Limitations of Liability

WITH THE PURCHASE OF THE SYMBIOS TANK POD YOU HEREBY AGREE TO THE FOLLOWING EXCLUSIONS AND LIMITATIONS OF HALCYON DIVE SYSTEMS ’S LIABILITY TO YOU.

YOU AGREE AND UNDERSTAND THAT SCUBA DIVING IS A HIGH RISK, POSSIBLY LIFE-THREATENING ACTIVITY AND THE USE OF THE SYMBIOS TANK POD IS IN NO WAY A SUBSTITUTE FOR PROPER SCUBA TRAINING AND CERTIFICATION.

BECAUSE OF THE NUMBER OF VARIABLES AND THE VARYING DEGREES TO WHICH THEY MAY AFFECT INDIVIDUALS ENGAGED IN SCUBA DIVING, HALCYON DIVE SYSTEMS DOES NOT WARRANT OR GUARANTEE THAT USE OF THIS PRODUCT WILL PREVENT DECOMPRESSION SICKNESS, OR ANY OTHER CONDITION, OR INJURY INCURRED WHILE USING THIS PRODUCT.

THESE INFLUENCING VARIABLES MAY INCLUDE, BUT ARE NOT LIMITED TO, DEHYDRATION, OBESITY, AGE, OLD INJURIES, OR OTHER PHYSICAL CONDITIONS OF THE DIVER, OR ENVIRONMENTAL EXTREMES OF HEAT OR COLD, OR POOR TRAINING, OR DIVING PRACTICES, ANY OF WHICH MAY PROMOTE THE ONSET OF DECOMPRESSION SICKNESS OR OTHER HARMFUL EFFECTS.

THE SYMBIOS TANK POD WAS TESTED ACCORDING TO EN13319 AND WAS EVALUATED IN NUMEROUS TEST DIVES. HOWEVER THERE MAY STILL BE ERRORS IN THE SOFTWARE, THAT WERE NOT IDENTIFIED YET AND THAT MAY LEAD TO MALFUNCTIONS OF THE SYMBIOS TANK POD. THEREFORE, HALCYON DIVE SYSTEMS SUGGESTS TO ALWAYS CARRY AND USE A BACKUP DIVE COMPUTER OR A DIVE TABLE IN COMBINATION WITH A DEPTH GAUGE AND A WATCH.

YOU AGREE THAT YOU UNDERSTAND AND ACCEPT ALL RISKS ASSOCIATED WITH DIVING, AND THAT HALCYON DIVE SYSTEMS , ITS ELECTED AND APPOINTED OFFICIALS, EMPLOYEES, VOLUNTEERS OR OTHERS WORKING ON BEHALF OF HALCYON DIVE SYSTEMS ARE NOT LIABLE TO YOU OR ANY OTHER PERSON, INCLUDING YOUR HEIRS, EXECUTORS OR PERSONAL REPRESENTATIVES, FOR ANY LOSS, DAMAGE, COST, EXPENSE OR CLAIM ARISING OUT OF, CAUSED BY OR RELATING TO YOUR PERSONAL INJURY OR DEATH WHILE DIVING, EVEN IF YOUR PERSONAL INJURY OR DEATH IS CAUSED, IN WHOLE OR IN PART, AND DIRECTLY OR INDIRECTLY, BY THE PURCHASE OF THE SYMBIOS TANK POD OR YOUR USE THEREOF, OR ARISING FROM BREACH OF THE WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF HALCYON DIVE SYSTEMS KNEW, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES, AND REGARDLESS OF WHETHER OR NOT THE HEAD UP DIVING COMPUTER FUNCTIONED PROPERLY OR WAS DEFECTIVE IN ANY WAY. HALCYON DIVE SYSTEMS SHALL NOT BE LIABLE FOR DELAY IN RENDERING SERVICE UNDER THE LIMITED WARRANTY, OR LOSS OF USE DURING THE TIME THE PRODUCT IS BEING REPAIRED.

YOU HEREBY IRREVOCABLY WAIVE AND RELEASE HALCYON DIVE SYSTEMS , ITS ELECTED AND APPOINTED OFFICIALS, EMPLOYEES, VOLUNTEERS OR OTHERS WORKING ON BEHALF OF HALCYON DIVE SYSTEMS FROM ANY LIABILITY OR OBLIGATION TO YOU OR YOUR HEIRS, EXECUTORS OR PERSONAL REPRESENTATIVES FOR ANY LOSS, DAMAGE, COST, EXPENSE OR CLAIM ARISING OUT OF, CAUSED BY OR RELATING TO YOUR PERSONAL INJURY OR DEATH WHILE DIVING, EVEN IF YOUR PERSONAL INJURY OR DEATH IS CAUSED, IN WHOLE OR IN PART AND DIRECTLY OR INDIRECTLY, BY THE SYMBIOS TANK POD OR YOUR USE OF THE SYMBIOS TANK POD, OR ARISING FROM BREACH OF THE WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF HALCYON DIVE SYSTEMS KNEW, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES, AND REGARDLESS OF WHETHER OR NOT THE SYMBIOS TANK POD FUNCTIONED PROPERLY OR WAS DEFECTIVE IN ANY WAY.

YOU MUST READ AND ACCEPT THE AGREEMENT FOR ALL LIMITATIONS AND EXCLUSIONS OF HALCYON DIVE SYSTEMS ’S LIABILITY TO YOU.