Welcome to the Ocean Adventures Punta Cana web site (the “Web Site”). Please read our Terms of Use (the “Terms”) carefully before continuing on with your use of this Web Site. THIS WEBSITE AND INFORMATION ON IT IS CONTROLLED BY OCEAN ADVENTURES PUNTA CANA IN THE DOMINICAN REPUBLIC, PLEASE SEE OUR WEBSITE PRIVACY POLICY FOR FURTHER INFORMATION. These Terms shall govern the use of the Web Site and apply to all Internet traffic visiting the Web Site. By accessing or using this Web Site, you agree to the Terms. THESE TERMS INCLUDE LIMITATIONS ON YOUR RIGHT TO SUE.

The Terms are meant to protect all of our Web Site visitors and your use of this Web Site signifies your agreement with these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS WEB SITE. Ocean Adventures Punta Cana reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting. By using this Web Site after we have posted notice of such modifications, alterations or updates you agree to be bound by such revised Terms.

In accordance with our goals, this Web Site will provide links to many other web sites, that may or may not be affiliated with this Web Site and/or Ocean Adventures Punta Cana, and that may have terms of use that differ from, or contain terms in addition to, the terms specified here. Your access to such web sites through links provided on this Web Site is governed by the terms of use and policies of those sites, not this Web Site.

PRIVACY

Registration data and certain other information about you is subject to our Privacy Policy. For more information, please review our full Privacy Policy.

TRADEMARKS, COPYRIGHTS AND RESTRICTIONS

This Web Site is controlled and operated by Ocean Adventures Punta Cana S.R.L., Calle Mare 1, Los Corales, Bavaro, Dominican Republic. All content on this Web Site, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by Ocean Adventures Punta Cana or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively “Providers”) that have licensed their content or the right to market their products and/or services to Ocean Adventures Punta Cana. Content on this Web Site or any web site owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use. You may print a copy of the content and/or information contained herein for your personal, non-commercial use only, but you may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the content or information in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of Ocean Adventures Punta Cana or the Providers. You may request consent by email a request to Ocean Adventures Punta Cana at “web-reservation@oceanadventures-puntacana.com”. Without the prior written consent of Ocean Adventures Punta Cana or the Providers, your modification of the content, use of the content on any other web site or networked computer environment, or use of the content for any purpose other than personal, non-commercial use, violates the rights of the owners of the Ocean Adventures Punta Cana Web Site and/or the Provider copyrights, trademarks or service marks and other proprietary rights, and is prohibited. As a condition to your use of this Web Site, you warrant to Ocean Adventures Punta Cana that you will not use our Web Site for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. If you violate any of these Terms, in addition to any other remedies Ocean Adventures Punta Cana or its Providers may have, your permission to use our Web Site immediately terminates without the necessity of any notice. Ocean Adventures Punta Cana retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms. You may not use on your web site any trademarks, service marks or copyrighted materials appearing on this Web Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another web site any of the content or other materials on this Web Site without prior written consent of Ocean Adventures Punta Cana.

LINKS

This Web Site may contain links to other web sites (“Linked Sites”). The Linked Sites are provided for your convenience and information only and, as such, you access them at your own risk. The content of any Linked Sites is not under Ocean Adventures Punta Cana’s control, and Ocean Adventures Punta Cana is not responsible for, and does not endorse, such content, whether or not Ocean Adventures Punta Cana is affiliated with the owners of such Linked Sites. You may not establish a hyperlink to this Web Site that states or imply any sponsorship or endorsement of your web site by Ocean Adventures Punta Cana, or its affiliates or Providers.

DISCLAIMER OF WARRANTIES AND LIABILITY

ALL CONTENT ON THIS WEB SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE DOMINICAN LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, OCEAN ADVENTURES PUNTA CANA DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER OCEAN ADVENTURES PUNTA CANA, ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. OCEAN ADVENTURES PUNTA CANA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE. YOU AGREE THAT WE MAY CHANGE OR DISCONTINUE THE SERVICES IN OUR SOLE DISCRETION AND WITH NO PRIOR NOTICE TO YOU.

YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. YOU (AND NOT OCEAN ADVENTURES PUNTA CANA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER OCEAN ADVENTURES PUNTA CANA, NOR ITS AFFILIATED OR RELATED ENTITIES (INCLUDING ITS PROVIDERS), NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEB SITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OCEAN ADVENTURES PUNTA CANA AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT OCEAN ADVENTURES PUNTA CANA IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, OCEAN ADVENTURES PUNTA CANA’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

INDEMNIFICATION

You are fully responsible for how you use this Web Site. You may not share your log-in information with anyone else, but if you do you are fully responsible for how they use the Web Site too. You agree to indemnify, defend, and hold harmless Ocean Adventures Punta Cana and the Providers, its and their officers, directors, employees, service providers, vendors, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms.

STANDARD OF CARE

You agree that our sole obligation to you is to provide the Web Site as-is. You agree that unless we do something that is grossly negligent or an act of willful misconduct in connection with the Web Site, we will not be liable to you or to any third party.

THIRD PARTY RIGHTS

These Terms are for the benefit of Ocean Adventures Punta Cana and its Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.

JURISDICTIONAL ISSUES

Unless otherwise specified, the content contained in this Web Site is presented solely for your convenience and/or information. This Web Site is controlled and operated by Ocean Adventures Punta Cana from its offices within Calle Mare 1, Los Corales, Bavaro, Dominican Republic. Ocean Adventures Punta Cana makes no representation that content in its Web Site is appropriate or available for use in other locations. Those who choose to access this Web Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export the materials in this Web Site in violation of Dominican Republic export laws and regulations. These Terms shall be governed by, construed and enforced in accordance with the laws of the Dominican Republic.

DISPUTE RESOLUTION — VENUE

You agree to be subject to the jurisdiction of Dominican Republic. You agree that any dispute between you and us to enforce these Terms, or in connection with any matters related to this Web Site, will be resolved in Dominican Republic to the exclusion of any other potential venue.

DISPUTE RESOLUTION – ARBITRATION, NO CLASS ACTIONS

You agree that you will only sue us as an individual. You agree that you will not file a class action against Ocean Adventures Punta Cana or its Providers, or participate in a class action against Ocean Adventures Punta Cana or its Providers. You and we agree that any dispute between you and Ocean Adventures Punta Cana or its Providers arising under or related to these Terms or this Web Site can only be brought in binding individual arbitration to be administered by any national arbitration company.

SEVERANCE OF INVALID TERMS

If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Notwithstanding anything to the contrary, if the class action waiver of these Terms is deemed unenforceable, the agreement of the parties to engage in arbitration shall likewise be deemed stricken.

CANCELLATION POLICY

Reservations that are canceled at least 72 hours before performing the excursion will not be charged to the customer.

Reservations canceled for medical reasons, upon presentation of documentation so confirm that, will not be charged to the customer.

In cases of force majeure, such as riots, storms, earthquake, tsunami and / or any other cause that prevents the development of the activity, we will offer alternative days to do it. In case of non-acceptance by the customer, we will refund the amount paid.

For reservations which are made on firm and the client does not present to the same, 100% of the value of the excursion will be charged.

ENTIRE AGREEMENT

The provisions and conditions of these Terms, and each obligation referenced herein, represent the entire Agreement between Ocean Adventures Punta Cana, its affiliated or related entities, and you, and supersede any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between these Terms and any future published terms of use or understanding, the last published Terms or terms of use or understanding shall prevail.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY OCEAN ADVENTURES PUNTA CANA, S.R.L.