Terms of service

Contents

1. Acceptance of These Terms; Important Notice

This Site is operated by Neptune's Vanguard LLC, doing business as Neptune's Vanguard Born of the Deep (the "Company," "Neptune's Vanguard," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of www.neptunesvanguard.com and any related pages, checkout flows, communications, Products, Services, Bookings, Trips, and Dive Activities offered, sold, coordinated, or facilitated by the Company.

By accessing or using the Site, creating an account, clicking to accept these Terms, placing an order, paying a deposit or other amount, making a Booking, or participating in a Service or Dive Activity, you acknowledge that you have read, understood, and agree to be bound by these Terms and the incorporated Policies. If you do not agree, do not use the Site, place an order or Booking, or participate.

If you purchase or arrange a Product, Service, Booking, or Trip for another person, you are responsible for providing that person with the applicable terms and requirements. Your acceptance does not replace the actual Participant's acceptance of any participant agreement, medical statement, operator terms, or liability waiver required before participation.

2. Definitions

“Booking” means an order, reservation, deposit, installment payment, or other commitment for a Service, Dive Activity, Trip, excursion, event, or related offering.

“Company Parties” means the Company and its owners, members, managers, officers, employees, volunteers, agents, representatives, contractors, affiliates, insurers, successors, and assigns, acting in those capacities.

“Customer” means a person or entity that accesses the Site, submits information, places an order, purchases a Product, or makes a Booking. "You" and "your" include a Customer and, where the context requires, a Participant.

“Dive Activities” means scuba diving, introductory or discovery scuba experiences, guided local diving, snorkeling, freediving, swimming, boating, shore or boat entries and exits, equipment use, and related instruction, supervision, travel, and water activities.

“Equipment” means scuba, snorkeling, swimming, boating, water-sports, safety, exposure-protection, and related equipment or accessories, whether sold, rented, loaned, supplied, or made available by the Company or a Third-Party Provider.

“Participant” means any person who attends, travels with, observes, or participates in a Service, Trip, excursion, event, or Dive Activity, including a Customer who books for themself and, where applicable, the parent or legal guardian of a minor Participant.

“Policies” means the Company's Privacy Policy, Shipping Policy, Return and Refund Policy (including the Dive Trip Cancellation Policy), Contact Information Policy, Legal Notice, and any trip-, product-, or service-specific written terms presented before purchase or participation.

“Products” means apparel, custom goods, dive and water-sports equipment, drinkware, accessories, electronics, gift cards, merchandise, and any other tangible or digital goods offered through the Site.

“Services” means guided or hosted activities, local diving, trip planning or coordination, custom apparel and branding work, events, consultations, and other services offered by the Company.

“Site” means www.neptunesvanguard.com, its Shopify storefront, related pages, forms, checkout interfaces, and Company-controlled online services that link to these Terms.

“Third-Party Provider” means an independent manufacturer, supplier, fulfillment partner, payment processor, carrier, dive operator, instructor, divemaster, guide, vessel owner or operator, captain, hotel, resort, airline, transportation provider, excursion provider, equipment provider, restaurant, insurer, platform, or other vendor that is not the Company.

“Trip” means any dive trip, group travel experience, excursion, accommodation, transportation arrangement, or related itinerary organized, hosted, advertised, coordinated, or facilitated by the Company.

3. Eligibility, Authority, and Minors

You must be at least the age of majority in your place of residence to form a binding contract through the Site. If you act for a business or other entity, you represent that you have authority to bind it.

Minors may participate only when the Company and applicable Third-Party Providers expressly allow it, a parent or legal guardian provides all required consents and signatures, and all age, training, supervision, and medical requirements are satisfied. Nothing in these Terms waives a minor's rights where applicable law does not permit a parent or guardian to waive them.

The Company may impose reasonable age, certification, experience, supervision, or other eligibility requirements for a Product, Service, Booking, Trip, or Dive Activity and may require proof before accepting or continuing a transaction.

4. Site Access and Acceptable Use

You may use the Site only for lawful, personal, or authorized business purposes and in accordance with these Terms. No right is granted except the limited right to access the Site for its intended purpose.

You may not use the Site to violate law; infringe intellectual-property, privacy, publicity, or other rights; submit false or fraudulent information; impersonate another person; transmit malware; bypass security; interfere with Site operation; scrape, harvest, or extract data through automated means without written permission; reverse engineer Site functionality; make fraudulent purchases or chargebacks; or assist another person in doing any of those things.

We may suspend or terminate access, refuse service, cancel an unaccepted order or Booking, preserve evidence, and cooperate with lawful authorities when we reasonably believe conduct is unsafe, fraudulent, unlawful, abusive, or inconsistent with these Terms. These remedies do not limit any other rights available by law.

5. Accounts, Information, and Electronic Records

You are responsible for providing accurate, current, and complete contact, billing, shipping, participant, certification, and payment information and for promptly correcting changes. We are not responsible for delay, loss, or inability to provide a Product or Service caused by inaccurate information you supply.

