Undercurrent Online Members' User Agreement
(if you are a Professional Online Member, see that
This agreement states the terms and conditions of use by member of
the Undercurrent Online Site. Use of the site signifies agreement to
these terms and conditions.
This agreement is between the paid member ("User") 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.
USER RIGHTS: Undercurrent grants a non-exclusive, nontransferable, limited right to
access, use and view the Undercurrent Site, provided User complies fully with this agreement. The contents of the
Undercurrent Site are for the personal and noncommercial use by User. User agrees not to interrupt the Undercurrent
Site operation. User agrees not to reproduce any files from the Undercurrent Site except for personal, non-commercial use, or to repost any such files to any other publicly available website or other medium.
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.
User agrees to pay, by valid credit card, the membership charges set
forth on the Undercurrent Site, applicable taxes, and other charges
incurred on User's 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.
User is 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, User agrees to provide
Undercurrent Site with accurate, complete, and updated information required
by the site membership registration, including User's legal name, address,
telephone number(s), and applicable payment data (i.e. credit card number
and expiration date). User may check whether User's registration data
is current and accurate and, if not, correct or update User's registration
data via email. Failure to comply with this provision may, at Undercurrent
Site's option, result in immediate suspension or termination of User's
right to use the service.
User agrees to update User's 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 User's username and/or password. In the event of a breach of security,
User 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. User is
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 User with his/her username and password, Undercurrent Site
has the right to cancel or terminate or suspend access to the service without warning and without compensation
to User for lost access.
AGE RESTRICTIONS: User represents and warrants to Undercurrent Site that he/she is at least
eighteen (18) years old and that he/she possesses the legal right and ability to enter into this agreement and
to use the site in accordance with the agreement.
FINANCIAL RESPONSIBILITY: User agrees not to
assign, transfer or sublicense his/her rights as a member to the service.
User agrees to financial responsibility for all usage or activity on
his/her service account.
TERMINATION: Either User or Undercurrent
Site may cancel or terminate this agreement at any time. Undercurrent
Site also reserves the right to restrict, suspend or terminate User's
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 User 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. User's
continued use of the site following notice of any modification to this
agreement shall be deemed an acceptance of all such modifications(s).
User's 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 his/her 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 User access to parts
or all of the Undercurrent Site without notice or liability.
COPYRIGHT AND TRADEMARKS: User 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.
GENERAL: The agreement constitutes the entire agreement between User and Undercurrent
Site with respect to the site and the services and supersedes all prior agreements between User 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. User consents irrevocably to personal jurisdiction in the federal and state courts of Marin
County, California for any action arising out of or relating to User's 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.