CYBERDIVE

Terms of Use
Effective date: March 3, 2025

Welcome to the Cyber Dive website, which is operated by Cyber Dive Corp. (“Cyber Dive,” “we,” “us” or “our”). Please read these Terms of Use (“Website Terms”) carefully, as they describe the terms and conditions applicable to www.cyberdive.co in addition to any related websites, domains, portals, extranets, applications, or online services which may be offered by our company, including, but not limited to, parenting.cyberdive.co and nomorenudes.com (collectively, the “Site”). BY ACCESSING ANY AREA(S) OF THE SITE OR ANY RELATED CYBER DIVE WEBSITES, YOU AGREE TO BE LEGALLY BOUND AND TO ABIDE BY THESE WEBSITE TERMS.

Please note that the Aqua One Smartphone and Service Terms of Service can be found at: cyberdive.co/terms-of-use

Use of the Site is also subject to the terms of our Privacy Policy which are incorporated herein by reference and can be found here: cyberdive.co/privacy-policy.

These Website Terms include a mandatory arbitration provision and waiver of class relief. If you do not wish to be subject to arbitration, you must opt out of the arbitration provision by following the instructions provided in the section titled Dispute Resolution; Binding Arbitration.

1. Use of the Site.
​By using the Site, you agree to the terms and conditions set forth in these Website Terms. If you do not agree to these Website Terms, you may not access or use the Site.

2. Changes to these Website Terms.
​Cyber Dive may modify the Website Terms from time to time without notice to you. You should check these Website Terms periodically for modifications. The provisions contained herein supersede all previous notices or statements regarding our Website Terms with respect to use of this Site. We include the effective date of our Website Terms at the top of the statement. We encourage you to check the Site frequently to see the current Website Terms in effect and any changes that may have been made to them. If we make material changes to the Website Terms, we will post the revised Website Terms and the revised effective date on this Site, and may notify you of such changes by displaying a notice (or link thereto) on the Site. By using the Site following any modifications to the Website Terms, you agree to be bound by such modifications.

3. User Age.
By accessing or otherwise using the Site, you represent that you are a legal resident of the United States of America and at least 18 years of age (or the age of majority where you live).

4. License.
The Site, including all of its contents, such as text, images, and the HTML used to generate the pages (“Materials”), are Cyber Dive’s property or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this Site in whole or in part, for any public or commercial purpose without our specific written permission. We grant you a personal, non-exclusive, non-transferable license to access the Site and to use the information and services contained here. In turn, you grant us a non-exclusive, royalty-free license to use any content you post on or through this Site for any purpose.

5. Modifications to the Site; Limits.
Cyber Dive reserves the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, information, data, text, music, sound, photographs, graphics, video, messages or other materials, features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.

6. Specific Prohibited Uses.
​The Site may be used only for lawful purposes. You are responsible for your own communications, including any information you upload, transmit or post to or through the Site, and are responsible for any consequences associated therewith. Cyber Dive specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:
a. Posting any information which is incomplete, false, inaccurate or not your own;
b. Impersonating another person;
c. Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;
d. Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
e. Posting material that reveals trade secrets, unless you own them or have the permission of the owner;
f. Posting material that infringes on any other intellectual property, privacy or publicity right of another;
g. Transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of US export control laws;
h. Attempting to interfere in any way with the Site’s or Cyber Dive’s networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system.
i. If you engage in any of the foregoing activities, Cyber Dive may terminate your use of the Site and, if any material posted by you on the Site violates any of the foregoing prohibitions, such material will be removed from the Site.

7. Security Rules.
​Violations of system or network security may result in civil or criminal liability. Cyber Dive will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
a. Accessing data not intended for such user or logging into a server or account which user is not authorized to access;
b. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
c. Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services; or
d. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

8. Privacy Policy.
Any information provided to Cyber Dive or otherwise collected by Cyber Dive via the Site will be governed by our Privacy Policy available at cyberdive.co/privacy-policy. Although the Privacy Policy is not a part of the Website Terms, we encourage you to read it to better understand how we collect, use, share and otherwise process information about you.

9. International Use.
​We operate the Site from our offices in the United States of America, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the 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.

