Undercurrent Professional Online Membership Agreement
(Non-Professional Online Members are governed by a
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
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
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.