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Terms of Service

Effective date: July 17, 2026

Welcome to SpearFactor. These Terms of Service ("Terms") govern your use of spearfactor.com and its subdomains (the "Site") and any courses, content, or services we offer ("Services"). By using the Site, you agree to these Terms. If you do not agree, do not use the Site.

1. Who We Are

SpearFactor is operated by Spearfactor Spear Fishing LLC ("SpearFactor," "we," "us," or "our"). Contact: bretwhitman@spearfactor.com.

2. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account, purchase a course, or submit content.

3. Accounts

If you create an account, you're responsible for keeping your credentials secure and for all activity under your account. Notify us immediately of any unauthorized use.

4. Courses and Purchases

  • Prices, availability, and course contents may change without notice.

  • Payments are processed by third-party providers; their terms also apply.

  • Access to purchased courses is granted for personal, non-commercial use.

  • Refunds: Once a course has been opened or accessed, it is non-refundable. If you have purchased a course and have not yet opened or accessed any of its content, contact us at bretwhitman@spearfactor.com to request a refund.

5. Dive Conditions, Trip Planning, and Safety Disclaimer

Read this carefully. Spearfishing, freediving, and scuba diving are inherently dangerous activities that can result in serious injury or death.

  • Dive-condition forecasts, visibility predictions, trip-optimizer outputs, dive-log entries, spot recommendations, and any related data on the Site are estimates and general information only. They are not safety advice and must not be used as a substitute for real-time on-site assessment, proper training, certified instruction, or professional judgment.

  • Ocean conditions change rapidly. Always check current NOAA forecasts, tides, and local advisories, and evaluate conditions in person before entering the water.

  • You are solely responsible for your own safety, your equipment, your training level, your dive partners, and compliance with all applicable laws and regulations (including fishing licenses and bag limits).

  • Never dive alone. Never exceed your training. When in doubt, don't go.

You assume all risk of using the information on this Site.

6. Content and Intellectual Property

All content on the Site — articles, photos, videos, courses, maps, code, and branding — is owned by SpearFactor or licensed to us and is protected by copyright and other laws. You may view and share links to our content for personal, non-commercial use. Do not reproduce, republish, or resell our content without written permission.

7. User Submissions

If you submit content (comments, messages, photos, dive reports), you grant us a non-exclusive, worldwide, royalty-free license to use, display, and adapt it in connection with the Site and our marketing. You represent that you own or have the right to share what you submit and that it does not violate anyone's rights.

8. Acceptable Use

You agree not to:

  • Use the Site for any unlawful purpose or to harass, harm, or defraud others.

  • Attempt to hack, scrape, overload, or interfere with the Site.

  • Impersonate anyone or misrepresent your affiliation.

  • Upload malicious code or content that infringes intellectual property, privacy, or publicity rights.

9. Third-Party Links and Services

The Site may link to or embed third-party content and services (e.g., NOAA data, YouTube videos, social platforms, payment processors). We are not responsible for third-party content, policies, or practices.

10. Disclaimers

The Site and Services are provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and accuracy. We do not warrant that the Site will be uninterrupted, error-free, or secure.

11. Limitation of Liability

To the fullest extent permitted by law, SpearFactor and its owner, contractors, and affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill, arising out of your use of the Site or Services — including any injury, illness, or death resulting from diving, spearfishing, or other water activities. Our total aggregate liability for any claim will not exceed the amount you paid us in the 12 months before the claim.

Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

12. Indemnification

You agree to indemnify and hold SpearFactor harmless from any claims, damages, or expenses (including reasonable attorneys' fees) arising from your use of the Site, your content, or your violation of these Terms.

13. Termination

We may suspend or terminate your access at any time for any reason, including violation of these Terms. Sections that by their nature should survive (e.g., disclaimers, limitations of liability, IP, indemnification) will survive termination.

14. Governing Law

These Terms are governed by the laws of the State of California, USA, without regard to conflict-of-law rules. You agree that any dispute will be resolved exclusively in the state or federal courts located in San Diego County, California.

15. Changes to These Terms

We may update these Terms from time to time. The "Effective date" at the top will reflect the latest version. Continued use of the Site after changes means you accept the updated Terms.

16. Contact

Questions about these Terms: bretwhitman@spearfactor.com

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