Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the www.divealohascuba.com website (the “Service) operated by Aloha Scuba Diving Company, LLC (“us”,”we”, or “our”). The terms “we”, “us”, “our” and “Divealohascuba.com” refer to Dive Aloha Scuba Company, LLC, a Hawai‘i company, and/or our affiliates, parent company, and subsidiaries. The term “you” refers to the customer visiting the Website and/or contributing content on this Website.

This Website and the Products made available on this Website are offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this Website in any manner, you agree to be bound by the Agreement and represent that you have read and understood its terms. Please read the Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you do not accept all of these terms and conditions, please do not use this Website or book a Product. In all booking arrangements, the person making the booking shall be deemed to have accepted this Agreement on behalf of the persons named in the booking.

We may change or otherwise modify the Agreement in the future, and you understand and agree that your continued access or use of this Website after such change signifies your acceptance of the updated or modified Agreement. We will note the date that revisions were last made to the Agreement at the top of this page, and any revisions will take effect upon posting. We will notify our members of material changes to these terms and conditions by either sending a notice to the email address provided to us at registration or by placing a notice on our Website. Be sure to return to this page periodically to review the most current version of the Agreement.

By using this website, you accept these terms and conditions in full. If you disagree with any part of these terms and conditions, you must not use this website.

License to use website
As a condition of your use of this Website, you warrant that (i) all information supplied by you on this Website is true, accurate, current and complete.

Your use of this Website is intended for personal, noncommercial use and/or to make legitimate requests to book the Products offered. You agree not to use this Website to make any speculative, false or fraudulent requests.

You further represent and warrant that you

(a) have not previously been suspended by Aloha Scuba Diving Company or otherwise banned from using the Website;

(b) are not a direct competitor of Aloha Scuba Diving Company; and

(c) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party.

We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

In accessing or using the Website, you may be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. Divealohascuba.com does not endorse such content, and cannot vouch for its accuracy. You therefore access and use the Website at your own risk.

Unless otherwise stated, Divealohascuba.com and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. You must not:

● republish material from this website (including republication on another website);

● sell, rent or sub-license material from the website;

● show any material from the website in public;

● reproduce, duplicate, copy or otherwise exploit material on this website;

● edit or otherwise modify any material on the website;

● redistribute material from this website except for content specifically and expressly made available for redistribution.

Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without our express written consent. You must not use this website to transmit or send unsolicited commercial communications.

Aloha Scuba Diving Company retains the final right to make decisions on any returns based on factors that would be considered "reasonable" within the industry.

Cancellation: Unused training is non-refundable once purchased due to consumable goods such as but not limited to PADI e-leanring codes, instructor time for the class, commitment to operators, etc. As the sole discretion of Aloha Scuba Diving Company, any unused training minus any open or non-refundable goods or services may be converted to store credit.

Customers will receive a full refund or credit within 48 hours notice of cancellation. If an availability is cancelled credit will be made in the form of a rain-check. A rain-check is often issued because there is bad weather and due to safety concerns the boat will not be able to go out. Often times this happens the day of or when the boat is heading out to the dive location, so please be aware of this! Contact us by phone to cancel or inquire about a cancellation. No-shows will be charged the full price. All sales are final.

Trip modifications:
Aloha Scuba Diving Company and the trip sponsors reserve the right to modify the trip program and/or change the price for any reason. In the event of a price change, the applicant shall have the right to cancel with a full refund.

Prices listed on the Website are per person, unless otherwise specified.

Prices are based on the local tariff at the time of quoting, converted at the prevailing foreign-exchange rate as determined by the credit card processor.

Price quotations are subject to change without notice, until a booking has been confirmed.

Unless otherwise specified, prices do not include any local taxes or other related use-fees unless specified.

Prices do not include tips/gratuities the boat crew, personal insurance; any items of a personal nature; taxes or duties.

