Please read these Terms of Service carefully as they contain important information about
your legal rights, remedies, and obligations. By accessing or using the Dockd Services,
you agree to comply with and be bound by these Terms of Service.
THE AGREEMENT: The use of this website, https://Dockd.net, including any subdomains thereof
and any and all services on this Website (the “ Website ”), and the use our mobile, tablet and
other smart device applications, and application program interfaces (the “ Application ”), and all
associated services (collectively the “ Services ”), provided by Dockd (“ Dockd, ” “ we ,” “ us ,” “ our ,”
or the “ Company ”), are subject to the following Terms of Service Agreement (hereinafter the
“ Agreement ”), all parts and subparts of which are specifically incorporated by reference here.
This Agreement also specifically incorporates by reference the following:
or other agreements provided to you separately, or regarding a specific Service that you
may use, rent, provide, make available, or purchase on Dockd or through the Services
provided by us.
YOU ACKNOWLEDGE THAT DOCKD DOES NOT PROVIDE DOCKING, STORAGE,
TRANSPORTATION, MOORING, OR LOGISTICS SERVICES OR FUNCTION AS A
DOCKING, STORAGE, TRANSPORTATION, OR MOORING CARRIER. DOCKD’S SERVICES
MAY BE USED BY YOU TO REQUEST AND SCHEDULE BOAT DOCKING, STORAGE, AND
MOORING SERVICES WITH HOSTS AND TO COMMUNICATE WITH HOSTS, BUT YOU
AGREE THAT DOCKD HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY
BOAT OR WATER VESSEL DOCKING, STORAGE, TRANSPORTATION, MOORING, OR
LOGISTICS PROVIDED TO YOU BY HOSTS THROUGH THE USE OF THE SERVICES
OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
DOCKD DOES NOT GUARANTEE THE SUITABILITY, SAFETY OR ABILITY OF THE HOST
OR THE HOST SERVICES. IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE IF A
HOST SERVICE WILL MEET YOUR NEEDS AND EXPECTATIONS. BY USING THE
SERVICES, YOU ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO SITUATIONS
INVOLVING DOCKS, MARINAS, MOORING FIELDS, OR DRY STORAGE THAT ARE
POTENTIALLY UNSAFE, OFFENSIVE, HARMFUL TO MINORS, OR OTHERWISE
OBJECTIONABLE, AND THAT USE OF SUCH DOCKS, MARINAS, MOORING FIELDS, OR
DRY STORAGE ARRANGED OR SCHEDULED USING THE DOCKD SERVICES IS AT YOUROWN RISK AND JUDGMENT. DOCKD SHALL NOT HAVE ANY LIABILITY ARISING FROM
OR IN ANY WAY RELATED TO YOUR TRANSACTIONS OR RELATIONSHIP WITH HOSTS
OR THE HOST SERVICES.
ARTICLE 1 – DEFINITIONS:
The parties referred to in this Agreement shall be defined as follows:
a) Company, us, we: Dockd LLC, as the creator, operator, and publisher of Dockd, makes
Dockd, and the Services on it, available to its Users, as defined below.
b) You, the User: The Dockd Services provide an online marketplace that enables registered
users (“ Users ”) to offer, arrange, schedule, rent, reserve, or purchase certain services.
Certain Users may offer services through the Dockd Services, (Users who offer services
are “ Hosts ” and the services they offer are “ Host Services ”). All Host Services will be
published through the Services as Listings and Users using Host Services are “ Guests ”.
You, as a passive or active visitor to Website or Application, or as a User of any of the
Dockd Services, will be referred to throughout this Agreement with second-person
pronouns such as you, your, yours, or as User.
c) The Host Services allow Hosts to offer, arrange, and schedule, their privately owned or
controlled boat and watercraft storage space (e.g., docks, marinas, mooring fields, dry
storage, etc.) for use, logistic services, rentals, and reservations by private watercraft
owners. The Hosts Services are provided by independent third party dockage providers and
third party logistics providers. Unless otherwise agreed by Dockd, the Host Services are
made available solely for your personal, non-commercial use.
d) Parties: Collectively, the parties to this Agreement, (the Company and You) will be referred
to as “Parties”.
e) Payout: a payment initiated by Dockd to a User for services performed in connection with
the Dockd Services.
f)Payment Method: a financial instrument that you have added to your Account, such as a
credit card, debit card, or PayPal account.
g) Payout Method: a financial account that you have added to your Account, such as a bank
account or PayPal account.
ARTICLE 2 – ASSENT & ACCEPTANCE:
By using Dockd, you warrant that you have read and reviewed this Agreement and that you
agree to be bound by it. If you do not agree to be bound by this Agreement, please exit the
Dockd Website or Application and cease any use of the Dockd Services. The Company only
agrees to provide use of Dockd and the Services to you if you assent to this Agreement. BY
USING DOCKD, YOU ARE AGREEING THAT ANY DISPUTES BETWEEN YOU AND THE
COMPANY WILL BE RESOLVED BY ARBITRATION. SUCH ARBITRATION WILL BEBINDING. YOU ARE HEREBY WAIVING YOUR RIGHT TO A TRIAL OR CLASS ACTION.
FURTHER INFORMATION CAN BE FOUND IN ARTICLE 33(C)(4) BELOW.
ARTICLE 3 – AGE RESTRICTION:
You must be at least 18 (eighteen) years of age to use Dockd or any Services provided by
Dockd. By using Dockd, you represent and warrant that you are at least 18 (eighteen) years of
age and may legally enter into a binding contract with Dockd. We disclaim any liability for any
misrepresentation of your or any other User’s age. You further represent and warrant that you
are not prohibited from using Dockd under the laws of the United States or any applicable
jurisdiction. Specifically, you represent and warrant that you are not on the U.S. Treasury
Department’s list of Specially Designated Nationals. The Company assumes no responsibility or
liability for any misrepresentation of your age.
ARTICLE 4 – DESCRIPTION OF SERVICES:
Dockd is an online marketplace that enables Hosts to provide Listings for their Host Services,
and for Guests and Users to review, rent, and purchase the Host Services.
As the provider of the Services, Dockd does not own, create, sell, resell, provide, control,
manage, offer, deliver, or supply any Listings or Host Services. Hosts alone are responsible for
their Listings and Host Services.
