We can modify these TOU at any time without notice to you by posting revised TOU via our Web Sites and such modification will be effective upon posting by Company on our Web Site. Your continued use of our Web Site and services after The Shore Board LLC posts a revised constitutes your binding acceptance of the current TOU, including any modifications that we make. It’s important that you review our TOU regularly to ensure you are updated and comply with any changes. By Electronically signing, processing payment, email approving, faxing, physically returning our Invoice with payment binds you to the agreement to these terms of usage which is listed on your document. By approving our invoice, you understand, abide, agree, and fully cooperate with the following terms and conditions listed on our website
The Shore Board LLC will make the appropriate decision whether to operate our vessel in certain conditions. These conditions are as followed: Weather, Mechanical, High Seas, National Event, State of Emergency, Coast Guard limitations, State Police limitations, or any other audible situation The Shore Board LLC has no control over. We take no responsibility on these limitations and have the right to make a decision accordingly. The Shore Board LLC incorporates a 20 percent (20%) fall out due to the conditions listed above. Anything outside of the twenty percent (20%), The Shore Board LLC may or may not apply a credit to the customers account using a pro-rated value calculated to our discretion. We have the right to change, alter or modify these calculations based on values, timing, cost of operation, and market value. We are not held financially credible for incremental weather, mechanical failures, act of god, high seas, national events, state of emergency, cost guard limitations, state police limitations, tide on our departure or return into port. Days which are cut shore due to adversities like weather, tide, mechanical failure, high seas, national events, state of emergency, coast guard limitations, state limitations are non refundable to the customer at all. Times, area’s of coverage, and logistics are targeted, and not guaranteed. We do not imply or guarantee exact beach runs, zones, or demographic area’s to which we target. Beach Area’s, Zones, Beach Territories can change due to operating adversities like, Weather, Winds excess of 20 Knots, Tide, Mechanical Failure, High Seas, National Event, State of Emergency, Coast Gard Limitations, State Police Limitations, or any other adversities we have no physical control over. We have the right to make any altercations, adjustments, or changes to our digression at any time. We have the right, but not the obligation, to take any of the following actions, in our sole discretion at any time, and for any reason without giving you any prior notice:
1.Restrict, suspend, change, discontinue, or terminate your access to all or any part of our Services;
2.Refuse, move, or remove any content that is available on our Web Sites;
3.Deactivate or delete your accounts and all related information and files in your account; and
4.Establish general practices and limits concerning use of our Web Sites.
5.Change, Modify, Adjust hours of operation and logistics.
6.Change prices with written notice via email, mail, call, text, or fax.
7.Deny, Decline, Turn down, business that we feel is a misrepresentation towards The Shore Board LLC
You agree that we will not be liable to you or any third party for taking any of these actions.
4.Web Site Intellectual Property Ownership
The past, present and future content on the Web Sites, including, without limitation, organization, graphics, text, images, audio, videos, ringtones, voice tones, wallpapers, games, contests, voting, technology, applications, Templates (defined below), artwork, information, data, designs, compilations, advertising copy, and the trademarks, logos, domain names, trade names, service marks and trade identities; any and all copyrightable material (including source and object code); and all other materials related to the Web Sites, including, without limitation, the “look and feel” of the Web Sites (collectively, “Content”), are protected by applicable U.S. copyright laws, international conventions, other applicable copyright laws and other proprietary (including, but not limited to, intellectual property) rights and are owned or controlled by The Shore Board LLC, its subsidiaries, affiliates or its licensors. Except as expressly set forth in these TOU or otherwise expressly granted to you in writing by The Shore Board LLC, no rights (either by implication, estoppel or otherwise) are granted to you. Any and all rights to use any Content not expressly granted to you under this TOU are hereby reserved for The Shore Board LLC and/or its subsidiaries, affiliates or its licensors. Nothing contained in this TOU will affect, impair, or limit in any way The Shore Board LLC’s rights to exploit fully any or all of the Content. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Web Sites (including the Content) or as The Shore Board LLC may impose from time to time. Moreover, you agree that you will not remove any proprietary notices or labels contained in or on the Content. Copying, archiving or storing any part of the Web Sites for a purpose that is not permitted by these TOU is expressly prohibited without prior written permission from The Shore Board LLC or the applicable copyright holder as identified on the Web Sites. You acknowledge and agree that you will not, directly or indirectly, contest, challenge, aid or abet in contesting or challenging the validity or ownership of the Content, or take any action whatsoever in derogation of The Shore Board LLC’s rights therein, or in breach of, any terms and conditions contained in this TOU. You acknowledge and agree that you will not acquire or claim any rights in the Content, or aid or abet anyone else in doing so. Nothing in this TOU will be interpreted to grant you, any right or license to enter into sublicenses or redistribution agreements with respect to any portion of the Content or to otherwise rent, sell, lease, loan, transfer, assign, broadcast, upload to any computer or wireless device, sublicense, distribute or allow access to the Content. The terms of this paragraph do not apply to information you submit to the Web Site in connection with any Services or User Upload Information addressed in Section 8 below.
5.Copyrights and Other Intellectual Property and Related Complaints
You may not use the Web Sites for any purpose or in any manner that infringes the rights of any third party. The Shore Board LLC encourages users to report any content on its Web Sites that a user believes infringes his or her rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on one of The Shore Board LLC’s Web Sites infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth.
Other Intellectual Property and Related Complaints
If you believe that any of The Shore Board LLC’s Web Sites contain content that violate your rights other than copyrights, please provide The Shore Board LLC at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you. Please send your complaint regarding content on one of The Shore Board LLC’s Web Sites to:
The Shore Board LLC
P.O. Box 1680
Point Pleasant Beach, NJ 08742
NOTE: This contact information is only for inquiries regarding content that you believe may be infringing
Other Important Information Regarding Potential Copyright Infringement or other Content Complaints
We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
The Shore Board LLC will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party’s intellectual property rights.
As a regular part of our business, The Shore Board LLC may display advertisements and product listings from a wide variety of companies. We encourage the owners of intellectual property rights who believe their rights are being infringed by a company who advertises or lists its products on our site to resolve their disputes directly with that company. The Shore Board LLC is not in a position to arbitrate disputes between users or the owners of intellectual property rights and companies who advertise or list their products on our Web Sites. As a courtesy to owners of intellectual property rights, we may perform a limited investigation of reasonable complaints. However, we provide no guarantee that we will remove the allegedly infringing materials from our Web Sites.
7.Information You Submit
From time to time, the Web Sites may contain functionality through which you can upload or otherwise submit information, data, software, messages, photographs, artwork, proposals, invoices, audio, video, text and other materials to the Web Sites (“User Upload Information”).For purposes of clarity, the definition of “User Upload Information” specifically excludes Custom Advertisements (defined below) and Your Contribution to Custom Advertisements (defined below) which shall be governed by the provisions set forth in Section 9 hereof. For example, the Web Sites may offer forums, bulletin boards, chat rooms or other interactive areas (“Community User Forums”).You must read and follow the posted Community User Forum rules, if any, at the top of the forums in which you post. The Shore Board LLC. , its subsidiaries, affiliates or the directors, officers, employees, or other representatives of each of them do not endorse the content posted in Community User Forums. The Shore Board LLC. Reserves the right to suspend or terminate your access to the Web Sites and pursue all legal remedies if we believe your User Upload Information infringes another’s copyright or otherwise violates any law, rule or regulation. Except as expressly allowed by The Shore Board LLC. In writing, you acknowledge and agree that you are prohibited from accepting payment for User Upload Information, including, without limitation, accepting payment for the inclusion of a logo, brand or other commercial content, in User Upload Information. You agree to use Community User Forums only to send and receive messages and material that are proper and related to that particular Community User Forum.
