MY BEACH CONCIERGE, LLC

TERMS OF SERVICE 

 

Effective Date: June 1, 2022

 

Please carefully read these My Beach Concierge, LLC (“MBC”) Terms of Service (or “Agreement”) and MBC’s Privacy Policy located at https://www.mybeach-concierge.com/privacypolicy, which is incorporated into these Terms of Service by this reference.  

 

THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE SERVICES. BY USING THE SERVICES, YOU AGREE TO THESE TERMS OF SERVICE, OUR PRIVACY POLICY AND ALL APPLICABLE LAWS AND REGULATIONS.  IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT USE OR PURCHASE THE SERVICES.  IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.

 

  1. Definitions

“Concierge Services” means MBC’s beach and vacation concierge services, as more particularly described on our Website, including, without limitation, beach equipment rental services, porter services and grocery services.

 

“Content” means, collectively, all text, graphics, user interfaces, visual interfaces, photographs (other than those uploaded by Customer), trademarks, logos, sounds, artwork and computer code in the Services. 

 

“Customer” means the person or entity that enters into this Agreement and utilizes and/or purchases the Services.

 

“Linked Sites” means any links from the Services to other independent third-party websites.

 

“Rental Period” means, with respect to Beach Equipment Rental Services, the period of an equipment rental beginning at the time the equipment is set up through the time such equipment is removed.

 

“Service Date” means, in the context of Porter Services, the date when MBC is contracted to arrive and move your items, and in the context of Grocery Services, the date MBC purchases any groceries. 

 

“Services” means collectively, the Concierge Services and the Website.

 

“Submission” means any submission, photographs uploaded or provided by Customer, feedback, comments or suggestions you may provide regarding the Services either directly or indirectly (for example, through the use on a third-party social media site of a company-designated hashtag).

 

The term “you” means Website visitors, Customer, and the individual accepting these Terms of Service on behalf of any legal entity.

 

“Website” means MBC’s website located at https://mybeach-concierge.com and/or http://mybeachconcierge.com.

  2. Proprietary Rights

 

  2.1.    Unless otherwise noted, the Services and Content, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained in the Services is owned, controlled or licensed by or to MBC and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights.  Except as expressly provided in these Terms of Service, no part of the Services and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without MBC’s express prior written consent.

 

  2.2.    You acknowledge and agree that any Submission is non-confidential and non-proprietary, shall be treated as public information, may be shared with others on other sites and platforms (including social media) and is submitted by you in compliance with these Terms of Service.  Submissions that constitute feedback, comments or suggestions will be the sole and exclusive property of MBC and you hereby irrevocably assign to us all of your right, title and interest in and to all such Submissions, and MBC shall have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute and exploit such Submissions in any manner it chooses.   With respect to all other Submissions, you hereby grant MBC an irrevocable, worldwide and perpetual license to use such Submissions as contemplated in these Terms of Service.

 

  2.3.    Your provision of a Submission constitutes a warranty and indemnity that you have sufficient license and/or other rights in the content to allow all desired use by MBC and that the information is submitted to MBC in compliance with all applicable laws.  

 

  2.4.    MBC reserves all rights, title, and interest in and to the Services, including all related intellectual property rights, subject to the limited rights expressly granted hereunder.  

 

  3.      Terms of Sale

  3.1.    All products and services offered by MBC are subject to availability, and we reserve the right to impose limits (including quantity limits) on any order or reject all or any part of an order without prior notice. In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged. Prices for products and services are subject to change at any time, but changes will not affect any order for products and services you have already placed.

  3.2.    By purchasing Concierge Services, you agree to pay the fees for the Concierge Services and any applicable taxes due with respect to your purchase of products or services through our Services. You will be presented with the use plan options and the amount of the associated fees prior to processing the transaction.  You agree to pay any shipping, delivery and handling charges, if any, shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping, delivery and handling charges from time to time, but we will provide notice of the changes applicable to you before you make your purchase. Notwithstanding the generality of the foregoing, MBC’s fees may be seasonal, meaning that there may be higher prices for peak season versus lower rates for off-season. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise in writing via the Services, risk of loss or damage to a product passes to you upon delivery of the product to our designated carrier.