10. Consent to Processing.
By providing any personal information to the Site, all users, including without limitation users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States.

11. Links from and to the Site.
You may be able to link to third party websites (“Linked Sites”) from the Site. Linked Sites are not; however, reviewed, controlled or examined by Cyber Dive in any way and we are not responsible for the content, availability, advertising, products, information or use of user information or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply our endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service/use of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall we be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to that site’s administrator or controller. We reserve the exclusive right, at our sole discretion, to add, change, decline, or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different users. Permission must be granted by Cyber Dive for any type of link to the Site. To seek our permission, you may write to us at the address below. We reserve the right, however, to deny any request or rescind any permission granted by us to link through such other type of link, and to require termination of any such link to the Site, at our discretion at any time.

12. Disclaimers.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SITE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CYBER DIVE DOES NOT WARRANT THAT THE SITE OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. CYBER DIVE MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

CYBER DIVE DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SITE. CYBER DIVE IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES WITHOUT THE DIRECT INVOLVEMENT OF CYBER DIVE.

13. Proprietary Rights.
Cyber Dive asserts the following Proprietary Rights:
a. Cyber Dive (or our licensor) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of all content and/or information provided to you through or on the Site, unless otherwise indicated. Except as otherwise provided herein, use of the Site does not grant you a license to any Materials, content, features or materials you may access through or on the Site (collectively “Content”), and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the content or screens of the Site for any purpose except as otherwise provided by us.
b. If you make use of the Site, other that as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Site.
c. The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law.
d. Product names, logos, designs, titles, words or phrases may be protected under law as the trademarks, service mark or trade names of Cyber Dive or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally.
e. The Cyber Dive logos and service names are trademarks of Cyber Dive (the “Cyber Dive Marks”). Without our prior permission, you agree not to display or use Cyber Dive Marks in any manner. Nothing on the Site should be construed to grant any license or right to use any Cyber Dive Mark without our prior written consent.

14. Indemnity.
You agree to defend, indemnify and hold Cyber Dive, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Website Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.

15. Limitations of Liability.
IN NO EVENT SHALL CYBER DIVE, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE, OR ANY OF THE CONTENT, MATERIALS OR FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF CYBER DIVE OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF CYBER DIVE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00.

16. Compliance with Law.
You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

17. Applicable Law/Jurisdiction/Venue.
​These Website Terms and the rights of the parties hereunder, including with respect to the use by you or by any third party of the Site and including all claims and disputes whether sounding in contract, tort, any statutory cause of action, or any other legal theory, shall be governed by and construed in accordance with the federal laws of the United States and laws of the State of Delaware except to the extent preempted by U.S. federal law, without regard to conflict or choice of law rules or principles (whether of Delaware or any other jurisdiction) that would cause the application of the laws of any other jurisdiction regardless of your location. Any dispute between you and Cyber Dive arising from these Website Terms or your use of the Site that is not subject to arbitration and cannot be heard in small claims court will be resolved in the state or federal courts of Delaware and the United States, respectively, sitting in New Castle County, Delaware. The parties irrevocably consent to the jurisdiction of such venues, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in New Castle County, Delaware.

18. Waiver Of Injunctive Relief.
​You acknowledge that the rights granted and obligations set forth in these Website Terms and made by you are of a unique and irreplaceable nature, the loss of which shall irreparably harm Cyber Dive and which cannot be replaced by monetary damages alone so that Cyber Dive shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).

19. Dispute Resolution; Binding Arbitration.
PLEASE READ THIS SECTION CAREFULLY, BECAUSE IT REQUIRES ARBITRATION OF CERTAIN DISPUTES WITH CYBER DIVE AND IT LIMITS THE MANNER IN WHICH RELIEF CAN BE SOUGHT FROM US, UNLESS YOU OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS SET FORTH BELOW. THIS SECTION PRECLUDES YOU FROM BRINGING ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTIONS AGAINST CYBER DIVE, INCLUDING ANY ACTION PURSUANT TO ANY STATUTE THAT ALLOWS RECOVERY ON BEHALF OF, FOR THE BENEFIT OF, OR OF AMOUNTS LOST OR SPENT BY OTHER INDIVIDUALS (INCLUDING IN A PRIVATE ATTORNEY GENERAL CAPACITY). UNLESS THE MASS ARBITRATION PROVISIONS SET FORTH IN SECTION (e) BELOW APPLY, ALL ARBITRATIONS (AND LITIGATION, WHERE ALLOWED) SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS. IN ADDITION, ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR HAVING A JURY TRIAL.

WHETHER TO AGREE TO ARBITRATION IS AN IMPORTANT DECISION. IT IS YOUR DECISION TO MAKE AND YOU SHOULD NOT RELY SOLELY ON THE INFORMATION PROVIDED IN THIS AGREEMENT, AS IT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION. YOU SHOULD TAKE REASONABLE STEPS TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS REGARDING THE CONSEQUENCES OF YOUR DECISION.

a. Scope of Arbitration. All past, present, and future disputes, claims, or controversies (except those listed below) arising out of or relating to these Website Terms, the use of the Site by You or any third party, or the relationship between the parties, or breach thereof, including disputes with respect to whether the subject matter of any controversy or claim is within the scope of these Website Terms, except for (i) claims regarding the infringement, protection or validity of either party or its licensors' trade secrets, copyright, trademark, or patent rights, and (ii) claims brought in small claims court in the county of your billing address (collectively, “Disputes”, and each a “Dispute”) shall be determined exclusively by binding individual arbitration. Any question about the arbitrability of any Dispute shall be determined by the arbitrator. The parties waive their rights to a jury trial and to have any Disputes resolved in court.
b. Informal Negotiations. The parties shall first attempt to resolve any Dispute informally for at least 60 days before initiating arbitration. The informal negotiations begin upon the sending of a properly addressed written notice from one party to the other ("Notice of Dispute"). The Notice of Dispute must: (i) include the full name and contact information of the complaining party; (ii) additional information to positively identify the complaining party; (iii) describe the nature and basis of the claim or Dispute; and (iii) set forth the specific relief sought. The Notice of Dispute to Cyber Dive shall be sent to: [131 Continental Drive, Suite 305 Newark, DE 19713]. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
c. Arbitration Proceedings. Any election to arbitrate by one party shall be final and binding on the other. Either you or we may start arbitration proceedings. You must send a letter requesting arbitration and describing your claim to us, using the address below, to begin arbitration. The American Arbitration Association (“AAA”) will arbitrate all disputes and the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply. The AAA rules are available at www.adr.org. Upon filing of the arbitration demand, CYBER DIVE and you will share equally all filing, administration and arbitrator fees. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. The determination of whether a dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator.
d. JURY TRIAL WAIVER. If a claim proceeds in court rather than through arbitration, CYBER DIVE AND YOU WAIVE ANY RIGHT TO A JURY TRIAL.
e. Authority of Arbitrator. The parties agree that these Website Terms affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Website Terms and the AAA Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may consider, but will not be bound by, rulings in other arbitrations where you and Cyber Dive were not both parties. Subject to Section, the arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual, unless all involved parties consent to such consolidation.
f. Mass Arbitrations. For mass arbitrations (which are defined as 25 or more similar demands for arbitration filed against the same party or related parties by individual claimants represented by either the same law firm or law firms acting in coordination), the AAA Mass Arbitration Supplementary Rules (“AAA Mass Arbitration Rules”) shall apply. In such proceedings, the parties agree that, notwithstanding any other provisions of these Website Terms, the Process Arbitrator (as described in the AAA Mass Arbitration Rules) and the arbitrator shall have the authority to implement the procedures set forth in the AAA Mass Arbitration Rules, including the authority to batch together individual arbitration demands into a single coordinated proceeding. All provisions of this Section that are not in conflict with the AAA Mass Arbitration Rules, including the qualifications for the arbitrator, shall continue to apply.
g. Confidentiality. You, Cyber Dive and the arbitrators shall maintain the confidential nature of the arbitration proceedings and the arbitration award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision. The arbitrators will have the authority to make appropriate rulings to safeguard confidentiality unless the law provides to the contrary.
h. Allocation of Arbitration Fees. If you assert a Dispute as a consumer, you will only be required to pay arbitration fees of $250 of the fees charged by AAA in connection with any arbitration under this Section, and Cyber Dive will bear all other costs charged by AAA or the arbitrator, including any remaining AAA Case Management Fee and all professional fees for the arbitrator’s services. You will still be responsible for paying your own attorneys’ fees.
i. STATUTE OF LIMITATIONS. ANY DISPUTE MUST BE FILED WITHIN ONE (1) YEAR AFTER THE RELEVANT CLAIM AROSE; OTHERWISE, THE DISPUTE IS PERMANENTLY BARRED, WHICH MEANS THAT THE PARTIES WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
j. WAIVER OF CLASS RELIEF. SUBJECT TO SECTION, ALL ARBITRATIONS AND LITIGATION SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AGREE THAT YOU AND CYBER DIVE WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION, OTHER REPRESENTATIVE ACTION OR PROCEEDING, OR ANY ACTION PURSUANT TO ANY STATUTE THAT ALLOWS RECOVERY ON BEHALF OF, FOR THE BENEFIT OF, OR OF AMOUNTS LOST OR SPENT BY OTHER INDIVIDUALS (INCLUDING IN A PRIVATE ATTORNEY GENERAL CAPACITY). YOU AND CYBER DIVE ARE EACH WAIVING RESPECTIVE RIGHTS TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY PAST, PENDING, OR FUTURE CLASS ACTION OR ANY OTHER CONSOLIDATED OR REPRESENTATIVE PROCEEDING.
k. Procedure to Opt Out. You may opt out of the binding arbitration requirement in these Website Terms by sending written notice via U.S. Mail, or by any nationally recognized delivery service (e.g., UPS, Federal Express) to Cyber Dive Corp. 4140 E Baseline Rd. #101 Mesa, AZ 85206. For your opt out to be effective, you must send such notice within thirty (30) days of your acceptance of these Terms. You must personally hand-sign and date the notice, and include in it your name, email address(es) (if you have a Cyber Dive Account), address, and any other information to positively identify you and your Cyber Dive Account(s), including phone number or device ID, and a clear statement that you do not wish to resolve disputes with Cyber Dive through the arbitration provisions in these Website Terms. By opting out, you are agreeing to resolve Disputes in accordance with any binding arbitration agreements in the most recent previous version of the Website Terms that you agreed to without opting out, the remainder of this Section in these Website Terms (including, for the avoidance of doubt, the waiver of class relief and any other relief other than individual relief), and all other relevant provisions of these Website Terms.
l. If any portion of this Arbitration Section is determined by a court to be unenforceable or invalid for any reason, (i) the unenforceable or invalid provision shall be severed from these Website Terms; (ii) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Arbitration Section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section; and (iii) to the extent that any claims must proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Arbitration Section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Arbitration Section will be enforceable.