When you upload User Upload Information via the Web Sites, you irrevocably grant to The Shore Board LLC., its subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free license containing, without limitation, all right, title and interest in User Upload Information, including, without limitation, all patents, trademarks, service marks, trade names, trade identities, copyrights, trade secrets, logos, domain names, know-how, source code and object code, mask-work rights, inventions, moral rights, author’s rights, algorithms, rights in packaging, goodwill and other intellectual property and proprietary rights whatsoever in User Upload Information. You further agree that The Shore Board LLC., its parent, subsidiaries, affiliates, and partners and the directors, officers, employees, licensees and other representatives of each of them, will have the unlimited right everywhere, and forever, without any credit or compensation to you, to use, reuse, modify, alter, display, archive, publish, sub-license, perform, reproduce, make available for download, disclose, transmit, broadcast, post, sell, translate, create derivative works of, distribute and use for advertising, marketing, publicity and promotional purposes, any User Upload Information or portions of User Upload Information, and your name, voice, likeness and other identifying information, in any form, media, software or technology of any kind now known or developed in the future for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products using such User Upload Information. You hereby waive any moral rights you may have in and to any User Upload Information, even if such material is altered or changed in a manner not agreeable to you. You agree and understand that The Shore Board LLC., its, subsidiaries, affiliates and partners are not obligated to use User Upload Information submitted through the Web Sites or otherwise, and may alternatively choose to discard, and limit or block access to User Uploaded Information without any liability whatsoever.
All User Upload Information is your sole responsibility. This means that you, and not The Shore Board LLC., are entirely responsible for all User Upload Information that you upload post, e-mail, transmit or otherwise make available via the Web Sites. The Shore Board LLC. Cannot ensure the security of any information you post on publicly available areas of the Web Sites. Under no circumstances will we be liable in any way for any User Upload Information, including, but not limited to, any errors or omissions in User Upload Information, or for any loss or damage of any kind incurred as a result of User Upload Information. You represent that User Upload Information is an original work by you or you have all necessary rights in it and to submit it to The Shore Board LLC under the terms of these TOU; that it is not defamatory; and that it does not infringe upon, misappropriate or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy or any other proprietary rights or otherwise violate any law, rule, or regulation. You further agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees, connected to or arising from your breach of any representation or warranty, or other violation of the terms of the TOU.
You acknowledge that the Web Sites, through The Shore Board LLC, its subsidiaries, affiliates, and partners undertakes no obligation to pre-screen User Upload Information, but that it has the right, in its sole discretion to modify, delete, edit, distribute, refuse, move, block access to or remove any User Upload Information. You agree that you must evaluate, and bear all risks associated with, the use of any of User Upload Information, including, but not limited to, any reliance on the accuracy, completeness, or usefulness of User Upload Information. Since The Shore Board LLC, its subsidiaries, affiliates and partners may not pre-screen user-generated content, you may bear legal responsibility for others’ exposure to any offensive indecent or objectionable content in User Upload Information.
8.Payment Obligation and Credit Card Authorization
When online payment of invoices for advertising services purchased pursuant to an Advertising Agreement is offered through the Web Sites, you will be prompted to authorize us to charge the credit card account that you provide. You will be given the opportunity to choose from three (3) payment options:(1) cash payments, (2) automatic recurring payments, and (3) payments in advance.
Once payments have been charged to your credit card, they are nonrefundable except in accordance with the terms of the Advertising Agreement and from
You will also be responsible for paying any authorized payments charged to your credit card by someone who uses your card without your permission, even if your credit card company does not cover such costs.
If we do not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon our demand in accordance with the terms of the Advertising Agreement. Your credit card issuer agreement governs your use of your designated credit card in connection with payment, and you must refer to that agreement and not these TOU to determine your rights and liabilities as a cardholder.
By express written direction on the Web Sites, The Shore Board LLC may grant you the limited, revocable permission to engage in Viral Distribution as may from time to time be made available on the Web Sites for such purpose. “Viral Distribution” means these personal uses only and only if there is expresses written permission on the Web Sites to do so: (a) sending Content or other material such as Custom Advertisements to friends or acquaintances at no charge by e-mail or other forms of digital delivery; or (b) reproducing copies of Content for personal use. If expressly permitted on the Web Sites, you may engage in Viral Distribution pursuant to these TOU, but you will not make any use of or license, distribute, reproduce, or otherwise exploit any part of the Content or Custom Advertisements without our express written permission.
10.Third Party Content and Information
The Web Sites contain Content that is provided for your convenience and enjoyment. Third parties provide some of the Content. You should be aware that the Content might contain errors, omissions, inaccuracies, outdated information, and inadequacies and that the Content may be subject to terms and conditions that may be found on the Web Sites or in the documents and policies of third parties. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Content and will not be liable for any lack of the foregoing. Third parties may offer goods, services and other materials to you on the Web Sites. Your correspondence and business dealings with others found on or through the Web Sites, including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the advertiser. You agree that The Shore Board LLC will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such products, services, and other Content on the Web Sites. Under certain circumstances, we may permit third party users to upload content, in which event you may be exposed to offensive, indecent or objectionable content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these TOU or that is otherwise objectionable. Descriptions of, or references to, products, services or publications within the Web Sites do not imply endorsement of that product, service or publication by The Shore Board LLC.