If the Site permits accounts, you are responsible for safeguarding your credentials and for activity conducted through your account. Notify us promptly at support@neptunesvanguard.com if you suspect unauthorized access.

You consent to receive transactional communications, confirmations, notices, invoices, policy disclosures, and records electronically. Electronic acceptance, records, and signatures satisfy writing and signature requirements to the extent permitted by applicable law. You are responsible for retaining copies of the Terms and Policies in effect when you transact.

6. Products, Availability, and Order Acceptance

Product descriptions, images, sizing, specifications, availability, and estimated fulfillment times are provided for convenience and may change. Colors and appearance may vary by screen, production process, material lot, and lighting. Measurements and sizing guides are estimates, and Customers are responsible for selecting an appropriate size or specification.

Placing an order is an offer to purchase. A payment authorization, automated confirmation, or receipt of a deposit does not require us to accept an order or Booking. Acceptance occurs when we send a specific acceptance or fulfillment confirmation, ship a Product, or otherwise begin performance, subject to the applicable Policies and mandatory law.

We may limit quantities or decline or cancel an order before acceptance for suspected fraud, pricing or description errors, inability to fulfill, restricted destinations, safety concerns, violation of these Terms, or other legitimate business reasons. If we cancel after collecting payment, we will refund amounts required by the applicable Policy and law.

7. Made-to-Order and Custom Products

Certain apparel, accessories, and customized items are produced on demand through independent fulfillment providers. Production may begin shortly after submission, and change or cancellation requests may be impossible once an order enters production. The Return and Refund Policy governs cancellation and return eligibility.

Reasonable variations in color, fabric texture, stitching alignment, print or embroidery placement, dimensions, material characteristics, and production tolerances are inherent in custom and on-demand manufacturing and are not defects unless they materially fail to conform to the agreed specifications or applicable law.

For custom branding or artwork projects, the Customer must review and approve proofs, spelling, colors, dimensions, placement, and quantities before production. Approval authorizes production based on the approved proof, subject to ordinary production tolerances. Customer-caused errors, late changes, or replacement costs are the Customer's responsibility except where law requires otherwise.

7.1. Custom Order Deposits and Final Payment

Custom orders may require a deposit, advance payment, or installment payment in the amount stated in the applicable quote, invoice, proposal, order, or other written agreement. Once design work, procurement, production, customization, or other performance begins, any deposit or advance payment becomes nonrefundable to the extent stated in the accepted transaction terms and permitted by applicable law.

Unless the Company agrees otherwise in writing, any remaining balance for a custom order is due in full before shipment, delivery, pickup, transfer, or release of the completed Product or work. The Company may withhold release of completed custom work until all amounts then due have been paid.

If the Company agrees in writing to release or deliver completed custom work before full payment, the unpaid balance remains due and enforceable and is subject to Section 8.1.

8. Pricing, Payment, Taxes, and Promotions

Prices, availability, deposits, installment schedules, and promotions may change before acceptance. Unless stated otherwise, prices exclude shipping, taxes, customs duties, permits, optional excursions, equipment rental, gratuities, and other third-party charges.

You authorize the Company and its payment processors to charge the payment method you provide for the amount and schedule you approve. Trip installment payments are due by the stated deadlines. We will not initiate recurring charges beyond the authorization presented to you. Late, declined, reversed, or disputed payments may result in loss of a reservation, subject to the applicable cancellation terms and law.

You are responsible for sales, use, value-added, customs, import, lodging, tourism, marine-park, or similar taxes and governmental charges assigned to you, unless included in the stated price or the Company is legally required to collect and remit them.

Promotions, discount codes, and credits are subject to their stated conditions, may not be combined unless expressly allowed, have no cash value, and may be corrected or withdrawn before acceptance where permitted by law.

9. Shipping, Delivery, and International Orders

Processing and delivery dates are estimates unless the Company expressly states in writing that a specific date is guaranteed. Production, carrier, customs, weather, holiday, labor, supply-chain, and other Third-Party Provider delays may affect delivery. Paying for expedited transit does not shorten production time or independently guarantee arrival.

Customers must provide a complete and accurate delivery address. Additional shipping, storage, return, redelivery, customs, or disposal charges caused by an incorrect address, refused delivery, unpaid duties, or failure to collect a parcel are the Customer's responsibility to the extent permitted by law.

Title and risk of loss transfer as provided by applicable law and the posted Shipping Policy. Nothing in these Terms shifts a risk or responsibility that mandatory consumer law assigns to the Company. Claims for loss, damage, or nonconforming delivery must be reported promptly with the order number, tracking information, and reasonable documentation.

International Customers are responsible for destination-country import rules, duties, taxes, prohibited items, and customs procedures. We may decline shipment where fulfillment would violate law, sanctions, carrier rules, or practical delivery restrictions.

