Terms of Use

Updated on May 2, 2016

ScubaExams.com (“Scuba Exams”) welcomes You to the Scuba Exams web site, www.ScubaExams.com (the “Site”). The Site provides You or, in the case that You represent a company or other entity, that company or other entity (“You”, “Your”, “Yourself”) with access to Scuba Exams’s service providers (the “Services”). These Terms of Use (this “Agreement”) apply to Your use of the Site and Services. Carefully read the terms of this Agreement. By accessing the Site or otherwise using the Services, You acknowledge that You have read and agree to be bound by this Agreement. If You do not agree with any of the terms of this Agreement, You do not have permission to access the Site or use the Services.

Scuba Exams reserves the right, in its sole discretion, to modify this Agreement at any time by posting a modified version of this Agreement to the Site. You agree to be bound by the modified Agreement through Your continued access to the Site or use of the Services. You should visit this page periodically to review the most current Terms as no further notice will be provided to You.

Violation of this Agreement may result in immediate termination and suspension of services in Scuba Exams’s sole discretion.

1. Eligibility. You must be 18 years of age or older to access or use any Services. If under the age of 18 You must have the supervision of Your parent, legal guardian, or other responsible adult. By access this Site and using its Services You represent and warrant that You are 18 years of age and have the right, authority and capacity to agree to and abide by this Agreement. You also represent and warrant to that You will use the Site in a manner consistent with any and all applicable laws and regulations.

2. Term and Termination. The term of this Agreement will begin upon your initial use of the Site. Scuba Exams reserves the right, at its sole discretion, to terminate this Agreement or Your access to any part of the Site or the Services with or without notice to You and with or without cause. Upon termination of this Agreement, all rights and licenses granted to You in this Agreement will immediately cease to exist. The provisions of Sections 4, 5, 7, 8, 9, 10, and 11 of this Agreement will survive termination of the Agreement for any reason.

Scuba Exams, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Scuba Exams service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Scuba Exams reserves the right to refuse service to anyone for any reason at any time.

If it is found that an Affiliate has signed new users who are fraudulently trying to copy our site material, then the affiliate’s and new user accounts will be terminated and all monies forfeited. It is restricted to act as an Affiliate and sign up as a new user with the same IP address, posing as a new student in order to collect affiliate commissions. All monies for the affiliate and monies paid by the new user will be forfeited and not refunds will be allowed.

3. Registration. Upon successful registration, You will be provided with a Password. You are responsible for maintaining the confidentiality of Your account including the password. You may not share Your password with or other account access information with any other party, temporarily or permanently and You are responsible for all uses of Your registration, password and account irrespective of whether such use was authorized by You or not. You shall notify Scuba Exams immediately if Your password has been compromised. In order to access some of the Services, You will be asked to submit certain information about Yourself (“Registration Information”) including but not limited to Your name, telephone number, address and email address. Information You submit will be used in accordance with the Site Privacy Policy which is incorporated herein as though fully set forth. By submitting this information You represent and warrant that You have agreed to the use of Your information in accordance with that policy. You represent and warrant that all Registration Information You have provided is true, accurate, current and complete. You agree that You have no ownership rights in Your account or customized URL and that if You cancel Your account or Your account is terminated by Scuba Exams all Your account information including but not limited to Examss, profiles, cover letters, network contacts, job applications or communications, questionnaires and email lists will be deleted from Scuba Exams databases and servers. Information You placed on the public portion of the site may continue to be available and third parties may retain cached copies of Your information.

4. Use of the Site and the Services. You may access and use the Site and the Services only for lawful purposes and solely in accordance with the terms of this Agreement. In addition, You may also be asked to enter into additional agreements before being permitted to access certain Services. Those additional agreements are in addition to this Agreement and will govern Your use of the Services covered by the additional agreements in the event of a conflict between the terms of this Agreement and those additional agreements. All rights not expressly granted to You under this Agreement are reserved by Scuba Exams and its licensors. You are authorized to view and access the content available on the Site for Your personal use only. The content of the Site including but not limited to, text, graphics, images, logos, software and other content are protected under copyright, trademark and other laws and are the property of Scuba Exams.com. You may not sell or modify such content or reproduce, display or distribute any content for public or commercial uses in connection with products or services not provided by Scuba Exams in any manner that is likely to cause confusion among third parties or that disparages Scuba Exams or its licensors or that dilutes the intellectual property rights of Scuba Exams.

