An Ocean Havens Loyalty Program

Ocean Havens presents the new Ocean Access loyalty program available to everyone for FREE!

This is your all-access pass for discounts towards fuel, dockage, restaurants, and more. Our Ocean Access loyalty program aims to enhance the boating experience.  Stay up to date for all available benefits and new surprises coming your way.

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OCEAN ACCESS: AN OCEAN HAVENS REWARDS PROGRAM

TERMS OF SERVICE

Effective Date:  May 1, 2022

PLEASE READ THESE TERMS OF SERVICE CAREFULLY.  THIS IS A BINDING LEGAL AGREEMENT THAT SUPERSEDES ALL PRIOR TERMS OF SERVICE FOR THE OCEAN ACCESS REWARDS PROGRAM (THE “PROGRAM”).  BY PARTICIPATING OR CONTINUING TO PARTICIPATE IN THE PROGRAM AFTER THE EFFECTIVE DATE, YOU AGREE TO THE FOLLOWING:

The following information forms the basis of your participation in the Program.  Your participation in the Program is governed by these Terms of Service and you are responsible for reading and understanding them.  If you have any questions, you may contact mjones@oceanhavens.com.

Your Participation and Benefits

1. There is no charge or cost for enrolling in the Program.  All that is required is that you (a) are an individual at or above age of majority in the state in which you reside, (b) fill out the required     forms, and (c) meet the following criteria for each level of participation in the Program:
   • Gold Tier:  You have been a guest at, or purchased fuel from, any of our Partnered Marinas (See our List);
   • Platinum Tier:  You are a seasonal member who has docked at one any of our Partnered Marinas for one or more seasons; or
   • Diamond Tier:  You are an annual member who docks at one or more of our Partnered Marinas on a year-round basis.

   Please note that managers at our Partnered Marinas may impose additional criteria in their discretion, including in connection with situations where your membership tier status is subject to change. 

   The benefits to which each tier is entitled at our Partnered Marinas can be found here.  Any discounts or benefits available through your participation in the Program cannot be combined with other promotions.  If you have access to more than one discount available for the same product or service, we will apply only the highest single discount offered.

   You may also receive offers and coupons from persons or companies with which Ocean Havens partners to offer benefits to participants in the Program (“Marketing Partners”).  Such benefits may include, by way of example, discounts at restaurants, museums, parks, tourist attractions and cultural activities.

2. BY JOINING AND PARTICIPATING IN THE PROGRAM YOU AGREE TO RECEIVE E-MAILS AND OTHER COMMUNICATIONS FROM OCEAN HAVENS AND ITS MARKETING PARTNERS.

General Rules

1. The Program and its benefits are offered at the sole discretion of Ocean Havens Management LLC (“Ocean Havens”) and may be canceled or discontinued at any time for any reason and without prior notice.  Ocean Havens reserves the right to add, modify, delete, or otherwise change any of the terms and conditions, procedures, or benefits pertaining to the Program in its sole discretion at any time, with or without notice.
2. These Terms of Service are governed by the laws of the Commonwealth of Massachusetts without regard to Massachusetts choice of law provisions.  By participating in the Program, you consent that all venue for any court actions or other disputes will be exclusively in the federal or state courts located in Suffolk County, Massachusetts.  YOU AGREE THAT YOU WAIVE ANY RIGHT TO JURY TRIAL AGAINST OCEAN HAVENS, ITS AFFILIATES, AND THE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES THEREOF ARISING OUT OF ANY CLAIMED BREACH OF THESE TERMS OF USE.
3. Participation in and applying to join the Program is void if prohibited by law in the state or country of the Member's or applicant's domicile.  Likewise, benefits and rewards offered through the Program may not be available if prohibited by law or regulation.
4. Only individuals of majority age in their state of residence may enroll in the Program.  Corporations, partnerships, LLCs, associations, or groups are not permitted to enroll in the Program.  Each individual who enrolls in the Program may enroll only once.  If multiple accounts are discovered, Ocean Havens reserves the right to cancel any and all such accounts.
5. Ocean Havens reserves the right to suspend or discontinue your participation in the Program if we determine that you appear to be using the Program in a manner inconsistent with the Terms of Service or intent of the Program or any portion of the Program.  Ocean Havens also reserves the right to discontinue your participation in the Program if we believe, or have reasonable grounds for suspecting, that you acted in a manner inconsistent with applicable local or federal laws, regulations or ordinances; breached or violated any of these Terms of Use; engaged in any fraudulent or dishonest behavior, theft, misconduct, or wrongdoing in connection with the account; engaged in any abusive, fraudulent, disruptive, inappropriate, offensive, or hostile conduct, whether it be physical, verbal, or written in nature aimed at Ocean Havens or its customers, or failed to pay any bills or accounts due to Ocean Havens or any of its properties.
6. The sale or transfer of any benefits under the Program to persons or entities who are not participants in the Program is strictly prohibited.  Any such sale or transfer subjects the participant to cancellation of their participation in the Program.
7. You are responsible for remaining knowledgeable about the Program and any changes to these Terms of Use. Neither Ocean Havens nor its Marketing Partners is responsible for incorrect or inaccurate transcription of participant contact information, for problems related to any of the equipment or programming associated with or utilized by the participant, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access any Web site or on-line service, for any other technical or non-technical error or malfunction, for lost, late, stolen, illegible, incomplete, garbled, misdirected, mutilated, or postage due mail or other mail or e-mail for whatever reason.
8. You are responsible for creating private account access information and for maintaining the security of that information. Ocean Havens and its personnel shall not be liable for any security breach or unauthorized access to your private account information.
9. You are responsible for advising Ocean Havens of any changes to your contact information.
10.  Ocean Havens has no control over, and is not responsible for any alterations, modifications, discontinuances, or cancellation of any benefits offered by or on behalf any of its Marketing Partners through the Program.  Benefits offered by or on behalf of Marketing Partners are subject to expiration, cancellation, or change in the Marketing Partners’ sole discretion, and without prior notice.  Ocean Havens has no control over, and is not responsible for, how its Marketing Partners apply or administer the benefits they offer, including any decision by the Marketing Partner to terminate such benefits or disqualify you from partaking in such benefits.  Nothing in these Terms of Use is intended or shall be construed to create or establish any agency, partnership, or joint venture relationship between Ocean Havens and any of its Marketing Partners.
11. In the event any portion of these Terms of Service is declared to be void or unenforceable by any judicial, executive, or administrative authority of competent jurisdiction, such provision will be deemed to be severable so that the remaining provisions of these Terms of Service can be carried out in accordance with the intent of the parties.
12. Failure, delay, or neglect by Ocean Havens to enforce at any time any provisions of these Terms of Service shall not be construed nor shall be deemed to be a waiver of Ocean Havens' rights hereunder, nor in any way affects the validity of the whole or any part of these Terms of Service, nor prejudices Ocean Havens' rights to take subsequent action.
13. This Agreement forms your and our entire understanding regarding the matters dealt with herein and it supersedes all previous agreements, understandings, and negotiations between you and Ocean Havens.  You acknowledge and agree that in entering into this Agreement you are not relying on and shall have no remedy in respect of any statement, representation, warranty or understanding of any person or entity not set forth herein.