10. Returns, Refunds, Cancellations, and Gift Cards

The Return and Refund Policy governs merchandise returns, replacements, defects, cancellations, and shipping claims and is incorporated into these Terms. Made-to-order, personalized, final-sale, used, hygienic, safety-sensitive, and certain Equipment items may be nonreturnable where disclosed and permitted by law. Non-waivable rights for defective or nonconforming goods remain unaffected.

Trip deposits and payments are governed by Section 14, the Dive Trip Cancellation Policy, and any trip-specific terms. Third-Party Provider commitments may become nonrecoverable before departure, and a Customer cancellation does not require the Company to advance funds that have not been recovered from those providers.

Gift cards and store credits are subject to the terms presented at purchase, are not redeemable for cash except where required by law, and may not be used for unlawful resale, fraud, or unauthorized commercial activity. Expiration and fee restrictions imposed by applicable law control.

Before initiating a chargeback, you agree to contact the Company and provide a reasonable opportunity to investigate, unless law gives you an immediate right to dispute. Nothing restricts lawful billing-error or consumer-protection rights. Fraudulent or abusive disputes may be contested, documented, and referred for collection or investigation where permitted.

11. Product Safety and Use

Customers must read and follow Product descriptions, labels, care instructions, warnings, recalls, age restrictions, and manufacturer instructions; inspect Products before use; stop using a damaged or unsafe Product; and select Products appropriate for the intended user and purpose. Product purchase is not instruction, certification, medical clearance, or professional advice.

11.1. Apparel, Clothing, and Fabric Products

Apparel and fabric Products may contain textiles, dyes, inks, pigments, printing compounds, adhesives, coatings, treatments, elastic, latex, metals, embroidery materials, or other components. Individual allergies and sensitivities vary. Customers with a known or suspected sensitivity must review available information, determine suitability before use, and discontinue use if irritation or another adverse reaction occurs.

To the fullest extent permitted by law, the Company is not responsible for irritation, allergic or sensitivity reactions, staining, discoloration, shrinkage, transfer, property damage, or other harm caused by an individual's sensitivity, improper care, alteration, ordinary wear, misuse, or failure to follow instructions or warnings. This provision does not exclude liability that cannot lawfully be waived or limited.

11.2. Scuba, Snorkeling, and Water-Sports Equipment

Customers are responsible for selecting Equipment appropriate for the user's body, activity, environment, certification, training, experience, and intended use and for ensuring proper fit, assembly, configuration, inspection, maintenance, storage, and servicing. Life-support and safety-critical Equipment must be serviced by a properly qualified or manufacturer-authorized technician at required intervals.

Equipment can malfunction or fail even when properly selected and maintained. No sale or provision of Equipment represents that a person is trained, certified, experienced, or medically fit to dive or participate in any water activity. Customers and users must obtain appropriate instruction, perform pre-use checks, follow manufacturer and training-agency requirements, and never use Equipment beyond its rated purpose or their qualifications.

To the fullest extent permitted by law, the Company is not responsible for injury, death, loss, or damage caused by improper selection, sizing, fit, assembly, configuration, maintenance, servicing, modification, contamination, storage, inspection, use beyond limits or qualifications, failure to follow instructions or warnings, or risks inherent in the activity. Non-waivable product-liability and consumer rights remain unaffected.

11.3. Drinkware, Accessories, Electronics, and General Merchandise

Customers must inspect, clean, maintain, charge, store, and use general merchandise according to its intended purpose and instructions. Unless expressly stated by the manufacturer or in the Product description, do not assume that an item is microwave-safe, dishwasher-safe, freezer-safe, oven-safe, heat-resistant, leak-proof, impact-resistant, waterproof, suitable for hot or carbonated liquids, food-safe for a particular substance, or rated for use in or around water.

Discontinue use of any cracked, broken, swollen, leaking, corroded, frayed, excessively worn, or otherwise unsafe item. To the fullest extent permitted by law, the Company is not responsible for burns, cuts, spills, leakage, battery incidents, electrical damage, breakage, staining, allergic reactions, property damage, or injury caused by misuse, improper care or charging, modification, ordinary wear, failure to inspect, failure to follow instructions, or use beyond the Product's stated purpose.

12. Services and Dive Activities

The Company's role varies by offering. It may act as a seller, host, guide, coordinator, trip leader, communicator, or facilitator, and it may itself provide certain Services. The applicable description and written terms identify what the Company is responsible for and what is supplied by a Third-Party Provider.

Unless expressly stated, Services do not include medical advice, medical diagnosis, legal advice, immigration advice, insurance advice, certification, guaranteed instruction, rescue services, or a guarantee of any specific outcome, skill level, wildlife encounter, visibility, water condition, dive site, itinerary, or number of completed dives.

12.1. Discover Local Diving and Guided Local Diving

Discover Local Diving and other guided local diving are recreational experiences, not guarantees of instruction, certification, supervision, or rescue beyond the scope expressly stated for the offering. Participants remain responsible for their own gas management, depth, time, buoyancy, navigation awareness, buddy procedures, equipment, personal limits, and decisions before, during, and after a dive.

