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Website Terms Of Use Agreement + Rental Agreement

Cancellation Policy

You may cancel your order up to 12-hours prior to your confirmed booking date and time and your entire fee will be refunded. Anytime within 12-hours and the entire fee is due.

Terms of Use

READ CAREFULLY.

This Terms of Use Agreement ("Terms of Use") applies to use of the Rockaway Beach Shop, Inc websites located at http://www.beachtripper.com, http://www.beachtripping.com and http://www.rockawaybeachshop.com  (collectively, the "Site"), whether directly or through mobile access using compatible and supported wireless devices. The Site is the property of Rockaway Beach Shop, Inc, Inc. (together with its affiliated companies, "Rockaway Beach Shop, Inc"). Before you make any purchases or rentals, you may first need to establish a customer account ("My Account") and agree to the Online Rental Terms and Conditions BY ACCESSING AND/OR USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS OF USE ON YOUR BEHALF AND, IF YOU ARE ACCESSING OR USING THE SITE ON BEHALF OF ANOTHER PERSON OR ORGANIZATION, ON BEHALF OF SUCH PERSON OR ORGANIZATION (collectively, “you”). IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SITE AND YOU MUST IMMEDIATELY CEASE ALL USE OF THE SITE.

Rockaway Beach Shop, Inc reserves the right, at its sole discretion, to change, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use each time before using the Site. Your continued use of the Site following the posting of changes manifests your agreement to the changes. You agree that all subsequent purchases or rentals by you will be subject to the terms and conditions of these Terms of Use, which shall apply until we post a modified Terms of Use and then in accordance with such modified Terms of Use. As long as you comply with these Terms of Use and any such modifications, Rockaway Beach Shop, Inc grants you ("you") a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the Site.

1. Content and Intellectual Property.

A. Rockaway Beach Shop, Inc Content, Copyright and Trademark Notice.

All media (downloaded or samples), software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on the Site (collectively, "Content"), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site, is owned or licensed by or to Rockaway Beach Shop, Inc, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws. Except as expressly provided in this Terms of Use, no part of the Site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Rockaway Beach Shop, Inc’s prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the Content, and Rockaway Beach Shop, Inc reserves all rights not expressly granted hereunder. Rockaway Beach Shop, Inc expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site.

ROCKAWAY BEACH SHOP, INC, the Rockaway Beach Shop, Inc’s elliptical design and other trademarks used on the Site, are registered trademarks or service marks of Rockaway Beach Shop, Inc. All other trademarks or service marks are property of their respective owners. The use of any Rockaway Beach Shop, Inc or Beach Tripper trademark or service mark without Rockaway Beach Shop, Inc’s express written consent is strictly prohibited.

 

B. User Content and Submissions, Licenses

You understand and agree that all information, data, text, software, music, sound, images, photographs, graphics, video, advertisements, messages, trademarks, logos, artwork or other materials submitted, posted or displayed by you on or through the Site ("User Content") is the solely your responsibility. Rockaway Beach Shop, Inc makes no claims of ownership or control over any User Content. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any User Content you submit, post or display on or through the Site and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying User Content on or through the Site, you grant Rockaway Beach Shop, Inc a perpetual, worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content through the Site and as part of Rockaway Beach Shop, Inc’s services. In addition, by submitting, posting or displaying User Content which is intended to be available to other members of the general public, you grant Rockaway Beach Shop, Inc a perpetual, worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting the Site, Rockaway Beach Shop, Inc, and/or their respective services. Rockaway Beach Shop, Inc will discontinue this licensed use within a commercially reasonable period after such User Content is removed from the Site. Rockaway Beach Shop, Inc reserves the right to refuse to accept, post, display or transmit, or to disable or terminate any post, display, or transmission of, any User Content in its sole discretion, but shall have no obligation to do so, and no obligation to monitor any User Content.

You agree that you will not use the Site in a manner that, or submit any User Content that: (i) violates any federal, state, provincial, local, or international law or regulation; (ii) may, in our sole discretion, contribute to the harassment, exploitation, or harm of any person, including activities that may be defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable; (iii) may expose Rockaway Beach Shop, Inc to any liability, including by posting any material that infringes on or misappropriates the intellectual property rights of third parties; (iv) may be harmful to others, Rockaway Beach Shop, Inc’s operations, or Untied Rentals’ reputation, including offering or disseminating fraudulent goods, services, schemes, or promotions (e.g. get-rich-quick schemes, Ponzi or pyramid schemes, phishing, or pharming) or engaging in other deceptive practices; or (v) involves content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including  viruses, Trojan horses, worms, or other malware.

