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Undercurrent Online

Undercurrent Professional Online Membership Agreement
(Non-Professional Online Members are governed by a different agreement)

This agreement states the terms and conditions of use by member of the Undercurrent Online Site. By using this service, the Professional Member (?you?) agrees to each of the terms set forth below. If you do not agree with any term or condition set forth below, you are not authorized to use the services for any purpose.

This agreement is between the paid member and the Undercurrent Online Site ( "Undercurrent Site"), owned by Undercurrent, Inc., a corporation duly organized and existing under the laws of the State of California, with a principal place of business at 3020 Bridgeway, Sausalito, CA 94965.

YOUR RIGHTS: Undercurrent grants a non-exclusive, nontransferable, limited right to access, use and view the Undercurrent Site, provided you comply fully with this agreement. You may use the services on the site for your personal, non-commercial use. You may make a single copy of the individual screens you see when you use the service for your personal use or to distribute to individual customers, but not reproduce for general distribution to groups of people through newsletters or any other means. You may not sell the information. You shall advise your customer he is bound by copyright laws. You may not and agree not to modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products, or services obtained from the services, except as set forth below. No further distribution or transfer to others is allowed, without our prior written consent.

NO LICENSE GRANTED: Except for allowing you to use the Site for your personal use as set forth above, when you use the Site, you are not receiving a license or any other rights from Undercurrent, including intellectual property or other proprietary rights of Undercurrent or other companies with which we are affiliated.

LIABILITY DISCLAIMER: To the maximum extent permitted by applicable law, in no event will Undercurrent, its parent or subsidiaries, be liable to you (or any third party making claims through you) for any damages

FEE SERVICES: Certain components of this Web site, i.e. past articles in Undercurrent and In Depth and Travelin' Diver's Chapbook entries, are available only through the purchase of a membership or a subscription. You agree to pay by valid credit card, check or other means, the membership charges set forth on the Undercurrent Site, applicable taxes, and other charges incurred on your account in order to access fee services. Undercurrent Site reserves the right to increase fees, surcharges, and site membership fees, or to institute new fees at any time following reasonable notice.

You are responsible for all charges associated with connecting to the Undercurrent Site including, without limitation, all telephone access lines, long distance charges, telephone and computer equipment and any service fees necessary to access the services.

For purposes of identification and billing, you agree to provide Undercurrent Site with accurate, complete, and updated information required by the site membership registration, including your legal name, address, telephone number(s), and applicable payment data (i.e. credit card number and expiration date). You may check whether your registration data is current and accurate and, if not, correct or update your registration data via email. Failure to comply with this provision may, at Undercurrent Site's option, result in immediate suspension or termination of your right to use the service.

You agree to update your registration data in the event of any known or suspected unauthorized use of membership or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your username and/or password. In the event of a breach of security, you will remain liable for any unauthorized use of membership until registration data is updated.

USERNAME AND PASSWORD: To register, a username and password must be selected. You are solely responsible for maintaining the confidentiality of any username and password used to access the service and agrees that Undercurrent Site will have no obligations with regard thereto. If the username or password becomes public or the site is accessed by anyone other than you with your username and password, Undercurrent Site has the right to cancel or terminate or suspend access to the service without warning and without compensation to you for lost access.

AGE RESTRICTIONS: You represent and warrant to Undercurrent Site that you are at least eighteen (18) years old and that you possesse the legal right and ability to enter into this agreement and to use the site in accordance with the agreement.

FINANCIAL RESPONSIBILITY: You agree not to assign, transfer or sublicense your rights as a member to the service. You agree to financial responsibility for all usage or activity on your service account.

TERMINATION: Either you or Undercurrent Site may cancel or terminate this agreement at any time. Undercurrent Site also reserves the right to restrict, suspend or terminate your access to the service in whole or in part, without notice, with respect to any breach or threatened breach of any portion of this agreement. If Undercurrent Site terminates the agreement based on a breach of any portion of this agreement, Undercurrent Site reserves the right to refuse to provide a membership or any services to you in the future.

MODIFICATIONS TO THE AGREEMENT OR TO THE SITE: Undercurrent Site has the right to modify the agreement and any policies affecting the site including, without limitation, the no-advertiser's policy. Any modification is effective immediately upon posting to the site or distribution via electronic mail or ground or air mail. Your continued use of the site following notice of any modification to this agreement shall be deemed an acceptance of all such modifications(s). Your only right with respect to dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Undercurrent Site in providing the site including, without limitation; 1) any change in the content; or 2) any change in the amount or type of fees associated with the service, is to cancel your membership. Undercurrent Site has the right to modify, suspend or discontinue the site or any portion thereof at any time, including the availability of any area of the site, including without limitation the services. Undercurrent Site may impose limits on certain features and services or restrict your access to parts or all of the Undercurrent Site without notice or liability.

COPYRIGHT AND TRADEMARKS: COPYRIGHT AND TRADEMARK NOTICES: All contents of this Web site are: Copyright ? 2000, 1999, 1998, 1997, 1996, 1995 and 1994 Undercurrent. All Rights Reserved. Undercurrent supports the Digital Millennium Copyright Act enacted by Congress on October 28, 1998. Any copying, redistribution or retransmission of any of the contents of this service without the express written consent of Undercurrent is prohibited.

Undercurrent?s logo, trademarks and other marks belong to Undercurrent and are protected by U.S. trademark laws. You are prohibited from using any of the marks appearing throughout this Web site without express written consent except as permitted by applicable laws.

You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Site or any portion thereof for any public, commercial or personal use without the express written permission of Undercurrent, except as described above.

GENERAL: The agreement constitutes the entire agreement between you and Undercurrent Site with respect to the site and the services and supersedes all prior agreements between you and Undercurrent Site. Failure by Undercurrent Site to enforce any provision of this agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this agreement shall be governed by the laws of the state of California. You consents irrevocably to personal jurisdiction in the federal and state courts of Marin County, California for any action arising out of or relating to your use of the site or services. The federal and state courts of Marin County, California have exclusive jurisdiction over all such actions. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action including, but not limited to, its costs, both taxable and nontaxable, and reasonable attorney's fees. In the event that any portion of this agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.

 



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3020 Bridgeway, Ste 102, Sausalito, Ca 94965
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