TERMS AND CONDITIONS
CUSTOMERS
Last Updated: 2 July, 2025
Background
These Terms and Conditions (the “Terms”) set forth the agreement between you and Dive With Buddy, Inc. (“Dive With Buddy”, “we”, “us”, or “our”). These Terms govern your use and access to Dive With Buddy’s website (https://business.bookwithbuddy.com/) and mobile application (collectively, the “Platform”). The Platform provides a comprehensive online booking and reservation service for recreation and leisure businesses (each, an “Operator”). The Platform enables Operators to manage certain aspects of their businesses and individual customers, like you, to schedule and purchase services or products, including but not limited to, scuba, spearfishing, freediving, and wildlife sightseeing from Operators (together with all other products and services offered from time-to-time by Operators via the Platform, the “Services”).
You accept these Terms and all related policies by creating a Dive With Buddy account, upon completion of an online booking or reservation, through your use of the Platform, or by continuing to use any part of the Platform after being notified of a change to these Terms. If you do not understand these Terms or do not agree to any of the Terms, please do not register for an account, click “accept” to these Terms, or use the Platform. If you are accepting on behalf of a company or other legal entity, you represent and warrant that you have full legal authority to bind such company or legal entity to these Terms. In that case, “you” and “your” will refer to that company or legal entity.
These Terms provide important information to you, including your agreement under Section 11 to resolve any disputes by individual arbitration and to waive the right to participate in any kind of class action. By agreeing to these Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or any type of representative actions.
2. Using the Platform
2.1. Who can use it. Access and use of the Platform by anyone under 18 years of age is strictly prohibited. By using the Platform, you represent that: (a) you are at least eighteen (18) years old; (b) you possess the legal authority to enter into binding legal obligations; and, (c) you will only use the Platform to make a legitimate Booking (as defined below) for yourself or for another person for whom you are legally authorized to represent. Additional requirements for your use of and access to the Platform are set forth in these Terms.
2.2. Third-party Use. If you or the person making use of the Platform makes a Booking for a third party, you or the person making use of the Platform agree to assume responsibility for (a) informing the third-party of the terms set out in the Booking Contract (as defined below), and (b) obtaining the third-party’s agreement to the terms of the Booking Contract.
2.3. Creating an Account. Access to certain functionalities of the Platform may require you to create an account with Dive With Buddy. You agree not to use any false, inaccurate or misleading information when signing up for your Dive With Buddy account. In some cases, a third party may have assigned a Dive With Buddy account to you. If you received your Dive With Buddy account from a third party, the third party may have additional rights over your account, like the ability to access or delete your Dive With Buddy account. Please review any additional terms the third party provided you, as Dive With Buddy has no responsibility regarding these additional terms. If you create a Dive With Buddy account on behalf of an entity, you represent that you have the legal authority to bind that entity to these Terms. You cannot transfer your Dive With Buddy account credentials to another user or entity. To protect your account, keep your account details and password confidential. You are responsible for all activity that occurs under your Dive With Buddy account.
2.4. General Prohibitions. You must follow any policies made available to you within the Platform, including these Terms. You agree not to do any of the following:
2.4.1. Attempt to reverse engineer, modify, decompile, disassemble, decrypt, decipher or extract any part of the Platform;
2.4.2. Attempt to harvest, scrape, mass export, resell, alter, reproduce, distribute, publish, or create a database of the information within the Platform in any form whatsoever;
2.4.3. Use, display, mirror or frame the Platform, or any individual element within the Platform, Dive With Buddy’s name, any Dive With Buddy trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Dive With Buddy’s express written consent;
2.4.4. Attempt to probe, scan, or test the vulnerability of any Dive With Buddy system or network or breach any security or authentication measures;
2.4.5. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Dive With Buddy or any of Dive With Buddy’s providers or any other third party (including another user) to protect the Platform;
2.4.6. Use the Platform for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
2.4.7. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Platform;
2.4.8. Impersonate or misrepresent your affiliation with any person or entity;
2.4.9. Violate any applicable law or regulation; or
2.4.10. Encourage or enable any other individual to do any of the foregoing.
2.5. Termination. You may close your account at any time by going to account settings and deactivating your account. We may permanently or temporarily suspend your use of the Platform at any time for any reason, without any notice or liability to you. Upon termination of your use of the Platform, certain provisions will survive termination, as detailed in Section 13(a).