5. Restrictions on the Use of Services.

General Restrictions. You will not: (a) license, sublicense, rent, lease, loan, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Site or Services; (b) modify or make derivative works based upon the Site or Services; or (c) reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code or method of operation of the Site or Services, or authorize any third party to do any of the foregoing.

◦ You will not use the Site in order to transmit, post, distribute, store or destroy material, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

◦ Scuba Exams reserves the right to limit, or bar the use of Employers/Job Posters who: (a) abuse the service in ANY way as deemed by Scuba Exams, (b) ask prospective employees to pay for services or set up fees to as independent consultants (c) design or create a marketing and/or sales force/program by compensating promoters of company products not only for sales they personally generate, but also for the sales of other promoters they introduce to the company, creating a downline of distributors and a hierarchy of multiple levels of compensation (aka mutlti-level marketing), and/or (d) are not in good standing with but limited to the Better Business Bureau, FTC, any/all state Attorney Generals, or other governmental regulatory agency.

◦ You are prohibited from violating or attempting to violate the security of the Site, including without limitation, the following activities: (a) accessing data not intended for Your use, logging into a server or account which You are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempt to interfere with service to any other user of the Site, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; or (d) forging header or any part of the header information in any e-mail or other posting. In order to ensure security for all users of the Site, Scuba Exams retains the right to limit the amount of data that may be loaded and accessed by You at any given time.

Specific Restrictions. The Services, including but not limited to, the Exams database and other features of the Site may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. Your unique URL may be used only for lawful purposes by You for the purposes of seeking employment, education or networking with other users for professional purposes.

◦ You will not use the Site to do any of the following: (a) post jobs, Examss or content on any the Site that contain hyperlinks, “hidden” keywords or keywords that are irrelevant to the job or are otherwise misleading or are the intellectual property of a third party; (b) post jobs or Examss for modeling or talent or talent scouting positions; (c) use the Site for any purpose other than to seek employment or an employee. You may not use the information in the Site database or the Site’s communications tools to sell or promote any products or services; (d) undertake recruitment, executive search, staffing, outsourced employment or any other professional employment or recruitment activity; (e) post or submit to the Site and Your unique URL incomplete, false or inaccurate biographical or Exams information or information which does not belong to You; (f) post information pertaining to a franchise, pyramid scheme, club membership, distributorship or sales agency or other business opportunity; (g) send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes promoting and/or advertising products or services to other users of the Site; (h) delete or revise any material posted by any other person or entity; (i) take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure; (j) use or attempt to use any engine, software, tool, agent or other device or mechanism or software (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available on the Site and generally available third party web browsers; (k) decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up any part of the Site; and (l) aggregate, copy or duplicate any portion of the site for commercial gain.

Report Violations. Scuba Exams does not monitor or approve any posted content from You or other users of the Site or materials which are transmitted within the Site. If You find a user undertaking action which violates this Agreement please contact us at info@Scuba Exams.com. Scuba Exams will investigate Your complaint and will determine the appropriate action to be taken in its sole discretion. Scuba Exams.com is not liability or responsibility to You or other users for any activity undertaken in violation of this Agreement.

6. Guide lines for Content submitted by User. You agree that, as between You and Scuba Exams, all information, data, text, photographs, graphics, messages or other materials posted by You on the Site (“User Content”) are Your sole responsibility. You retain any intellectual property rights you may have to Your User Content and You are responsible for protecting those rights, as appropriate. However, by submitting, posting or displaying User Content on the site or otherwise providing such User Content to Scuba Exams through the Site, You grant Scuba Exams a worldwide, non-exclusive, perpetual, irrevocable and royalty-free license to use such User Content in any manner at Scuba Exams’s sole discretion including promotion of Scuba Exams Services. You also represent and warrant that You have the right and authority to grant this license. Scuba Exams is a passive conduit for the online distribution and publication of User Content and has no obligation to screen such content, communications or information in advance and is not responsible for screening or monitoring Your posts or posts by other users. Scuba Exams may, in its sole discretion, edit posted content from You or other users of the Site, or materials which are transmitted within the Site, for purposes which may include but not be limited to (a) redacting certain personal information from Examss that could enable others to contact the Examss’ posters outside of the Site’s tools; and/or (b) removing content which violate the Site’s policies, these Terms, applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of users or third parties, causes damage to their reputation or creates a liability for Scuba Exams. Notwithstanding the foregoing, Scuba Exams shall not be obligated to either monitor or approve any posted content from You or other users of the Site or materials which are transmitted within the Site, and shall in no event be liable either for modifying or failing to modify any such content or materials. Nothing herein may be construed as a represent or guarantee of the truthfulness, accuracy, or reliability by Scuba Exams of User Content or any other communications posted by users or endorse any opinions expressed by users. You agree that any reliance on material posted by other users is at Your own risk. The following is a partial list of User Content that is prohibited and is for illustration purposes only: Prohibited Content:

