Terms and Conditions

REVIEW DIVER, LLC - TERMS OF SERVICE

Last Updated: March 4, 2025

1. ACCEPTANCE OF TERMS

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Review Diver, LLC ("Review Diver," "we," "our," or "us") regarding your use of our review management services, website, and related applications (collectively, the "Service").

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

2. CHANGES TO TERMS

We reserve the right to modify these Terms at any time. All changes are effective immediately upon posting to the Service. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes.

3. DESCRIPTION OF SERVICE

Review Diver provides review management services for dive shops and related businesses, including but not limited to review collection, management, response assistance, and content repurposing. The Service may change from time to time without notice.

4. ACCOUNT REGISTRATION AND SECURITY

To access certain features of the Service, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account.

5. USER RESPONSIBILITIES

When using the Service, you agree:

To comply with all applicable laws and regulationsNot to violate any third-party rights, including intellectual property rightsNot to upload or transmit viruses, malware, or other harmful codeNot to interfere with or disrupt the Service or serversNot to attempt to gain unauthorized access to any part of the ServiceNot to use the Service for any illegal or unauthorized purpose

6. PAYMENT TERMS

6.1 Fees

You agree to pay all fees associated with the Service as specified at the time of purchase. All fees are in U.S. dollars and are non-refundable except as otherwise provided in these Terms.

6.2 Free Trials

We may offer free trials of the Service. At the end of the free trial period, your account will automatically be charged according to the subscription plan you selected unless you cancel before the end of the trial period.

6.3 Billing

You agree to provide current, complete, and accurate billing information. We use third-party payment processors to bill you through a payment account linked to your account. The processing of payments will be subject to the terms, conditions, and privacy policies of the payment processor in addition to these Terms.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 Our Intellectual Property

The Service and its original content, features, and functionality are owned by Review Diver and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any materials from our Service without our prior written consent.

7.2 User Content

You retain ownership of any content you submit to the Service ("User Content"). By providing User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with providing the Service.

8. THIRD-PARTY LINKS AND CONTENT

The Service may contain links to third-party websites or services that are not owned or controlled by Review Diver. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Review Diver shall not be responsible or liable for any damage or loss caused by or in connection with the use of any such content, goods, or services available on or through any third-party websites or services.

9. TERMINATION

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease.

10. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

11. LIMITATION OF LIABILITY

IN NO EVENT SHALL REVIEW DIVER, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

12. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Review Diver and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party.

13. GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of Delaware , without regard to its conflict of law provisions. Any legal action or proceeding relating to your access to, or use of, the Service or these Terms shall be instituted in a state or federal court in Delaware, and you agree to submit to the personal jurisdiction of such courts.

14. ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and Review Diver regarding the Service and supersede all prior agreements and understandings, whether written or oral, regarding the Service.