Terms & Conditions

Kirby Morgan Dive Systems, Inc. (KMDSI) has ownership of certain Copyrights, Trademarks, and Trade Dress Rights. These rights arise from original text, artwork, illustrations, and designs that are used in our Trade. Much of the material is registered with the Patent and Trademarks Offices of the governments of the appropriate countries and are protected by United States law, international laws and treaties, all rights are reserved. No one is to use our trademarks for any commercial purpose other than editorial use without our written permission. On the Internet (World Wide Web) our electronic images and electronic images of our products cannot be used as logos or page headers, footers or as "go to" buttons without our written permission. Assuming written permission to use a trademark for commercial purposes has been granted, to avoid confusion as to who owns and manufactures our products, each trademark (including design and word trademarks) used by others must contain the proper trademark registration symbol and somewhere on the same page the trademark (and therefore the source of the product denoted by the trademark) must be attributed to Kirby Morgan Dive Systems, Inc. In other words, each registered trademark must include next to the mark the R within a circle (®), and, somewhere on the page (usually at the bottom), the trademark must be identified as the registered trademark of Kirby Morgan Dive Systems, Inc., e.g., "KIRBY MORGAN is the registered trademark of Kirby Morgan Dive Systems, Inc. Used with permission." If the matter is a copyrighted work of KMDSI, the work must contain the applicable notice of copyright, e.g., the date of publication (in some cases, the date may be omitted), the C within a circle (©), followed by "by Kirby Morgan Dive Systems, Inc." or "by KMDSI". When permission is granted for use of a trademark and/or a copyrighted material, specific directions will be given to the licensee concerning the proper trademark notice and attribution statement and/or copyright notice to use. In particular, no image/s of any of our products may be used as "go to" buttons except as a link to "go to" the Kirby Morgan Dive Systems, Inc. web site or to another electronic page where our products are displayed, and only with our written permission. Images of our products may never be used as a "go to" button for anyone else's web site or as a "home" button. Home for our products is our physical address or our web site only. No one may use an image of our product/s as their "home" button. Manufacturers and sellers of marine/diving equipment may not show our products in advertisements, press releases, catalogs, electronic media, or other promotional materials without KMDSI's written permission. Manufacturers and sellers of marine/diving equipment may not use our Copyrights, Trademarks and Trade Dress Rights without KMDSI's written permission. Editorial use of photographs or illustrated likeness of our products in use is "fair use" and we make no attempt to control the positive use in this manner. Editorial use of photographs or illustrated likeness of our products must be presented in a truthful manner and not be used for misleading or false purposes. Diving service companies may use depictions, illustrations, and photographs of our products when it is clear that they use the products and do not manufacture or own the rights to the products and representations of our products. We recognize that many of our customers and providers of services to our customers use images of our products in their printed and electronic media and will support them in any way possible. We will grant a license for the use of our images or images of our products free of charge for legitimate use by our customers and providers of services and equipment to our customers. Please send us a request with a short description of how you are going to use the image in a positive way to obtain a license from us for that use.

"Kirby Morgan", 3D image of Kirby Morgan helmet are US and Foreign registered Trademarks belonging to Kirby Morgan Dive Systems Inc. the name "Kirby Morgan" and the image of the helmet can only be duplicated with written permission of Kirby Morgan Dive Systems Inc.

Due to the unpredictability of the online environment, Kirby Morgan does not promise that this website will be interruption free, error free, defects will be corrected, free of viruses, or any other harmful element. By visiting this site you agree to the terms and conditions set forth in this legal notice. Access is undertaken at your own risk. Any cost associated with the servicing of equipment used in connection with our website will be assumed by you. Kirby Morgan shall not be liable for any damages related to your use or access to this website.

At apparel.kmdsi.com we attempt to present the most recent, accurate, and reliable information on our website. However, at any time, information might be incomplete date, typographical errors, and inaccuracies. Any error is unintentional and we apologize if this error is reflected in merchandise pricing, item availability, or any other way. We reserve the right to amend errors or update product information at any time without prior notice. In the event that any item on our site is listed at an incorrect price, due to photographical error, typographical error, or error in supplier pricing information, Kirby Morgan shall have the right to refuse or cancel any order placed for these incorrectly priced products.

We have made every effort to display as accurately as possible the colors of our products that appear on the website. However, due to monitor discrepancies, we cannot guarantee that your display of color will be accurate.

Apparel.kmdsi.com is under no obligation to respond to all pieces of correspondence, maintain your submitted comments in confidence, or to pay compensation of any kind for your comments or submissions. Any comment, feedback, idea, suggestion, or other submission disclosed or submitted to Kirby Morgan through apparel.kmdsi.com shall become and remain the property of Kirby Morgan Dive Systems, Inc. and becomes a declaration of the full release of proprietary claims and/or intellectual rights regarding your submission. We will make every effort to respond quickly to applicable email messages and we welcome your comments and feedback.

Orders must be over $75 USD before taxes and after any discounts to qualify for free shipping. Free shipping applies to orders shipped to the United States only.
Contact customer service for additional shipping methods.
International Shipments: the recipient of the package is responsible for all duties and taxes and brokerage fees. Duties and taxes and brokerage fees are not included in the shipping and handling fee we charge. Please check with your local agency for details on estimated fees.