When entering into a transaction regarding a Listing, the Host and Guest are dealing solely and
exclusively with each other. Dockd may engage third-parties to assist in the processing of
transactions, but contracts for rental of Host Services do not and will not involve Dockd in any
manner. Dockd is not acting as an agent in any capacity for any User.
While we may help facilitate the resolution of disputes, Dockd has no control over and does not
guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services,
(ii) the truth or accuracy of any Listing descriptions or other User Content (as defined below), or
(iii) the performance or conduct of any User or third party. Dockd does not endorse any User,
Listing or Host Services. You should always exercise due diligence and care when deciding
whether to make a Listing, use Host Services, accept a booking request from a Guest, or
communicate and interact with other Users, whether online or in person. Images included with
Host Services are intended only to indicate a photographic representation of a Listing at the
time the photograph was taken.
If you choose to use the Services as a Host your relationship with Dockd is limited to being an
independent, third-party contractor, and not an employee, agent, joint venturer or partner of
Dockd for any reason, and you act exclusively on your own behalf and for your own benefit, and
not on behalf, or for the benefit, of Dockd. Dockd does not, and shall not be deemed to, direct or
control you generally or in your performance under this Agreement specifically, including in
connection with your provision of the Host Services. You acknowledge and agree that you have
complete discretion whether to list Host Services or otherwise engage in other business or
ARTICLE 5 –USING THE SERVICES AND USER VERIFICATION:
By becoming a User, you acknowledge and agree that your use of the Services will be in
compliance with all applicable law, rules, and regulations applicable to your activities as a Host,
Guest, and User.
Dockd may make access to and use of the Dockd Services, or certain areas or features of the
Dockd Services, subject to certain conditions or requirements, such as completing a verification
process, meeting specific quality or eligibility criteria, meeting certain thresholds, or a User’s
booking and cancellation history.
Dockd is not liable or responsible for the confirmation of any User’s identity due to the inherent
challenges of User verification on the internet. User verification on the Internet is difficult and we
do not assume any responsibility for the confirmation of any User’s identity. Notwithstanding the
foregoing, for transparency and fraud prevention purposes, and as permitted by applicable law,
we may undertake the following verification activities:
1. Require Users to provide a form of government-issued identification or other official
2. Require Users to connect through APIs to social media websites for additional identity
3. Require Users to provide any applicable certificates of insurance;
4. Screen Users against third-party databases or other sources and request reports from
any third-party service providers; or
5. In circumstances where we have sufficient information to identify a User, we may obtain
reports from public records of criminal convictions, sex offender registrations, or
equivalent versions of background or registered sex offender checks in the relevant local
jurisdiction, if such background information is available.
We are, however, under no obligation to undertake any of these verification activities and may
refrain from doing so in our sole and exclusive discretion.
Dockd reserves the right to refuse service, terminate Accounts or remove or edit content
(including User Content) in its sole discretion, as described throughout this Agreement.
ARTICLE 6 – REGISTRATION:
You must register an account (“ Account ”) to access and use certain features of the Dockd
Services, such as publishing or booking a Listing. If you are registering an Account for a
company or other legal entity, you represent and warrant that you have the authority to legally
bind that entity and grant us all permissions and licenses provided in this Agreement.
You can register an Account using an email address and creating a password, or through your
account with certain third-party social networking services, such as Facebook or Google (“ SNS
Account ”). Information received through those SNS Accounts may include, but is not limited to,
name, email address, public profile information, friend and contact lists, age, location, photos,
occupation, education, and sex. You hereby explicitly authorize us to use such information forthe purposes of providing the Services to you. You further acknowledge and agree that your use
documents of those respective businesses.
You must provide accurate, current and complete information during the registration process
and keep your Account information up-to-date at all times. Providing false or inaccurate
information or using Dockd or the Services to further fraud or unlawful activity, is grounds for
immediate termination of your account with Dockd and this Agreement with you. Users may not
have more than one active Account on Dockd, and all Users are prohibited from selling, trading,
or otherwise transferring their Dockd Account to another party.
You are responsible for maintaining the confidentiality and security of your Account credentials
and may not disclose your credentials to any third party. You must immediately notify Dockd if
you know or have any reason to suspect that your credentials have been lost, stolen,
misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized
use of your Dockd Account. You are liable for any and all activities conducted through your
Account, unless such activities are not authorized by you and you are not otherwise negligent
(such as failing to report the unauthorized use or loss of your credentials).
Further, your access to Dockd may be reliant upon additional third parties, such as internet
service providers, mobile data providers, or others. You are solely and exclusively responsible
for the relationship between yourself and any additional third-party providers, including the
payment of any fees which may assist in your access to Dockd.
For safety, we recommend that you log out of your account at the end of each session. Dockd
will not be liable for any losses caused by any unauthorized use of your account.
For additional information regarding our collection of information, please refer to our Privacy
ARTICLE 7 – PAYMENT METHODS & PAYOUT METHODS, SERVICE FEES:
When you add a Payment Method or Payout Method to your Account, you will be asked to
provide customary billing information such as name, billing address, and financial instrument
information (e.g., PayPal account information, debit or credit card number, security code,
expiration date) to our third-party payment processor (Stripe). You must provide accurate,
current, and complete information when adding a Payment Method or Payout Method, and it is
your obligation to keep your Payment Method and Payout Method up-to-date at all times. The
information required for Payout Methods will depend on the particular Payout Method and may
include: PayPal account information, your residential address, name on the account, account
type, routing number, account number, and account information associated with a particular
Please note that Payment Methods and Payout Methods will involve the use of third-party
payment service provider (Stripe). Your Payment Method or Payout Method is also subject to
additional terms and conditions imposed by the applicable third-party payment service provider;
please review these terms and conditions before using your Payment Method or Payout
Method.You are solely responsible for the accuracy and completeness of your Payment Method and
Payout Method information. Dockd is not responsible for any loss suffered by you as a result of
incorrect Payment Method or Payout Method information provided by you. If any of your
payment or billing information is not up-to-date or accurate, along with the other remedies
described herein, we may temporarily suspend or permanently terminate your account.
Dockd may, from time-to-time, offer you promotional payment information or discounts, in our
sole and exclusive discretion. If we do so, you acknowledge and agree that we are under no
obligation to continue offering or providing such promotions or discounts and that we may cease
such promotions or discounts at any time.
