Agreement to Terms (Date Last Updated June 1, 2023)
1. Acceptance of Terms
My Beach Mobile (“MBM” or “we”) provides its users (“you” or “user”) with the ability to purchase passes on mobile devices to gain access to municipal facilities and services and any other acts or activities MBM engages in (“Services” or “Service”) through MBM’s mobile app (“app”) and website, subject to your compliance with the following Terms and Conditions of Use (“Terms”), as well as any other written agreement(s) between us and you.
MBM occasionally will update these Terms and will change the “Date Last Updated” reference accordingly. Please check back here periodically for the latest description of the Terms. Continuing to use the Services after any such updates take effect will constitute your acknowledgement and acceptance of those changes. If you do not wish to acknowledge or accept any updates to these Terms, you may delete your account.
MBM utilizes and partners with third-party companies, including Stripe and municipalities, to provide the Services. Note that these third-party companies are not operated by MBM, and these companies do not share the same Terns. MBM has no control over and assumes no responsibility for the content, privacy policies, practices, or terms of any third-party companies utilized by MBM.
BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS, PLEASE EXIT MBM’S WEBSITE AND/OR APP AND DELETE YOUR ACCOUNT. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO CEASE USING THE SERVICES. THESE TERMS ARE EFFECTIVE ONCE YOU CLICK YOU HAVE READ AND AGREED WITH THESE TERMS PRIOR TO SIGNING UP FOR AN MBM ACCOUNT OR THROUGH NAVIGATION OF THE WEBSITE.
No Guarantee. Although MBM works hard to provide quality Services you understand and acknowledge that we cannot promise or guarantee specific results from using the Services.
Temporary Interruptions. You understand and agree that temporary interruptions of the app may occur as normal events that are out of MBM’s control. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with the Service. You agree that the Service provided is “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store or provide any Services.
3. Payment, Fees, Refunds
Payment. Any charges incurred by your purchase or use of the Services, will be billed to the credit card you have provided. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, and address.
Fees. If you choose to purchase one or more of the passes or tickets provided on the app, you will be charged in addition to the cost of the passes or tickets a fee. This fee consists of any third-party payment processing fees as well as a convenience fee charged by MBM. The total fee is displayed as a separate line item on the purchase confirmation screen prior to finalizing any purchase.
Refunds. All purchases on the app are NONREFUNDABLE FOR ANY REASON, including, but not limited to, closures, inclement weather, personal illness, closed municipal facilities or beaches, malfunctioning equipment, user mistake, and purchases made for wrong beaches.
4. Third Parties
Third-Party Sites and Information. MBM may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by third parties, including Stripe and New Jersey municipalities. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either express or implied.
5. Company Intellectual Property
Content. For purposes of these Terms, “Content” is defined as any information, communications, software, published works, photos, videos, graphics, music, sounds, or other material that can be viewed by users on MBM’s website, app, or in marketing materials is owned by MBM.
Ownership of Content. By accepting these Terms, you agree that all Content presented to you on MBM’s website or app or utilized by the MBM website or app are protected by any and all intellectual property and/or other proprietary rights available within the United States, and is the sole property of MBM. Nothing in these Terms grants you any right to use any of MBM’s Content.
Certain of the ideas, software and processes incorporated into the app are protected by patent application pending in the United States.
6. Privacy & Security
Login Required. In order to access the Services, you must set up an account, password, and provide credit card information (“Registration Info”). MBM’s account registration and sing-up process requests certain additional Registration Info from you. You will have the ability to maintain and periodically update your Registration Info as you see fit. By registering, you agree that all information provided by you as Registration Info is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
Passwords & Security. If you register for an account, you agree that you are responsible for maintaining the security and confidentiality of your password, and that you are fully responsible for all activities or charges that are incurred under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account.
ALL CONTENT AND OFFERINGS ON MBM’S WEBSITE AND APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF THE SERVICES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
MBM’S WEBSITE AND APP COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE SERVICES, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR OFFERINGS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR PRODUCTS AVAILABLE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS.
THE USE OF THE OFFERINGS OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY PRODUCTS OR CONTENT THROUGH MBM’S WEBSITE OR APP IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, PHONE, OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY, OR IN CONNECTION WITH THE SERVICE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OFFERINGS OR CONTENT AVAILABLE ON OR THROUGH MBM’S WEBSITE OR APP FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
8. Limitation of Liability & Indemnification
Your exclusive remedy and MBM’s entire liability, if any, for any claims arising out of these Terms and your use of MBM’s website and app shall be limited to the amount you paid MBM for its services before the act giving rise to the liability.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF MBM’S WEBSITE OR APP OR OF ANY WEBSITE REFERENCED OR LINKED TO, WHETHER OR NOT THROUGH MBM’S OWN NEGLIGENCE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OUR OFFERINGS OR CONTENT OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
You agree to defend, indemnify, and hold MBM harmless from all liabilities, claims, and expenses, including attorneys’ fees that may arise from your use or misuse of MBM’s website, even if the liabilities, claims, and expenses arise out of MBM’s own negligence. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
9. Termination of Use and Prohibited Use
Grounds for Termination. You agree that we may, at our sole discretion, terminate or suspend your access to the Service with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive, misuse, or illegal activity may be grounds for barring your access to the Service, and reporting you to the proper authorities, if necessary.
No Right to Offerings Upon Termination. Upon termination and regardless of the reason(s) motivating such termination, your right to use the Service, and the products on the Service, will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith. You will not be entitled to a refund if your right to the Service has been terminated.
Prohibited Use. Screen recording and screen shots are strictly prohibited when using the app. The sharing of your user/log-in credentials with any other user or potential user is strictly prohibited. The sharing of digital passes or tickets is strictly prohibited.
Minors between the ages of 13 and 17 may only use the Service with the involvement, supervision, and approval of a parent or legal guardian.
Minors under the age of 13 may not use this Service.
When registering for an Account (“Account”) on the app, you agree that all information you provide will be accurate, truthful, current and complete. Only one Account is permitted per user.
To create an Account, you must not have more than one Account and you have not previously been terminated from the Services, unless you have MBM’s express written permission to create a new Account.
Unless expressly permitted in writing by MBM, you may not sell, rent, lease, share, or provide access to your Account to anyone else. We reserve all available legal rights and remedies to prevent unauthorized use of and access to the Services.
You may deactivate your Account at any time. To do so, please explicitly delete your account through the app Settings and Delete Account function.
11. Miscellaneous Provisions
Governing Law. The statutes and laws of New Jersey shall be controlling without regard to the conflicts of laws principles thereof in resolving any disputes as a result of the Service. You agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of New Jersey or the U.S. District Court for the District of New Jersey with respect to such matters controlled by that court.
Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of Services arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
Benefit and Binding Effect. These Terms shall be binding upon you by signing up for the Service or navigating MBM’s website.
Entire Agreement. These Terms supersede any and all other agreements, either oral or in writing, with you.
Severability. If any part of these Terms is held to be unenforceable or in conflict with any laws, the validity of the remaining parts or provisions of these Terms shall not be affected by such determination.
Headings. The headings of the sections, paragraphs, and subsections of these Terms are inserted for convenience only and do not in any way limit or modify its terms.
Changes. MBM may update these Terms from time to time. Thus, you are advised to review this page periodically for any changes. MBM will notify you of any changes by posting the new Terms on this page. These changes will be effective immediately after they are posted on this page. If you have any questions regarding these Terms, you may contact us at firstname.lastname@example.org or 609-200-1839.
Dispute Resolution. Any controversy, dispute, or claim of any nature arising out of, in connection with, or in relation to the interpretation, performance, enforcement or breach of these Terms or the use of MBM’s website or app, including any claim based on contract, tort or statute, shall be resolved by binding arbitration. The arbitration shall be administered in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any matter to be settled by arbitration shall be submitted to the American Arbitration Association in New Jersey. The parties shall attempt to designate one arbitrator from the American Arbitration Association. If they are unable to do so within 30 days after written demand therefor, then the American Arbitration Association shall designate an arbitrator. The arbitration shall be final and binding and enforceable in any court of competent jurisdiction. The arbitrator shall award attorneys' fees (including those of in-house counsel) and costs to the prevailing party and charge the cost of arbitration to the party which is not the prevailing party. You understand by agreeing to these Terms, you are giving up your right to a trial by jury or for a judge to determine any claims.