◦ is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;

◦ harasses, incites harassment or advocates harassment of any group or individual;

◦ involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;

◦ promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

◦ promotes or endorses an illegal or unauthorized copy of another person’s copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;

◦ contains restricted or password only access pages, or hidden pages or images;

◦ displays or links to pornographic, indecent or sexually explicit material of any kind;

◦ provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18;

◦ provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating any media;

◦ solicits passwords or personal identifying information from other Users; or

◦ Is a direct solicitation, advertisement or recruitment.

7. User Content which violates these guild lines will be removed from the Site in Scuba Examss sole discretion. However, Scuba Exams has no liability or responsibility to users for performance or nonperformance of such removal or User Content.

8. Indemnification. You will indemnify, defend, and hold harmless Scuba Exams and each of its respective employees, officers, directors, and affiliates (“Indemnified Parties”), from any and all claims, losses, liabilities, damages, fees, expenses and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) which result from any claim or allegation against any Indemnified Party arising from: (a) Your accessing the Site or use of the Services, including any materials disseminated or transmitted by You and/or Your Registrants; (b) Your breach of any term of this Agreement; or (c) Your negligence or intentional misconduct hereunder. Scuba Exams will provide You with notice of any such claim or allegation, and Scuba Exams will have the right to participate in the defense of any such claim at its expense.

9. Ownership of Intellectual Property. Scuba Exams and its licensors own all rights, title and interest in and to the Site and Services, including, without limitation, any Results (defined below) and any Intellectual Property Rights therein and/or related thereto. “Intellectual Property Rights” means all worldwide patent, patent applications, copyrights, trade secrets, trademarks, service marks, trade names and any other intellectual property, proprietary, and database protection rights. The Scuba Exams name and logo are trademarks of Scuba Exams, Inc., and no right or license is granted to You herein to use such trademarks with the exception of distributing Your Scuba Exams account through all .badges. provided on the site.

10. Data Collection. Scuba Exams will have the right to utilize data capture, analysis tools, and other similar tools, to review, extract, compile, synthesize, and analyze queries entered by You as well as any non-personally identifiable data or information resulting from Your use of the Services (“Results”) in the manner described in the Privacy Policy which is incorporated on the website, scubeExams.com. To the extent that any Results are collected by Scuba Exams, such Results will be solely owned by Scuba Exams and may be used by Scuba Exams for any lawful business purpose without a duty of accounting to You, provided that the Results are used only in an aggregated form, without specifically identifying the source of the Results.

11. User Representations and Warranties. You represent, warrant and covenant for the benefit of Scuba Exams that: (1) You have the legal right and authority to enter into this Agreement, and, if You are accepting this Agreement on behalf of a company or other entity, to bind the company or other entity to the terms of this Agreement; (2) You have the legal right and authority to perform Your obligations under this Agreement and to grant the rights and licenses described in this Agreement and in any applicable additional agreement You enter into in connection with any of the Services; (3) all information You provide to Scuba Exams in connection with this Agreement and Your access to the Site and use of the Services is correct and current; and (4) neither Your use of the Site nor your provision of any User Content to Scuba Exams will in any way constitute an infringement or other violation of any copyright, patent, trademark, trade secret or other proprietary or personal rights of any third party.

12. Scuba Exams Representations and Disclaimers. The Site provides a venue for individuals to network for professional and employment purposes only. Scuba Exams does not screen or censor User Content on the Site. It is not involved in the actual communications between the Site users. As a result, Scuba Exams does not and will not control the accuracy, reliability, completeness, or timeliness of User Content submitted on the Site and makes no representations and warranties regarding the same. Users assume all risks associated with dealing with other users with whom You come in contact through the Sites. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. Scuba Exams does not authenticate or confirm that each user is who they claim to be or that User Content is accurate or truthful. The Site may contain inaccuracies or typographical errors. Scuba Exams makes no representations about the accuracy, reliability, completeness, or timeliness of the Site. The use of the Site is at Your own risk. Changes are periodically made to the Sites at any time. You acknowledge and agree that You are solely responsible for the form, content and accuracy of any Exams or material contained therein placed by You on the Sites. Employers are solely responsible for their postings on the Site. Scuba Exams is not an employer with respect to Your use of the Site and is not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on the Site. Scuba Exams does not guarantee any specific results from use of the Site. No advice or information, whether oral or written, obtained by a User from the Site shall create any representation or warranty not expressly stated in this Agreement.

13. Disclaimer of Warranty. THE PARTIES ACKNOWLEDGE THAT THE SERVICES ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER. YOU RECOGNIZE THAT THE CURRENT STATE OF TECHNOLOGY DOES NOT ALLOW FOR ERROR-FREE ACCESS TO THE SITE AND USE OF THE SERVICES, AND INTERRUPTIONS, CRASHES AND DOWNTIME MAY OCCUR FROM TIME TO TIME. SCUBA EXAMS DOES NOT REPRESENT OR WARRANT THAT: (A) THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) THE SERVICES WILL MEET CUSTOMERS. REQUIREMENTS OR EXPECTATIONS; OR (C) ANY RESULTS GENERATED BY USING THE SERVICES WILL BE ACCURATE, UP-TO-DATE, COMPLETE, OR RELIABLE. SCUBA EXAMS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NO ORAL OR WRITTEN INFORMATION GIVEN BY SCUBA EXAMS WILL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. YOU AGREE THAT YOUR ACCESS TO THE SITE AND THE INFORMATION THEREON IS AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE YOU INCUR THROUGH ACCESS TO THE SITE OR USE OF THE SERVICES.

14. Limitation of Liability. IN NO EVENT WILL SCUBA EXAMS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF, OR IN CONNECTION WITH THE SITE, THE INFORMATION THEREON, OR THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION, THE USE OR INABILITY TO USE THE SITE, EVEN IF SCUBA EXAMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, SCUBA EXAMS’S AGGREGATE LIABILITY FOR ALL CAUSES OF ACTION ARISING OUT OF THESE TERMS OR THE SITE SHALL BE THE AMOUNT PAID BY YOU TO SCUBA EXAMS IN CONNECTION WITH THE SITE.

15. Privacy Policy. Scuba Exams’s privacy policy, a copy of which is available on the Site (the “Privacy Policy”), is incorporated in this Agreement by reference. By accepting this Agreement, You expressly consent to the use and disclosure of Your personally identifiable and other information as described in the Privacy Policy.

16. Linked Sites. The Site may contain links to third party sites that are not under the control of Scuba Exams, and Scuba Exams is not responsible for any content on any linked site. If You access a third party site from the Site, then You do so at Your own risk. Scuba Exams provides links only as a convenience and the inclusion of the link does not imply that Scuba Exams endorses or accepts any responsibility for the content on those third party sites. [Scuba Exams welcomes links to the Site. You may establish a link to this Site, provided that the link does not state or imply any sponsorship or endorsement of Your site by Scuba Exams or any group or individual affiliated with Scuba Exams. You may not use on Your site any content or trademarks appearing on the Site in establishing the link. You may not frame or otherwise incorporate into another site the content or other materials on the Site without prior written consent.]

17. Notices. All notices by You under this Agreement must be delivered in writing by courier, by electronic facsimile, or by certified or registered mail (postage prepaid and return receipt requested) to Scuba Exams’s address set forth on the Site, as appropriate. Such notice will be effective upon receipt. Scuba Exams may deliver a notice to You by posting of a general notice on the Site, which will be effective 48 hours after posting to the Site.

Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.

Affiliate Program Terms

  1. You must be 18 years or older to be part of this Program.
  2. You must have a valid verifiable email address to be an Affiliate.
  3. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  4. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  5. Your login may only be used by one person – a single login shared by multiple people is not permitted.
  6. You are responsible for maintaining the security of your account and password. Scuba Exams cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  7. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
  8. One person or legal entity may not maintain more than one account.
  9. You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  10. You may not use the Affiliate Program to earn money on your own Scuba Exams product accounts.

General Provisions. This Agreement is the complete and exclusive statement of the Agreement between Scuba Exams and You regarding the Services and supersedes any other agreement or proposal, oral or written (including information on the Site), and any other communications between Scuba Exams and You. This Agreement will be governed by the laws of the State of California without regard to conflicts of law principles. All disputes arising under this Agreement must be brought in the state or federal courts located in California. Each party irrevocably hereby consents to the jurisdiction and venue of any such court in any such action or proceeding. There are no other third party beneficiaries under this Agreement. The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach. If any provision of this Agreement is deemed unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. You may not assign, delegate or otherwise transfer this Agreement or any of Your rights or obligations under this Agreement without the prior written consent of Scuba Exams. Any such assignment, delegation or transfer in violation of the foregoing will be null and void. As updated on 11/01/2013