You hereby affirm I am voluntarily engaging in the recreational activities planned for my trip which activities may include, but are not limited to, scuba diving, snorkeling, and boating. If I engage in scuba diving, I affirm that I am a certified diver or a student diver under the control and supervision of a certified scuba instructor, and that I am aware that skin and scuba diving have inherent risks which may result in serious injury or death. I certify that I am fully aware of and expressly assume all risks involved in scuba diving, snorkeling, boating and other activities in which I choose to participate. I understand and agree that neither Aloha Scuba Diving Company LLC, nor PADI Americas, Inc., nor its affiliate or subsidiary corporations, nor any of their respective employees, officers, agents, contractors or assigns (hereinafter referred to as “Released Parties,”) may be held liable or responsible in any way for any occurrence on this trip which may result in personal injury, property damage or wrongful death or other damages to me, my family, estate, heirs or assigns that may occur as a result of my participation in this trip or as a result of the negligence of any party, including the Released Parties, whether passive or active. I further state that I am of lawful age and legally competent to sign this Liability Release 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 this 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 is found to be unenforceable or invalid, that provision shall be severed from this agreement. The remainder of this agreement will then be construed as though the unenforceable provision had never been contained herein. 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 I have the authority to do so and that my heirs, assigns, and beneficiaries will be estopped from claiming otherwise because of my representations to the Released Parties. I HAVE FULLY INFORMED MYSELF AND MY HEIRS OF THE CONTENTS OF THIS NON-AGENCY DISCLOSURE AND ACKNOWLEDGEMENT AGREEMENT AND LIABILITY RELEASE AND ASSUMPTION OF RISK AGREEMENT BY READING BOTH BEFORE SIGNING BELOW ON BEHALF OF MYSELF AND MY HEIRS.

I, hereby affirm that I am aware that skin and scuba diving have inherent risks which may result in serious injury or death. I understand that diving with compressed air involves certain inherent risks; including but not limited to decompression sickness, embolism or other hyperbaric/air expansion injury that require treatment in a recompression chamber. 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 my instructor(s), Aloha Scuba Diving Company, the facility through which I receive my instruction, nor PADI Americas, Inc., nor its af liate and subsidiary corporations, nor any of their respective employees, of cers, agents, contractors or assigns (hereinafter referred to as “Released Parties”) may be held liable or responsible in any way for any injury, death or other damages to me, my family, estate, heirs or assigns that may occur as a result of my participation in this diving program or as a result of the negligence of any party, including the Released Parties, whether passive or active. In consideration of being allowed to participate in this course (and optional Adventure Dive), hereinafter referred to as “program,” I hereby personally assume all risks of this program, whether foreseen or unforeseen, that may befall me while I am a participant in this program including, but not limited to, the academics, con ned water and/or open water activities. I further release, exempt and hold harmless said program and Released Parties from any claim or lawsuit by me, my family, estate, heirs or assigns, arising out of my enrollment and participation in this program including both claims arising during the program or after I receive my certification. I also understand that skin diving and scuba diving are physically strenuous activities and that I will be exerting myself during this program, and that if I am injured as a result of heart attack, panic, hyperventilation, drowning or any other cause, that I expressly as- sume the risk of said injuries and that I will not hold the Released Parties responsible for the same. I further state that I am of lawful age and legally competent to sign this liability release, or that I have acquired 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 this 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 Agree- ment is found to be unenforceable or invalid, that provision shall be severed from this Agreement. The remainder of this Agreement will then be construed as though the unenforceable provision had never been contained herein. 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 bene - ciaries may have to sue the Released Parties resulting from my death. I further represent I have the authority to do so and that my heirs, assigns, or bene ciaries will be estopped from claiming otherwise because of my representations to the Released Parties. I AGREE TO EXEMPT AND RELEASE MY INSTRUCTORS, ALOHA SCUBA DIVING COMPANY, THE FACILITY THROUGH WHICH I RECEIVE MY INSTRUCTION, AND PADI AMERICAS, INC., AND ALL RELATED ENTITIES AS DEFINED ABOVE, FROM ALL LIABILITY OR RESPONSIBILITY WHATSOEVER FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH HOWEVER CAUSED, INCLUDING, BUT NOT LIMITED TO, 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 LIABILITY RELEASE AND ASSUMPTION OF RISK AGREEMENT BY READING BOTH BEFORE SIGNING BELOW ON BEHALF OF MYSELF AND MY HEIRS.

It is highly recommended that you review and have dive accident and trip insurance for your own protection to cover the additional costs of such incidents that are normally covered by other medical and personal insurance policies you may or may not currently have. Two options in the industry are Divers Alert Network, http://diversalertnetwork.org and Dive Assure, https://diveassure.com/en/home/ and recommend you find a plan that meets your needs.