Local sites may involve cold water, low visibility, current, surf, boat traffic, overhead hazards, entanglement, uneven entries, remote access, contamination, changing weather, and limited emergency resources. The Company or responsible dive professional may modify or cancel a site, route, depth, schedule, or activity and may require a refresher, checkout, additional supervision, or different Equipment based on conditions or a Participant's demonstrated readiness.

12.2. Introductory or Discovery Scuba Experiences

A non-certified person may participate only in a program expressly designed for non-certified participants and administered by a properly qualified professional or Third-Party Provider under the applicable training standards. An introductory experience is not a scuba certification unless the written program expressly says otherwise.

The Participant must complete all required medical screening, knowledge development, confined-water or skill preparation, supervision, releases, and operator requirements. The Company may deny or end participation when prerequisites are incomplete or when safety, comfort, conduct, or conditions warrant.

13. Participant Qualifications, Medical Fitness, and Conduct

Each Participant must possess and present the certification, training, experience, recency, and documentation required for the planned activity. A certification card establishes training history; it does not guarantee current competence, fitness, judgment, or readiness for particular conditions. The Company or provider may verify logs, require a refresher or checkout, limit depth or activities, or refuse participation.

Each Participant is solely responsible for determining medical and physical fitness to travel and dive, obtaining timely evaluation and written clearance from an appropriate licensed physician when indicated or required, and answering medical forms honestly and completely. The Company does not diagnose conditions or determine medical fitness. Pregnancy, recent illness or surgery, prescription or nonprescription medications, respiratory or cardiac conditions, ear or sinus problems, neurological conditions, alcohol, drugs, fatigue, dehydration, anxiety, and other factors can affect safety.

Participants must follow applicable law, training standards, briefings, boat and site rules, and reasonable safety instructions; use the buddy system where required; monitor their own condition and gas; remain within personal and certification limits; and immediately end or decline any activity they believe is unsafe or beyond their ability. No Participant may take part while impaired or behave in a threatening, reckless, harassing, or materially disruptive manner.

The Company and responsible Third-Party Providers may deny, restrict, modify, or end participation for missing documentation, inadequate skill or fitness, unsafe conduct, impairment, refusal to follow instructions, conditions, or other reasonable safety concerns. Refunds, if any, remain subject to the applicable Policy and nonrecoverable costs.

14. Dive Trips, Bookings, Payments, and Cancellations

A Trip may require a deposit, installment payments, final-payment deadline, passenger information, certification records, waivers, medical documentation, rooming selection, travel documents, or other prerequisites. Space is not secured until the Company accepts the Booking and receives the required payment. Failure to meet a deadline may be treated as a Customer cancellation after reasonable notice where practicable.

Trip prices may depend on occupancy, exchange rates, taxes, fuel, marine-park fees, provider rates, or group arrangements. The Company may make reasonable substitutions to accommodations, operators, transportation, schedules, sites, or included activities when circumstances require, provided the overall offering is not materially reduced without an appropriate remedy required by the applicable terms or law.

The Company does not guarantee weather, visibility, marine life, water conditions, transportation schedules, border processing, operator schedules, specific dive sites, or completion of every planned activity. Safety decisions by captains, instructors, divemasters, guides, governmental authorities, or other responsible personnel control at the time of the activity.

Any advertised "Trip Guarantee" or similar commitment means only that the Company does not intend to cancel solely because a stated minimum group size is not reached. It remains subject to participant eligibility, required payments, Third-Party Provider performance and availability, safety decisions, law, and Section 28 (Force Majeure). It is not an unconditional promise that travel or every activity will occur.

If the Company cancels a Trip for reasons within its reasonable control, the Company's responsibility is limited to the remedy stated in the trip-specific terms and mandatory law. If a Trip is changed or canceled because of a Third-Party Provider or Force Majeure event, refunds or credits may be limited to amounts the Company actually recovers after nonrecoverable commitments. The Company is not responsible for separately purchased airfare, lodging, visas, Equipment, insurance, lost wages, or other personal expenses except where law requires otherwise.

15. Dive Accident, Travel, and Medical Insurance

The Company strongly recommends that every Participant obtain and continuously maintain individual dive accident insurance appropriate for the planned activities and destinations. The Company specifically recommends considering dive accident insurance offered through Divers Alert Network (DAN) or comparable coverage from another reputable provider.

DAN membership benefits and DAN dive accident insurance are separate. Membership may be a prerequisite to purchase insurance, but membership alone should not be treated as insurance for the medical costs of a dive accident. Plans, eligibility, exclusions, limits, geographic availability, and purchase requirements vary and may change. Each Participant must review the current policy documents and obtain coverage suitable for that Participant.