If you post User Content in any public area of the Site, you also permit any user to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on the Site retains any and all rights that may exist in such User Content. Rockaway Beach Shop, Inc may, in its sole discretion, review and remove any User Content for any reason, such as but not limited to User Content that violates these Terms, violates intellectual property and/or other laws, rules or regulations, is abusive, disruptive, offensive or illegal, violates the rights of, or harms or threatens the safety of, users of the Site or third parties, or is inconsistent with the policies or positions of Rockaway Beach Shop, Inc and/or the Site. Rockaway Beach Shop, Inc reserves the right to expel you and/or any other users and prevent their further access to the Site and/or use of Rockaway Beach Shop, Inc services for posting User Content that is subject to termination or for otherwise violating the Terms or applicable laws, rules or regulations. Rockaway Beach Shop, Inc may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for Rockaway Beach Shop, Inc, damage Rockaway Beach Shop, Inc’s brand or public image, or cause Rockaway Beach Shop, Inc to lose users or (in whole or in part) the services of its ISPs or other vendors or suppliers.

Rockaway Beach Shop, Inc does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by users, and does not adopt or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.

Rockaway Beach Shop, Inc reserves the right to restrict the number of posts, e-mails, transmissions, or other messages which a user may send or display to other users to a number which Rockaway Beach Shop, Inc deems appropriate in its sole discretion.

 

2. Registration, Customer Account and Use of Site.

Certain services offered on or through the Site may require you to first open an Account. You are responsible for maintaining the confidentiality of your Account information, including your password, and for all activity that occurs under your Account. You agree to notify Rockaway Beach Shop, Inc at the address set forth below immediately of any unauthorized use of your Account or password, or any other breach of security. You may be held liable for losses incurred by Rockaway Beach Shop, Inc or any other user of the Site due to someone else using your password or Account. You may not use anyone else's password or customer account at any time. You may not attempt to gain unauthorized access to Accounts or the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your customer Account will be terminated, and Rockaway Beach Shop, Inc may seek other relief. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your Account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the Account button and selecting the appropriate link. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site.

You also agree that Rockaway Beach Shop, Inc may, in its sole discretion and without prior notice to you, terminate your access to the Site and your Account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others' attempting to do so, (2) overcoming software security features limiting use of or protecting any Content, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of this Terms of Use, (5) failure to pay for purchases or rentals, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that Rockaway Beach Shop, Inc will not be liable to you or to any third party for termination of your access to the Site.

Rockaway Beach Shop, Inc reserves the right to investigate complaints or reported violations of these Terms of Use, applicable licenses and/or copyright information on the Site, and to take any action they deem appropriate, including, without limitation, reporting and providing information of any suspected unlawful activity to law enforcement officials, regulators, or other third parties, including disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

The Site is intended only for users who are above 13 years of age. By using the Site, you represent and warrant that you are over the age of 13 and that you reside in and are accessing the Site from within the United States. If you do not meet these requirements, you must not access or use the Site in any way.

3. Consent to Collection, Use and Disclosure of Your Personal Information.

As more fully described in our Privacy Policy, (click here to view), you must disclose certain personal information and financial information to use our Site, register, and make purchases or rentals. As a condition of registering with our Site or making any purchases or rentals of any products and/or services or conduct any transactions, you represent that you have first read our Privacy Policy and consent to the collection, use and disclosure of your personal information, financial information, and other information as described in our Privacy Policy. Our Privacy Policy's terms and conditions will change from time to time, and as a condition of browsing the Site, using any features or making any purchase or rental, you agree that you will first review our Privacy Policy prior to making any initial or subsequent purchases or rentals or using any features of the Site.

Any information collected through our Site may be stored and processed in the United States or any other country in which Rockaway Beach Shop, Inc operates. By utilizing our Site, you consent to any such transfer of information outside of your country of residence.

While Rockaway Beach Shop, Inc takes reasonable steps to safeguard and to prevent unauthorized access to your personal information and financial information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL ROCKAWAY BEACH SHOP, INC OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER ROCKAWAY BEACH SHOP, INC WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

4. Consent to Our Communication with You by E-Mail.

By establishing an Account with us, and each time you make a purchase or rental, request a quote, or otherwise use our Site, you grant permission for Rockaway Beach Shop, Inc to contact you at your e-mail address. To stop receiving our marketing emails, please contact us at MKT-Web@ur.com, urcontrolsupport@ur.com (for URControl.com users) or totalcontrolsupport@ur.com (for TotalControl.com users), or contact our Privacy Officer at:

Attn: Privacy Officer
Rockaway Beach Shop, Inc
167 Beach 100th St. Rockaway Park, NY 11694

Please be sure to include your full name, address, telephone number and email address so that we may reach you with a response. You may also call 833.333.4386

5. Conditions of Sale/Rental and Payment Terms.

To purchase or rent any goods and/or services on our Site, you must be at least eighteen (18) years of age or the applicable state or provincial age of majority if greater. Prior to the purchase or rental of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales and rentals of products and services are final. All charges from those sales and rentals are nonrefundable.