3. Privacy. Your privacy is important to us. Please read the Dive With Buddy Privacy Policy [Insert link to Privacy Policy] (the “Privacy Policy”) as it describes the types of data we collect from you and your devices (“Data”), how we use your Data, and the legal bases we have to process your Data. By using our Platform, you agree that Dive With Buddy can use such Data in accordance with our Privacy Policy. In connection with your use of the Platform, we may send you service announcements, administrative messages, and other information. You may opt out of these communications.
4. Relationship
4.1. Booking Contract. Upon using the Platform to complete the online reservation process and purchase an Operator’s product or service (“Booking”), you enter into a direct contractual relationship (the “Booking Contract”) with the Operator. Dive With Buddy is not a party to the Booking Contract.
4.2. Contract Obligations. You acknowledge and agree that the Operator, not Dive With Buddy, is solely responsible for (a) performing Operator’s obligations under the Booking Contract, and (b) informing you of any relevant terms, conditions, rules policies, practices and restrictions that you are required to comply with (collectively, the “Policies”). You acknowledge and agree that while an Operator may provide you with copies its Policies via the Platform, Dive With Buddy has no responsibility, obligation or liability whatsoever to make available, review, ensure the accuracy of, update, or maintain such Policies. Additionally, when you enter into a Booking Contract with an Operator, you agree and understand that you accept the Policies. You also acknowledge and agree that you, and not Dive With Buddy, will be responsible for performing any obligations within the Booking Contract and complying with any Policies. Dive With Buddy is not an agent or representative of the Operator, and makes no representations or warranties of any kind, whether express or implied, to you relating to information about Operator’s Services.
4.3. Separate Parties. Dive With Buddy does not (a) exercise any control or authority over Operator, its employees, agents, or representatives; (b) own, sell, furnish, provide, rent, manage, or control the Operator’s products and services; or, (c) own or possess any right, title, or interest in Operator. Dive With Buddy and its Operators operate independently, and you agree that nothing in these Terms shall be interpreted to create an association, joint venture, agency relationship, or partnership between Dive With Buddy and an Operator.
5. Payment.
1. General. In consideration for using the Platform, you agree to pay the total amount included with any Booking, including any related charges, fees, deposits and taxes. The fees and other charges related to an Operator’s Services (the “Booking Fee”) are set solely by the Operator. You acknowledge and agree that Dive With buddy charges an additional fee (the “Guest Fee”) to you based on a percentage of the total Booking Fee. When applicable, taxes may also be charged. The Booking Fee, Guest Fee, other charges and applicable taxes are all included in the “Total Fees”, which will be charged to your method of payment at the time that a Booking is submitted. You further acknowledge and agree that Dive With Buddy’s responsibilities related the payment for Services is limited to (a) facilitating all payments for Bookings made using the Platform, (b) acting as a limited purpose payment agent on your behalf to collect Booking Fee, and (c) paying the Booking Fee to the Operator on your behalf.
2. Credit Card Authorization. At the time you make a Booking, you authorize Dive With Buddy, or a third party payment processor on its behalf, to charge your credit card for the Booking Fee or obtain pre-authorization via your credit card for the Booking Fee, including any applicable taxes. Additionally, you agree to pay any processing fees that are charged by any third party payment processor in connection with your payment of the Booking Fee or any conversion and/or exchange fees. If a third party payment processor facilitates any payment of the Booking Fee, you hereby authorize Dive With Buddy to disclose your information and payment details to the payment processor and agree to be bound by the current version of the third party payment processor’s privacy policy and terms and conditions.