11.Your Conduct on our Web Sites
The use of our service is prohibited by any unethical, pornographic, disdainful, and disrespectful conduct. The Shore Board LLC has the authority and ultimate decision on what will be displayed in the best interest of the company, viewing audience, and other parties. The Shore Board LLC will be respectful and lawful.
Without limiting the foregoing, you agree that you will not use our Web Sites or our Services to take any of the actions below:
A. Defame, abuse, harass, stalk, threaten, or violate the legal right of anyone else;
B. Publish, post, upload, e-mail, distribute, display, promote, disseminate or otherwise make available (collectively, “Transmit”) any material that is inappropriate, profane, vulgar, libelous, defamatory, obscene, indecent, unlawful content, offensive, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, false, unlawful, threatening, tortious, disparaging (including disparaging of The Shore Board LLC, its subsidiaries or affiliates), anything that negatively affects The Shore Board LLC’s business, discouraging any person or entity from advertising on our boat, linking to or supplying The Shore Board LLC that promotes violence, racial hatred and / or terrorism, or is up forth objectionable in The Shore Board LLC ‘s sole discretion;
C. Sharing any information, software, or other amenities that violates, plagiarizes, misappropriates or infringes the rights of third parties, including copyright (including, without limitation, offering pirated computer programs or supplying links to these programs, information used to circumvent forensic identification or tracing information, rights signaling, tracking, reporting or recognition information, or copy-protect devices, including serial numbers for third party software programs, or any type of hacker or cracker utilities), trademark, patent, trade secret, privacy or publicity or any other proprietary right;
D. Upload or transmit files that contain viruses, corrupted files, spyware, adware or any other software or programs that may damage the operation of another computer, our Web Sites, any software or hardware, or telecommunications equipment or take any steps to, on or in connection with the Web Sites that deactivates any copy protection devices, programs or utilities;
E. Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters, and any other items not related to advertising on The Shore Board LLC;
F. Download any file that you know cannot be legally obtained in such manner;
G. Falsify any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of material;
H. Inhibit anyone from using and enjoying any public area within our Web Sites;
I. Collect or store personal information about others
J. Interfere with or disrupt our Web Sites, servers, or networks;
K. Impersonate any person or entity, including The Shore Board LLC, or falsely state or misrepresent your affiliation with a person or entity;
L. Forge headers or manipulate other data in order to disguise the origin of any content transmitted through our Web Sites or to manipulate your attendance on our Web Sites;
M. Take any action that imposes a disproportionately large load on our infrastructure;
N. Use another’s information (as well as financial information), account, wireless account, wireless device, password, service or system, except to the extent you have permission to use such information with written notice given to The Shore Board LLC.
O. Engage in any illegal activities.
You represent and agree that you will comply with the above acceptable use policy.
Additionally, you understand that The Shore Board LLC will determine your compliance with these TOU, to our sole discretion. The Shore Board LLC reserves the right to deny access to any person for any reason, in its sole discretion, without notice or liability of any kind. Violation of The Shore Board LLC’s TOU will be referred to law enforcement authorities. Upon termination, or upon demand by The Shore Board LLC, you must destroy all materials obtained from The Shore Board LLC and all related documentation. Unauthorized access to any of our Web Sites is a breach of these TOU and a violation of the law. You agree not to access our Web Sites other than through the interface that is provided by The Shore Board LLC for use in accessing our Web Sites. You agree not to use automated means, including, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our Web Sites, except those automated means that have been approved in advance and in writing.
Nonpayment will be terminated upon tenth (10th) day of billing cycle. Our ten percent (10%) deposit is non-refundable by any means to accounts left vacant. If the party makes payment from a delinquent status, The Shore Board LLC has the right to waive or alter the ten percent (10%) fee. There will be a restoration fee in place or in addition to the original ten percent (10%) deposit fee. These terms and stipulations will be explained to the customer prior to signing contract and agree with referencing to our TOU that we have explained that in such matter to avoid legal action taken against The Shore Board LLC.
