These Terms of Service govern the use of the website operated by BEACH RAILPORT, LLC and the professional services that the company provides in computer integrated systems design for waterfront operators. BEACH RAILPORT, LLC is located at 1983 N Berra Blvd, Tooele - 84074-9015, United States (US). By visiting our website, contacting our team, or engaging our services, you agree to be bound by these terms. If you do not agree, you should stop using the website and refrain from engaging our services. Please read every section carefully, because the terms describe your obligations as well as ours.
By accessing the website at beachrailport.buzz, you confirm that you have read, understood and accepted these Terms of Service and our Privacy Policy. Your acceptance takes effect on the first time you use the website or contact us, and it continues for as long as you use our website or receive our services.
Where you use the website on behalf of an organisation, you represent that you have authority to bind that organisation to these terms, and references to you include that organisation. If you do not have that authority, you must not accept these terms or use the services on the organisation behalf.
BEACH RAILPORT, LLC provides computer integrated systems design services for waterfront operators. Our offerings include Dock Sensor Networks, Water Level Telemetry, Gangway Control Systems, Berth Scheduling Software, Weather Station Integration and Remote Monitoring Programs, together with the surveys, integration planning, installation, commissioning, documentation and support that accompany them.
The scope of any engagement is defined in a written proposal, statement of work or contract that both parties sign. These terms apply generally to all engagements and to the website, while the signed project document governs the specific deliverables, timelines and fees for a particular project. Where a signed project document conflicts with these terms, the signed document takes precedence for that project.
We may add, change or retire individual services over time. We will describe material changes clearly and will not alter the terms of an active engagement without the agreement of the affected client.
Our website and services are intended for organisations and their authorised representatives. By using them you confirm that you are at least the age of majority in your jurisdiction and that you are legally able to enter into binding agreements. You also confirm that any information you provide to us is accurate, current and complete to the best of your knowledge.
If we discover that information is inaccurate or that a person lacks authority, we may suspend or decline the engagement. We reserve the right to refuse service where providing it would be unlawful, unsafe, or inconsistent with our professional standards.
A successful dockside project depends on cooperation between our engineers and the client team. The client agrees to provide timely access to the site, to accurate drawings and records where they exist, to reliable power and network facilities where required, and to staff who can answer technical and operational questions. The client also agrees to nominate a single point of contact who can approve decisions and coordinate access.
The client is responsible for the safe conduct of its own personnel and visitors around the work area, for the structural integrity of the dock as an existing asset, and for any permits or permissions that the site requires. Where our survey finds a condition that affects safety or feasibility, we will report it plainly and may adjust the scope or schedule in response.
The client agrees not to misuse any equipment, software or documentation that we supply, and to follow the operating instructions and training that we provide for the systems we install.
Prices and estimates shown on our website or discussed in conversation are indicative only and do not constitute a binding offer. A binding commitment arises only when both parties sign a written proposal or contract that sets out the scope, fees, schedule and other material terms.
Proposals are valid for the period stated in the document. Where a proposal expires, we may revise it to reflect changes in material costs, labour availability or site conditions. Any variation to a signed scope must be agreed in writing before the additional work begins, and we will state the effect of the variation on fees and schedule.
Fees for our services are set out in the applicable proposal or contract. Unless the document states otherwise, invoices are payable within thirty days of the invoice date, and amounts that remain unpaid may attract interest at the rate stated in the contract or the maximum permitted by law. The client is responsible for any taxes, duties or levies that apply to the engagement, other than taxes on our own income.
Where a project is delivered in stages, we may invoice at agreed milestones. We may suspend work if an invoice remains overdue after a reasonable reminder, and we may recover reasonable costs of collection where payment is not made. Payments for work already performed and for materials already committed are not refundable except as required by law or as expressly stated in the contract.
Dockside work is sensitive to weather, tides and the operating calendar of the site. We plan installation and commissioning around the client schedule and we prefer off season windows so that berths can stay open. The client agrees to grant safe access to the required areas during agreed hours and to inform us promptly of any change that affects the plan.
Where a delay is caused by site conditions, weather beyond safe working limits, or a client decision, we will record the cause and may adjust the schedule. Neither party is liable for a delay caused by events beyond its reasonable control, but both parties will work in good faith to reduce the impact.
The website, its text, graphics, layout, style sheets and scripts are owned by BEACH RAILPORT, LLC or its licensors and are protected by applicable intellectual property law. You may view and print pages for your own reference, but you may not copy, republish, sell or redistribute our content without written permission.
Designs, drawings, software, configuration files and documentation that we create for a client project are governed by the applicable contract. Unless the contract states otherwise, we retain ownership of our underlying methods, templates, libraries and know how, and we grant the client a licence to use the delivered system for its internal business purposes. Ownership of project specific deliverables may pass to the client on full payment where the contract so provides.
Client materials such as drawings, photographs and specifications remain the property of the client, and we use them only to perform the engagement.
Each party agrees to keep confidential the non public information of the other party that it receives during an engagement. We protect client project data with the safeguards described in our Privacy Policy, and we use it only to deliver and support the agreed services. Where we must share data with a subcontractor, we do so under confidentiality obligations and only to the extent necessary.
Confidentiality obligations do not apply to information that is already public, that a party independently develops without using the other party information, or that must be disclosed by law. Where disclosure is compelled, the disclosing party will give reasonable notice so that the other party may seek protection. These obligations survive the end of the engagement.
