Pier 88 Diving^™ Privacy Policy

This Privacy Policy discloses how we collect, protect, use and share information gathered about you on our website.  By using our website you explicitly agree to the terms and conditions of this Privacy Policy in effect at the time of your use. If you do not agree to have your information used in any of the ways described in this Privacy Policy, please discontinue use of the website immediately.

Our website is designed to provide information regarding our services, sign up new members and provide diving referrals.  Our website collects information such as the visitor’s domain name, site traffic patterns, and server usage statistics. This information is used to improve the performance and content of our website and to personalize content and layout of our pages for individual visitors. We will not rent or sell customer information to outside marketers. We do, however, reserve the right to use the information you provide to share information with you about services or products you have requested or to inform you of promotional offers that might be of interest.  We do not collect your e-mail address unless you choose to communicate with us via e-mail or you volunteer your e-mail address on a form on this site. We will not sell or rent your e-mail address.

The personally identifiable information you provide through website will not be shared or sold to third-parties.  All financial information gathered shall be processed through Paypal.  For information on Paypal’s policies and procedures, please visit http://www.paypal.com/cgi-bin/webscr?cmd=p/gen/ua/policy_privacy-outside.

This website may contain links to other websites. We are not responsible for the privacy practices of websites not owned by Pier 88 Diving. We encourage our visitors to be aware of when they leave our website and to read the privacy statement of any website that collects personally identifiable data.

Please note that we reserve the right to disclose your personally identifiable information, as required, to comply with the law, applicable regulations, governmental and quasi-governmental requests, judicial proceedings, court orders or subpoenas, to enforce our agreements, or to protect our rights, property or safety or the rights, property or safety of our users or others.

Additionally, we reserve the right to modify this privacy statement at any time. We will not jeopardize your privacy. The provisions contained in this privacy statement supersede all previous notices or policies regarding our privacy practices with respect to this site. Any and all changes to this privacy statement on this website will be made here.

If you have any questions or comments regarding our Privacy Policy, please click on the “Contact Us” link and let us know.  Thank you.

Terms of Service Agreement—Service Contract

These Terms of Service (“TOS”) constitute an agreement by and between Pier 88 Diving Co, LLC, a Florida limited liability company (the “Company”), and each “Client” of the Company who signs up for services provided by the Company.  The TOS provides our respective rights and obligations between the Company and you, the Client, with respect to ordering, purchasing and utilizing the Company’s services described herein.  Before becoming a member of the Pier 88 Diving Network or purchasing services from the Company, you must read and agree to this Terms of Service ("TOS"). BY PURCHASING AND/OR USING THE SERVICES DESCRIBED HEREIN, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TOS AND YOU AGREE THAT IT IS ENFORCEABLE as if it were a written negotiated agreement signed by YOU AND THE COMPANY.  IF YOU DO NOT AGREE WITH OUR TOS, THEN YOU MAY NOT PURCHASE OR USE ANY SERVICES OF THE COMPANY.

The Company reserves the right to update and modify the TOS at any time without notice. Accordingly, please review this page often, or at least every time you seek to place an order with us.  New features that may be added to the COMPANY’S serviceS shall be subject to the TOS. Should you continue to use the COMPANY’S serviceS after any such modifications have been made, this AGREEMENT shall constitute your agreement to such modifications. You may always view the most recent copy of the TOS at the following internet address: www.PIER88DIVING.com (the “website”).  SUBSCRIBER will not have a corresponding right to update or modify the TOS.

Violation of any part of the TOS may result in termination of your account, AT THE COMPANY’S DISCRETION. 

1. Services.  For a flat yearly fee of $99.00 (the “Fee”), the Company, either through it or its subcontractors, representatives or network affiliates, agrees to provide the following emergency services (the “Services”) for the “Boat” that is described in Section 2:
1. Hull Inspections (includes inspection for condition of lines, thru-hull fittings, signs of electrolysis on metal fittings and marine growth)
2. Line Disentanglement
3. Zinc Replacement (at least 30 days after Company’s receipt of the Fee)
4. Dockside Search & Recovery
5. Propeller Removal & Replacement (at least 30 days after Company’s receipt of the Fee)***

***Disclaimer regarding Propeller Removal and Replacement: The Fee does not include the cost of a replacement propeller or repair of a propeller. In certain instances propellers cannot be removed underwater without exceptional difficulty and special attention (such propellers are referred to herein as “Problem Propellers”).  The Company does not guarantee the removal of such Problem Propellers for the Fee but will make a reasonable attempt to remove and replace the propeller.  The Company will notify the Client in the event of a Problem Propeller and provide Client with a quote for additional fees associated with removal of such Problem Propellers in accordance with paragraph 6 below.***

Client will be responsible for all fees and costs for products or additional services outside the scope of the defined “Services”.  The Services do not include cost of zincs, repair or replacement of propeller, repair work or other services and/or parts that may be required as provided more fully in paragraphs 5 and 6 below.

2. Services for Identified Boat Only.  The Services will only be provided for one boat that Client has registered with the Company (the “Boat”), and is not for use by Client for another boat, unless Client sells the registered boat and replaces it with another boat that Client has registered with the Company. 

3. Service Area.  Company currently provides the Services through its own representatives, contractors and network affiliates in the coastal regions of Florida and southern Georgia as more specifically set forth in the Company’s Website (the “Service Area”).

Company will only provide or reimburse Client for Services that can be provided dockside, not in open waters, and not in polluted areas or where dangerous diving conditions are present.  Services to moored or anchored boats are only provided by Company based on availability of divers who can have reasonable access to a moored or anchored boat.

4. Service Calls.  Company will receive Service calls twenty four (24) hours a day, seven (7) days a week at the toll free number identified above.  Company will provide the Services during daylight hours seven (7) days a week, within a reasonable time period after Client’s Service call.  Within the first four normal business hours (7:00 a.m. to 6:00 p.m. Eastern time) of Client’s call, Company will contact a Network Affiliate to schedule the Services to be performed.  In in most cases, Services should be performed within 24 hours of Client’s Service call, subject to favorable weather and availability of Network Affiliates, who work in an underwater business that renders them not available by cellular phone at all times.  No Services shall be provided to Client under this Agreement until the Client and Network Affiliate have obtained authorization from the Company to perform the Services.
   
   
5. Additional Services and Parts. The Fee does not include the fees and costs associated with parts or services outside the scope of the Services listed above.  If Client needs services relating to a propeller outside the scope of the Services, including service for Problem Propellers (collectively referred to herein as “Propeller Services”), Company will provide such Propeller Services in accordance with paragraph 6 below.  Should Client need additional services (other than the Services or Propeller Services), such as hull cleaning, zinc replacement, etc, Client may negotiate directly with the Company’s contractor, representative or network affiliate for such services.
   
   
6. Propeller Services.  The following are specific terms relating to Propeller Services:

A.  Problem Propellers – Company will notify Client of additional fees associated with removing and replacing a Problem Propeller.

B. If upon removal of a propeller Company determines a propeller is in need of repair work or replacement, Company will notify Client and obtain upfront payment for fees and costs associated with such repair or replacement, based on an estimate for such work provided by the Company or its network affiliate.  Once Company receives such payment, Company will take the propeller to a repair shop or purchase the replacement propeller and reattach the repaired or replacement propeller.

7. No Services If Opening in Hull.  Company does not service any problem where an opening will be left through the hull of the vessel such as a drive shaft, rudders, thru-hulls, intakes, etc.  Company will recommend haul out for any of these services.

8. Sinking Boat.  Company does not provide any Services in the event of a sinking Boat or if the Boat is taking on water and in need of emergency service.  If the Boat is sinking or taking on water, Company recommends contacting a towing or salvage provider for assistance, (Sea Tow, Boat US etc.)  If the towing or salvage provider needs any diving assistance, Company will provide such services for an additional fee.

9. Right to Cancel.   Clients who are not satisfied with Company’s service may cancel this TOS at anytime with no penalties incurred. Client will not be entitled to a refund of Fees under any circumstances.

10. Refusal of Service.  Should a Client “Abuse” the Services, Company or its contractors, representatives or network affiliates, as determined in the reasonable discretion of Company, Company may cancel this TOS.  In the event Company terminates the TOS pursuant to this provision, Client will not be entitled to a refund of the Fee.  “Abuse” of the Services includes, but is not limited to the following: (1) making reoccurring unnecessary Service calls as determined in the sole, reasonable discretion of Company; (2) verbal or physical abuse of, or any threats of such abuse towards Company or its contractors, representatives or network affiliates; (3) untruthfulness in dealings with the Company or its contractors, representatives or network affiliates; (4) attempting to use the Services for a boat other than the Boat that is covered hereby; and (5) any other acts or omissions considered abusive by Company in its sole and reasonable discretion

11. Company reserves the right to refuse to provide Services to Client at anytime for any reason.  Should Company refuse to provide Services to a Client for any reason other than Abuse by Client, Company shall refund the Fees.

12. Access to Marinas.  If, for any reason, a marina refuses to allow Pier 88 access to the marina, Client agrees to use its best efforts to obtain the marina’s permission to allow Pier 88’s diver access to such marina.  If the marina still does not permit access, then Pier 88 will reimburse Client for use of a diver that is not part of Pier 88’s network of affiliates in the manner set forth in Section 3 of this TOS.

13. Miscellaneous Provisions.
1. Warranties.  COMPANY PROVIDES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED AS TO THE SERVICE, AND SPECIFICALLY DISCLAIMS ANY OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
   
   
2. Limitation of Liability/Damages. CLIENT EXPRESSLY UNDERSTANDS AND AGREES THAT COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENT COMPANIES, AFFILIATES, INDEPENDENT CONTRACTORS, SUCCESSORS OR ASSIGNS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM THE SERVICES, REGARDLESS OF THE FORM OF ACTION.  YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES AND CANCEL THIS TOS.  IN THE EVENT THE LIMITATION OF DAMAGES IS HELD UNENFORCEABLE, THEN THE PARTIES AGREE THAT BY REASON OF THE DIFFICULTY IN FORESEEING POSSIBLE DAMAGES, ALL LIABILITY TO CLIENT SHALL BE LIMITED TO THREE (3) TIMES THE FEES PAID HEREUNDER.
   
   
3. No Waiver.  The failure of Company to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.
   
   
4. Entire Agreement.  The TOS constitutes the entire agreement between you, the Client, and Company and governs your use of the Services, superseding any prior agreements between you, Client, and the Company (including, but not limited to, any prior versions of the TOS).
   
   
5. Waiver.  Waiver by one party hereto of breach of any provision of this TOS by the other shall not operate or be construed as a continuing waiver.
   
   
6. Modification and Amendment.  Company reserves the right to update and modify the TOS at any time without notice to Client.  Accordingly, please review this TOS often, or at least every time you seek to place an order with us.  New features that may be added to the Services shall be subject to the TOS. If you continue to use the Services after any such modifications to the TOS have been made, your continued use shall constitute your agreement to such modifications. You may always view the most recent copy of the TOS by clicking on the link for the Terms of Service at the Company’s internet address: www.pier88diving.com.  Client will not have a corresponding right to update or modify the TOS.  If you do not agree to any modifications of the TOS, your sole remedy is to cancel your account in accordance with these TOS.
   
   
7. Unenforceability of Provisions.  If any provision of this TOS, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this TOS shall nevertheless remain in full force and effect.
8. Choice of Law and Location for Resolving Disputes.  The laws of the state of Florida will govern these TOS and the Services. Any claim or dispute arising out of these TOS or the subject matter hereof shall be heard exclusively in the state and federal courts located in or having jurisdiction in and for St. Johns County, Florida.
   
   PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF FLORIDA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF FLORIDA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.