3. Cancellations. The Operator’s cancellation policy will apply to any cancellation of a Booking. Your ability to receive a refund for the Booking Fee and other amounts charged to you will depend upon the terms of the Operator’s cancellation policy and, in some cases, no refund may be issued. Details regarding refunds and cancellation policies of the Operator may be found in the Operator’s Policies. If an Operator cancels a confirmed Booking made via the Platform, it is at the Operator’s discretion and the Operator’s responsibility to issue a refund of the Booking Fee for the applicable Booking within a commercially reasonable time of the cancellation. You acknowledge and agree that in the event an Operator issues you a full or partial refund, that Dive With Buddy, in its discretion, may retain the full amount of the Guest Fee for services it has rendered by making the Platform available to you.
4. Deposits, Recurring and Partial Payments. In connection with a Booking, you may be required to make a deposit or recurring or incremental payments toward the Booking Fee. In the event you are required to make a deposit or make recurring or incremental payments for a Booking, you authorize Dive With Buddy, on behalf of the Operator, to collect any deposits or recurring or incremental payments on the schedule and at the frequency associated with the applicable Booking.
6. Accuracy Disclaimer, Updates and Corrections
1. Accuracy Disclaimer. The information displayed on the Platform may contain technical inaccuracies, typographical errors, or other discrepancies including, but not limited to, rates, fees, or availability in connection with your Booking. Because Operators control the information displayed in the Platform, Dive With Buddy cannot and does not endorse the accuracy of such information and makes no warranties or representation of any kind, whether express or implied. You agree that Dive With Buddy is not responsible for any errors, inaccuracies, or omissions related to information displayed on the Platform.
2. Corrective Actions. You agree that Dive With Buddy has the right to make any changes, corrections, or cancellations to any errors, inaccuracies, or omissions in the Platform (a) if requested to undertake such actions by the Operator, or (b) if such actions are necessary to correct hardware or software error(s).
3. Updates to the Platform and Changes to These Terms. We may change these Terms at any time, and we’ll tell you when we do by updating the version date at the top of this page. Using the Platform after the changes become effective means you agree to the new terms. If you do not agree to the new terms, you must stop using the Platform and, if applicable, close your Dive With Buddy account. Additionally, there may be times when we need to remove or change features or functionality of the Platform or stop access to certain Operators or other third party products and services on the Platform. Dive With Buddy may do so at any time and without liability to you.
7. Your Intellectual Property Rights
1. Your Content. The Platform enables you to post, upload, or otherwise submit materials, including without limitation photos, audio, videos, reviews, feedback, messages, comments, notes, and suggestions (collectively, “Your Content”).
2. License and Permission to Use Your Content. In addition to the right you grant us pursuant to Section 7.5, you hereby grant to us and our affiliates, licensees and sublicensees, without compensation to you or others, a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute Your Content, or any portion thereof, throughout the world in any format, media or distribution method (whether now known or hereafter created) for the duration of any copyright or other rights in Your Content. Such permission will be perpetual and may not be revoked for any reason, including in the event your use and access to the Platform is terminated, to the maximum extent permitted by law. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in Your Content. If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorize us and our affiliates, licensees and sublicensees, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice and likeness throughout the world, and such permission will be perpetual and cannot be revoked for any reason, except as required by applicable law. You further agree that we may use Your Content in any manner that we deem appropriate or necessary. We reserve the right to remove Your Content, in whole or part, for any reason without notice. We do not guarantee that we will publish or remove all of Your Content.
3. Ownership. Except with respect to the rights granted to us pursuant to Section 7.5, we acknowledge and agree that you, or your licensors, as applicable, retain ownership of any and all copyrights in Your Content, subject to the non-exclusive rights granted to us in the paragraph above, and that no ownership of such copyrights is transferred to us under these Terms.** **
4. Your Responsibilities for Your Content. ** By posting, uploading, or submitting Your Content on the Platform, you represent and warrant to us that you have the ownership rights, or you have obtained all necessary licenses or permissions from any relevant parties, to use Your Content in this manner. This includes obtaining the right to grant us the rights to use Your Content in accordance with these Terms. You are in the best position to judge whether Your Content is in violation of intellectual property or personal rights of any third party. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with Your Content. **
5. Your Feedback. We welcome feedback and suggestions about how to improve the Platform. If You provide us feedback or suggestions about the Platform, then we may use that information without obligation to you, and you irrevocably assign to us all right, title, and interest in that feedback or those suggestions.