If you choose to purchase a Host Service, at the time of your purchase, you will be provided
with an invoice, listing itemized costs. All purchases are final.
You may modify your payment information through your user account on the Dockd platform.
Dockd’s payment facilitation is structured to fully compensate the Hosts for the Host Services
provided. Dockd does not designate any portion of your payment as a tip or gratuity to the Host.
Any representation by Dockd, on the Services or in Dockd’s marketing materials to the effect
that tipping is “voluntary,” “not required,” or “included” in the payments you make for Host
Services is not intended to suggest that Dockd provides any additional amounts, beyond those
described in this Agreement, to the Host. You understand and agree that, while you are free to
provide additional payment as gratuity directly to any Host or others working on behalf of the
Host who provides you Host Services, you are under no obligation to do so. All gratuities are
ARTICLE 7.1 – Service Fees
Dockd may charge fees to Hosts (“ Host Fees ”) and/or Guests (“ Guest Fees ”) (collectively,
“ Service Fees ”) in consideration for the use of the Dockd Services.
Please be advised all transactions will be rounded up or down to non-decimal amounts.
For example, a transaction amount of $55.40 would be rounded down to $55.00. A
transaction amount of $55.60 would be rounded up to $56.00. Transactions which end in
$0.50 will be rounded up. All transactions are subject to this clause.
Any applicable Service Fees (including any applicable taxes) will be displayed to a Host or
Guest prior to publishing or booking a Listing. Dockd reserves the right to change the Service
Fees at any time.
You are responsible for paying any Service Fees that you owe to Dockd. The applicable Service
Fees (including any applicable taxes) are collected and processed by a third-party vendor.
Dockd will deduct any Host Fees from the Listing Fee before the payout is remitted to the Host.
Any Guest Fees are included in the Total Fees collected by Dockd Payments. Except as
otherwise provided on the Dockd Platform, Service Fees are non-refundable.
ARTICLE 8 – TERMS SPECIFIC FOR HOSTS:
ARTICLE 8.1 – Terms applicable to all Listings
When creating a Listing through the Services you must (i) provide complete and accurate
information about your Host Service (such as description, location, photographs, videos, and
calendar availability), (ii) disclose any deficiencies, restrictions, and requirements that apply and
(iii) provide any other pertinent information requested by Dockd. You are responsible for
keeping your Listing information (including calendar availability) up-to-date at all times.
You are solely responsible for setting a price (including any taxes if applicable) for your Listing
(“ Listing Fee ”). Once a Guest requests a booking of your Listing, you may not request that the
Guest pays a higher price than in the booking request.
Any terms and conditions included in your Listing, in particular in relation to cancellations, must
not conflict with this Agreement or the relevant cancellation policy for your Listing. You as a
Host are free to provide your own cancellation policy in each of your Listing(s).
Pictures or videos (collectively, “ Images ”) used in your Listings must accurately reflect the
quality and condition of your Host Services.
The placement and ranking of Listings in search results on the Dockd Services may vary and
depend on a variety of factors, such as a User’s search parameters and preferences, Listing
requirements, price and calendar availability, number and quality of Images, cancellation
history, reviews and ratings, and/or type of Host Service.
When you accept a booking request by a Guest, you are entering into a legally binding
agreement with the Guest and are required to provide your Host Service(s) to the Guest as
described in your Listing when the booking request is made. You also agree to pay the
applicable Host Fee and any applicable taxes.
Dockd recommends that Hosts obtain appropriate insurance for their Host Services. Please
review any respective insurance policy carefully, and in particular make sure that you are
familiar with and understand any exclusions to, and any deductibles that may apply for, such
insurance policy, including, but not limited to, whether or not your insurance policy will cover the
actions or inactions of Guests.
You represent and warrant that any Listing you post and the booking of, or a Guest’s stay use of
your Host Services will (i) not breach any agreements you have entered into with any third
parties, such as homeowner’s association or other agreements, and (ii) comply with all
applicable laws (such as zoning laws), tax requirements, and other rules and regulations
(including having all required permits, licenses and registrations). As a Host, you are
responsible for your own acts and omissions and are also responsible for the acts and
omissions of any individuals who utilize your Host Services at your request or invitation,
excluding the Guest.
ARTICLE 8.2 – Financial Terms for Hosts
Generally speaking, Dockd will collect all fees per month from a Guest at the time the Guest’s
booking request is accepted by the Host. A one-month initial deposit will be collected.
If the booking is less than a one-month period, Dockd will collect all fees for the booking up
In order to receive a Payout, you must have a valid Payout Method linked to your Account.
Dockd will generally initiate Payouts to your selected Payout Method 24 hours after docking, so
both Parties may ensure all expectations are met.
The time it takes to receive Payouts may depend upon the Payout Method you select and the
Payout Method provider’s processing schedule. Our third-party payment processor may delay or
cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment,
security, or investigation.
Your Payout for a booked Listing will be the Listing Fee less applicable Host Fees and taxes.
If you choose to provide a cancellation policy in a Listing, then in the event of a Guest’s
cancellation of a confirmed booking, we will remit a Payout of any portion of the fees due back
to the Guest from you under the applicable cancellation policy.
ARTICLE 9 – TERMS SPECIFIC FOR GUESTS:
ARTICLE 9.1 – Terms for all Guests
Before booking a Listing, you must provide complete information about your boat and/or
watercraft (e.g., make, model, size, length) and include photographs of your boat and/or
watercraft. However, after the required boat or watercraft information has been provided, and
subject to meeting any requirements (such as completing any verification processes or
providing complete Payment Method information) set by Dockd and/or the Host, you can book a
Listing available on the Services by following the respective booking process. All applicable
fees, including the Listing Fee, Guest Fee and any applicable taxes (collectively, “ Total Fees ”)
will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any
booking requested in connection with your Account.
Upon receipt of a booking confirmation from Dockd, a legally binding agreement is formed
between you and your Host, subject to any additional terms and conditions of the Host that
apply, including in particular the applicable cancellation policy and any rules and restrictions
specified in the Listing. We, or our third-party payment processor, will collect the Total Fees
from your Payment Method at the time the Host’s confirmation of your booking.