  3.3.    If MBC purchases food and other items on your behalf, you agree to reimburse MBC for all such purchases and pay MBC the associated service fee.  MBC will issue you an invoice coupled with the purchase receipt of the items, and you agree to pay all such invoiced amounts upon receipt in accordance with the payment instructions on the invoice.

  3.4     Except as expressly set forth herein, all fees are non-cancelable and nonrefundable.

 

  3.5.    From time to time we may offer discount coupons, free trials to, or introductory pricing for, the Concierge Services.  These offers may only be available to you only if you have not previously been a customer of MBC.  If you respond to a free trial or introductory pricing offer but do not qualify, we reserve the right to reject your order.

 

  3.6.    Only valid payment methods acceptable to us may be used to complete a purchase via the Services. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your order (including any applicable taxes, fees, delivery, shipping and handling charges). 

 

  3.7.    We use third party payment processors to process all payments. MBC’s relationship with its payment processors is contractual in nature, as each payment processor is a third-party vendor to MBC and is in not subject to MBC’s direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers or the like.

 

  3.8.    A non-refundable fee in the amount of the maximum permitted under applicable law, will be assessed for any returned or non-sufficient funds check including stop payments, regardless of the reason it was returned.

  3.9.    Beach Equipment Rental Services Terms. To the fullest extent permitted under applicable law: 

 

   3.9.1 Special Promotions - MBC may run special equipment rental promotions from time-to-time. These promotions may include a percentage off an entire equipment package(s) or on an individual item(s). If for any reason or not reason at all MBC must cancel a reservation day, a promotion that provides a free day would not be refunded as the cancelled day would be considered the free day. If a promotion has a percentage off for a day, only the amount collected would be subject to Cancellation section, Section 3.9.2.

 

3.9.2  Cancellation– rentals must be cancelled 30 days or more prior to the first day of Rental Period (i.e., the date when beach equipment is to be set-up). Any cancellation within 30 days may result in forfeiture of the full invoice amount. MBC reserves the right to cancel your reservation for a portion or all of your reservation at any time and for any reason.

 

  3.9.3  Refund – a full refund minus a $25 service charge will be given for any rental cancelled 30 days or more prior to the first day of the Rental Period. A 50% refund will be given for rentals cancelled within 15-29 days of the first day of the Rental Period minus a $25 service charge. No refund will be provided when the rental is cancelled 14 days or closer to the first day of the Rental Period. MBC reserves the right to issue or not issue a refund for any reason including the defined periods above.  

 

  3.9.4  Weather - If MBC must cancel any day of your reservation due to weather or other unforeseeable circumstances, as defined by MBC, then you will be given the option to reschedule or receive a refund for the cancelled day per our Refund terms. Weather events typically include, but are not limited to, sustained winds of 25 mph or more, projected rain for more than 5 hours during the time when the equipment is typically set up, and/or severe weather events such as tornado, tropical storm, or hurricane watches or warnings. Should severe weather occur during your rental time, you agree to secure all MBC equipment and leave to take adequate shelter for your safety. No Refund will be provided if the equipment is removed early due to weather.

  3.9.5  Date change – changes in your Rental Period will be accepted if the changes are for a later date no more than 3 months after your initial Rental Period AND if MBC has equipment available for the requested period. You need to notify MBC as soon as you know you need a date change. Any cancellations will follow the above policy.  MBC reserves the right to deny any date change for any reason.

 

  3.9.6  Location change – you agree to provide at least a 12 hour notice should you need to change the location of your rental. The new location must be within MBC’s service area which includes all public beaches on Anna Maria Island. Any location outside of this area may either be denied or a relocation fee assessed. MBC will notify you of any possible relocation fee and you will have the option of accepting the fee or keeping your original location but in any case, you must notify MBC of which option (paying the fee or keeping original location) within the 12 hours to provide MBC time to make the appropriate location adjustment. MBC reserves the right to deny any location change regardless of the above. MBC reserves the right to set up at the original location should you not provide notice of a location change and/or provide your approval of a relocation fee within 12 hours of the reservation date.

 

  3.9.7  Moving of equipment - you agree not to move, adjust the height, or make any other adjustments or modifications to the canopy tent or umbrella. You are allowed to adjust and/or move other equipment so long as it is not placed in the water or in an area where the water may come in contact with the equipment. Also, the equipment must stay within 25 feet (8 meters) of the tent or umbrella and as not to break, bend, twist, pull off, or cause any other damage to the equipment. See Section 3.9.9.

  3.9.8  Allowing others not in your party to utilize the rented equipment - you agree to not provide approval to, or perform any other act, verbal or non-verbal, as to give or suggest that a person or persons not in your party are allowed to use in any way the rented equipment while you are or are not present. You agree the rented equipment is to be solely used by you and/or your party. You agree you are the sole person responsible for the rented equipment once set up is complete and up until it is removed from the designated location.

 

  3.9.9  Lost, stolen or damage/destruction of property – you agree to immediately notify MBC if any of the rented equipment is either not at the agreed location and/or damaged either when you arrive or damaged during the Rental Period. If any equipment is damaged during your Rental Period, you agree to immediately discontinue the use of such equipment. MBC’s beach and sling chairs have a 240 lb (109 kg) weight limit. The Zero-Gravity chairs have a 330 lb (150 kg) weight limit. You agree that this weight limit shall not at any time be exceeded, either by a single individual or item or in combination with others and/or items adding weight to the chair. You agree that you are responsible for all MBC rental equipment at your location and during your Rental Period and will reimburse MBC for any equipment lost, stolen, or damaged during your Rental Period for any reason.

 

  3.9.10  Assumption of Risks – there are inherent risks associated with being on the beach due to but is not limited to the sun, wind, rain, hail, lightening, temperature, sand, ocean waves and currents. You and on behalf of other users of MBC’s services and equipment, your and their heirs, executors, administrators, and assignees, et al. (“Your Party”) acknowledge that you and Your Party are at the beach at your own free will and are using the rental equipment at your own risk. You accept full responsibility for yourself and all users of the rental equipment and no one will move or adjust any equipment from their initial position, remove any piece or accessory, or modify the equipment in way. You also agree that all users will be 18 years of age or older or will be directly supervised by someone 18 years of age or older. Furthermore, you agree and acknowledge that you are familiar with all equipment being rented and take full responsibility for all persons and equipment. You acknowledge that you are knowledgeable with all local, state, and federal laws, rules, regulations, codes, and ordinances that are in effect during your Rental Period and will ensure that you and anyone using the rental equipment will abide by them. You acknowledge that failure to abide by all equipment manufacture’s, local, state, and federal guidelines may result in injury, death, and/or loss of income. You also acknowledge that accidents do happen even when taking needed or required precautions.

 

  3.10    Porter Service Terms. To the fullest extent permitted under applicable law:

 

  3.10.1 Cancellation– service must be cancelled 15 days or more prior to the Service Date. Any cancellation within 15 days may result in forfeiture of the full invoice amount. MBC reserves the right to cancel your porter service at any time and for any reason.

 

  3.10.2 Refund – a full refund minus a $25 service charge will be given for any service cancelled 15 days or more prior to the Service Date . No refund will be provided when the rental is cancelled 14 days or closer to the Service Date. MBC reserves the right to issue or not issue a refund for any reason including the defined periods above.

 

  3.10.3 Additional Service Fees – porter service is for a maximum of 4 guests and 2 pieces of luggage, bags, or gear per person but not to exceed 8 items in total no matter the number of people in your party. Each additional person over the maximum allowed of 4 will be an additional charge. Each piece is to weigh no more than 50 lbs. A service charge will be added for each item over 50 lbs. Also, a service charge will be added for each item over the 8 item limit when there are no more than 4 persons to your party.  Please refer to our Website for the amount of the service charges described in this Section 3.10.3.