6. Prohibited Content; Removal of Content. Please carefully review Your Content. If any portion of Your Content is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable or injurious to third parties, in the sole discretion of Dive With Buddy, then Dive With Buddy may remove Your Content, in whole or in part, with no liability to you.
8. Our Intellectual Property Rights.
1. Definition of Our Content and Materials. All intellectual property in or related to the Platform (specifically including, but not limited to, our software, our trademarks, our logo, and buttons, badges, widgets, text, graphics, photos, images, videos and sounds, but excluding Your Content), is the property of Dive With Buddy or its licensors, vendors, agents or Operators (“Our Content”).
2. Our License to You. Subject to these Terms, including the restrictions below, we grant you a limited non-exclusive license to use and access Our Content in connection with your use of the Platform. Except as expressly agreed to otherwise by us, your use of the Platform must be limited to personal non-commercial use. We may terminate this license at any time for any reason. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
3. Ownership. Dive With Buddy grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Platform and the content made available through the Platform solely for the purposes it is being made available. This license does not include any collection and use of any images or third party content on the Platform; any derivative use of the Platform or its contents; any downloading or copying of customer or account information for the benefit of a third party; or any use of data mining, robots, scraping or similar data gathering and extraction tools.
9. Third Party Content and Websites
1. Third-Party Content. The Platform enables access to content, products, and services, and it offers interactions with third parties, including Operators, that we do not control. We assume no responsibility for, nor do we endorse or verify the content, offerings or conduct of any third party. For example, Dive With Buddy does not conduct background checks or otherwise vet the Operators listed on the Platform. Participation or availability on the Platform does not amount to endorsement or verification by us, and we do not endorse or recommend the products, services, or other offerings by any Operator featured on the Platform. We make no representations or warranties with respect to the accuracy, completeness or timeliness of any content posted on the Platform by anyone.
2. Third-Party Websites. From time to time, the Platform may contain links to external websites that are not owned, operated, or controlled by Dive With Buddy or its affiliates. All such links are provided solely as a convenience to you or the person making use of the Platform. Neither Dive With Buddy nor any of its respective affiliates are responsible for any content, materials or other information located on or accessible from any other websites. Dive With Buddy and its affiliates do not endorse, guarantee, or make any representations or warranties regarding any other websites, services, or any other information located or accessible from any other websites or services. If you or the person making use of the Platform decide to access any other websites, this person does so entirely at their own risk.
3. Remedies for Infringement of Third Party Intellectual Property. If Dive With Buddy reasonably believes the Platform might infringe a third party’s intellectual property rights, then Dive With buddy may, at its sole option and expense: (a) procure the right for you to continue using the Platform; (b) modify the Platform to make it non-infringing without materially reducing their functionality; or (c) replace the Platform with a non-infringing, functionally equivalent alternative. If Dive With Buddy does not believe the remedies in Section 9.3(a) are commercially reasonable, then Dive With Buddy may suspend or terminate your use of the Platform.
