Terms of Use

1. Acceptance of Terms

By accessing, browsing, or using this website, you agree to be bound by these Terms of Use and all applicable laws. If you do not agree, you must not access or use the website.

If you access or use the website on behalf of an entity, you represent that you have authority to bind that entity to these Terms.

2. About the Website and Services

This website is operated by Berger Realty Inc, a real estate company that offers vacation rental services and real estate sales services. The website may include property listings, rental availability information, photographs, descriptions, pricing information, neighborhood information, agent or broker contact information, and other materials related to our services.

3. Permitted Use

You may use the website only for lawful, internal, personal, or legitimate business purposes directly related to evaluating, booking, inquiring about, or using our vacation rental or real estate sales services, and only in a manner consistent with these Terms.

4. Prohibited Conduct

You may not, and may not permit or assist any third party to:

1. access or use the website in any way that violates applicable law or regulation;
2. copy, harvest, collect, extract, download, reproduce, index, store, republish, transmit, sell, license, or exploit any content, data, materials, or information from the website except as expressly authorized in writing by us;
3. use any robot, spider, scraper, crawler, bot, harvester, browser automation tool, macro, agent, extension, plug-in, script, software, or other automated or semi-automated means to access, monitor, query, collect data from, or interact with the website;
4. engage in screen scraping, web scraping, data mining, data extraction, content aggregation, framing, mirroring, or systematic retrieval of website content or data;
5. use any artificial intelligence system, large language model, machine learning model, dataset builder, training pipeline, retrieval system, agent, or similar technology to ingest, crawl, collect, copy, summarize, embed, fine-tune on, or otherwise use website content or data, including property listings, rental content, pricing data, photographs, descriptions, agent information, or other website materials, whether for training, inference, benchmarking, knowledge base construction, lead generation, or any other commercial or noncommercial purpose, without our prior written consent;
6. bypass or attempt to bypass rate limits, access controls, robots directives, authentication measures, traffic filters, CAPTCHAs, technical blocks, or any security or anti-bot mechanism;
7. impersonate a human user, disguise automated activity as human activity, rotate IPs, use residential proxies, forge headers, or use other methods intended to conceal the origin or nature of access;
8. probe, scan, test, or monitor the vulnerability, availability, performance, or security of the website, or impose an unreasonable or disproportionate load on the website or related infrastructure;
9. reverse engineer, decompile, disassemble, or otherwise attempt to derive source code, underlying ideas, models, datasets, or website structure, except to the extent such restriction is prohibited by law;
10. interfere with or disrupt the website or servers, including by excessive requests, denial-of-service activity, or unauthorized API calls;
11. use website content to develop, train, improve, validate, or operate a competing product or service, including any competing vacation rental, lead generation, listing aggregation, brokerage, or real estate marketplace service; or
12. access the website for the purpose of building or enriching a database, directory, dataset, model, or similar repository.

5. No Automated Access; No AI Bot Access

Except where we expressly authorize it in writing, all automated access to the website is prohibited. This prohibition applies regardless of whether the automated access is performed by:

• a script, scraper, crawler, bot, or browser automation tool;
• an AI agent, LLM-based system, autonomous browsing tool, or machine learning process;
• a third party acting on your behalf; or
• a person manually directing or supervising automated extraction.

For clarity, you may not use the website or its content for AI or machine learning training, fine-tuning, grounding, retrieval augmentation, dataset generation, evaluation, lead generation, or similar purposes without our prior written permission.

6. Robots.txt and Technical Measures

You must comply with all robots.txt directives, request headers, access policies, rate limits, and other technical controls we implement. Compliance with robots.txt alone does not create permission to scrape, copy, or use website content. We may use technical means to detect and prevent prohibited access, and you agree not to circumvent such measures.

7. Authorized Access

We may, in our sole discretion, authorize specific crawlers, integrations, partners, listing channels, or APIs under separate written terms. Any such authorization may be revoked at any time. Absent clear written authorization from us, no automated or bulk access is permitted.

8. Intellectual Property

The website and all text, graphics, images, layouts, source code, metadata, compilations, databases, property photographs, listing descriptions, rental content, trademarks, logos, and other content made available through the website are owned by or licensed to us and are protected by intellectual property and other laws.

No right, title, or interest in the website or its content is transferred to you except the limited right to access the website in accordance with these Terms.

9. Monitoring and Enforcement

We may monitor access to the website for security, operational, compliance, and enforcement purposes. Without limiting any other rights, we may investigate suspected violations and may suspend, block, rate-limit, restrict, terminate, or permanently deny access to any user, device, IP address, account, network, agent, or service we believe has violated these Terms.

We may also pursue any remedies available at law or in equity, including injunctive relief, damages, and recovery of costs associated with investigation, mitigation, and enforcement.

10. Feedback and Submissions

If you submit feedback or suggestions regarding the website, you grant us a worldwide, perpetual, irrevocable, royalty-free license to use them without restriction or compensation to you.

11. Privacy

Your use of the website is also subject to our Privacy Policy.

12. Disclaimers

The website is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and availability.

We do not warrant that the website will be uninterrupted, secure, or error-free, or that any defects will be corrected.

13. Limitation of Liability

To the maximum extent permitted by law, Berger Realty Inc and its affiliates, officers, directors, employees, and licensors will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenues, data, goodwill, or business opportunities, arising out of or related to the website or these Terms.

14. Indemnification

You agree to defend, indemnify, and hold harmless Berger Realty Inc and its affiliates, officers, directors, employees, contractors, licensors, and agents from and against any claims, liabilities, damages, judgments, losses, costs, and expenses, including reasonable attorneys fees, arising out of or related to your violation of these Terms, your misuse of the website, or your infringement of any rights of a third party.

15. Injunctive Relief

You acknowledge that unauthorized scraping, automated access, data extraction, or AI-related misuse of website content may cause irreparable harm for which monetary damages may be insufficient. You agree that we may seek injunctive or equitable relief, in addition to any other remedies, to prevent or stop such conduct.

16. Changes to Terms

We may modify these Terms at any time by posting updated Terms on the website. Changes become effective upon posting unless otherwise stated. Your continued use of the website after updated Terms are posted constitutes acceptance of the revised Terms.

17. Governing Law and Venue

These Terms are governed by the laws of the State of New Jersey, without regard to conflict of laws principles. Any dispute arising out of or relating to these Terms or the website shall be brought exclusively in the state of New Jersey, and you consent to their jurisdiction and venue.

18. Contact

For permissions, enforcement notices, or questions regarding these Terms, contact:

Berger Realty Inc
3160 Asbury Ave. Ocean City NJ 08226
info@bergerrealty.com
609.399.0076