PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
By accessing or using this site, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions set forth herein and all applicable laws. If you do not agree with these terms, please do not use the site.
Company Identification
This website is operated by Neptune Enterprises, Inc., a Tennessee corporation, doing business as Neptune Diving and Ski, with a principal place of business located at 5827 Charlotte Pike, Nashville, Tennessee 37209.
Copyright
All content included on this site—such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software—is the property of Neptune Enterprises, Inc. d/b/a Neptune Diving and Ski (“Neptune Diving and Ski”) and is protected by United States and international copyright laws. The collective content of this site is a proprietary work and includes materials licensed to Neptune Diving and Ski. © Neptune Diving and Ski. All rights reserved.
Permission is granted to electronically copy and print portions of this site solely for the purpose of placing an order with Neptune Diving and Ski or purchasing Neptune Diving and Ski products. Any other use, including but not limited to the reproduction, distribution, display, or transmission of the content of this site, is strictly prohibited without prior written authorization from Neptune Diving and Ski. You further agree not to modify or remove any proprietary notices from materials downloaded from this site.
Trademarks
All trademarks, service marks, trade dress, and trade names used on this site are trademarks or registered trademarks of Neptune Enterprises, Inc. or its affiliates, unless otherwise stated. Use of any trademark without express written permission is strictly prohibited.
Warranty Disclaimer
This site and all materials and products available through it are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, Neptune Diving and Ski disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Neptune Diving and Ski does not guarantee that the functions on the site will be uninterrupted or error-free, that defects will be corrected, or that the site or its server is free of viruses or other harmful components. Some jurisdictions do not permit the exclusion of certain warranties, so the above limitations may not apply to you.
Limitation of Liability
Under no circumstances shall Neptune Diving and Ski be liable for any special, incidental, or consequential damages arising out of the use of or inability to use the materials on this site or the performance of products, even if Neptune Diving and Ski has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the foregoing limitations may not apply.
Typographical Errors
In the event a product is listed at an incorrect price due to a typographical error or error in pricing information received from our suppliers, Neptune Diving and Ski reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price. If your credit card has already been charged and the order is canceled, Neptune Diving and Ski will issue a credit in the amount of the incorrect price.
Term; Termination
These terms and conditions apply to you upon accessing the site and/or completing the registration or shopping process. Neptune Diving and Ski may terminate these terms, or any part thereof, without notice at any time, for any reason. The provisions regarding Copyright, Trademarks, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous shall survive termination.
Notice
Neptune Diving and Ski may deliver notice to you via email, a general notice on the website, or by other reliable means to the address provided by you.
Privacy Policy
Your use of this website is also governed by our Privacy Policy, which is hereby incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices.
In accordance with the Tennessee Information Protection Act (TIPA), effective July 1, 2025, Neptune Diving and Ski is committed to protecting the privacy rights of Tennessee residents. TIPA grants consumers the rights to access, correct, delete, and obtain a copy of their personal information, and to opt out of targeted advertising, profiling, or the sale of their data.
Businesses covered by TIPA must provide clear privacy notices, obtain opt-in consent before processing sensitive data, minimize data collection to only what is necessary, and implement reasonable security safeguards. Sensitive data includes information such as racial or ethnic origin, religious beliefs, health diagnoses, sexual orientation, citizenship or immigration status, precise geolocation, and biometric data.
Where required, Neptune Diving and Ski will conduct Data Protection Impact Assessments for high-risk data processing activities in compliance with TIPA.
Electronic Communications
By visiting our site or sending us email, you consent to receive communications from us electronically. You agree that all notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
Children’s Use
This website is not intended for use by individuals under the age of 13, and we do not knowingly collect personal information from children under 13. By using this site, you affirm that you are at least 18 years of age or are using this site with the involvement of a parent or legal guardian.
Force Majeure
Neptune Diving and Ski shall not be held liable for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, war, pandemics, government orders, terrorism, supply chain disruption, labor shortages, and other unforeseen events.
Modifications
Neptune Diving and Ski reserves the right to revise, update, or modify these Terms and Conditions at any time, without prior notice. By continuing to use this website after such changes, you agree to be bound by the revised Terms.
Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Any dispute or claim related to your use of this website shall be resolved by binding arbitration on an individual basis, and not in a class, collective, or representative action. You and Neptune Diving and Ski agree to the application of the Federal Arbitration Act and the use of the American Arbitration Association (AAA) Consumer Arbitration Rules, unless otherwise mutually agreed in writing.
You waive the right to a jury trial and agree that the arbitrator may not consolidate claims or preside over class or representative actions. If any portion of this clause is deemed unenforceable, the remainder shall remain in full force.
Miscellaneous
This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee, U.S.A., without regard to its conflict of law principles. You agree that jurisdiction and venue for any legal proceeding directly or indirectly arising out of or relating to this site shall be in the state or federal courts located in Tennessee. Any cause of action must be brought within one (1) year after the cause of action arises.
No waiver by Neptune Diving and Ski shall be construed as a waiver of any preceding or subsequent breach of any provision. Neptune Diving and Ski reserves the right to assign its rights and duties under this agreement at any time.
Use of Site
Harassment, impersonation, obscene language, unlawful uploads, or solicitation of commercial ventures through this site are strictly prohibited. You agree to use the site only for lawful purposes and in accordance with these terms.
Participation Disclaimer
Neptune Diving and Ski does not assume responsibility for materials posted by users but reserves the right to remove any content it deems inappropriate. User-generated content does not reflect the opinions of Neptune Diving and Ski.
Indemnification
You agree to indemnify and hold harmless Neptune Diving and Ski and its affiliates, officers, directors, employees, agents, licensors, and service providers from any claims, damages, costs, and expenses (including attorneys’ fees) arising from your violation of these terms or misuse of the site.
Third-Party Links
This site may link to external websites for convenience. Neptune Diving and Ski has no control over such sites and disclaims responsibility for their content or practices.
User Generated Content
By tagging, submitting, or posting content using Neptune Diving and Ski hashtags or handles, you grant Neptune Diving and Ski a worldwide, royalty-free, perpetual, sublicensable license to use such content for marketing purposes. You affirm that you own or have the right to grant such use, and that it does not infringe on any third-party rights.
If you believe your copyright is infringed, you may submit a DMCA notice to:
Neptune Enterprises, Inc.
Attn: Management
5827 Charlotte Pike
Nashville, Tennessee 37209
infoneptunediving-ski.com
Please include:
- Identification of the copyrighted work.
- Identification of the allegedly infringing material.
- Your contact information.
- A good faith statement and declaration under penalty of perjury.
- Your physical or electronic signature.