In certain circumstances, Dockd may decide, in its sole discretion, that it is necessary to cancel
a confirmed booking and make the appropriate refund and payout decisions. This may be (i)
where Dockd believes in good faith, while taking the legitimate interests of both parties intoaccount, this is necessary to avoid significant harm to Dockd, other Users, third parties or
property, or (ii) for any of the reasons set out in this Agreement.
ARTICLE 9.2 – Financial Terms for Guests
You authorize Dockd or our third-party payment processor to charge your Payment Method the
Total Fees for any booking requested and accepted in connection with your Account. We, or our
third-party payment processor, will collect the Total Fees from your provided Payment Method
after the Host accepts your booking request. Once the payment transaction for your requested
booking is successfully completed, you will receive a confirmation email.
If an accepted Listing is cancelled in accordance with the Listing’s cancellation policy, any
amounts collected by Dockd will be refunded to you in accordance with the applicable
cancellation policy. The timing to receive the refund will vary based on the Payment Method and
any applicable payment system (e.g., Visa, MasterCard, etc.) rules.
If the applicable Listing does not contain a cancellation policy, or you do not cancel a booked
Listing in conformance with the applicable cancellation policy, you will not generally receive a
refund after a booking is confirmed. In extreme circumstances, you may request a refund
directly from Dockd by contacting us at firstname.lastname@example.org . You will be provided a refund, if at all,
in Dockd’s sole discretion, and only then when the Listing and Host Services are completely
incongruous, inaccessible inoperable, or damaged, and as a result the Host Services cannot be
utilized as described in the Listing. In any case, if your boat or watercraft is not as you originally
described (for any reason, including size, make, model, etc.) and the difference causes the
inapplicably or inoperability of the Host Services, you will not be provided a refund by Dockd.
ARTICLE 10 – TAXES
As a Host you are solely responsible for determining your obligations to report, collect, remit or
include in your Listing Fees any applicable VAT or other indirect sales taxes, occupancy tax,
tourist or other visitor taxes or income taxes.
Tax regulations may require us to collect appropriate tax information from Hosts, or to withhold
taxes from payouts to Hosts, or both. If a Host fails to provide us with documentation that we
determine to be sufficient to alleviate our obligation (if any) to withhold taxes from payouts to
you, we reserve the right to freeze all Payouts, withhold such amounts as required by law, or to
do both, until resolution.
ARTICLE 11 – INTERACTIONS WITH OTHER USERS & RATINGS:
As Dockd is a platform to connect Hosts and Guests, you will be permitted to communicate with
other Users through the interactive features of the Dockd Website. You will also be permitted to
post additional User Content on the site as defined further in Article 12 this Agreement. Dockd
hereby expressly disclaims any and all responsibility for the actions, interactions, conduct,
communications or other relationships of any Users on or off Dockd.
All Users must comply with the Acceptable Use provision of this Agreement. Regardless, Dockd
encourages all Users to look out for their own safety on and off Dockd. As such, please be
reminded of basic safety tips, such as to never disclose financial information, identifyinginformation, or other official personal documentation or information with anyone. Dockd makes
no warranties, representations, guarantees, or other promises or covenants with regard to any
User or their conduct.
You hereby acknowledge and agree that Dockd is not responsible or liable in any way for your
actions with others (including other Users) and that your actions and interactions are your sole
and exclusive responsibility.
Dockd permits Hosts and Guests to leave reviews for each other. Reviews on the Dockd
Services do not reflect the opinions of Dockd and are instead listed by individual Users. Dockd
does not verify any reviews for accuracy, but all reviews must comply with the Acceptable Use
provision in this Agreement and the terms of this Agreement as a whole.
ARTICLE 12 – USER-GENERATED CONTENT:
Dockd contains screens, pages, listings and other interactive features (collectively, “ Interactive
Services ”) that allow users to post, submit, publish, display, or transmit to other Users or other
persons photos, videos, text, content, or materials (collectively, “ User Content ”) on or through
the Dockd Services.
User Content may specifically include images of Host Services and personal boats and
watercraft, as well as feedback and reviews.
All User Content must comply with the Acceptable Use provision in this Agreement and the
terms of this Agreement as a whole.
Any User Content you post to the Services will be considered non-confidential and
non-proprietary and should otherwise be considered public. By providing any User Content on
or to Dockd, you grant us and our affiliates and service to use, providers, and each of their and
our respective licensees, successors, and assigns, a royalty-free, non-exclusive, sub-licensable,
transferable, perpetual, worldwide license reproduce, modify, perform, display, broadcast,
stream, transmit, distribute, make derivative works of, and otherwise disclose to third parties and
exploit any such content you post, publish, upload or otherwise make available to Dockd
through the Dockd Services. Such content includes any photos and videos of you, photos, the
Host Services, or your boat/watercraft, or other identifying content that you may make available
on the Dockd platform. The Company claims no further proprietary rights in your User Content.
You further represent and warrant that:
1. You own or control all rights in and to the User Content and have the right to grant the
license granted above to us and our affiliates and service providers, and each of their
and our respective licensees, successors, and assigns.
2. All of your User Content does and will comply with this Agreement.
3. None of your User Content, nor the posting, uploading, submission, transmittal or
publication of your User Content infringe upon, misappropriate, or violate a third party’s
patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual
property rights, or rights of publicity or privacy, or result in the violation of any applicable
law or regulation.4. You understand and acknowledge that you are responsible for any User Content you
submit or contribute, and you, not the Company, have full responsibility for such content,
including its legality, reliability, accuracy, and appropriateness.
5. We are not responsible or liable to any third party for the content or accuracy of any User
Content posted by you or any other user of the Website.
ARTICLE 13 – DAMAGE TO HOST SERVICES
As a Guest, you are responsible for leaving the Host Services (including any personal or other
property located therein) in the condition it was in when you arrived. You are responsible for
your own acts and omissions and are also responsible for the acts and omissions of any
individuals whom you invite to, or otherwise provide access to, the Host Services, excluding the
Host (and the individuals the Host invites to the Host Services, if applicable).