20. CALIFORNIA NOTICE.
​Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.

21. Miscellaneous.
a. The Terms constitute the entire agreement between you and Cyber Dive and govern your use of the Site, superseding any prior agreements between you and Cyber Dive. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site.
b. You agree that no joint venture, partnership, employment, or agency relationship exists between Cyber Dive and you as a result of these Website Terms or your use of the Site.
c. Any claim or cause of action you may have with respect to Cyber Dive must be commenced within one (1) year after the claim or cause of action arose.
d. The failure of Cyber Dive to exercise or enforce any right or provision of the Website Terms shall not constitute a waiver of such right or provision. If any provision of the Website Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Website Terms remain in full force and effect.
e. You may not assign the Website Terms or any of your rights or obligations under the Website Terms without Cyber Dive’s express written consent.
f. The Website Terms inure to the benefit of Cyber Dive’s successors, assigns and licensees. The section titles in the Website Terms are for convenience only and have no legal or contractual effect.

​22. Notices / Contacting Us.
​Cyber Dive may notify you via either email or regular mail. Any inquiries you may have concerning these Website Terms, or to provide any notice to Cyber Dive hereunder, should be directed to: Cyber Dive Corp. 4140 E Baseline Rd. #101 Mesa, AZ 85206 or support@cyberdive.co.