dive Service LLC, our employees, contractors, or affiliates be liable for any injury, loss, claim, or damages of any kind. This includes without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of our services or products.
SECTION 7 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Bottom Time Dive Service LLC and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 8 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 9- LATE PAYMENTS & NON-PAYMENT
You agree to adhere to the payment terms outlined on our payment portal at https://freedommerchants.com/bottomtimemulti.php
For first time customers, and those without a payment method on file:
Invoices are usually sent within 2 days after work has been completed. After receiving an invoice from us, you agree to pay any and all debts included in the invoice within 7 days. Debts not paid within 7 days will result in a late charge of 10% the total amount of your bill as outlined in the invoice.
You understand that unpaid debts will result in termination of service, and a lien being placed on the property on which the work was performed.
SECTION 10 - TERMINATION OF SERVICES
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated in writing by either you or us. You may terminate these Terms of Service at any time by notifying us in writing that you no longer wish to use our Services.
It is your responsibility to inform us in writing if you wish to pause or cancel service from us, or if your boat will not be at the dock for an extended period of time. Failure to do so will result in one or more of the following:
Continued service
If we learn that you wish to cancel services for any reason after a diver arrives at the location of the service to be performed; you will be charged a trip charge of 20% of your normal bill at a minimum of $50*
*This includes, but is not limited to, haulouts, extended trips, sinking, the sale or transfer of the vessel to a new owner, changing slips, etc. This does not iclude day trips.
If the diver has entered the water, has begun or has finished providing the service requested, you will be billed the full amount of the invoice.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Failure to pay any debts as outlined in this section will result in a lien being placed on the property for which service was performed or was intended to be performed in cases where a trip charge is deemed necessary by Bottom Time Dive Service LLC.
SECTION 11 - Salvage & Dewatering
If upon arrival we find that your boat is sinking, or at risk of sinking, we will make every effort to contact you. By using our services you authorize Bottom Time Dive Service to take necessary actions as determined by any on-scene representative/s of Bottom Time Dive Service to protect your vessel in the even you are unreachable. Actions may include, but are not limited to, adjusting dock lines, rigging lift bags, and/or dewatering your vessel. You undertand that these are billable items and that the terms of service agreement is applicable to unexpected and/or unscheduled actions taken by Bottom Time Dive Service and our contractors to protect your vessel.
SECTION 12 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 13 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of Florida.
SECTION 14 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 15 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@btdive.com.
To personal data, including mobile information, will be shared with third parties/affiliates for marketing/promotional purposes. All the abouve categories exclude text messaging originator opt-in data and consent, this information will not be shared with any third parties.