If a Host claims and provides evidence that you as a Guest have damaged the Host Services or
any personal or other property at the Host Services (“ Damage Claim ”), the Host can seek
payment from you directly. If a Host escalates a Damage Claim to Dockd, you will be given an
opportunity to respond. If you agree to pay the Host, or Dockd determines in its sole discretion
that you are responsible for the Damage Claim, we or our third-party payment processor will
collect any such sums from you required to cover the Damage Claim. Dockd also reserves the
right to otherwise collect payment from you and pursue any remedies available to Dockd in this
regard in situations in which you are responsible for a Damage Claim.
Users agree to cooperate with and assist Dockd in good faith, and to provide Dockd with such
information and take such actions as may be reasonably requested by Dockd, in connection
with any Damage Claims or other complaints or claims made by Users relating to the Host
Services or any personal or other property located at the Host Services.
ARTICLE 14 – NO 501(c)(3) STATUS:
You acknowledge and agree that Dockd is not a charitable organization, as that term is defined
under the Internal Revenue Code. Utilizing our Services does not entitle you to receive any
tax-deduction based on your use of Dockd.
ARTICLE 15 – LICENSE TO USE SERVICES:
The Company may provide you with certain materials as a result of your use of Dockd or the
Services. Such materials may include, but are not limited to, the Dockd Website as a whole,
documentation, data, or information developed by the Company, and other materials which may
assist in your use of Dockd or the Services (“ Company Materials ”). Subject to this Agreement,
the Company grants you a personal, non-exclusive, limited, non-transferable and revocable,
worldwide and royalty-free license to use the Company Materials solely in connection with your
use of Dockd and the Services. The Company Materials may not be used for any other purpose
and this license terminates upon your cessation of use of the Services, or at the termination of
this Agreement.The limited license provided to you herein specifically does not include the downloading or
copying information for the benefit of another vendor or third party or distributing or disclosing
any part of the Website in any medium, including, without limitation, by any automated or
non-automated large-scale removal of data, also known as “scraping.”
ARTICLE 16 – INTELLECTUAL PROPERTY:
You agree that Dockd, and all Services provided by the Company, are the property of the
Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual
property, including, but not limited to, Dockd, and any other trademarks or service marks found
on the Dockd Website, Application, or in the Services, excluding User Content (“ Company IP ”).
The Company IP also includes a copyright in the entirety of the underlying Dockd Services, with
exception of the User Content. You agree that the Company owns all right, title, and interest in,
and to, the Company IP, and that you will not use the Company IP for any unlawful or infringing
purpose. You agree not to reproduce or distribute the Company IP in any way, including
electronically or via registration of any new trademarks, trade names, service marks, or Uniform
Resource Locators (URLs), without express written permission from the Company.
ARTICLE 17 – ACCEPTABLE USE:
You agree not to use the Services for any unlawful purpose or any purpose prohibited under this
clause. You agree not to use the Services in any way that could damage Dockd, the Services,
or general business of the Company. Dockd is under no obligation to monitor any User Content
on the Services but may choose to do so in our sole and exclusive discretion for compliance
with this Acceptable Use Policy and this Agreement as a whole.
You further agree not to use the Services:
1. To harass, abuse, bully or threaten others or otherwise violate any person’s legal
2. To upload or publish material which encourages conduct that would constitute a
criminal offense, give rise to civil liability or otherwise violate any applicable local,
state, national or international law;
3. To violate any intellectual property rights of the Company or any third party;
4. To upload or otherwise disseminate any computer viruses or other software that
may damage the property of another;
5. To perpetuate any fraud;
6. To engage in, or create, any unlawful gambling, sweepstakes, or pyramid
7. To publish or distribute any material that incites violence, hate or discrimination
towards any group;
8. To share personally identifying information of yourself or any third party, with the
limited exception of sharing such information in connection with a Listing;
9. To spam or otherwise solicit any Users in any way, including using Dockd toa. Connect to people who don’t know you for the purpose of sending
unsolicited promotional messages to those direct connections without
their permission; or
b. Send messages to distribution lists, newsgroup aliases, or group aliases;
2. To advertise or create marketing communications;
3. To post any intellectual property, including photos, of any other person without
4. To exploit, harm, or attempt to exploit or harm minors in any way by exposing
them to inappropriate content, asking for personally identifiable information, or
5. To imply any endorsement by the Company;
6. To provide for or make the Services available to any third party;
7. To upload or post anything, including any of the Services, on any file-sharing or
similar application or website;
8. offer, as a Host, any Host Services that you do not yourself own or have
permission to make available as a property through the Services;
9. unless Dockd explicitly permits otherwise, book any Listing if you will not actually
be using the Host Services yourself;
10. request, accept or make any payment for Listing Fees outside of the Services. If
you do so, you acknowledge and agree that you: (i) would be in breach of this
Agreement; (ii) accept all risks and responsibility for such payment, and (iii) hold
Dockd harmless from any liability for such payment;
11. discriminate against or harass anyone on the basis of race, national origin,
religion, gender, gender identity, physical or mental disability, medical condition,
marital status, age or sexual orientation, or otherwise engage in any violent,
harmful, abusive or disruptive behavior;
12. To unlawfully gather information about others;
13. To create fake accounts or additional accounts, in the circumstance that your
account has been terminated; or
14. To impersonate or attempt to impersonate the Company, a Company employee,
another User, or any other person or entity (including, without limitation, by using
email addresses or usernames associated with any of the foregoing).
You acknowledge that Dockd has no obligation to monitor the access to or use of the Services
by any User or to review, disable access to, or edit any User Content, but has the right to do so
to (i) operate, secure and improve the Services (including without limitation for fraud prevention,
risk assessment, investigation and customer support purposes); (ii) ensure User’s compliance
with this Agreement; (iii) comply with applicable law or the order or requirement of a court, law
enforcement or other administrative agency or governmental body; (iv) respond to User Content
that it determines is harmful or objectionable; or (v) as otherwise set forth in this Agreement.
Users agree to cooperate with and assist Dockd in good faith, and to provide Dockd with such
information and take such actions as may be reasonably requested by Dockd with respect toany investigation undertaken by Dockd or a representative of Dockd regarding the use or abuse
of the Services.
You acknowledge and agree that we may terminate your Account at any time if you violate any
of the terms of this Agreement, at our sole and exclusive discretion. Dockd may also take further
action, such as notifying the appropriate authorities, removing any content that you may have
posted, or other such action as we deem appropriate. Dockd may also stop any transaction
which the Company believes may be harmful to the public, or the Company, or otherwise poses
any unacceptable risk.
ARTICLE 18 – EXPORT CONTROLS:
You hereby agree to comply with all local rules relating to online conduct and that which is
considered acceptable content. Uploading, posting and/or transferring of software, technology,
and other technical data may be subject to the export and import laws of the United States and
possibly other countries. You agree to comply with all applicable export and import laws,
statutes, and regulations, including, but not limited to, the Export Administration Regulations, as
well as the Sanctions Control Program of the United States.
ARTICLE 19 – SERVICE CHANGES:
At our sole and exclusive discretion, we may offer additional Services, or we may update,
modify, or revise any current content and Services. If we do so, this Agreement shall apply to
any and all additional Services and/or products, and any and all updated, modified, or revised
Services unless otherwise stipulated. We hereby reserve the right to cancel and cease offering
any of the aforementioned Services and/or products at our discretion. You, as the end User,
acknowledge, accept, and agree that we shall not be held liable for any such updates,
modifications, revisions, suspensions, or discontinuance of any of our Services. Your continued
use of the Services provided, after such posting of any updates, changes, and/or modifications,
shall constitute your acceptance of such updates, changes and/or modifications. Should you not
agree to the updates, revisions, or modifications, you must stop using the Dockd Website,
Application, and Services immediately.
ARTICLE 20 – REVERSE ENGINEERING & SECURITY:
You agree not to undertake any of the following actions:
1. Scan or probe the underlying structure of Dockd or the Services;
2. Reverse engineer, or attempt to reverse engineer or disassemble any code or software
from or on Dockd or the Services;
3. Violate the security of Dockd or the Services through any unauthorized access,
circumvention of encryption, or other security tools, data mining, or interference to any
host, User or network;
4. Cache or upload unauthorized hypertext links to the Services;5. Use bots, web crawlers, or any similar devices or online tools to access or index data
from the Services;
6. Attempt to disrupt the experience of other Users on Dockd in any way;
7. Disseminate any virus or other bad code which could harm Dockd or the Services, or
any device of any User, specifically including files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or
telecommunications equipment; or
8. Undertake any action that imposes or may impose, in our sole and exclusive discretion,
an unreasonable or disproportionately large load on Dockd’ infrastructure.
Any violations of this clause will be grounds for immediate termination of your Account
and this Agreement between you and the Company. Additionally, actions undertaken in
violation of this clause are specifically excepted from the Arbitration Provision of this
Agreement, and Dockd reserves all rights to pursue any and all remedies, including
monetary damages and injunctive relief, available under applicable law.
ARTICLE 21 – DATA LOSS:
The Company does not accept responsibility for the security of your Account, content, User
Content, Listings, or Host Services. While Dockd attempts to maintain the safety and security of
the Services according to industry standards, no transmission of data via the Internet is
completely secure. Thus, you agree that your use of Dockd and Services is at your own risk.
ARTICLE 22 – INDEMNIFICATION:
YOU AGREE TO RELEASE, DEFEND (AT DOCKDS OPTION), INDEMNIFY, AND HOLD
DOCKD AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND
AGENTS, HARMLESS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES,
LOSSES, AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL
AND ACCOUNTING FEES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) YOUR
BREACH OF THIS AGREEMENT OR OUR POLICIES, (II) YOUR IMPROPER USE OF THE
DOCKD SERVICES, (III) YOUR INTERACTION WITH ANY USER, USE OR PROVISION OF
HOST SERVICES, AND USE OR PROVISION OF A GUEST’S BOAT OR OTHER
WATERCRAFT, INCLUDING WITHOUT LIMITATION ANY INJURIES, LOSSES OR
DAMAGES (WHETHER COMPENSATORY, DIRECT, INCIDENTAL, CONSEQUENTIAL OR
OTHERWISE) OF ANY KIND ARISING IN CONNECTION WITH OR AS A RESULT OF SUCH
INTERACTION, STAY, PARTICIPATION OR USE, OR (IV) YOUR BREACH OF ANY LAWS,
REGULATIONS OR THIRD PARTY RIGHTS.
CALIFORNIA RESIDENTS WHO MAY ACCESS DOCKD, HEREBY WAIVE CALIFORNIA
CIVIL CODE SECTION 1542, THE TEXT OF WHICH IS AS FOLLOWS: “A GENERAL
RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH
IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THEDEBTOR.” IF ANY COMPARABLE STATUTE, REGULATION, OR DOCTRINE EXISTS IN
YOUR JURISDICTION, YOU HEREBY WAIVE SUCH STATUTE, REGULATION, OR
DOCTRINE, AS WELL.
ARTICLE 23 – SPAM POLICY:
You are strictly prohibited from using Dockd or any of the Company’s Services for illegal spam
activities, including gathering email addresses and personal information from others, or sending
any mass commercial emails.
ARTICLE 24 – THIRD-PARTY LINKS & CONTENT:
The Company may display, include, or make available, third-party content (including data,
information, applications, and other products, services, and/or materials) or provide links to
third-party websites or services, including through third-party advertising (“ Third-Party
Materials ”). You acknowledge and agree that Company is not responsible for Third-Party
Materials, including their accuracy, completeness, timeliness, validity, copyright compliance,
legality, decency, quality, or any other aspect thereof. The Company does not assume and will
not have any liability or responsibility to you, or to any other person or entity for any Third-Party
Materials. Third-Party Materials and links thereto are provided solely as a convenience to you,
and you access and use them entirely at your own risk, and subject to such third parties’ terms
ARTICLE 25 – MODIFICATION & VARIATION:
The Company may, from time to time and at any time without notice to you, modify this
Agreement. If we do so, we will change the “Last Modified” date at the top of this Agreement.
We will also endeavor to provide you with notice of the modifications by email at least 30 (thirty)
days before the date they become effective but cannot guarantee such email notice.
You agree that the Company has the right to modify this Agreement or revise anything
contained herein. You further agree that all modifications to this Agreement are in full force and
effective immediately upon posting online, on Dockd, and that modifications or variations will
replace any prior version of this Agreement unless prior versions are specifically referred to or
incorporated into the latest modification or variation of this Agreement.
To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of
law, you agree that the prior, effective version of this Agreement shall be considered
enforceable and valid to the fullest extent.
You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top
of this Agreement, to note modifications or variations. You further agree to do so only after
Dockd has been fully closed and reopened, and your cache has been cleared to avoid
accessing a prior version of this Agreement. You agree that your continued use of Dockd after
any modifications to this Agreement is a manifestation of your continued assent to this
Agreement.In the event that you fail to monitor any modifications to or variations of this Agreement, you
agree that such failure shall be considered an affirmative waiver of your right to review the
ARTICLE 26 – GEOGRAPHIC RESTRICTIONS:
Dockd is based in the state of New Jersey, in the United States. We provide Dockd for use only
by persons located in the United States. We make no claims that the Website, Application,
Services, or any content therein is accessible or appropriate outside of the United States. If you
access the Website, Application, and/or Services from outside the United States, you do so on
your own initiative and are responsible for compliance with local laws.
ARTICLE 27 – SERVICE INTERRUPTIONS:
The Company may need to interrupt your access to the Services to perform maintenance or
emergency services on a scheduled or unscheduled basis. You agree that the Company shall
have no liability for any damage or loss caused as a result of such unanticipated or unscheduled
ARTICLE 28 – TERM, TERMINATION & SUSPENSION:
The Company may terminate this Agreement with you at any time for any reason, with or
without cause. The Company specifically reserves the right to terminate this Agreement if you
violate any of the terms outlined herein, including, but not limited to, violating the intellectual
property rights of the Company or a third party, failing to comply with applicable laws or other
legal obligations, behaving inappropriately with any other User, and/or publishing or distributing
illegal material. If your account is terminated by the Company, you will not be entitled to any
refund of any monies spent on Dockd and you may be required to pay fees for services
provided up until the date of termination.
You may terminate your Account at any time after meeting all requisite conditions through the
Dockd Website by visiting your Account settings page and cancelling your Account.
If your Account is terminated either by us or by you, Dockd will maintain your User data for
fraud-prevention purposes. If you desire, you may be permitted to reactivate your Account at our
sole and exclusive discretion.
At the termination of this Agreement, any provisions that would be expected to survive
termination by their nature shall remain in full force and effect, specifically including, but not
limited to, Articles 8, 9, 13, 15, 16, 17, 22, 29, 30, 31, and 33.
ARTICLE 29 – DISCLAIMERS
If you choose to use the Services, you do so voluntarily and at your sole risk. The
Services are provided “AS IS”, without warranty of any kind, either express or implied.
The Company hereby expressly disclaims any and all express or implied warranties of
any kind, including, but not limited to, the implied warranty of fitness for a particularpurpose and the implied warranty of merchantability. The Company makes no warranties
that Dockd or the Services will meet your needs or that Dockd or the Services will be
uninterrupted, error-free, or secure. The Company also makes no warranties as to the
reliability or accuracy of any information on Dockd or obtained through the Services and
does not endorse the statements of any third party.
You agree that you have had whatever opportunity you deem necessary to investigate
the Dockd Services, laws, rules, or regulations that may be applicable to your Listings
and/or Host Services you are purchasing or receiving and that you are not relying upon
any statement of law or fact made by Dockd relating to a Listing.
If we choose to conduct identity verification or background checks on any User, to the
extent permitted by applicable law, we disclaim warranties of any kind, either express or
implied, that such checks will identify prior misconduct by a User or guarantee that a
User will not engage in misconduct in the future.
You agree that some Host Services, may carry inherent risk, and by participating with
such Host Services, you choose to assume those risks voluntarily. For example, some
Host Services may carry risk of illness, bodily injury, disability, or death, and you freely
and willfully assume those risks by choosing to participate in those Host Services. You
assume full responsibility for the choices you make before, during and after your
participation in a Host Service. If you are bringing a minor as an additional guest, you are
solely responsible for the supervision of that minor throughout the duration of your Host
Service and to the maximum extent permitted by law, you agree to release and hold
harmless Dockd from all liabilities and claims that arise in any way from any injury,
death, loss or harm that occurs to that minor during the Host Service or in any way
related to your Host Service.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have
other statutory rights. However, the duration of statutorily required warranties, if any,
shall be limited to the maximum extent permitted by law.
The information provided in and through the Services and accompanying material is for
informational purposes only. It should not be considered legal or financial advice. You
should consult with an attorney or other professional to determine what may be best for
your individual needs.
We do not make any guarantee or other promise as to any results that may be obtained
from using our Services. To the maximum extent permitted by law, Dockd disclaims any
and all liability in the event any information, commentary, analysis, opinions, advice
and/or recommendations prove to be inaccurate, incomplete or unreliable, or result in
any investment or other losses.
ARTICLE 30 – LIMITATION ON LIABILITY:
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY
LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE
WEBSITE, APPLICATION, AND SERVICES, YOUR PUBLISHING OR BOOKING OF ANY
LISTING VIA THE SERVICES, PARTICIPATION OR USE OF ANY OTHER HOST SERVICE,OR ANY OTHER INTERACTION YOU HAVE WITH OTHER USERS WHETHER IN PERSON
OR ONLINE REMAINS WITH YOU.
NEITHER DOCKD NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR
DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF
DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR
SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR
ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS
ARISING OUT OF OR IN CONNECTION WITH (I) THIS AGREEMENT, (II) FROM THE USE
OF OR INABILITY TO USE THE WEBSITE, APPLICATION, OR SERVICES, (III) FROM ANY
COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OR OTHER
PERSONS WITH WHOM YOU COMMUNICATE, INTERACT OR MEET WITH AS A RESULT
OF YOUR USE OF THE SERVICES, OR (IV) FROM YOUR PUBLISHING OR BOOKING OF A
LISTING, INCLUDING THE PROVISION OR USE OF A LISTING’S HOST SERVICES,
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DOCKD
HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED
REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE HOSTS
PURSUANT TO THIS AGREEMENT, IN NO EVENT WILL DOCKD’S AGGREGATE LIABILITY
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND YOUR USE OF THE
SERVICES, INCLUDING, BUT NOT LIMITED TO, FROM YOUR PUBLISHING OR BOOKING
OF ANY LISTINGS, OR IN CONNECTION WITH ANY HOST SERVICE, OR INTERACTIONS
WITH ANY OTHER USERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR
BOOKINGS VIA THE SERVICES A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR
TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A HOST, THE AMOUNTS
PAID BY DOCKD TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT
GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO
SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES
SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN
BETWEEN DOCKD AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU RESIDE OUTSIDE OF THE
U.S., THIS DOES NOT AFFECT DOCKD’S LIABILITY FOR DEATH OR PERSONAL INJURY
ARISING FROM ITS NEGLIGENCE, NOR FOR FRAUDULENT MISREPRESENTATION,
MISREPRESENTATION AS TO A FUNDAMENTAL MATTER OR ANY OTHER LIABILITY
WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
ARTICLE 31 – CLAIM LIMITATION:
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO
THIS AGREEMENT OF USE OR THE SERVICES MUST BE COMMENCED WITHIN 1 (ONE)
YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF
ACTION OR CLAIM IS PERMANENTLY BARRED.