Participants are also strongly encouraged to maintain primary medical insurance and travel insurance, including coverage where available for emergency and hyperbaric treatment, medical evacuation, repatriation, trip cancellation or interruption, delay, lost or delayed baggage, and activities or destinations that ordinary policies may exclude.

Unless expressly stated in a separate written instrument, the Company does not sell, underwrite, issue, administer, guarantee, or provide insurance and does not provide individual dive accident, travel, health, or medical coverage. A recommendation or affiliate link is not insurance advice or a representation that a policy will cover a claim. Each Participant is responsible for premiums, deductibles, exclusions, limits, claims, and uninsured expenses.

16. Third-Party Providers

The Company may select, recommend, communicate with, pay, collect money for, reserve, or coordinate Third-Party Providers. Unless the Company expressly states otherwise in a signed writing, each Third-Party Provider is an independent entity and not the Company's employee, partner, joint venturer, or agent, and the Company does not control that provider's personnel, premises, vessels, vehicles, Equipment, maintenance, schedules, policies, safety decisions, or day-to-day operations.

Third-Party Providers may impose their own contracts, waivers, medical forms, payment and cancellation rules, baggage limits, insurance requirements, and safety procedures. Customers and Participants must review and comply with them. The Company's inclusion, recommendation, or coordination of a provider does not guarantee the provider's availability, solvency, licensure, performance, or absence of negligence.

To the fullest extent permitted by law, the Company is not liable for a Third-Party Provider's acts, omissions, negligence, insolvency, cancellations, schedule changes, denial of service, loss, injury, or property damage. The Company remains responsible for its own obligations to the extent liability cannot lawfully be excluded. Third-Party Providers are intended beneficiaries of provisions that expressly release or protect them.

17. International Travel and Foreign Jurisdictions

International Customers and Participants are subject to the laws, regulations, governmental authority, entry and exit rules, customs, safety requirements, and legal systems of each country, territory, and locality involved in the transaction or activity. Each traveler is responsible for passports, visas, permits, consent documents, vaccinations or testing required by authorities, and compliance with restrictions affecting travel or participation.

Foreign medical care, emergency response, hyperbaric facilities, transportation, safety standards, consumer protections, and legal remedies may differ from those in the United States. Delays, detention, denial of entry, confiscation, crime, political events, currency controls, and governmental actions are risks of international travel.

A claim involving a foreign operator, hotel, carrier, governmental authority, or other independent foreign entity may be governed by foreign law, the provider's contract, a foreign court, or a separate dispute-resolution requirement imposed by that provider or jurisdiction. The Company assumes no responsibility for interpreting or enforcing foreign law or for the acts or omissions of foreign authorities or independent providers. Claims directly against the Company remain subject to Sections 29 and 30 to the fullest extent enforceable, without displacing mandatory foreign or consumer law that must apply.

18. Assumption of Risk for Dive Activities and Travel

Risks include, without limitation: decompression illness; arterial gas embolism; barotrauma; drowning; aspiration; oxygen toxicity; nitrogen narcosis; hypoxia; hypercapnia; panic; exhaustion; entanglement; entrapment; overhead environments; separation from a buddy, group, boat, or guide; running out of breathing gas; buoyancy or equalization problems; rapid ascent or descent; marine-life contact; contaminated water; currents, waves, surge, surf, tides, depth, pressure, darkness, low visibility, cold, heat, weather, lightning, uneven terrain, slips and falls, shore and boat entries or exits; vessel, vehicle, or aircraft incidents; Equipment malfunction or failure; errors by Participants or providers; delayed rescue, evacuation, diagnosis, or treatment; remote or limited medical resources; communicable illness; crime; civil unrest; and other known or unknown hazards.

Conditions can change without warning, and no briefing, guide, professional, buddy, plan, or Equipment can eliminate all risk. Emergency assistance, oxygen, evacuation, hyperbaric treatment, and communication may be delayed or unavailable, especially at remote or foreign locations.

By choosing to participate, each Participant knowingly and voluntarily accepts and assumes all inherent, ordinary, known, unknown, foreseeable, and unforeseeable risks of the activity, travel, and related preparation, including risks arising from the Participant's own decisions or condition and the conduct of other participants or independent Third-Party Providers.

19. Release of Liability, Covenant Not to Sue, and Hold Harmless

In consideration for being permitted to book, attend, travel with, observe, or participate in a Trip, Service, event, or Dive Activity, the Participant, for the Participant and the Participant's estate, heirs, personal representatives, and assigns, releases, waives, discharges, covenants not to sue, and agrees to hold harmless the Company Parties (collectively, the "Released Parties") from claims, demands, causes of action, damages, losses, liabilities, costs, or expenses arising out of or relating to participation, travel, Equipment use, or an emergency.

This release includes claims arising from inherent risks and from the ordinary negligence of one or more Released Parties, including ordinary negligence in planning, organizing, selecting or coordinating providers, communicating information, inspecting or supplying Equipment, guiding, instruction or supervision within the stated scope, transportation coordination, emergency response, or failure to warn. It also includes claims against the Company based solely on the acts or omissions of independent Third-Party Providers, to the extent permitted by law.