10. Disclaimer and Limitation of Liability
1. Disclaimer. IN ADDITION TO ANY OTHER DISCLAIMER CONTAINED IN THESE TERMS, DIVE WITH BUDDY AND OUR AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, (A) OPERATOR SERVICES OR ANY OTHER THIRD PARTY PRODUCTS, SERVICES OR SITES LISTED, MADE AVAILABLE OR ACCESSIBLE THROUGH THE PLATFORM, (B) CONTENT POSTED BY ANY THIRD PARTY ON THE PLATFORM, AND (C) THE QUALITY OR CONDUCT OF ANY THIRD PARTY, INCLUDING OPERATORS, YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE PLATFORM. YOU UNDERSTAND THAT USE OF THE PLATFORM IS AT YOUR OWN RISK AND THAT WE PROVIDE ACCESS TO THE PLATFORM ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU BEAR THE ENTIRE RISK OF USING THE PLATFORM. DIVE WITH BUDDY IS NOT LIABLE FOR ANY DAMAGES OR HARMS TO PERSONS OR PROPERTY THAT OCCURS AS A RESULT OF ANY SERVICES THAT YOU HAVE PURCHASED THROUGH THE PLATFORM OR THE ACTIONS OF ANY OPERATORS, OTHER THIRD PARTIES OR THEIR AGENTS IN THE PROVISION OF THOSE SERVICES. DIVE WITH BUDDY DOES NOT GUARANTEE THE ACCURACY OR TIMELINESS OF THE ANY SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WILL NOT OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.
2. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW DIVE WITH BUDDY WILL NOT BE LIABLE UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT DIVE WITH BUDDY WILL NOT BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA ARISING OUT OF AND IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE PLATFORM, EVEN IF DIVE WITH BUDDY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES OR LOSSES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY OR (B) ANY AMOUNTS IN EXCESS ONE HUNDRED US DOLLARS ($100).
3. Indemnification. You agree to fully indemnify defend, and hold Dive With Buddy and its affiliates and their respective directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses thar arise directly to indirectly out of or from: (a) your breach of these Terms; (b) any allegation that any materials you submit to us or transmit to the Platform, including Your Content, infringe or otherwise violate the intellectual property rights of a third party; (c) your use of and your activities in connection with the Platform; (d) your negligent or willful misconduct, and (e) your interaction with any Operator and its affiliates, officers, employees, consultants, agents or other representatives, including any property damage, loss of life, or bodily injury caused by you, your guests or your invitees in connection with your use and access of any Operator Service. In connection with the foregoing indemnification obligations, (A) Dive With Buddy has the right to approve controlling counsel, such approval not to be unreasonably withheld (and which approval may be withheld or withdrawn if there is a conflict of interest); (B) Dive With Buddy may appoint its own non-controlling counsel, at its own expense; and (C) any settlement requiring Dive With Buddy to admit liability, pay money, or take (or refrain from taking) any action, will require Dive With Buddy’s prior written consent.
11. Governing Law and Dispute Resolution
1. Governing Law; Jurisdiction. These Terms have been made in and shall be construed and enforced in accordance with the laws of the State of Georgia applicable to agreements executed and wholly to be performed therein. Any action to enforce these Terms shall be brought in the federal or state courts located in the City of Atlanta and each party (a) submits to the exclusive jurisdiction of these courts; (b) agrees not to commence any legal action under or in connection with the subject matter of these Terms in any other court or forum; and (c) waives any objection to venue in such courts. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms. IN THE EVENT OF ANY DISPUTE BETWEEN THE PARTIES, WHETHER IT RESULTS IN PROCEEDINGS IN ANY COURT IN ANY JURISDICTION OR IN ARBITRATION, THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY, AND HAVING HAD AN OPPORTUNITY TO CONSULT WITH COUNSEL, WAIVE ALL RIGHTS TO TRIAL BY JURY, AND AGREE THAT ANY AND ALL MATTERS SHALL BE DECIDED BY A JUDGE OR ARBITRATOR WITHOUT A JURY TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
2. Binding Arbitration. Except as otherwise provided in these Terms, the following binding dispute resolution procedures shall be the exclusive means used by the parties to resolve all disputes, differences, controversies, and claims arising out of or relating to the Terms or any other aspect of the relationship between you and Dive With Buddy, including our respective affiliates and subsidiaries (collectively, “Disputes”). Any and all Disputes shall be referred to arbitration under the rules and procedures of JAMS (“Administrator”), who shall act as the arbitration administrator. The parties shall agree on a single arbitrator (the “Arbitrator”). The Arbitrator shall be a retired judge selected by the parties from a roster of arbitrators provided by the Administrator. Unless otherwise mutually agreed to by the parties, the place of arbitration shall be Atlanta, Georgia. The Federal Arbitration Act shall govern the arbitrability of all Disputes. The Federal Rules of Civil Procedure and the Federal Rules of Evidence (the “Federal Rules”), to the extent not inconsistent with these Terms, govern the conduct of the arbitration. The parties may engage in discovery, the extent of which shall be agreed upon by the parties or determined by the Arbitrator if the parties cannot agree. Any judicial proceeding arising out of or relating to these Terms or the relationship of the parties to review or confirm the award shall be brought exclusively in a court of competent jurisdiction in the Fulton County, Georgia. Each party shall pay their own expenses in connection with the resolution of Disputes pursuant to this Section, including attorneys’ fees. In the event of any lawsuit between the parties arising out of or related to these Terms, the parties agree to prepare and to timely file in the applicable court a mutual consent to waive any statutory or other requirements for a trial by jury.
