Policies & Terms

All shipments crossing international borders are subject to brokerage, duty, and tax assessment by the importing country's government. Customs officials assess duties and taxes based on information provided on the shipping label, the Commercial Invoice, and other relevant documents. Brokerage fees are charged to facilitate transactions between buyers and sellers. Additional charges for customs clearance must be fulfilled by the recipient; Dive Bomb Industries has no control over these charges, nor can Dive Bomb Industries predict what they may be. Customs policies vary widely; you should contact your local customs office for more information. When customs clearance procedures are required, it can cause delays beyond our original delivery estimates.

We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone. We will use your information to respond to you, regarding the reason you contacted us. Customer data may be shared with a third party to perform services on our behalf. Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy. This is required by law. 

We value your privacy and the information you consent to share in relation to our SMS marketing service. We use this information to send you text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us. Opt-in data and consent for text messaging will not be shared with any third parties except for messaging partners, for the purpose of enabling and operating our text messaging program.

Opt-in data and consent for text messaging will not be shared with any third-parties except for messaging partners, for the purpose of enabling and operating our text messaging program.

Our website uses cookies to keep track of items you put into your shopping cart, including when you have abandoned your checkout. This information is used to determine when to send cart reminder messages via SMS.

Dive Bomb Industries and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully. ​

When you visit Dive Bomb Industries or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Dive Bomb Industries or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Dive Bomb Industries, with copyright authorship for this collection by Dive Bomb Industries, and protected by international copyright laws.

Dive Bomb Industries trademarks and trade dress may not be used in connection with any product or service that is not Dive Bomb Industries, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Dive Bomb Industries. All other trademarks not owned by Dive Bomb Industries or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Dive Bomb Industries or its subsidiaries.

All items purchased from Dive Bomb Industries are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Dive Bomb Industries grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Dive Bomb Industries. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Dive Bomb Industries. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Dive Bomb Industries and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Dive Bomb Industries name or trademarks without the express written consent of Dive Bomb Industries. Any unauthorized use terminates the permission or license granted by Dive Bomb Industries. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Dive Bomb Industries so long as the link does not portray Dive Bomb Industries, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Dive Bomb Industries logo or other proprietary graphic or trademark as part of the link without express written permission.

Dive Bomb Industries grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Dive Bomb Industries. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Dive Bomb Industries. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Dive Bomb Industries and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Dive Bomb Industries name or trademarks without the express written consent of Dive Bomb Industries. Any unauthorized use terminates the permission or license granted by Dive Bomb Industries. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Dive Bomb Industries so long as the link does not portray Dive Bomb Industries, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Dive Bomb Industries logo or other proprietary graphic or trademark as part of the link without express written permission.

By consenting to Dive Bomb Industries SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

For any questions, please text HELP to the number you received the messages from. You can also contact us at https://www.divebombindustries.com/pages/contact for more information.

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Your right to privacy is important to us. You can see our Privacy Policy https://www.divebombindustries.com/pages/refunds-privacy-terms-and-conditions to determine how we collect and use your personal information.

Arbitration and Class Action Waiver Agreement:

Arbitration:

By using or purchasing Dive Bomb Industries products or services, you agree that any controversy, claim, action, or dispute between you and Dive Bomb Industries arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of Dive Bomb Industries website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.

Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.  

Arbitration Procedures:

Claims shall be heard by a single arbitrator. Arbitrations shall be held in St. Louis County, Missouri, USA, but the parties may choose whether to appear in person, by phone, or through the submission of documents.  The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the [State], without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.

Exclusion from Arbitration:

Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of Dive Bomb Industries products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to 2445 Northline Industrial Dr. Maryland Heights, Missouri 63043. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with Dive Bomb Industries. You are responsible for ensuring Dive Bomb Industries receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt.  Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.

Class Action Waiver:

You and Dive Bomb Industries agree that you may bring or participate in Claims against Dive Bomb Industries only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.  Unless both you and Dive Bomb Industries agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

When you visit Dive Bomb Industries or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Dive Bomb Industries or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Dive Bomb Industries, with copyright authorship for this collection by Dive Bomb Industries, and protected by international copyright laws.

Dive Bomb Industries trademarks and trade dress may not be used in connection with any product or service that is not Dive Bomb Industries, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Dive Bomb Industries. All other trademarks not owned by Dive Bomb Industries or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Dive Bomb Industries or its subsidiaries.

Dive Bomb Industries grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Dive Bomb Industries. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Dive Bomb Industries. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Dive Bomb Industries and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Dive Bomb Industries name or trademarks without the express written consent of Dive Bomb Industries. Any unauthorized use terminates the permission or license granted by Dive Bomb Industries. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Dive Bomb Industries so long as the link does not portray Dive Bomb Industries, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Dive Bomb Industries logo or other proprietary graphic or trademark as part of the link without express written permission.

Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Dive Bomb Industries reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Dive Bomb Industries and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Dive Bomb Industries and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Dive Bomb Industries or its associates for all claims resulting from content you supply. Dive Bomb Industries has the right but not the obligation to monitor and edit or remove any activity or content. Dive Bomb Industries takes no responsibility and assumes no liability for any content posted by you or any third party.

All items purchased from Dive Bomb Industries are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Dive Bomb Industries and its associates attempt to be as accurate as possible. However, Dive Bomb Industries does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Dive Bomb Industries itself is not as described, your sole remedy is to return it in unused condition. 

By visiting Dive Bomb Industries, you agree that the laws of the state of Missouri without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Dive Bomb Industries or its associates.

Any dispute relating in any way to your visit to Dive Bomb Industries or to products you purchase through Dive Bomb Industries shall be submitted to confidential arbitration in DEFINE_STATE, DEFINE_COUNTRY, except that, to the extent you have in any manner violated or threatened to violate Dive Bomb Industries intellectual property rights, Dive Bomb Industries may seek injunctive or other appropriate relief in any state or federal court in the state of Missouri, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to Dive Bomb Industries. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff by clicking on the "Contact Us" link  or you can email us at: info@divebombindustries.com