You are solely responsible for compliance with local laws, rules, and regulations in connection with your use of our Web Sites and Content, including, those governing your transmission or use of any software or data without limitation.
If you do not agree to our TOU, you should stop using our Services.
You agree to defend, indemnify and hold unaccountable The Shore Board LLC, subsidiaries, affiliates with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, attorneys’ fees included arising in connection with these TOU, including, with no limitation implied: (a) your use of the Web Sites; (b) your violation of The Shore Board LLC’s TOU or any law, rule, regulation, including, with no limitation to, those relating to false advertising, intellectual property infringement, defamation of/and authorization; (c) your use of the Content; (d) any use or alleged use of your accounts by any person, whether or not authorized by the person signed; (e) your connection to the Web Sites; or (f) Your involvement contributing to Custom Advertisements. You will cooperate as fully and reasonably as required by The Shore Board LLC in the defense of all claims, The Shore Board LLC retains the exclusive right to assume the exclusive defense of any matter for which you are required to indemnify us, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought up against The Shore Board LLC under the terms and provisions of this Section and in no event shall you settle any claim without The Shore Board LLC’s prior written consent.
We are not held responsibility for the deletion, the failure to send, the miss-delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information. We disclaim any responsibility for, any service outages that are caused by our maintenance on the servers or the technology that underlies our Web Sites, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our boat, acts of nature, war, civil disturbance, act of god, or any other cause beyond our reasonable control.
17.Limitation of Liability
YOU UNDERSTAND AND AGREE THAT THE SHORE BOARD LLC LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEB SITES AS SET FORTH BELOW:
UNDER NO CIRCUMSTANCES SHALL THE COMPANY PARTIES BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE FOLLOWING: (1) OUR WEB SITE, CONTENT, YOUR CONTRIBUTION TO CUSTOM ADVERTISEMENTS; (2) THE USE OF OR INABILITY TO USE, DUE TO PERFORMANCE OF OUR WEB SITE; (3) ANY ACTION TAKEN IN CONNECTION UNDER INVESTIGATION BY COMPANY OR LAW ENFORCEMENT AUTHORITIES PERTAINING YOUR USE OF OUR WEB SITE; (4) ANY ACTION IN CONNECTION OF COPYRIGHT OWNERS; (5) ANY ERRORS ON THE WEB SITE TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY PARTIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (WHETHER CAUSED, IN WHOLE ORPART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF OUR WEB SITE;UNDER NO CIRCUMSTANCES WILL THE COMPANY PARTIES OR INDIVIDUALS BE LIABLE TO YOU OR ANYONE FOR THE LOSS, INJURY, DEATH, AND PERSONAL INJURY.
18.Governing Law, Venue and Jurisdiction
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Services or these TOU must be filed within three (3) months after such claim or cause of action arose or be forever barred.
To the fullest extent by the applicable law, you agree that any disputes, claims or causes of action you may have in connection with or related to will be resolved individually, without resort to any form of class action.
You represent that you have all requisite power and authority to agree to be bound by these TOU, and to perform all of the acts and obligations set forth in these TOU upon signature and payment via our agreement.
The Shore Board LLC can elect to resolve any controversy or claim arising out of or relating to these TOU or the Services by binding arbitration. Unless we establish a different location, arbitration hearings will be held in Point Pleasant, New Jersey. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction.
We may be required by state or federal law to notify you of certain issues. You knowingly acknowledge and agree that such notices will be effective upon posting them on our Web Sites. If you do not provide us with accurate information, we will not be responsible for failure to notify you. These TOU, including all Additional Terms, conditions, and policies on the Services, constitute the entire agreement between you and The Shore Board LLC and supersede all prior agreements with respect to the subject matter.
The Shore Board LLC’s failure to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision.
These TOU, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and The Shore Board LLC and govern your use of our Web Sites, superseding any prior agreements that you may have with The Shore Board LLC.
If any part of these TOU is determined to be unenforceable pursuant to applicable law, then the invalid or provision will be deemed superseded by a valid, enforceable provision that closely matches the intent of our original provision and the updated version of the TOU shall continue in effect immediately.