Definitions

"Non-Personal Information" is information that is in no way personally identifiable and that is obtained automatically through your simple use of our Website with a web browser. "Personally Identifiable Information" is non-public information that is personally identifiable and obtained in connection with providing a product or service to you. It may include information such as your name, address, phone number, and other related information you provide to us.

 

Our Commitment to Your Privacy

This Privacy Policy tells you what Personally Identifiable Information we may collect from you, how we may share this information, and how you can limit our sharing of your information. Ace Diving is committed to the security and privacy of all our clients. We take your privacy seriously, and we will work with you to ensure that you have an enjoyable shopping experience, but that you do so in a safe and secure online environment. Ace Diving and its affiliates are committed to respecting your privacy and recognize the need for appropriate protection and management of your Personally Identifiable Information you share with us. As a part of our commitment to your privacy, we support and adhere to the guidelines and practices adopted by the Direct Marketing Association Privacy Promise to consumers. Accordingly, we have agreed to (1) provide customers with notice of their ability to opt out of information exchanges with other marketers; (2) honor customer requests not to have their information transferred to others for marketing purposes; and (3) accept and honor customer requests not to receive solicitations from any of our brands.

 

Links to Other Websites

Our Website may contain links to other websites that are not under our direct control. These websites may have their own policies regarding privacy. We have no control of or responsibility for linked websites and provide these links solely for the convenience and information of our visitors. You access such linked Websites at your own risk. These websites are not subject to this Privacy Policy. You should check the privacy policies, if any, of those individual websites to see how the operators of those third-party websites will utilize your personal information. In addition, these websites may contain a link to Websites of our affiliates. The websites of our affiliates are not subject to this Privacy Policy, and you should check their individual privacy policies to see how the operators of such websites will utilize your personal information.

 

What Information We May Collect

Generally, our customers and investors can visit our Website without providing or revealing any personal or Personally Identifiable Information. We receive and store certain types of information whenever visitors interact with our Website. We may track the Internet domain address from which our visitors visit our Website and analyze this data for trends and statistics. Unless a visitor to our Website voluntarily provides Personally Identifiable Information to us, each individual customer remains anonymous. We receive and may store certain Personally Identifiable Information that our visitors enter when visiting our website or provide to us in other ways. For instance, we collect the information you provide to us when you place an order, register with us, send an email or call us, enter a sweepstakes or contest, subscribe to a service, enroll in a club, request to receive a catalog, or participate in a promotion. This information may include your name, shipping/billing address, telephone number, email address, credit card information, product purchases, birth date, gender, occupation, personal interests, and other similar personal or preference data that you provide to us. It may also include information you submit about other people such as the name and address of a gift recipient. Whether or not you provide such information to us is completely your own choice.

 

How We Use Your Information

We use the personal and/or Personally Identifiable Information you provide for our internal purposes, such as confirming and tracking your order, analyzing trends and statistics, informing you of our new products (including products of our affiliates), services and offers, and providing you with information about us and our products. From time to time, we may also work with other organizations that we believe are trustworthy and offer products or services that may be of interest to you. In such instances, we might share limited information (such as your name and postal address) that we have collected from you, including Personally Identifiable Information, so that such organizations may contact you with offers that may interest you. However, we will not share your information with these organizations if you have requested that we refrain from doing so. To serve you better, we may combine the information you give us online, through our catalogs, and from our retail locations; publicly available information; and information we receive from others. We use that combined information to enhance and personalize your experience with us, to communicate with you about our products and events that may be of interest to you, and for other promotional purposes. Also, we may contract with third-party service providers to provide certain services for our business, such as credit card processing, computer system services, shipping, data management, or promotional services. We provide the information needed for these service providers to perform these services. The information we provide may include some of our customers' personal and Personally Identifiable Information. However, these service providers are not authorized to use any of the information we share with them for any purposes other than to provide services to us. We may share information that we have collected with governmental agencies and other organizations assisting us in fraud prevention or for investigative purposes. We may do so when permitted or mandated by law; trying to protect against or prevent fraud; attempting to prevent unauthorized or improper transactions; or investigating fraud or improper conduct that has already taken place. In these instances, the information is not provided to these agencies or organizations for marketing or any other unrelated purposes. Additionally, we may share your email address, name, telephone number, and postal address within the Ace Diving family of businesses. Also, when you purchase from us through our catalogs or Websites we may need to contact you via phone, email, or mail to address issues specific to your order, even if you have opted to not receive communications from us. From time to time we may also market certain third-party services through our Website. Should you choose to accept an offer from a third-party, we will pass your relevant Personally Identifiable Information, including your name, postal address, credit/debit card number and any other required billing information to that specific third-party. Finally, if some or all of the business assets of any our company are sold or transferred, we generally would transfer the corresponding information regarding our customers and visitors to the purchaser. We also may retain a copy of that information.