3. Exceptions to Arbitration. Each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Notwithstanding the foregoing, you may bring a claim against Dive With Buddy in “small claims” court, instead of by arbitration, but only if the claim is eligible under the rules of the small claims court and is brought in an individual, non-class, and non-representative basis, and only for so long as it remains in the small claims court and in an individual, non-class, and non-representative basis.
4. Class Action Waiver. You and Dive With Buddy agree that any proceedings to resolve Disputes will be conducted on an individual basis and not in a class, consolidated, or representative action. This means that, in connection with any Dispute, you and Dive With Buddy both agree to waive the right to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and Dive With Buddy agree otherwise in writing, the arbitrator in any Dispute may not consolidate more than one person’s claims and may not preside over any form of class action proceeding.
5. Time to Bring Claims. You agree that any claim or cause of action under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between Dive With Buddy and you arising out of or in connection with your use of the Platform, the parties shall attempt, promptly and in good faith, to resolve any such dispute.
12. Miscellaneous
1. Sections 2, 3, 5, 7, 8, 10, 11, and 12, and those that by their terms apply after the Terms end will survive any termination or cancellation of these Terms. We may assign these Terms, in whole or in part, at any time without notice to you. You may not assign your rights or obligations under these Terms or transfer any rights to use the Platform.
2. **Severability. **If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect.
3. Entire Agreement. These Terms and the Privacy Policy together constitute the entire agreement between you and Dive With Buddy, govern your use of the Platform, and supersede any prior understandings or agreements with respect to the same subject matter between you and Dive With Buddy (written or oral).
4. Waiver. Dive With Buddy’s failure or delay to enforce any rights or provisions in these Terms will not constitute a waiver of such provision, or any other provision of these Terms.
5. Reservation of Rights. Except as expressly provided under these Terms, Dive With Buddy does not grant you a license or any other rights of any type under any patents, know-how, copyrights, trade secrets, trademarks or other intellectual property owned or controlled by Dive With Buddy or any related entity, including but not limited to any name, trade dress, logo or equivalents.
6. Notices. Dive With Buddy respects the intellectual property rights of third parties. If you wish to send a notice of intellectual property infringement, including claims of copyright infringement, please contact us at support@bookwithbuddy.com Dive With Buddy uses the processes set out in Title 17, United States Code, Section 512 to respond to notices of copyright infringement. In appropriate circumstances, Dive With Buddy may also disable or terminate accounts of users of the Platform who may be repeat infringers ONLY INQUIRIES RELEVANT TO THIS PROCEDURE WILL RECEIVE A RESPONSE.
7. Force Majeure. Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control.
8. No Agency. The relationship between the parties shall be that of independent contractors. These terms do not create any agency, partnership or joint venture between the parties.
9. Contact. Feel free to contact us by emailing us at support@bookwithbuddy.com with any questions about these Terms.