By renting or buying any goods and/or services on our Site you agree to be bound to the Rental Terms of Use, as amended from time to time (collectively the “Rental Agreement”). Such terms and conditions include, but are not limited to, indemnification and limitation of liability provisions that may affect your liability and that of Rockaway Beach Shop, Inc. You acknowledge that the Rental Agreement terms and conditions may change over time and agree to be bound by such terms and conditions in use at the time of each rental or sales transaction in the jurisdiction where the purchase or rental occurs. The terms and conditions of the Rental Agreement are incorporated herein by reference. A hardcopy of the current Rental Agreement is also available upon request.

Certain products and services offered for sale or rental through the Site may include delivery, or other fees, as further described in the applicable Rental Agreement. In some cases, you may opt-out of these fees through the Site or by making alternative arrangements (for example, by picking up equipment rather than having it delivered). If you have any questions about such fees, please contact us directly before completing any transaction on the Site.

6. Methods of Payment, Credit Card Terms and Taxes.

All payments must be made by PayPal, Stripe or other payment form such as VISA, MasterCard, Discover, American Express, certified check or cashier's check, or, in certain cases with prior approval, purchase order, personal check or business check. We currently do not accept cash, personal or business checks. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Terms of Use to determine your rights and liabilities as a cardholder. YOU, AND NOT ROCKAWAY BEACH SHOP, INC, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases and rentals (including any applicable taxes) at the rates in effect when the charges were incurred. If Rockaway Beach Shop, Inc does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Rockaway Beach Shop, Inc or its agents. You are responsible for paying any governmental taxes imposed on your purchases and rentals, including, but not limited to, sales, use or value-added taxes. Rockaway Beach Shop, Inc shall automatically charge and withhold the applicable tax for orders to be delivered to addresses within any states, provinces or localities that it deems is required.

7. Order Acceptance Policy.

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell or rent. Rockaway Beach Shop, Inc reserves the right at any time after receipt of your order to accept or decline your order for any reason. Rockaway Beach Shop, Inc further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Rockaway Beach Shop, Inc upon our delivery of products or services that you have ordered. We may require additional verifications or information before accepting any order.

8. No Responsibility to Sell or Rent Mispriced Products or Services.

Rockaway Beach Shop, Inc shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Rockaway Beach Shop, Inc shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase or rental and your order is canceled, Rockaway Beach Shop, Inc shall immediately issue a credit to your credit card account in the amount of the charge.

9. Modifications to Prices or Billing Terms.

ROCKAWAY BEACH SHOP, INC RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD OR RENTED, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.

10. Service and Support for Goods Sold or Rented.

All requests for technical service and support should be made to Beach Tripper 833.333.4386 or support@beachtripeer.com.

11. Indemnification.

By using the Site, you agree to defend, indemnify and hold harmless Rockaway Beach Shop, Inc, its employees, directors, officers, agents, subsidiaries and affiliates from and against any and all claims, damages and costs, including reasonable attorneys'/legal fees and related expenses, arising from or related to (i) your use of the Site or the Content; (ii) any breach or alleged breach by you of these Terms; (iii) a claim, which if true, would constitute a violation by you of your representations and warranties; (iv) a claim alleging your negligence or willful misconduct related to the Site or Content, or the provision of any products or services to you by Rockaway Beach Shop, Inc; and (v) any User Content that you submit.  You may not settle any claim without the prior written consent of Rockaway Beach Shop, Inc, which shall not be unreasonably withheld.  You shall not be required to defend, hold harmless or indemnify Rockaway Beach Shop, Inc for its own wrongful acts or omissions or sole negligence.

12. Disclaimer of Warranties.

THE SITE, PRODUCTS, SERVICES, CONTENT, SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. ROCKAWAY BEACH SHOP, INC AND/OR ITS RESPECTIVE SUPPLIERS HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE SITE, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS.

13. LIMITATION OF LIABILITY.

THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE, AND/OR THE USE OF ANY CONTENT REMAINS WITH YOU.

IN NO EVENT SHALL ROCKAWAY BEACH SHOP, INC OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THESE TERMS OF USE OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES OR CONTENT, THE DELAY OR INABILITY TO USE THE ROCKAWAY BEACH SHOP, INC SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE ROCKAWAY BEACH SHOP, INC SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF ROCKAWAY BEACH SHOP, INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS OF USE OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT ROCKAWAY BEACH SHOP, INC SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO ROCKAWAY BEACH SHOP, INC BY YOU. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF ROCKAWAY BEACH SHOP, INC. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

CERTAIN STATE LAWS, AND THE LAWS OF CERTAIN OTHER JURISDICTIONS, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

14. Claims of Intellectual Property Infringement.

Copyright

Rockaway Beach Shop, Inc will remove or disable infringing material uploaded, posted, or submitted by any customer, vendor, or other third party who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. Except as provided by law, Rockaway Beach Shop, Inc shall have the right, but not the obligation, to terminate an account that it believes has been an instrument of unlawful infringement   In addition, Rockaway Beach Shop, Inc has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Rockaway Beach Shop, Inc respects the intellectual property of others and we ask others to do the same. If you believe that your copyright has been infringed through the Site, please contact our Legal Department, via facsimile at (203) 622-6080, or mail at:

Attn: Legal Department
Rockaway Beach Shop, Inc
167 Beach 100th St. Rockaway Park, NY 11694

Any written notice describing the infringing activity must include the following information:

1.     An lectronic or physical signature of the person authorized to act on behalf of the owner of the material that is allegedly infringed;

2.     A description of the allegedly infringing work or material;

3.     A description of where the allegedly infringing material is located on the Site;

4.     Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address;

5.     A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law; and

6.     A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.

Trademark

Rockaway Beach Shop, Inc may remove or disable User Content that is alleged to violate any person’s trademark, publicity or similar rights. Except as provided by law, Rockaway Beach Shop, Inc shall have the right, but not the obligation, to terminate an account that it believes has been an instrument of unlawful infringement   In addition, Rockaway Beach Shop, Inc has implemented procedures for receiving written notification of claimed trademark infringement. Rockaway Beach Shop, Inc respects the intellectual property of others and we ask others to do the same. If you believe that your trademark has been infringed through the Site, please contact our Offices, at (833) 333-4386, or mail at:

Attn: Legal Department

Rockaway Beach Shop, Inc, Inc.

167 Beach 100th St

Rockaway Park, NY 11694

Any written notice describing the infringing activity must include the following information:

1.  a copy of the certificate of registration received from the United States Patent and Trademark Office (USPTO) or, for foreign marks, registration with the appropriate intellectual property organization of your country (we cannot accept state or local registrations pursuant to this policy);

2.  your contact information, including full name, address, email, telephone number, and fax number; and

3.  a statement identifying:

a. the material that you believe is infringing (the “Allegedly Infringing Material”), as well as the party posting the Allegedly Infringing Material;

b. the trademark, service mark, trade dress, or name (the "Mark") that you believe to be infringed;

c. the jurisdiction or geographical area in which the Mark is valid;

d. the name, post office address and telephone number of the owner of the Mark identified above;

e. the goods and/or services covered by or offered under the Mark;

f. the date of first use of the Mark;

g. the date of first use of the Mark;

h. the goods and/or services covered by or offered under the Allegedly Infringing Material;

i. the precise location of the Allegedly Infringing Material, including URL address; and

j. a good faith certification, signed under penalty of perjury, stating:

i. the name of the complaining party,

ii. the Allegedly Infringing Material infringes the rights of the complaining party,

iii. the Mark being infringed, and

iv. use of the Mark is unauthorized and not defensible. 

Upon receipt of the appropriate information identified above, Rockaway Beach Shop, Inc will investigate the complaint, during which time Rockaway Beach Shop, Inc, at its sole discretion and without any legal obligation to do so, may temporarily remove the challenged material from the Site, notify the posting party it will lock down the posting party's account, if any, and/or, if the Allegedly Infringing Material is stored on a Rockaway Beach Shop, Inc server, temporarily remove or deny access to the Allegedly Infringing Material.

If Rockaway Beach Shop, Inc concludes that the complaining party has raised a legitimate infringement claim, or that it appears valid on its face, Rockaway Beach Shop, Inc may, at its sole discretion and without any legal obligation to do so, permanently remove the challenged material from the Site, continue to suspend the posting party's account and/or, if the Allegedly Infringing Material is solely stored on a Rockaway Beach Shop, Inc server, deny access to the Allegedly Infringing Material. If Rockaway Beach Shop, Inc concludes that the complaining party has not raised a legitimate claim or if it is not clear whether the complaining party has raised a legitimate claim, Rockaway Beach Shop, Inc may, at its sole discretion, restore access to the Allegedly Infringing Material.

Counter Notification Policy

If Rockaway Beach Shop, Inc has forwarded to you a notice of copyright or trademark infringement, you (“alleged Infringer”) may provide a “Counter Notification” by contacting Rockaway Beach Shop, Inc at the above contact information, and including the following:

1.  An electronic signature of the alleged Infringer.

2.  Identification of the material that has been removed, or to which access has been disabled, and the location at which the material appeared before it was removed or disabled.

3.  A statement under penalty of perjury that the alleged Infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification.

4.  The alleged Infringer's name, address, and telephone number, and a statement that the alleged Infringer consents to the jurisdiction of the U.S. District Court for the Southern District of New York, or, if the alleged Infringer's address is outside of the United States, of any U.S. District Court.

In all cases involving claimed copyright infringement, and where appropriate in Rockaway Beach Shop, Inc’s sole discretion regarding claimed trademark infringement, upon receipt of a Counter Notification as described above, Rockaway Beach Shop, Inc will promptly provide the complaining party with a copy of the Counter Notification, and inform the complaining party that Rockaway Beach Shop, Inc will replace the removed material, or cease disabling access to it, in 10 business days. Rockaway Beach Shop, Inc will replace the removed material and cease disabling access to it in not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Rockaway Beach Shop, Inc first receives notice from the complaining party that the complaining party has filed an action seeking a court order to restrain the alleged Infringer from engaging in infringing activity relating to the material on the Site.

15.  Links To Third Party Websites.

This Site may contain links to websites maintained by third parties. All links are provided for your reference only. Rockaway Beach Shop, Inc does not control or operate in any respect information, products or services on such third-party sites and is not responsible for their content. These sites may be governed by different privacy policies. Please check these policies before using these sites and/or any tools provided by same. However, in all instances, it is your obligation to check the policies related to all third-party tools, links, products, services, pages and sites. You assume sole responsibility for use of third-party links, content and/or tools.

16. General.

No delay or failure to take action under these Terms of Use shall constitute any waiver by Rockaway Beach Shop, Inc of any provision of these Terms of Use. If any provision of these Terms of Use is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of these Terms of Use will continue in full force and effect. These Terms of Use will bind and inure to the benefit of Rockaway Beach Shop, Inc’s permitted successors and assigns. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises. These Terms of Use are personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate these Terms of Use shall be null and void. Rockaway Beach Shop, Inc may freely assign these Terms of Use without consent or notice. These Terms of Use (including all documents expressly incorporated herein by reference, including but not limited to the Privacy Policy and Rental Agreement) constitute the complete and exclusive agreement between Rockaway Beach Shop, Inc and you with respect to the subject matter hereof and supersede all prior oral or written understandings, communications or agreements not specifically incorporated herein.

Governing Law

These Terms of Use shall be governed by United States law and, specifically, the laws of the State of New York without regard to or application of any conflict of laws provisions. You consent to the exclusive jurisdiction of the state and federal courts sitting in Queens County, in the State of New York, USA.  

 
 

Rockaway Beach Shop
d.b.a. Beach Tripper


P.O. Box xxx
Rockaway Park, NY 11694 USA


 

Rental Agreement

By clicking the “I Accept” button, you, the Customer (as defined below) agree and acknowledge that Customer has read, understands, accepts full responsibility for and is bound by the terms and conditions contained in this Rental Agreement (as defined below), which also consists of any optional products rented by Customer in connection with this rental and the Reservation Details (as defined below) hereof for the Rental Period (as defined below) whether or not subsequent agreements are executed by Customer or if Rockaway Beach Shop, Inc. assigns a new agreement number during the Rental Period for the purpose of invoicing Customer. 

1.     DEFINITIONS. “Rental Agreement” means this Online Rental Agreement, including the Reservation Details.  “Equipment” means any one or more of the items identified in the Reservation Details and any accessories, attachments or other similar items delivered to Customer, including, but not limited to umbrellas, towels, hooks and straps, name tags, cases or covers. “Customer” means the person or entity identified as such in the Reservation Details or any representative, agent, officer or employee of Customer. “Store Location” means the closest Rockaway Beach Shop, Inc. branch location to the Rental Location described in the Reservation Details. “Rental Period” means the period of time between the date “From” and date “To,” set forth in the Reservation Details, except that the Rental Period may extend or terminate earlier as provided in Sections 18 and 25 hereof or if Customer returns the Equipment earlier.  “Reservation Details” means the Equipment, Rental Period, Delivery Information, Payment Information and other information set forth on the Confirmation/Order Summary Screen. “Credit Card” means the credit card provided by Customer as part of this Rental Agreement or otherwise kept on file with Rockaway Beach Shop, Inc..

 

2.     AUTHORITY TO SIGNAny individual agreeing to this Rental Agreement represents and warrants that he or she is of legal age, and has the authority and power to sign this Rental Agreement on behalf of Customer.

 

3.      INDEMNITY / HOLD HARMLESS. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD ROCKAWAY BEACH SHOP, INC., AND ANY OF ITS RESPECTIVE OFFICERS, AGENTS, SERVANTS, OR EMPLOYEES, AND AFFILIATES, PARENTS AND SUBSIDIARIES, HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, LOSS, DAMAGE OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES, LOSS OF PROFIT, BUSINESS INTERRUPTION OR OTHER SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES RELATING TO PROPERTY DAMAGE, BODILY INJURY OR DAMAGES RELATING TO WRONGFUL DEATH) ARISING OUT OF OR RELATED TO THE OPERATION, USE, POSSESSION OR RENTAL OF THE EQUIPMENT. THIS INDEMNITY PROVISION ALSO APPLIES TO ANY CLAIMS ASSERTED AGAINST ROCKAWAY BEACH SHOP, INC. BASED UPON STRICT OR PRODUCT LIABILITY CAUSES OF ACTION. HOWEVER, CUSTOMER SHALL NOT BE OBLIGATED TO INDEMNIFY ROCKAWAY BEACH SHOP, INC.FOR THAT PART OF ANY LOSS, DAMAGE OR LIABILITY CAUSED SOLELY BY THE INTENTIONAL MISCONDUCT OR SOLE NEGLIGENCE OF ROCKAWAY BEACH SHOP, INC.. IN FURTHERANCE OF, BUT NOT IN LIMITATION OF THE INDEMNITY PROVISIONS IN THIS AGREEMENT, CUSTOMER EXPRESSLY AND SPECIFICALLY AGREES THAT THE FOREGOING OBLIGATION TO INDEMNIFY SHALL NOT IN ANY WAY BE AFFECTED OR DIMINISHED BY ANY STATUTORY OR CONSTITUTIONAL LIMITATION OF LIABILITY OR IMMUNITY CUSTOMER ENJOYS FROM SUITS BY ITS OWN EMPLOYEES. THE DUTY TO INDEMNIFY WILL CONTINUE IN FULL FORCE AND EFFECT NOTWITHSTANDING THE EXPIRATION OR EARLY TERMINATION OF THE RENTAL AGREEMENT.

 

4.     INSPECTION OF EQUIPMENT. Customer acknowledges that Customer will inspect the Equipment prior to taking possession thereof, and Customer will only accept delivery of the Equipment if Customer determines that the Equipment is in good working order and repair, and is suitable for Customer’s needs Customer acknowledges that Customer is familiar with the proper operation and use of each item of Equipment. Customer acknowledges that, prior to taking possession of the Equipment, Customer will obtain and read all operator manuals, for each item of Equipment

 

5.     LIMITATION OF LIABILITY. In no event shall Rockaway Beach Shop, Inc. be liable or responsible to Customer or any other party for: (i) any loss, damage or injury caused by, resulting from or in any way connected with the Equipment, its operation or its use, (ii) Rockaway Beach Shop, Inc.’s failure to deliver the Equipment as required hereunder, or Rockaway Beach Shop, Inc.’s failure to repair or replace non-working Equipment; (iii) or any incidental, consequential, punitive or special damages. Customer acknowledges and assumes all risks inherent in the operation, use and possession of the Equipment from the time the Equipment is delivered to Customer until the Equipment is returned to Rockaway Beach Shop, Inc. and will take all necessary precautions to protect all persons and property from injury or damage from the Equipment.

 

6.     USE OF EQUIPMENT.Customer will not use or allow anyone to use the Equipment: (i) for an illegal purpose or in an illegal manner; (ii) without a license, if required under any applicable law, (iii) or who is not qualified to operate it. Customer agrees, at Customer’s sole expense, to comply with all applicable municipal, state, and federal laws, ordinances and regulations which may apply to the use of the Equipment. 

            Customer agrees to: (i) immediately notify Rockaway Beach Shop, Inc. when Equipment needs       repair or maintenance and cease using the Equipment. Customer acknowledges that Rockaway   Beach Shop, Inc. has no responsibility to inspect the Equipment while it is in Customer’s      possession. Rockaway Beach Shop, Inc. shall have the right to replace the Equipment with other           reasonably similar equipment at any time and for any reason.

7.     MALFUNCTIONING EQUIPMENT. Should the Equipment be involved in an accident, become unsafe, malfunction or require repair, Customer shall immediately cease using the Equipment and immediately notify Rockaway Beach Shop, Inc.. If such condition is the result of normal operation, Rockaway Beach Shop, Inc. will repair or replace the Equipment with reasonably-similar Equipment in working order, if such replacement Equipment is available. Rockaway Beach Shop, Inc. has no obligation to repair or replace Equipment rendered inoperable by misuse, abuse or neglect. Customer’s sole remedy for any failure or defect in Equipment shall be the termination of any rental charges accruing after the time of failure. Customer must return the Equipment to the Store Location within one hour from the time of defect in order to terminate rental charges.

 

8.     RETURN OF EQUIPMENT /DAMAGED & LOST EQUIPMENTAt the expiration of the Rental Period, Customer will return the Equipment to Rockaway Beach Shop, Inc. during Rockaway Beach Shop, Inc.’s regular business hours. The Equipment is to be in the same condition as when delivered to Customer, subject to reasonable wear and tear, as defined below. Customer shall be liable for all damages to or loss of the Equipment from the time the Equipment leaves Rockaway Beach Shop Inc.’s possession until the Equipment is (i) returned to Rockaway Beach Shop, Inc.In the case of the loss or destruction of any Equipment, or inability or failure to return same to Rockaway Beach Shop, Inc. for any reason whatsoever, Customer will pay Rockaway Beach Shop, Inc. the following: 

                        i.        Beach Chair: One hundred fifty US dollars ($120) 

                       ii.        Personal Beach Umbrella: Eighty US Dollars ($80)

                     iii.        Beach Towel: Sixty US Dollars ($60)

            If the Equipment is returned in a damaged or excessively worn condition, Customer shall pay           Rockaway Beach Shop, Inc. the reasonable cost of repair and pay rental on the Equipment at      the regular rental rate until all repairs have been completed. Rockaway Beach Shop, Inc. shall       be under no obligation to commence repair work until Customer has paid to Rockaway Beach     Shop, Inc. the estimated cost therefor. CUSTOMER AGREES THAT ROCKAWAY BEACH    SHOP, INC. RESERVES THE RIGHT TO CHARGE THE CREDIT CARD AND/OR          CUSTOMER’S ACCOUNT FOR ANY AMOUNT OWED BY CUSTOMER PURSUANT TO THIS   SECTION DUE TO DAMAGED OR LOST EQUIPMENT. 

9.     REASONABLE WEAR AND TEAR. Reasonable wear and tear of the Equipment shall mean only the normal deterioration of the Equipment caused by ordinary and reasonable use on a one shift basis (as defined in Section 12 below). 

 

10.  LATE RETURN. CUSTOMER AGREES THAT IF THE EQUIPMENT IS NOT RETURNED BY THE END OF THE RENTAL PERIOD, ROCKAWAY BEACH SHOP, INC., IN ITS SOLE DISCRETION, MAY REQUIRE CUSTOMER TO DO ANY OF THE FOLLOWING: (I) CONTINUE TO PAY THE RENTAL RATE(S) APPLICABLE TO THE EQUIPMENT AS SPECIFIED IN THE RESERVATION DETAILS; (II) FOR PERIODS LESS THAN 24 HOURS, PAY THE FULL DAILY RENTAL RATE APPLICABLE TO THE EQUIPMENT; (III) OR PAY ANY INCREASED RENTAL RATE(S) IN EFFECT AT THE TIME OF, OR AFTER, THE EXPIRATION OF THE RENTAL PERIOD. CUSTOMER AGREES THAT ROCKAWAY BEACH SHOP, INC. RESERVES THE RIGHT TO CHARGE THE CREDIT CARD AND/OR CUSTOMER’S ACCOUNT FOR ANY AMOUNT OWED BY CUSTOMER PURSUANT TO THIS SECTION DUE TO LATE RETURN OF EQUIPMENT.

 

11.  RENTAL PERIOD / CALCULATION OF CHARGES.  Rental charges commence when the Equipment is delivered to the Customer and ends when the Equipment is picked up by Rockaway Beach Shop or it’s agents or partners during regular business hours. Rental rates are for normal “one shift” usage based on an 9 hour day. Customer’s right to possess the Equipment terminates on the expiration of the Rental Period and retention of possession after this time is a material breach of this Rental Agreement. 

 

12.  DEPOSIT. In addition to securing the payment of rental charges hereunder, Customer agrees that any rental deposit shall be deemed to be a guarantee by Customer of the full and complete performance of each and all of the terms, covenants, and agreements to be performed by Customer hereunder. In the event of any breach by Customer, the deposit will be credited against any damages, cost or expense incurred by Rockaway Beach Shop, Inc. as a result of the breach.

 

13.  PAYMENT. All amounts due hereunder shall be payable in full upon by Customer. Customer agrees that Rockaway Beach Shop, Inc. reserves the right to charge the Credit Card and/or Customer’s account for any amount owed by Customer pursuant to this section due to  rental, damage or loss charges.

 

14.  TITLE / NO PURCHASE OPTION / NO LIENS. This Rental Agreement is not a contract of sale, and title to the Equipment shall at all times remain with Rockaway Beach Shop, Inc.. Unless covered by a specific supplemental agreement signed by Rockaway Beach Shop, Inc., Customer has no option or right to purchase the Equipment. 

 

15.  DEFAULT. Customer shall be deemed in default should Customer: (i) in any way fail to pay any amount when due hereunder, or to perform, observe or keep any provision of this Rental Agreement. If Customer is in default, Rockaway Beach Shop, Inc. may terminate the Rental Period; (ii) declare the entire amounts due hereunder immediately due and payable.

 

16.  NO ASSIGNMENT, LENDING OR SUBLETTING. Customer shall not sublease, subrent, assign or loan the Equipment without first obtaining the written consent of Rockaway Beach Shop, Inc., and any such action by Customer, without Rockaway Beach Shop, Inc.’s written consent, shall be void. Customer agrees to use the Equipment set forth on the first page of this Rental Agreement unless Rockaway Beach Shop, Inc. approves otherwise in writing. Rockaway Beach Shop, Inc. may at any time, without notice to Customer, transfer or assign this Rental Agreement or any Equipment or any moneys or other benefits due or to become due hereunder.

 

17.  ENTIRE AGREEMENT / ONLY AGREEMENT. The Rental Agreement, including the Reservation Details, represents the entire agreement between Customer and Rockaway Beach Shop, Inc. with respect to the Equipment and the rental of the Equipment

 

18.  ORDER OF PRECEDENCE. The terms and conditions of this Rental Agreement shall control over any conflicting preprinted terms and conditions contained in Customer’s purchase order or similar documents and such other terms are hereby rejected by Rockaway Beach Shop, Inc..   

 

19.  JURY WAIVERThe federal and state courts in the county in which the Store Location is located shall have exclusive jurisdiction over all matters relating to this Rental Agreement. TRIAL BY JURY IS WAIVED. In order to effect service of process on Rockaway Beach Shop, Inc., please contact the Secretary of State Corporations Division or the equivalent office in your state to obtain the name of the registered agent and the registered office address that is on file with the Secretary of State for Rockaway Beach Shop, Inc.. Rockaway Beach Shop, Inc. shall be entitled to decrees of specific performance (without posting bond or other security) in addition to such other remedies as may be available.

 

20.  OTHER PROVISIONS.

A.   Any failure of Rockaway Beach Shop, Inc. to insist upon strict performance by Customer of any terms and conditions of this Rental Agreement shall not be construed as a waiver of Rockaway Beach Shop, Inc.’s right to demand strict compliance. Customer has carefully reviewed this Rental Agreement and waives any principle of law which would construe any provision hereof against Rockaway Beach Shop, Inc. as the drafter of this Rental Agreement. Any rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Rental Agreement.

B.   Customer agrees to pay all reasonable costs of collection, court, attorneys’ fees and other expenses incurred by Rockaway Beach Shop, Inc. in the collection of any charges due under this Rental Agreement or in connection with the enforcement of its terms.

C.   Customer shall pay the rental charge(s) without any offsets, deductions or claims.

D.   Customer consents to the collection, use, and disclosure of his or her personal identification and financial information as described herein. Customer’s personal identification and financial information is provided voluntarily and not as part of a credit card transaction. Personal identification information includes, for example, Customer’s name, billing address, ZIP code, telephone number, date of birth, driver’s license number, and email address. Financial information includes, for example, information related to any balances or invoices related to the Rental Agreement. Customer’s personal identification information can be used for purposes of this transaction, any subsequent transactions with Rockaway Beach Shop, Inc., and for Rockaway Beach Shop, Inc. to evaluate and improve its products and services and/or develop new products or services. Customer’s personal identification information and/or financial information may be disclosed to contractors, service providers, and other third parties that support Rockaway Beach Shop, Inc.’s business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.

E.   Rockaway Beach Shop, Inc. shall have the right to immediately repossess the Equipment, without any liability to Customer, in the event of: (i) declaration of any emergency, disaster or similar situation by any federal, state or local government; (ii) or as otherwise set forth in this Rental Agreement.

F.    Customer expressly acknowledges that Customer and Rockaway Beach Shop, Inc. are the only parties to this Agreement, notwithstanding that a reservation for the Equipment may have been arranged by a third party or that a third party may pay for all or part of the rental bill.

G.   A Cleaning Charge will apply to Equipment returned that is excessively dirty or soiled., Customer is responsible for all damage. There will be an additional charge for missing hardware.

H.   In the event the terms contained in this Rental Agreement conflict with any terms of any preexisting written agreement signed by authorized representatives of the Customer and Rockaway Beach Shop, Inc. (the “Written Agreement”), the  terms of the Written Agreement shall supersede the terms of this Rental Agreement.

 

21.  CRIMINAL WARNING: The use of false identification to obtain Equipment or the failure to return the Equipment by the end of the Rental Period may be considered a theft subject to criminal prosecution pursuant to applicable criminal or penal code provisions.