 

  3.10.4 Luggage, bags, or gear – items such as purses, make-up bags, laptop backpacks, or other small items do not count in the total in Section 3.10.3. Small items are defined as personal items that would fit under an airplane seat. Items that would not fit under an airplane seat and would have to be stowed in an over-head bin or checked by an airport attendant would be considered as items that would need to be included in the maximum total as defined in Section 3.10.3.

 

  3.11   Grocery Service Terms. To the fullest extent permitted under applicable law:

 

  3.11.1 Cancellation– grocery service must be cancelled prior to the Service Date for you to not be charged for the groceries and any related delivery fee. MBC reserves the right to cancel your grocery service at any time and for any reason.

 

  3.11.2 Refund – the $25 service charge fee is non-refundable. No refund will be provided for any groceries purchased on your behalf including any resulting increase in the service fee. Groceries purchased for you under this Agreement where you wish the groceries to no longer be delivered to your requested location will be under the discretion of MBC to do with them as MBC sees fit. MBC reserves the right to issue or not issue a refund for any reason.

  3.11.3 Rental company authorization – you agree to provide MBC with the phone number and email of the person(s) whom you rented from or your rental company and/or agent. You also agree to allow MBC to contact the person(s) whom you rented from or your rental company and/or agent to obtain access to the location where the groceries are to be delivered.  You agree to provide the contact information prior to the purchase of the groceries for timely access. Failure to provide the contact information timely will result in the cancellation of the order and forfeiture of any refund in Section 3.11.2.

  3.11.4 Grocery Store Purchase - groceries will be purchased from the store of MBC's choosing.

  3.11.5 Groceries - MBC will purchase items from your list and reserves the right to purchase similar items (type, make, brand, etc) if item(s) are not in stock or unavailable at the time of purchase. You agree to reimburse MBC for all groceries purchased including when substitutions are made.

 4.     Use of Services; Acceptable Use Policy

 

  4.1    You agree to accurately maintain and update any information about yourself that you have provided to MBC. You also agree to immediately notify us of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Services by emailing info@mybeachconcierge.com. In addition, you agree to keep confidential your username and password and to exit from your user account at the end of each session. MBC explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section. You may not use anyone else’s account at any time.

 

  4.2.    Customer represents and warrants that its use of the Services will comply with all applicable federal, state, and local laws and regulations; and (b) it has and will have the necessary rights and consents in and relating to allowing MBC personnel into the Customer’s property in order to provide Services (as applicable). 

 

  4.3     In connection with your use of the Services, you agree that you will not:

 

  4.3.1  post, upload, publish, submit or transmit any material that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any other person; or (g) promotes illegal or harmful activities or substances;

 

  4.3.2  interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

 

  4.3.3   violate any local, state, provincial, national, or other law or regulation, or any order of a court;

 

  4.3.4   “scrape,” “crawl” or “spider” any web pages or other services contained in the Services;

 

  4.3.5.  display, mirror or frame the Services, or any individual element within the Services, MBC’s name, any MBC trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without MBC’s express written consent;

 

  4.3.6   access, tamper with, or use non-public areas of the Services, MBC’s computer systems, or the technical delivery systems of MBC’s providers;

 

  4.3.7.  attempt to probe, scan, or test the vulnerability of any MBC system or network or breach any security or authentication measures;

 

  4.3.8.  avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by MBC or any of MBC’s providers or any other third party (including another user) to protect the Services or any of the content on the Services;

 

  4.3.9.  attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services; or

 

  4.3.10 advocate, encourage, or assist any third party in doing any of the foregoing.

 

  4.4     Any conduct by a Customer that in our discretion restricts or inhibits any other user from using or enjoying the Services is expressly prohibited. 

 

  4.5.    MBC reserves the right, at any time, without notice: (a) to modify, suspend or terminate operation of or access to the Services, or any portion of the Services at any time; (b) to modify or change the Services, or any portion of the Services, and any applicable policies or terms; and (c) to interrupt the operation of the Services, or any portion of the Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

  5.  Copyright Policy 

 

We do not permit copyright infringing activities and infringement of intellectual property rights on the Services and will remove any such content if properly notified that such content infringes another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

 

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;

  • description of the copyrighted work that you claim has been infringed;

  • description of the material that you claim is infringing and where it is located on the Services;

  • identification of the URL or other specific location on the Services where the material that you claim is infringing is located;

  • your address, telephone number, and email address;

  • statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  • statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

You can contact our Copyright Agent via email at info@mybeachconcierge.com or by mail at Legal Department - Copyright, c/o My Beach Concierge, PO Box 20222, Bradenton, FL 34204.

 

Upon receipt of such notice, we will investigate and remove material if necessary. You will be notified of the results of such investigation.

 

  6. Term; Suspension; Termination

 

  6.1  MBC may, in its sole discretion, without prior notice and to the extent applicable, suspend or terminate your access to the Services and/or block your future access to the Services if we determine that you have violated these Terms of Service (including for non-payment of fees) or other agreements or guidelines which may be associated with your use of the Services. You also agree that any violation by you of these Terms of Service will cause irreparable harm to MBC for which monetary damages would be inadequate, and you consent to MBC obtaining any injunctive or equitable relief that MBC deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies MBC may have at law or in equity.

 

  6.2  With respect to any termination or cancellation of this Agreement, you shall remain responsible for any fees, costs or expenses incurred prior to termination of this Agreement.  Additionally, you shall be responsible for, and you agree to pay, any legal fees, court costs or expenses associated with enforcing the terms of this Agreement, whether upon termination or otherwise.

 

  6.3  The provisions of this Agreement concerning prohibited activities, copyrights, trademarks, Submissions, disclaimers, limitation of liability, resolution of disputes, indemnity and jurisdictional issues shall survive any such termination or any other termination of this Agreement.

 

  7.  Disclaimers; Limitation of Liability

  7.1   THE PRODUCTS AND SERVICES AND CONTENT OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS, AS AVAILABLE.”  ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW. 

 

  7.2.  The above disclaimer applies to any damages, liability or injuries, whether for breach of contract, tort, negligence or any other cause of action.

 

  7.3.   EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT AND UNDER NO LEGAL THEORY OF RECOVERY, WHETHER TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, WILL MBC, ITS MANAGERS, MEMBERS, EMPLOYEES, OR ITS THIRD PARTY LICENSORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF MBC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MBC’S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS, REGARDLESS OF THE FORM OF ACTION OR CLAIM, EXCEED $100.00 OR THE TOTAL PRICE CHARGED BY MBC AND PAID BY YOU, FOR THE APPLICABLE SERVICES GIVING RISE TO THE CLAIM, WHICHEVER IS GREATER.  THE LIMITATIONS HEREIN CONSTITUTE BUSINESS UNDERSTANDINGS BETWEEN MBC AND YOU AND SHALL APPLY TO ALL CAUSES OF ACTION OR LEGAL THEORIES OF RECOVERY, EXCEPT LOSSES OR DAMAGES FOUND TO HAVE BEEN CAUSED BY MBC’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.  YOU ALSO AGREE NOT TO SEEK DAMAGES IN EXCESS OF THE LIMITATIONS HEREIN AGAINST MBC’S MANAGERS, MEMBERS, EMPLOYEES, LICENSORS, SUPPLIERS OR ANY OTHER PARTY WHO MAY JOIN MBC AS A THIRD-PARTY DEFENDANT.

 

  8. Indemnity.  You agree on behalf of yourself and all individuals in your party to indemnify and hold harmless, release, acquit, relinquish and discharge MBC, its members, employees, contractors, agents, representatives, suppliers, and other related third parties (“MBC’s Parties”) from any and all claims, action, liabilities, fines, fees, demands, suits, judgements, losses, expenses (including attorneys’ fees), liabilities, liens, debts, charges, penalties, forfeitures, and/or damages including but not limited to personal injury, death, property damage sustained by you, anyone in your party, or any other third party which arose in connection with: (a) this Agreement, including any direct or indirect contact with MBC’s Services, or any items in connection with the provision of the Services (including beach equipment and groceries) during or after your Rental Period or Service Date, as applicable, and whether or not the items were damaged, including any negligence known, unknown, or accused of MBC or MBC’s Parties; (b) your violation of this Agreement or any applicable law or regulation; (c) your violation of any rights of any third party; or (d) any disputes or issues between you and any third party.  

 

  9. Governing Law; Dispute Resolution.   You agree that all matters relating to your access to or use of the Services, including all disputes, will be governed by the laws of the State of Florida excluding: (a) its conflicts of law principles; and (b) the United Nations Convention on Contracts for the International Sale of Goods, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Services shall be subject to the exclusive jurisdiction of the state and federal courts located in Manatee County in the State of Florida. The prevailing party in any dispute, whether or not suit is brought, shall be entitled to an award of its reasonable attorneys’ fees actually incurred. YOU AGREE THAT NO CLASS ACTION MAY BE PURSUED OR MAINTAINED WITH RESPECT TO ANY DISPUTE REGARDING THESE TERMS OF SERVICE OR USE OF THE SERVICES.

 

  10.  Users Outside of the United States.  

  10.1    MBC and the Services are headquartered in the United States, although our cloud platform has servers in Ireland and Israel for our non-U.S. customers. While the Services are accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Services are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. If you choose to access the Services from outside the United States, you do so on your own initiative, and you are solely responsible for complying with applicable local laws.

 

  10.2  Canada. The parties declare that they have required that these Terms of Service and all documents related hereto, either present or future, be drawn up in the English language only.  Les parties déclarent par les présentes qu’elles exigent que cette entente et tous les documents y afferents, soit pour le present ou le future, soient rédigés en langue anglaise seulement.

 

11.  Miscellaneous

 

  11.1    The Services may contain Linked Sites, which are provided solely as a convenience to our users. Such Linked Sites are not under MBC’s control and MBC is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. 

 

  11.2    You may preserve these Terms of Service in written form by printing it for your records, and you waive any other requirement that these Terms of Service be evidenced by a written document. 

 

  11.3.   You may not use or export or re-export any product or service offered via the Services, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

 

  11.4    All provisions of these Terms of Service are severable, and the unenforceability or invalidity of any of the provisions will not affect the enforceability or validity of the remaining provisions. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.

 

  11.5.   These Terms of Service, together with the Privacy Policy and any other legal notices published by MBC, constitute the entire agreement between you and MBC with regard to your use of the Services. MBC reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Service, at any time upon notice to you. Your continued use of the Services following the posting of changes indicates your agreement to and acceptance of the changes. If you do not agree with the modified terms, you may cancel your subscription. We last modified this Agreement on the date listed at the top of these Terms of Service.

 

  11.6    MBC’s failure to insist on or enforce strict performance of these Terms of Service shall not be deemed a waiver by MBC of any provision or any right it has to enforce these Terms of Service.  Any such waiver must be in writing in order to be effective.  Except as expressly set forth herein, these Terms of Service shall not be interpreted or construed to confer any rights or remedies on any third parties.

 

  11.7    This Agreement is binding on the parties hereto and their respective successors and permitted assigns. Customer may not assign this Agreement without the prior written consent of MBC. Any assignment in violation of this section is void.

 

  11.8    MBC’s failure to perform any term or condition of this Agreement as a result of conditions beyond its control, including but not limited to, acts of God, war, strikes, fires, weather alerts or events, such as those related to floods, tornadoes, tropical storms, and hurricanes, governmental restrictions, power failures, pandemics or damage or destruction of any network facilities or servers, shall not be deemed a breach of this Agreement. In the event that MBC is not able to provide Services during such event, during such period Customer’s obligation to pay for the Services shall be suspended.

 

  11.9    No text or information set forth on any other purchase order, preprinted form or document shall add to or vary the terms and conditions of this Agreement.

 

  11.10  The parties are independent contractors. No joint venture, partnership, employment, or agency relationship exists between Customer and MBC as a result of this Agreement or use of the Services.

 

  11.11  Notice for California Users. Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

 

Questions and Contact Information

 

Please contact us if you have any questions about our Terms of Service. You may contact us by sending correspondence to the address below or by emailing us at info@mybeachconcierge.com.  

 

My Beach Concierge

PO Box 20222

Bradenton, FL 34204