This Section is intended to be as broad and inclusive as applicable law permits but does not release or limit liability for gross negligence, recklessness, intentional misconduct, fraudulent conduct, or any other liability that cannot lawfully be released. If a particular portion is unenforceable, it will be narrowed only to the minimum extent necessary, and the remaining release will continue in effect.

20. Separate Participant Agreements and Waivers

These Terms provide a general contractual framework and do not replace a separate, activity-specific participant agreement, assumption-of-risk form, medical statement, equipment-rental agreement, photo authorization, or liability waiver. The Company and Third-Party Providers may require additional signed documents before any activity.

A Participant who refuses or fails to complete a required document may not participate. Any refund or credit is governed by the applicable cancellation terms and nonrecoverable commitments. A trip- or activity-specific agreement controls over these Terms only as to the subject it addresses and only to the extent it expressly states a different rule; all nonconflicting provisions remain effective.

No one may sign a release or medical statement for another adult without legally sufficient authority. Parents and guardians must complete all documents required for minors, subject to applicable law.

21. Accuracy of Information, Third-Party Links, and Affiliate Relationships

We attempt to keep Product, pricing, availability, itinerary, certification, safety, and other information accurate, but errors, omissions, outdated information, and technical issues may occur. We may correct errors and update information before acceptance, and we will provide any remedy required by law for a material post-acceptance error.

The Site may link to Third-Party Providers, including travel, insurance, safety, environmental, payment, social-media, and retail sites. Those sites have independent terms and privacy practices. A link or referral is not a guarantee or adoption of third-party content, and you use third-party sites at your own discretion.

The Company may have referral, affiliate, ambassador, wholesale, or other commercial relationships and may receive compensation or benefits when a Customer uses a link or code. We will make disclosures required by law. Compensation does not change the Customer's responsibility to evaluate a provider, Product, or insurance policy.

22. Intellectual Property

The names Neptune's Vanguard™, Neptune's Vanguard Born of the Deep™, Company logos, branding, slogans, artwork, graphics, photographs, videos, Site content, product designs, layouts, downloadable materials, training materials, and other intellectual property are owned by or licensed to the Company and are protected by applicable trademark, copyright, trade-dress, and other laws. Use of the ™ symbol, or absence of a symbol, does not waive any rights.

Nothing in these Terms grants a license or permission to copy, reproduce, modify, translate, distribute, create derivative works from, sell, display, publish, scrape, train a model on, or commercially exploit Company intellectual property except as expressly authorized in writing or permitted by law. You may make a reasonable personal copy of these Terms and transaction records.

Third-party names, marks, images, and content remain the property of their respective owners. Reference to a Third-Party Provider does not grant permission to use its intellectual property or imply sponsorship beyond an expressly disclosed relationship.

23. User Content, Reviews, and Submitted Materials

If you submit a review, photograph, video, comment, design, name, logo, trademark, text, artwork, or other material ("Submitted Material"), you represent that you own it or have all rights, permissions, and releases needed for the requested use and that it does not violate law or another person's rights.

For custom production, you grant the Company and its fulfillment providers a nonexclusive, worldwide, royalty-free license to reproduce, adapt as technically necessary, transmit, display internally, and use the Submitted Material solely to quote, proof, produce, fulfill, support, and document the order. The Company may retain reasonable archival copies for legal, accounting, quality, and fraud-prevention purposes.

For reviews or content you intentionally submit for public display, you grant the Company a nonexclusive, worldwide, royalty-free, transferable and sublicensable license to host, reproduce, format, publish, display, and distribute that content in connection with the Company's business, subject to applicable privacy and publicity law. This provision is not a blanket photo release for Trip or Dive Activity images; any participant publicity authorization must be separately presented where required.

We may decline, remove, or stop using Submitted Material that we reasonably believe is unlawful, infringing, unsafe, deceptive, abusive, or inconsistent with our standards. Do not submit confidential information unless a separate written agreement protects it.

24. Privacy and Communications

The Privacy Policy describes how the Company collects, uses, discloses, and retains personal information and is incorporated into these Terms. Shopify, payment processors, analytics providers, fulfillment partners, travel providers, and other Third-Party Providers may process information under their own terms and privacy notices.

Transactional emails, texts, and calls may be used to administer orders, Bookings, safety matters, schedule changes, payment issues, or customer support. Marketing email or SMS messages require the consent applicable to that channel and may be stopped using the stated unsubscribe method. Consent to marketing texts is not a condition of purchase, and message and data rates may apply.

No electronic system is completely secure or continuously available. We use reasonable measures appropriate to the business, but we do not guarantee that the Site or communications will be uninterrupted, error-free, or immune from unauthorized access. Non-waivable rights and duties concerning security incidents remain unaffected.

