Terms of Service

1. Definitions

• “Service” means the BerthRight platform, including websites, software, mobile interfaces, and related services.
• “Marina Operator” means a business that licenses BerthRight to manage its marina operations.
• “End User” means a boater, slip renter, or prospective customer who interacts with a Marina Operator through the Service.
• “User” means any Marina Operator or End User.
• “Content” means text, data, images, and other information submitted to or displayed through the Service.

2. Eligibility

You must be at least 18 years old and capable of entering into a legally binding agreement to use the Service. By using the Service, you represent and warrant that you meet these requirements.

3. Accounts

Registration. Certain features require you to create an account. You agree to provide accurate, current, and complete information and to keep it updated.

Security. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us immediately of any unauthorized access.

Termination. We may suspend or terminate accounts that violate these Terms, pose a security risk, or are inactive for extended periods.

4. Use of the Service

4.1 End Users

End Users may use the Service to submit inquiries, request slip reservations, make payments, receive communications, and manage their interactions with a Marina Operator.

4.2 Marina Operators

Marina Operators may use the Service to manage slip inventory, reservations, billing, customer communications, and related operations, subject to a separate subscription or license agreement with BerthRight.

4.3 Prohibited Conduct

You agree not to:

• Use the Service for any unlawful, fraudulent, or harmful purpose
• Infringe the intellectual property or privacy rights of others
• Upload or transmit viruses, malware, or other harmful code
• Attempt to gain unauthorized access to the Service or its underlying systems
• Interfere with or disrupt the integrity or performance of the Service
• Reverse engineer, decompile, or disassemble any part of the Service
• Use the Service to send spam or unsolicited communications
• Scrape, harvest, or collect data from the Service without authorization
• Impersonate any person or misrepresent your affiliation

5. SMS / Text Message Communications

By opting in to receive SMS messages through the Service, you agree to these Terms and our Privacy Policy.

• Consent. You opt in by submitting an inquiry form or account registration with the SMS consent box checked, or by otherwise providing express consent.
• Message types. You may receive messages including inquiry confirmations, reservation updates, slip availability notifications, payment reminders, dock arrival instructions, account verification codes, and service-related updates.
• Frequency. Message frequency varies based on your activity and reservations.
• Rates. Message and data rates may apply. Consent to receive SMS is not a condition of any purchase.
• Opt-out. Reply STOP to any message to unsubscribe. Reply HELP for assistance.
• Carrier liability. Carriers (such as Verizon, AT&T, T-Mobile) are not liable for delayed or undelivered messages.

6. Payments

End User payments. Payments for slip reservations, services, and related fees are processed through our third-party payment processor (currently Stripe). You authorize the applicable charges and agree to the payment processor's terms.

Marina Operator subscriptions. Marina Operators pay subscription fees under a separate subscription agreement. Fees are non-refundable except as expressly stated in that agreement.

Taxes. You are responsible for all applicable taxes, except those based on our net income.

Disputes. Billing disputes must be raised within 30 days of the charge.

7. Reservations and Cancellations

Slip reservations, deposits, cancellation policies, and refunds are governed by the terms set by the individual Marina Operator. BerthRight is not a party to the reservation agreement between you and the Marina Operator and is not responsible for enforcing or honoring those terms.

8. Intellectual Property

Our rights. The Service, including its software, design, branding, and content, is owned by OCNJ Watersports Corp and protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service in accordance with these Terms.

Your content. You retain ownership of Content you submit. You grant us a worldwide, royalty-free license to host, use, display, and transmit your Content as necessary to operate the Service.

Feedback. If you provide suggestions or feedback, you grant us an unrestricted right to use it without obligation to you.

9. Third-Party Services

The Service may integrate with third-party services (including Stripe, Twilio, Mailjet, AWS, and others). Your use of those services is governed by their terms. We are not responsible for third-party services, content, or availability.

10. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS WILL BE CORRECTED.

BerthRight does not guarantee slip availability, pricing, or the performance of any Marina Operator.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OCNJ WATERSPORTS CORP AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow certain limitations; in those jurisdictions, our liability is limited to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless OCNJ Watersports Corp and its affiliates from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of your use of the Service, your Content, or your violation of these Terms or applicable law.

13. Termination

We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including violation of these Terms. Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive termination will survive, including intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of New Jersey, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Service shall be resolved in the state or federal courts located in Cape May County, New Jersey, and you consent to the personal jurisdiction of those courts.

15. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated through the Service or by email. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

16. Miscellaneous

• Entire agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and BerthRight regarding the Service.
• Severability. If any provision is found unenforceable, the remaining provisions remain in effect.
• No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Assignment. You may not assign these Terms without our written consent. We may assign these Terms without restriction.
• Force majeure. We are not liable for failures caused by events beyond our reasonable control.

17. Contact Us

For questions about these Terms, contact: