This Website is an online subscription service (“Service”) owned and operated by Beach Jerk Please carefully read and understand these Terms and Conditions prior to becoming a subscriber to the Service, as they constitute a binding legal agreement (the “Agreement”) by and between Beach Jerk and persons who elect to become subscribers to the Service (the “Subscribers”).
1. As a Subscriber to the Service, you agree to be bound by each and every provision contained in this Agreement (the “Agreement”). This Agreement may be modified or amended by Beach Jerk at any time, and changes are effective upon notice to each Subscriber. Notices by Beach Jerk to Subscribers may be given via electronic messages through the Service, a posting on the Service, or by mail.
2. Subscribers will be charged a subscription fee for the Service, in accordance with Beach Jerk’s then-current billing terms.
3. Until such time as this Agreement is terminated in accordance with its provisions, Subscriber agrees to pay his/her/its subscription fee by credit card (or other approved facility or mechanism), and hereby authorizes Beach Jerk to charge Subscriber’s credit card (or other approved facility or mechanism) for the ongoing subscription fee, and for any and all purchases or products and/or services purchased by Subscriber from the Service.
4. Subscriber agrees to immediately inform Beach Jerk of any of the following changes in his/her/its credit card account: Card loss or theft, or unauthorized usage of the card; apparent breach of security of Subscriber ID or password, such that unauthorized access to the Service via the card is possible. Unless Subscriber gives proper notice to Beach Jerk of same, Subscriber will remain liable to Beach Jerk for any and all charges for unauthorized use of the Service.
5. Subscription to the Service will be automatically renewed for the original term upon expiration of such term, unless the billing company that processed the transaction is notified 7 days prior to membership expiration.
Cancellation for trial and full membership may ONLY be accomplished by cancelling the membership via the normal cancellation method at the applicable billing companies online cancellation page. Upon cancellation of your account, you will receive a Cancellation Confirmation Number for your records.
6. Trial Subscribers acknowledge that Trial subscriptions may not necessarily entitle full, unrestricted access to the website. Special Features, and Member’s Events will be restricted to full members only. Trial Subscribers must wait until the account re-bills to a Full Monthly Membership before these special features become available.
7. Beach Jerk has no responsibility for supplying Subscribers with computer equipment or communications connections necessary to access the Service. Subscribers are solely responsible for these items.
8. Upon becoming a Subscriber to the Service, Beach Jerk will provide the Subscriber with a unique ID and password which allows access to the Service. The ID and password is issued by Beach Jerk in the form of a revocable license and remain the property of Beach Jerk and constitute proprietary information and are the property of Beach Jerk IDs and passwords are non- transferable. Each Subscriber must keep his password strictly confidential. Remember your password! For security reasons, Beach Jerk will not release passwords for any reason, except as may be specifically required by law or court order. Transfer of any ID or password to another person or entity, or allowing any person or entity other than the Subscriber to access the Service via such Subscriber’s ID and password is strictly prohibited, and is a breach of this Agreement and a violation of law. Each account (username) is limited to no more than 20 logins a day over a 24 over hour period. The said period lasts from 12:00 midnight EST to 12:00 midnight EST
9. Subscriber hereby swears and affirms under oath, warrants and represents that he/she is at least eighteen (18) years of age (21 in jurisdictions that require that age limit) and has the legal capacity to enter into agreements of this nature. Beach Jerk makes no representation or warranty that the content published on the applicable website complies with the local laws of your jurisdiction. You are solely responsible for knowing and understanding your local laws concerning standards of content legality for purposes of obscenity laws. You further represent and warrant that you understand the nature of the content published on the applicable website is namely sexually explicit materials, and that you voluntarily and knowingly choose to view such material, and that such material does not offend or vex your sensibilities. Should you be unable to affirmatively make the representations and warranties contained herein, do NOT subscribe to this Service.
10. Under no circumstances, including, but not limited to, negligence, shall Beach Jerk or any of its related or affiliated companies be liable for any direct, indirect, incidental, special, consequential or punitive damages that result from the use of, or the inability to use the Service. Subscriber specifically acknowledges and agrees that Beach Jerk is not liable for any defamatory, offensive or illegal conduct of any user, or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of or use of records, whether under contract or tort theory, or under any other cause of action, for any amount over and above the amount paid by Subscriber to Beach Jerk for the preceding twelve (12) months.
11. Beach Jerk MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. SUBSCRIBER’S USE OF THE SERVICE IS AT HIS/HER OWN RISK. NEITHER Beach Jerk, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVER OR CONTENT, IS LIABLE FOR ANY DIRECT INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING FROM YOUR ACCESS TO, USE OF, OR INTERPRETATION OF, THE SERVICE OR PRODUCTS OR SERVICES OR INFORMATION PROVIDED BY OR THROUGH THE SERVICE. WITHOUT LIMITING THE FOREGOING, Beach Jerk MAKES NO WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, OR NON- RESULTS OF THE USE OF THE CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
12. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.
13. Subscriber agrees to indemnify and hold harmless Beach Jerk, the applicable websites, their officers, directors, managers, members, agents and employees from any against any claims, losses, liabilities or expenses (including reasonable attorneys’ fees) arising out of Subscriber’s breach of any term, condition or promise contained herein. Should any such claim for indemnification arise, or should any action be brought by Subscriber or Beach Jerk relating to any services or products offered by or through the Service. Should any such claim for indemnification arise, or should any action be brought by subscriber or Beach Jerk relating to any services or products offered by or through the Service, except those claims or actions relating to those products and services covered in paragraphs 13a., and 13b. below, Subscriber agrees to submit to the personal jurisdiction of the courts of the state of Michigan.
13a. If a claim or cause of action arises due to the failure by subscriber to pay for product or service or if a claim or cause of action for insufficient funds or fees due as a result of insufficient funds arises, Beach Jerk or the Beach Jerk agent(s), authorized to process and/or collect funds or assignees or attorneys on behalf of Beach Jerk and SUBSCRIBER AGREES AND SUBMITS TO THE PERSONAL JURISDICTION OF THE SAID COURTS and WAIVES TRIAL BY JURY.
13b. All claims or causes of action arising due to the failure by subscriber to pay for product or services or any claim or cause of action for insufficient funds or fees due as a result of insufficient funds shall be GOVERNED BY THE LAWS and the SUBSCRIBER WAIVES PERSONAL SERVICE UPON THEM, and agrees that SERVICE OF PROCESS regarding these claims or causes of action shall be accomplished VIA CERTIFIED MAIL at the address designated on this agreement or on the agreement with the Beach Jerk agent(s) who is authorized to process payments and SHALL BE DEEMED PERSONAL SERVICE.
14. Except for public domain material and electronic messages, all material displayed on the Service is copyrighted by Beach Jerk, or is licensed under copyright by Beach Jerk, and may not be copied, redistributed, or downloaded, in whole or in part, without the prior written consent of Beach Jerk
15. The Service is for the private, non- commercial enjoyment of Subscribers only. Any other use is prohibited.
16. The Service enables Subscribers to share information with other Subscribers. Subscribers agree not to submit, publish, or display on the Service any defamatory, inaccurate, abusive, threatening, racially offensive, or illegal material. Transmission of such material that violates any law, is prohibited and is a breach of this Agreement.
17. Subscribers agree not to engage in advertising to, or solicitation of other Subscribers to buy or sell any products or services through the Service without Beach Jerk’s prior written consent. Subscribers are responsible for information they send, or display through the Service even if a claim should arise after termination of service.
18. There are no facilities provided by the Service for sending or receiving private or confidential electronic communications. All messages shall be deemed to be readily accessible to the general public. Do not use the Service for any communication for which the sender intends only the sender and the intended recipient(s) to read. Subscriber hereby acknowledges and agrees that all messages entered into this Service can and may be read by the operators of the Service, whether or not they are the intended recipient(s).
19. Notices by Beach Jerk to Subscribers may be given by means of electronic messages through the Service, by a general posting on the service, or by conventional mail. Notices by Subscribers may be given by electronic messages or conventional mail, unless otherwise specified in the Agreement.
All questions, complaints, or notices to Beach Jerk by means of electronic message must be directed to office[at]beachjerk.com
All questions regarding new Beach Jerk membership by means of electronic message should be sent to office[at]beachjerk.com
20. This Agreement sets forth the full and complete understanding between Subscriber and Beach Jerk with respect to its subject matter, and supersedes all prior understandings or agreements, whether written or verbal. This Agreement may be modified upon notice by Beach Jerk to its Subscribers. Unless contrary to law or otherwise stated, each provision of this Agreement shall survive termination. The prevailing party in any suit to enforce the terms hereof shall be entitled to recover his/her/its reasonable attorneys’ fees.
21. The billing system used by our authorized sales agents provides extensive credit card fraud protection measures and our sites include many features to protect users from accidental charges. Therefore, refunds will be provided only under the rarest of circumstances such as persistent technical problems originating with our equipment or fraud, and then only to the same payment mechanism used for your purchase.