ARTICLE 32 – CUSTOMER SERVICE:
Should you need to contact Dockd in any way for customer service, technical issues, or any
other communication required, you may reach us as follows:
195 Mount Harmony Road
Bernardsville, NJ 07924
ARTICLE 33 – GENERAL PROVISIONS:
a. LANGUAGE: All communications made or notices given pursuant to this Agreement
shall be in the English language.
b. JURISDICTION, VENUE & CHOICE OF LAW: Through your use of Dockd or Services,
you agree that the laws of the State of New Jersey shall govern any matter or dispute relating
to, or arising out of this Agreement, as well as any dispute of any kind that may arise between
you and the Company, with the exception of its Conflict of Law provisions. In case any litigation
specifically permitted under this Agreement is initiated, the Parties agree to submit to the
personal jurisdiction of the state and federal courts of Somerset, New Jersey. The Parties agree
that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory
in nature. You hereby waive the right to any objection of venue, including assertion of the
doctrine of forum non-conveniens or similar doctrine.
c. ARBITRATION AGREEMENT:
1. In case of a dispute between the Parties relating to, or arising out of this
Agreement, the Parties shall first attempt to resolve the dispute personally and in
good faith. If these personal resolution attempts fail, the Parties shall then submit
the dispute to binding arbitration under the rules of the American Arbitration
Association. The arbitration shall be conducted in Somerset, New Jersey. The
arbitration shall be conducted by a single arbitrator, and such arbitrator shall
have no authority to add Parties, vary the provisions of this Agreement, award
punitive damages, or certify a class. The arbitrator shall be bound by applicable
and governing Federal law, as well as the law of the state of New Jersey. Each
Party shall pay their own costs and fees. Claims necessitating arbitration under
this section include, but are not limited to: contract claims, tort claims, claims
based on Federal and state law, and claims based on local laws, ordinances,
statutes or regulations.
2. Exceptions to Arbitration: Intellectual property claims by the Company, as
well as claims arising under Article 21 of this Agreement (including, but not
limited to, claims for hacking, cyber attacks, and security breaches)
brought by the Company, will not be subject to arbitration and may, as an
exception to this subpart, be litigated.
3. Arbitrator’s Decision: The arbitrator’s decision will include the essential findings
and conclusions upon which the arbitrator based the award. Judgment on the
arbitration award may be entered in any court with proper jurisdiction. Thearbitrator may award declaratory or injunctive relief only on an individual basis
and only to the extent necessary to provide relief warranted by the claimant’s
4. Waiver of Jury Trial: The Parties, in agreement with this sub-part of this
Agreement, waive any rights they may have to a jury trial in regard to arbitral
claims – i.e. You hereby understand and agree that you are giving up your
right to a jury trial or other litigation to assert any claims against the
Company. Through this Agreement, you are also relinquishing any right to
be engaged in a class action or other group proceeding against the
5. No Class Actions or Representative Proceedings . You and Dockd
acknowledge and agree that we are each waiving the right to participate as
a plaintiff or class member in any purported class action lawsuit,
class-wide arbitration, private attorney-general action, or any other
representative proceeding as to all disputes. Further, unless you and
Dockd both otherwise agree in writing, the arbitrator may not consolidate
more than one party’s claims and may not otherwise preside over any form
of any class or representative proceeding.C
6. Severability : In the event that any portion of this Arbitration Agreement is
deemed illegal or unenforceable, such provision shall be severed and the
remainder of the Arbitration Agreement shall be given full force and effect.
7. Survival . Except as provided in sub-part 33(c)6 above, this sub-part 33(c) will
survive any termination of this Agreement and will continue to apply even if you
stop using the Services or terminate your Account
d. ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned,
sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the
rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Company,
the rights and liabilities of the Company will bind and inure to any assignees, administrators,
successors, and executors.
e. SEVERABILITY: If any part or sub-part of this Agreement is held invalid or
unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will
be enforced to the maximum extent possible. In such condition, the remainder of this Agreement
shall continue in full force.
f. NO WAIVER: In the event that we fail to enforce any provision of this Agreement, this
shall not constitute a waiver of any future enforcement of that provision or of any other
provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any
other part or sub-part.
g. HEADINGS FOR CONVENIENCE ONLY: Headings of parts and subparts under this
Agreement are for convenience and organization, only. Headings shall not affect the meaning of
any provisions of this Agreement.
h. NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint
venture has been created between the Parties as a result of this Agreement. No Party has any
authority to bind the other to third parties.
i. FORCE MAJEURE: The Company is not liable for any failure to perform due to causes
beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities,
acts of military authorities, riots, embargoes, acts of nature and natural disasters, terrorism, and
other acts which may be due to unforeseen circumstances.
j. ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are
permitted to both Parties under this Agreement, including specifically e-mail and telephone.
Additionally, all items posted on the Dockd Services are to be considered in full force and effect
immediately upon posting, and you agree that any such postings satisfy any applicable legal
requirements for agreements in writing. By registering with us, or by using Dockd in any manner,
you have created a commercial relationship with us. As such, you agree that any email or text
sent from us or third-party affiliates, even unsolicited email, shall specifically not be considered
SPAM, as that term is legally defined. For any questions or concerns, please email us at
k. ENTIRE AGREEMENT: This Agreement constitutes the entire understanding between
the Parties with respect to any and all use of Dockd. This Agreement supersedes and replaces
all prior or contemporaneous agreements or understandings, written or oral, regarding the use
of the Dockd Services.
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