Terms of Service

By accessing or using njbodyboarding.com (the “Site”) or any other part of the Service, you agree to these Terms and to our Privacy Policy. Where we ask you to tick a box agreeing to these Terms, such as when you sign in, place an order or register for an event, that box is how you agree.

If you do not agree, do not use the Service. These Terms apply to everyone who uses it, whether as a visitor, a signed-in user, a customer or an event participant.

Ownership. The content on the Site — text, graphics, photographs, video, logos, icons, forecasts, data compilations and software — belongs to New Jersey Bodyboarding Club LLC or to the people who license it to us, and is protected by United States and international copyright and trademark laws.

Our marks. New Jersey Bodyboarding Club LLC claims common-law trademark rights in the following, as used in connection with the Club’s community, events, merchandise, forecasts and media:

• “New Jersey Bodyboarding Club™”
• “NJBB™”
• “NJBC™”
• our logos, crests, slogans and other branded insignia

What is not allowed. Without our prior written permission, you may not:

• use our marks, or names or logos confusingly similar to them, on goods, services, events, websites, social media accounts or groups in a way likely to make people think they come from, are sponsored by, or are affiliated with the Club;
• impersonate the Club, or falsely claim to be affiliated with, endorsed by, or authorized to act for it; or
• copy, republish or sell content from the Site, except as these Terms or the law allow.

Nothing in these Terms stops anyone from describing bodyboarding in New Jersey, or from truthfully referring to the Club by name, for example in news reporting or commentary. We reserve all rights and remedies available under law against infringing or misleading use. To ask for permission, use the contact details in Section 15.

Some features require you to sign in, for example through Facebook. You are responsible for activity on your account and for keeping your login secure. Give us accurate information, and tell us promptly if you think someone else has used your account. We may suspend or close accounts that break these Terms.

You may be able to post content to the Service, such as check-ins, photos, comments or event entries. You keep ownership of it. By posting it, you give the Club a non-exclusive, royalty-free, worldwide license to host, display, reproduce and share it in connection with the Service and with promoting the Club. You can end this license by deleting the content or asking us to remove it, except for copies already shared or held in routine backups.

You promise that you have the right to post your content, and that it does not infringe anyone’s rights or break these Terms. We may remove any content at our discretion.

Copyright complaints. If you believe content on the Service infringes your copyright, email us at the address in Section 15. Identify the work, say where it appears on the Service, include your contact details, and include a statement that you are acting in good faith. We will remove infringing material when it is properly reported.

You agree to use the Service lawfully and in keeping with the spirit of the bodyboarding community. You agree not to:

• break any applicable federal, state, local or international law or regulation;
• restrict or inhibit anyone else’s use or enjoyment of the Service, or harm the Club or its users;
• post material that is defamatory, obscene, abusive, harassing or discriminatory;
• misrepresent your identity, affiliation or authority to act for any person or entity;
• try to gain unauthorized access to, interfere with, damage or disrupt the Site, its servers, or any connected system or database; or
• use any robot, spider, scraper or other automated means to access the Site or copy its content. This does not apply to search engines that follow our robots.txt file.

We may suspend or end your access to the Service, including our community channels, if you break these Terms.

When you buy merchandise from us, the prices, shipping charges and availability shown at checkout apply. We may correct pricing errors, and we may cancel an order we cannot fulfill and refund it in full. Questions about an order, a return or a damaged item go to the contact details in Section 15.

Events are subject to their own registration terms, and they may require a signed participation waiver and release. Where an event has its own terms or waiver, those govern your participation in that event. A parent or legal guardian must register participants under 18 and sign for them.

Our surf forecasts, hazard notes and spot reports are produced with automated, computer-generated tools from public data sources. They may be wrong, late or incomplete. They are for general information only and are not a safety assessment of any beach or any day.

The Service uses or links to services run by others. These include Facebook, for sign-in and our community group, as well as payment processors and public data providers such as NOAA. Their own terms and privacy policies apply to them. We are not responsible for them.

The Service and its content are provided “as is” and “as available”. To the extent permitted by applicable law, the Club disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Site will be uninterrupted, secure or error-free, or that forecasts, event schedules or other content are accurate or complete.

This section does not limit any warranty that cannot be excluded under applicable law, including New Jersey law.

To the extent permitted by applicable law, the Club and its members, managers, employees, volunteers and agents are not liable for any indirect, incidental, special, consequential or punitive damages arising from your use of the Site or its content. That includes lost profits, lost data or lost goodwill, unauthorized access to our servers, interruptions of the Site, and harmful code introduced by third parties.

To the extent permitted by applicable law, our total liability for any claim arising from your use of the Site is limited to the greater of the amount you paid us in the twelve (12) months before the claim or one hundred dollars ($100).

Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law, including liability for gross negligence, recklessness, or intentional misconduct. Liability for injury at a Club event is governed by that event’s terms and waiver, not by this section.

You agree to defend and indemnify the Club against third-party claims arising from content you post, or from your breach of these Terms or of the law. That includes the Club’s reasonable costs and attorney’s fees.

These Terms are governed by the laws of the State of New Jersey, without regard to its conflict of law principles. Any lawsuit arising from these Terms or the Service will be brought in the state courts sitting in Monmouth County, New Jersey, or in the United States District Court for the District of New Jersey. You consent to the personal jurisdiction of those courts.

Changes. We may update these Terms. When we do, we will change the effective date at the top of this page. For significant changes, we will also tell signed-in users. If you keep using the Service after an update takes effect, you accept the updated Terms.

Severability. If any provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions stay in effect.

Entire agreement. These Terms, the Privacy Policy, and any event terms or waiver you sign are the whole agreement between you and the Club about the Service.

No waiver. If we do not enforce a provision, we have not waived it.

Assignment. We may transfer these Terms to a successor organization, including a nonprofit corporation formed to carry on the Club’s activities. You may not transfer them.

Survival. Sections 2, 4, 10, 11, 12, 13 and 14 survive the end of your use of the Service.

If you have questions about these Terms, or want to ask permission to use our marks or content, contact us:

Entity

New Jersey Bodyboarding Club LLC

Website

njbodyboarding.com

Contact form

njbodyboarding.com/contact

Email

newjerseybodyboardingclub@gmail.com

Mail

1021 Broad St. #1040, Shrewsbury, NJ 07702