You agree to use our website and services lawfully and responsibly. You must not attempt to gain unauthorised access to our systems or to any system we operate for a client, must not interfere with the availability or integrity of the website, and must not use our services to transmit malicious code, to harass any person, or to violate the rights of others.
You must not scrape, harvest or systematically extract content from the website, and you must not use automated tools to place excessive load on our infrastructure. Where we provide access credentials for a support portal or a monitoring dashboard, you must keep those credentials secure and must tell us promptly if you believe they have been compromised.
We may suspend access where we reasonably believe that use is unlawful, unsafe or harmful, and we will explain the reason where it is safe and lawful to do so.
Our dockside systems may include third party hardware, software and communication services. Those components are subject to the terms and warranties of their own suppliers, and we pass on the benefit of any manufacturer warranty that we are able to transfer. We select components with care, but we do not control their design or their future support decisions.
Where a third party component changes, is discontinued, or introduces a limitation, we will inform the client and propose a path forward. Our responsibility is to integrate the components competently and to maintain the integration, not to guarantee the independent acts of unrelated suppliers.
We warrant that our services will be performed in a professional and workmanlike manner consistent with the standards of our industry. We warrant that the delivered systems will materially conform to the agreed specification for the warranty period stated in the contract, provided that the client has used and maintained them as instructed.
Except for the warranties expressly stated, the website and our services are provided as available and without further warranties of any kind, whether express or implied, including any implied warranty of merchantability, fitness for a particular purpose or non infringement. We do not warrant that the website will be uninterrupted or error free, or that any dockside system will operate without the possibility of a fault.
A floating dock is exposed to weather, tides, impact and wear. Our systems are designed to detect and report adverse conditions and to degrade gracefully, but they are not a substitute for competent human supervision, safe operating practice and routine structural maintenance, and the client remains responsible for those duties.
To the fullest extent permitted by law, BEACH RAILPORT, LLC will not be liable for indirect, incidental, special, consequential or punitive damages, or for loss of profit, revenue, data, goodwill or business opportunity, arising out of or relating to the website or the services, even if we were advised of the possibility of such damages.
Our total aggregate liability arising out of or relating to an engagement will not exceed the total fees actually paid by the client to BEACH RAILPORT, LLC for the services giving rise to the claim during the twelve months preceding the event. Where law does not allow a particular limitation, that limitation will not apply, but the remaining limitations will continue in effect.
Nothing in these terms excludes liability that cannot lawfully be excluded, including liability for fraud or for death or personal injury caused by negligence where such exclusion is prohibited.
The client agrees to indemnify and hold harmless BEACH RAILPORT, LLC and its officers, employees and subcontractors from claims, damages, losses and reasonable expenses arising from the client materials, from the client use of a delivered system in a manner contrary to our instructions, from the condition of the client site, or from the client breach of these terms.
We agree to indemnify the client against claims that our original work infringes a third party intellectual property right, provided that the client promptly notifies us, allows us to control the defence, and does not settle the claim without our written consent. Where such a claim arises, we may modify the work, procure a licence, or refund the fees for the affected element, at our option.
Either party may terminate an engagement in accordance with the notice provisions of the applicable contract. A client may terminate for convenience where the contract so allows, subject to payment for work performed and for non cancellable commitments. We may terminate or suspend services where the client is in material breach and fails to remedy the breach within a reasonable period, or where continuing would be unlawful or unsafe.
Where an engagement ends, we will deliver completed work, return or delete client data as the client instructs and the contract requires, and provide reasonable transition assistance. Sections that by their nature should survive termination, including confidentiality, intellectual property, liability limits and governing law, remain in effect.
These terms and any engagement under them are governed by the laws of the State of Utah and the applicable federal laws of the United States, without regard to conflict of law principles. The parties will first attempt to resolve any dispute through good faith discussion between senior representatives.
If discussion does not resolve the dispute, the parties agree that the courts located in Utah will have jurisdiction, unless the applicable contract specifies a different forum or an arbitration process. Before commencing formal proceedings, the parties will consider mediation where it is appropriate. Nothing in this section prevents either party from seeking urgent relief to protect its rights or the safety of people and property.
We may revise these Terms of Service from time to time to reflect changes in our services, our practices or the law. When we make a material change, we will update this page and provide a clearer notice where the change is significant. The current version applies to your use of the website from the moment it is published.
A change does not alter the terms of an active engagement unless both parties agree in writing. Your continued use of the website after a revision indicates that you accept the revised terms, and if you do not accept them you should stop using the website and contact us with any concern.
If you have a question about these Terms of Service, please contact BEACH RAILPORT, LLC using the details below. We welcome specific questions and will answer them honestly and promptly. When you write, it helps to include the name of your organisation, the site you are asking about, and a short description of the matter, so that we can route your message to the right engineer and reply without delay.
BEACH RAILPORT, LLC
1983 N Berra Blvd
Tooele - 84074-9015
United States (US)
Email: operations@beachrailport.buzz
Phone: +14303278896
These Terms of Service, together with our Privacy Policy and any signed project document, form the entire agreement between the parties on the subjects they cover, and they replace any earlier discussion or understanding on those subjects. A waiver of any provision is effective only if it is in writing and signed by the party granting it, and a single waiver does not waive the provision on any later occasion.
If a provision of these terms is found to be invalid or unenforceable, that provision will be limited or removed to the smallest extent necessary, and the remaining provisions will continue in full force. A finding that one provision is unenforceable does not affect the validity of the rest of the agreement, and the parties will replace the affected provision with one that achieves the same purpose lawfully. This clause helps keep the agreement workable if a court or regulator reviews it.