25. Disclaimer of Warranties

The Company does not warrant that Products will meet subjective preferences; that a Service or Trip will produce a particular result; that weather, visibility, wildlife, transportation, providers, or Site access will meet expectations; or that defects or interruptions will always be corrected. Manufacturer warranties, if any, are provided by the manufacturer under its terms.

Some jurisdictions do not allow certain warranty exclusions. In those jurisdictions, the exclusions apply only to the maximum extent permitted, and any legally required warranty is limited to the shortest duration law permits.

26. Limitation of Liability

To the fullest extent permitted by law, the aggregate liability of the Company Parties arising from a specific Product, Service, Booking, Trip, or transaction will not exceed the amount actually paid to the Company for that specific Product, Service, Booking, Trip, or transaction. For a claim based solely on free Site access, aggregate liability will not exceed one hundred U.S. dollars (US $100).

These exclusions and caps do not apply to liability for gross negligence, recklessness, intentional misconduct, fraud, death or personal injury to the extent applicable law prohibits limitation, a valid express written warranty, or any other liability that cannot lawfully be excluded or capped. They apply only after giving effect to Sections 18 through 20 and are cumulative, not duplicative.

Each limitation is an essential basis of the bargain and applies to the Company Parties individually and collectively. If a remedy fails of its essential purpose, the remaining lawful limitations continue to apply.

27. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless the Company Parties from third-party claims, demands, proceedings, damages, judgments, settlements, penalties, losses, and reasonable legal fees and costs arising from: your material breach of these Terms or a Policy; your unlawful, fraudulent, reckless, or willful conduct; your unsafe conduct that causes injury or property damage; your misuse of a Product, Site, Service, or Equipment; or Submitted Material that infringes or violates another person's rights.

This Section does not require a consumer to indemnify a Company Party for that Company Party's own gross negligence, recklessness, intentional misconduct, or other liability that cannot be shifted by law. The Company may control the defense with counsel of its choice, and you may participate at your expense. You may not settle a covered claim in a way that admits fault by or imposes an obligation on a Company Party without written consent.

28. Force Majeure

The Company is not liable for delay, modification, interruption, or failure to perform caused by circumstances beyond its reasonable control, including severe weather, hurricanes, floods, fire, marine or environmental conditions, public-health emergencies, epidemics, quarantine, governmental orders, border restrictions, war, terrorism, civil unrest, crime, strikes, labor or supply shortages, carrier or utility failures, cyberattacks, fuel shortages, equipment or vessel failures, airport or port closure, dive-site or marine-park closure, provider insolvency or cancellation, or natural disaster (each, a "Force Majeure Event").

During a Force Majeure Event, the Company may suspend performance, change providers or itineraries, reschedule, offer a credit, or cancel the affected portion. Any refund is limited to amounts required by law or the applicable written Policy and may be reduced by nonrecoverable Third-Party Provider commitments. The Company will use commercially reasonable efforts to communicate material changes and mitigate within its role, but it is not required to assume personal expenses or risks created by the event.

29. Dispute Resolution; Informal Resolution; Court Proceedings

29.1. Covered Disputes

A "Dispute" means any claim, controversy, or dispute between you and a Company Party arising out of or relating to the Site, communications, a Product, Service, Booking, Trip, Dive Activity, Policy, payment obligation, invoice, past-due balance, these Terms, or the relationship between the parties, whether based in contract, tort, statute, fraud, misrepresentation, or another legal theory and whether arising before or after termination.

29.2. Informal Dispute Notice

Before starting a court proceeding, the claimant must send a personalized written notice describing the claimant's name and contact information, the relevant order, invoice, Booking, transaction, or account, the facts and legal basis of the Dispute, supporting documents reasonably available, and the requested relief. Notices to the Company must be sent to support@neptunesvanguard.com and Neptune's Vanguard LLC, P.O. Box 222, Northampton, Pennsylvania 18067. The Company will send notice to the most recent email address, mailing address, or other contact information provided by the claimant or maintained in connection with the applicable transaction.

The parties will attempt in good faith to resolve the Dispute for thirty (30) days after receipt of the notice. Any applicable limitations period will be tolled during that thirty-day period to the extent permitted by applicable law. This requirement does not prevent either party from seeking urgent temporary or preliminary relief necessary to preserve rights, protect property, preserve evidence, protect account security, or prevent immediate irreparable harm.

29.3. Court Proceedings and Small Claims

If a Dispute is not resolved during the applicable informal-resolution period, either party may bring the Dispute in a court having lawful subject-matter jurisdiction and personal jurisdiction, subject to Section 30 and any jurisdictional or venue right that applicable law does not permit the parties to waive.

An eligible civil claim may be brought in a Pennsylvania Magisterial District Court or another small-claims or civil court having lawful jurisdiction. Nothing in these Terms requires either party to file in a court that lacks subject-matter, personal, territorial, or other legally required jurisdiction.