 

Changes to Your Information

You may update your registered Personally Identifiable Information at any time. This includes your name, password, email, and postal address. You may also manage your mailing preferences and email formats. If at any time you would like us to update your Personally Identifiable Information or remove you from our email or postal mailing lists, or if you need assistance with the modification of your information, send us an email with your request.

 

Opting Out of Sharing Information

You may opt out of future unaffiliated third-party disclosures of your information. Such opt-out will not affect disclosures otherwise permitted by law including but not limited to: (i) disclosures to affiliates, (ii) disclosures to third-party service providers who provide certain services for our business, such as credit card processing, computer system services, shipping, data management, or promotional services, (iii) disclosures to third parties as necessary to fulfill your requests, (iv) disclosures to governmental agencies or law enforcement departments or otherwise required to be made under applicable law, (v) previously completed disclosures to third parties, or (vi) disclosures to third parties in connection with subsequent contests or promotions you may choose to enter, or third-party offers you may choose to accept.

 

Protecting Your Child's Privacy

Our Website is not designed for use by anyone under the age of 18 (child), though we realize we may have users under this age. We do not verify the age of our users nor do we have any liability for verifying a user's age. If you are under the age of 18, please seek the permission of a parent or guardian before placing an order. If you are a parent or guardian and believe your child is using our Website, please contact us. If children submit information to us and we know that the individuals submitting the information are indeed children, we will delete the information as soon as we discover it, we will not use the information for any purpose, and we will not disclose the information to third parties.

 

Our Email Policy

Ace Diving and our affiliates all fully comply with international laws regarding SPAM. You can always opt out of receipt of further email correspondence from us. We will not sell, rent, or trade your email address to any unaffiliated third-party without your permission. We believe that your email address is personal and should be kept that way. We use your email address to provide better customer service, to facilitate your transactions with our third-party marketing partners, and to be able to inform you of the Internet offers and promotions from us or our affiliates.

 

Our Security Policy

Because we all benefit from secure online shopping, we have taken steps to build and manage a system that you can use with confidence. We use sophisticated encryption and authentication tools to protect the security of the Personally Identifiable Information that you share with us. If sensitive data is collected through this Website, we will encrypt your Personally Identifiable Information before it travels over the Internet using industry standards for secure online transactions. The Personally Identifiable Information you provide to us is preserved behind a firewall, instead of being directly connected to the Internet. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Once we receive your transmission, we have appropriate security measures in place within our physical facilities to protect against the loss, misuse, or alteration of the Personally Identifiable Information you have provided to us. We urge you to keep your password for our Website in a safe place and not divulge it to anyone. Also remember to sign off your account and close your browser window when you have finished your visit to our Website. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place such as a library or Internet cafe.

 

Use of Payment Sources

To make a purchase through our Website, you will have to provide a payment source, such as a credit card or PayPal. We use third-party billing services and HAVE NO CONTROL over these services. We will use our best efforts to make sure that your payment source is kept STRICTLY CONFIDENTIAL by using only third-party billing services that use industry-standard technologies to protect your payment source from unauthorized use. However, you understand and agree that we are in no way responsible for any misuse of your payment source.

 

Cookies

Our Website may send a "cookie" to your computer. A cookie is a small piece of data that is sent to your browser from a web server and stored on your computer's hard drive. A cookie cannot read data off your hard disk or read cookie files created by other sites. Cookies do not damage your system. We use cookies to identify which areas of our site you have visited, so the next time you visit the site, we can better personalize the content that you see on our Website. Most browser software can be set to reject Cookies. However, if you reject our Cookies, certain functionality on our Website may not work correctly or at all. We do not place Personally Identifiable Information in Cookies.

 

Web Beacons

We may also use web beacons to collect Non-Personal Information about your use of our Website and the Websites of selected sponsors and advertisers, and your use of special promotions or newsletters. The information collected by Web Beacons (a) allows us to statistically monitor how many people open our emails and (b) for what purposes these actions are being taken. Our Web Beacons are not used to track your activity outside of our Websites or those of our sponsors'. We do not link Non-Personal Information from Web Beacons to Personally Identifiable Information without your permission.

 

Changes to Our Privacy Policy

From time to time, our privacy and security practices may change. If we modify our Privacy Policy, in whole or in part, to address these changes, we will indicate when such changes are made by changing the "Last Updated" date at the beginning of this Privacy Policy. Those changes will be effective as of the Last Updated date. The new policy will apply to all current and past users of our Websites and will replace any prior policies that are inconsistent. We may change or add to this Privacy Policy, so we encourage you to review it periodically.

 

Questions About Our Privacy Policy

To help us improve our privacy and security policies and practices, please send us your questions and feedback using the Contact Us and Feedback forms on our Website.


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COMPLETE LIABILITY RELEASE AND ASSUMPTION OF RISK



Review ACE DIVING Privacy Policy

I affirm it is my responsibility to inspect all the equipment and acknowledge it is in good working condition. I affirm that it is my responsibility to check both the quality and quantity of gas in any scuba tanks. I acknowledge that I should not dive if the equipment is not functioning properly. I will not hold the Released Parties responsible for my failure to inspect the equipment prior to diving or if I choose to dive with equipment that may not be functioning properly.

I understand that skin diving and scuba diving are physically strenuous activities, that I will be exerting myself during these activities, and that if I am injured because of heart attack, panic, hyperventilation, drowning or any other cause, that I expressly assume the risk of said injuries and that I will not hold the Released Parties responsible for the same.

I agree to reimburse the ACE DIVING LLC for the loss or breakage of all equipment at the current replacement value and to also pay for damages incurred while transporting the equipment. I agree to return the equipment in clean condition and to pay a cleaning fee if not returned cleaned.

I affirm that I am a passenger, snorkeler, free diver, certified scuba diver or a (student diver under the control and supervision of a certified scuba instructor), and that I thoroughly understand the hazards of scuba diving, snorkeling or free diving including those hazards occurring during boat travel to and from the dive site (hereinafter collectively referred to as “Excursion”).

I understand that these inherent risks include, but are not limited to, drowning, air expansion injuries, decompression sickness, embolism, or other hyperbaric injuries that require treatment in a recompression chamber; slipping or falling while on board, being cut or struck by a boat while in the water, injuries occurring while getting on or off a boat, and other perils of the sea; all of which can result in serious injury or death. I understand the Excursion will be conducted at a site that is remote, either by time or distance or both, from a recompression chamber and emergency medical facilities. I still choose to proceed with the Excursion. By signing this Agreement, I certify that I am fully aware of and expressly assume these and all risks involved in making such a boat trip, snorkeling and scuba dive(s), whether conducted as a certified diver or a student diver in a diving class.

I also understand that diving with oxygen enriched air (“Enriched Air”) involves inherent risks of oxygen toxicity and/or improper mixtures of breathing gas. I further understand that the open water diving trips which are necessary for training and for certification may be conducted at a site that is remote, either by time or distance or both, from such a recompression chamber. I still choose to proceed with such instructional dives in spite of the possible absence of a recompression chamber in proximity to the dive site.

I understand and agree that neither ACE DIVING LLC, (hereinafter “The Dive Center”); nor the owner(s), officers, employees; nor the dive professional(s); nor the crew; nor ACE SAILING CHARTERS LLC, (hereinafter “The Vessel Owner”); nor the owner(s), officers, employees; nor the dive professional(s); nor the crew; nor E-ZEN-TIAL, (hereinafter called “The Vessel”); nor the owner(s), officers, employees; nor the dive professional(s); nor the crew; nor PADI America, Inc, nor its affiliates or subsidiary corporations; nor the owners, officers, employees, agents, contractors or assigns of the above listed individuals and/or entities (hereinafter “Released Parties”) may be held liable or responsible in any way for any personal injury, property damage, wrongful death or other damages to me or my family, estate, heirs or assigns that may occur as a result of my participation in the Excursion, or as a result of the negligence of any party, including the Related Parties, whether passive or active.

I affirm I am in good mental and physical fitness to snorkel or scuba dive. I further state that I am not under the influence of alcohol or any drugs that are contradicted to snorkeling or diving. If I am taking medication, I affirm that I have seen a physician and have approval to snorkel or dive while under the influence of the medication/drug. I understand that snorkeling, skin and scuba diving are physically strenuous activities and that I will be exerting myself during the Excursion, and that if I am injured as a result of a heart attack, panic, hyperventilation, drowning or any other cause, that I expressly assume the risk of said injuries and that I will not hold the Released Parties responsible for the same.

I am aware that safe dive practices suggest diving with a buddy unless trained as a self-reliant diver.  Accordingly, it is my responsibility to plan my dive allowing for my diving experiences and limitations, and the prevailing water conditions and environment. I will not hold the Released Parties responsible for my failure to safely plan my dive, dive my plan, and follow the instructions and dive briefing of the dive professional(s)/vessel crew. I affirm it is my responsibility to inspect all of my equipment prior to the Excursion and that I should not dive if my equipment is not functioning properly. I will not hold the Released Parties responsible for my failure to inspect my equipment prior to diving or if I choose to dive with equipment that may not be functioning properly.

I further state that I am of lawful age and legally competent to sign the Agreement, or that I have obtained the written consent of my parent or guardian.  I understand the terms herein are contractual and not a mere recital, and that I have signed the Agreement of my own free act and with the knowledge that I hereby agree to waive my legal rights. I further agree that if any provision of this Agreement if found to be unenforceable or invalid, the provision shall be severed from the Agreement.  The remainder of the Agreement will then be construed as though the unenforceable provision had never been contained herein.

In consideration of being allowed to participate in the Shark dive(s), I hereby personally assume all risks in connection with said dive(s), for any harm, injury or damage that may befall me while I am a participant, including all risks connected therewith, whether foreseen or unforeseen. I understand that I am requesting to participate in a scuba dive that is intended to be done in the presence of wild and unpredictable sharks. I understand that the shark handler will intentionally attract these sharks to the immediate area of this dive and that I will be swimming unprotected. I will not attempt to touch, feed, or harass any sharks and understand that in doing so I may be asked to get out of the water. By my signature on this Assumption of Risk and Complete Release of Liability, I acknowledge that I am making this request to dive with these sharks with the full knowledge of the dangers involved with swimming with sharks. I have not been promised nor told anything to the contrary from what is stated in this Complete Release of Liability and Assumption of Risk Waiver. 

I understand and agree that I am not only giving up my right to sue the Released Parties but also any rights my heirs, assigns or beneficiaries may have to sue the Released Parties resulting from my death. I further represent that I have the authority to do so and my heirs, assigns and beneficiaries will be stopped from claiming otherwise because of my representation to the Released Parties.

EQUIPMENT RENTAL AGREEMENT

I, BY THIS INSTRUMENT AGREE TO EXEMPT AND RELEASE THE RELEASED PARTIES AND ALL RELATED ENTITIES AS DEFINED ABOVE, FROM ALL LIABILITY OR RESPONSIBILITY WHATSOEVER FOR PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH AS A RESULT OF RENTING AND/OR USING THE EQUIPMENT, HOWEVER CAUSED, INCLUDING, BUT NOT LIMITED TO PRODUCT LIABILITY OR THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE.

I HAVE FULLY INFORMED MYSELF AND MY HEIRS OF THE CONTENTS OF THIS NON-AGENCY DISCLOSURE AND ACKNOWLDGEMENT AGREEMENT AND COMPLETE LIABILITY RELEASE AND ASSUMPTION OF RISK AGREEMENT BY READING BOTH BEFORE SIGNING BELOW ON BEHALF OF MYSELF AND MY HEIRS.

PHOTOGRAPHY & VIDEO RELEASE FORM

I hereby give my consent to ACE DIVING LLC and its designees to photograph, audio record, and/or video record thru out the trip while on board M/V E-ZEN-TIAL and underwater. I understand that any such photographs, audio recordings, and/or video recordings becomes the property of ACE DIVING LLC. I understand that ACE DIVING LLC may use and/or reproduce the photographs, for promotional activities determined by ACE DIVING LLC  in broadcast and electronic media formats now existing or in the future created. I further understand that external educational, instructional, or promotional activities may include the release of the photographs, audio recordings, and/or video recordings to newspapers, radio and television stations. 

I further understand that by signing this release, I waive any and all present or future compensation rights to the use of the above stated material(s).  

By signature below, I release ACE DIVING LLC, its agents, employees or other representatives from any liabilities, known or unknown, arising out of the use of this material. I have read the Photography and Video Release Form and fully understand the terms and conditions outlined. 

August 17, 2022


First Participant's Name

First Name*

Last Name*
First Participant's Date of Birth*
First Participant's Information
Participants Level*

SNORKELERS AND BUBBLE WATCHERS PLEASE SKIP TO SIGNATURE.








ONLY FOR DIVERS.


Certifying Agency

Certification #
NITROX Certifying Agency

NITROX Certification #
Diver Accident Insurance?*
No
Yes

Policy Number

Insurance Co.
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Second Participant's Information
Participants Level*

SNORKELERS AND BUBBLE WATCHERS PLEASE SKIP TO SIGNATURE.








ONLY FOR DIVERS.


Certifying Agency

Certification #
NITROX Certifying Agency

NITROX Certification #
Diver Accident Insurance?*
No
Yes

Policy Number

Insurance Co.
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Third Participant's Information
Participants Level*

SNORKELERS AND BUBBLE WATCHERS PLEASE SKIP TO SIGNATURE.








ONLY FOR DIVERS.


Certifying Agency

Certification #
NITROX Certifying Agency

NITROX Certification #
Diver Accident Insurance?*
No
Yes

Policy Number

Insurance Co.
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Information
Participants Level*

SNORKELERS AND BUBBLE WATCHERS PLEASE SKIP TO SIGNATURE.








ONLY FOR DIVERS.


Certifying Agency

Certification #
NITROX Certifying Agency

NITROX Certification #
Diver Accident Insurance?*
No
Yes

Policy Number

Insurance Co.
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Information
Participants Level*

SNORKELERS AND BUBBLE WATCHERS PLEASE SKIP TO SIGNATURE.








ONLY FOR DIVERS.


Certifying Agency

Certification #
NITROX Certifying Agency

NITROX Certification #
Diver Accident Insurance?*
No
Yes

Policy Number

Insurance Co.
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Information
Participants Level*

SNORKELERS AND BUBBLE WATCHERS PLEASE SKIP TO SIGNATURE.








ONLY FOR DIVERS.


Certifying Agency

Certification #
NITROX Certifying Agency

NITROX Certification #
Diver Accident Insurance?*
No
Yes

Policy Number

Insurance Co.
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Information
Participants Level*

SNORKELERS AND BUBBLE WATCHERS PLEASE SKIP TO SIGNATURE.








ONLY FOR DIVERS.


Certifying Agency

Certification #
NITROX Certifying Agency

NITROX Certification #
Diver Accident Insurance?*
No
Yes

Policy Number

Insurance Co.
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Information
Participants Level*

SNORKELERS AND BUBBLE WATCHERS PLEASE SKIP TO SIGNATURE.








ONLY FOR DIVERS.


Certifying Agency

Certification #
NITROX Certifying Agency

NITROX Certification #
Diver Accident Insurance?*
No
Yes

Policy Number

Insurance Co.
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Information
Participants Level*

SNORKELERS AND BUBBLE WATCHERS PLEASE SKIP TO SIGNATURE.








ONLY FOR DIVERS.


Certifying Agency

Certification #
NITROX Certifying Agency

NITROX Certification #
Diver Accident Insurance?*
No
Yes

Policy Number

Insurance Co.
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Information
Participants Level*

SNORKELERS AND BUBBLE WATCHERS PLEASE SKIP TO SIGNATURE.








ONLY FOR DIVERS.


Certifying Agency

Certification #
NITROX Certifying Agency

NITROX Certification #
Diver Accident Insurance?*
No
Yes

Policy Number

Insurance Co.
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Emergency Contact

Emergency Contact's Name*

Emergency Contact's Phone Number*
Trip Information
Please select:*

Trip Date *
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.

By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Relationship*
Parent or Guardian's Date of Birth*
Parent or Guardian's Information
Participants Level*

SNORKELERS AND BUBBLE WATCHERS PLEASE SKIP TO SIGNATURE.








ONLY FOR DIVERS.


Certifying Agency

Certification #
NITROX Certifying Agency

NITROX Certification #
Diver Accident Insurance?*
No
Yes

Policy Number

Insurance Co.
Parent or Guardian's Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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