For an unpaid or past-due balance, the Company may seek recovery of the unpaid amount and any filing fees, service costs, court costs, interest, or other amounts recoverable under applicable law, expressly authorized by a separate written agreement, or awarded by the court.

Nothing in these Terms prevents either party from seeking temporary or preliminary injunctive or equitable relief when reasonably necessary to protect intellectual property, confidential information, account security, personal safety, property, evidence, or against imminent unlawful conduct.

29.4. Attorneys' Fees and Costs

Except where a statute, court order, valid indemnification obligation, separate written agreement, or other applicable law provides otherwise, each party will bear its own attorneys' fees and litigation expenses.

Court filing fees, service costs, taxable costs, and other recoverable litigation expenses will be allocated as provided by applicable law or court order. Nothing in these Terms creates an automatic right to recover attorneys' fees or collection expenses where such recovery is not otherwise permitted by law or contract.

30. Governing Law; Jurisdiction and Venue

Except for federal law and mandatory law that cannot be displaced, these Terms and any Dispute are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-law rules.

For a court proceeding arising from or relating to these Terms, the parties consent to personal jurisdiction and venue in the state courts located in Northampton County, Pennsylvania, or, when federal subject-matter jurisdiction exists, the United States District Court for the Eastern District of Pennsylvania. An eligible small-claims action may be filed in a court with lawful jurisdiction, and a consumer retains any jurisdiction or venue right that applicable law does not permit the parties to waive.

This Section does not override the foreign-law and foreign-provider provisions in Section 17 or mandatory consumer protections that apply based on a Customer's residence or transaction.

31. Contractual Time Limit for Customer and Participant Claims

The informal-resolution period in Section 29 tolls this contractual deadline to the extent permitted by applicable law. Nothing in this Section shortens a statutory period that applicable law does not permit the parties to modify.

This contractual limitation applies only to claims asserted against the Company or a Company Party. It does not shorten any period available to the Company under applicable law to recover an unpaid balance, enforce a payment obligation, collect an amount due under an order, invoice, Booking, installment schedule, contract, or other written agreement, contest or respond to a chargeback, or enforce another right arising from a Customer's failure to pay amounts lawfully owed.

32. Changes to These Terms

We may revise these Terms prospectively to reflect changes in law, Products, Services, providers, technology, or business operations. The posted "Last Updated" date identifies the current version. Material changes apply when posted or on a later stated date and, where required, after reasonable notice.

Changes do not retroactively alter a completed transaction or an existing Dispute without the parties' agreement, except where law requires. Continued use after the effective date constitutes acceptance only to the extent enforceable.

33. General Terms

33.1. Entire Agreement; Incorporated Policies; Order of Precedence

These Terms, the incorporated Policies, accepted order or Booking details, and any applicable participant or trip-specific agreement form the entire agreement concerning their subject matter and supersede prior or contemporaneous statements. An authorized signed writing may modify them. If documents conflict, a signed participant or trip-specific agreement controls for its specific subject; accepted order details control for price and scope; then these Terms; then the general Policies, unless mandatory law requires otherwise.

33.2. Severability and Reformation

If a provision is invalid or unenforceable, it will be enforced to the maximum lawful extent or narrowed to the minimum necessary, and the remainder will continue in effect.

33.3. No Waiver; Cumulative Remedies

A delay or failure to enforce a provision is not a waiver. A waiver must be in a signed writing and applies only to the stated instance. Rights and remedies are cumulative unless these Terms expressly say otherwise.

33.4. Assignment; Successors

You may not assign or transfer these Terms, an order, or a Booking without the Company's prior written consent, except a Trip transfer expressly approved under Section 14. The Company may assign these Terms in connection with a merger, reorganization, financing, sale of assets, or transfer of the relevant business, subject to applicable law. These Terms bind permitted successors and assigns.

33.5. Independent Parties; No Third-Party Beneficiaries

The parties are independent contracting parties. These Terms do not create employment, agency, partnership, fiduciary duty, or joint venture. Except for Company Parties and Third-Party Providers expressly protected by a provision, there are no third-party beneficiaries.

33.6. Survival

Provisions that by their nature should survive termination or completion will survive, including payment obligations, intellectual-property rights, risk allocation, releases, warranty disclaimers, liability limits, indemnification, dispute resolution, governing law, claim limits, and general interpretation provisions.

33.7. Interpretation and Headings

Headings are for convenience and do not limit meaning. "Including" means "including without limitation." The singular includes the plural where context requires. These Terms will be interpreted fairly according to their language and not automatically against the drafter. An electronic copy is an original for all purposes.

33.8. Compliance with Law and Trade Restrictions

You must comply with applicable sanctions, export controls, customs, anti-bribery, consumer, safety, and travel laws. You may not purchase, export, reexport, transfer, or use a Product or Service in violation of United States law or the law of the relevant destination.

34. Contact Information

Questions, legal notices, privacy requests, and support requests may be directed to: