Dockshare, LLC - End-User License Agreement ("Agreement")

Last updated: April 02, 2020

Please read this End-User License Agreement carefully before clicking the "I Agree" button,
downloading or using www.dockshare.app, or any component of the Dockshare Platform. This Agreement incorporates herein the Dockshare, LLC Privacy Policy, the Dockshare, LLC Terms of Service, and any other provision or agreement set forth on the Dockshare Platform.

Definitions

For the purposes of this End-User License Agreement:

• Agreement means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of the Application.
• Application means the software program provided by the Company downloaded by You to a Device, named www.dockshare.com
• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Dockshare, LLC.
• Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
• Country refers to: United States
• Device means any device that can access the Application such as a computer, a cellphone or
  a digital tablet.
• Third-Party Services means any services or content (including data, information,
  applications and other products services) provided by a third-party that may be displayed,
  included or made available by the Application.
• You means the individual accessing or using the Application or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.

Acknowledgement

By clicking the "I Agree" button, downloading or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement, the Dockshare, LLC Privacy Policy, the Dockshare, LLC Terms of Service, and any other provision or agreement set forth on the Dockshare Platform. If You do not agree to the terms of this Agreement, do not click on the "I Agree" button, do not download or do not use the Application.

This Agreement is a legal document between You and the Company and it governs your use of the application made available to You by the Company. The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.

You represent that you are over the age of 18. The Company does not target its Content to children or teenagers under 18, and the Company does not permit any user under 18 for using the Application.

License

Scope of License

The Company grants You a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application strictly in accordance with the terms of this Agreement.

The license that is granted to You by the Company is solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.

License Restrictions

You agree not to, and You will not permit others to:

• License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
• Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.
• Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors of the Application.

Modifications to the Application

The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You.

Updates to the Application

The Company may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications.

Updates may modify or delete certain features and/or functionalities of the Application. You agree that the Company has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to You.

You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.

Maintenance and Support

The Company does not provide any maintenance or support for the download and use of the Application. To the extent that any maintenance or support is required by applicable law, the Company shall be obligated to furnish any such maintenance or support.

Third-Party Services

The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services.

You acknowledge and agree that the Company shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall
not have any liability or responsibility to You or any other person or entity for any Third-party Services.

You must comply with applicable Third parties' Terms of agreement when using the Application. Third-party Services 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 and
conditions.

Privacy Policy

The Company collects, stores, maintains, and shares information about You in accordance with Our Privacy Policy: WWW.DOCKSHARE.APP

By accepting this Agreement, You acknowledge that You hereby agree and consent to the terms and conditions of Our Privacy Policy.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of the Agreement to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of
prohibited or restricted parties.

Changes to this Agreement

The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If we make changes to this Agreement, we will post the revised agreement on the Dockshare Platform and update the “Last Updated” date at the top of this Agreement. You are advised to review this Agreement periodically for any changes.  Changes to this Agreement are effective when they are posted on this page.

By continuing to access or use the Application after any revisions become effective, ou agree to be bound by the revised terms and any other terms and conditions as set forth by the Company on its website and/or Platform.

Entire Agreement

The Agreement constitutes the entire agreement between You and the Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and the Company.

You may be subject to additional terms and conditions that apply when You use or purchase other Company's services, which the Company will provide to You at the time of such use or purchase.

Your Suggestions

Any feedback, comments, ideas, improvements or suggestions provided by You to the Company with respect to the Application shall remain the sole and exclusive property of the Company.

The Company shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to You.

Contact Us

If you have any questions about this Agreement, You can contact Us:

• By email: [email protected]

Dockshare, LLC -- Terms of Service

Updated as of April 2, 2020

Please read these Terms of Service (sometimes referred to as the “Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Dockshare Platform, you agree to comply with and be bound by these Terms.

These Terms constitute a legally binding agreement ("Agreement") between you and Dockshare governing your access to and use of the Dockshare website (www.dockshare.app), including any subdomains thereof, and any other websites through which Dockshare makes its Dockshare Platforms available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated Dockshare Platforms (collectively, "Dockshare Platforms"). The Site, Application and Dockshare Platforms together are hereinafter collectively referred to as the “Dockshare Platform”. Our policies and other agreements applicable to your use of the Dockshare Platform are incorporated by reference into this Agreement.

References herein to “Dockshare”, "the Company", "We", "Us" or "Our" in this refers to Dockshare, LLC.

These Terms apply to all persons using the Dockshare Platform, and herein references to “You” and “Your” refer to any person using or accessing the Dockshare Platform.

Your access to and use of the Dockshare Platform is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Dockshare Platform. By accessing or using the Dockshare Platform You expressly agree to be bound by these Terms. If You disagree with any part of these Terms then You may not access the Dockshare Platform.

Your access to and use of the Dockshare Platform is also conditioned on Your acceptance of and compliance with the Privacy Policy of Dockshare. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Dockshare Platform and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Dockshare Platform.

Member Accounts

When You create an account with Us, You become a “Member” and You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Dockshare Platform.

Account Registration

You must register an account ("Dockshare Account") to access and use certain features of the Dockshare Platform, such as publishing or booking a Listing. If you are registering a Dockshare Account for a business, organization 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 these Terms.

You can register a Dockshare Account using an email address and creating a password.

You must provide accurate, current and complete information during the registration process and keep your Dockshare Account and public Dockshare Account profile page information up-to-date at all times.

You may not register more than one (1) Dockshare Account unless Dockshare authorizes you to do so. You may not assign or otherwise transfer your Dockshare Account to another party.

You are responsible for maintaining the confidentiality and security of your Dockshare Account credentials and may not disclose your credentials to any third party. You must immediately notify Dockshare 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 Dockshare Account. You are liable for any and all activities conducted through your Dockshare 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).

Password and Username

You are responsible for safeguarding the password that You use to access the Dockshare Platform and for any activities or actions under Your password, whether Your password is with Our Dockshare Platform or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Terms Applicable to all Members

Our collection and use of personal information in connection with your access to and use of the Dockshare Platform is described in our Privacy Policy, herein.

Any and all payment processing Dockshare Platforms through or in connection with your use of the Dockshare Platform ("Payment Dockshare Platforms") are provided to you by one or more Dockshare Payments entities (individually and collectively, as appropriate, "Dockshare Payments") as set out in the Payment Terms ("Payments Terms").

Dock Owners alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Dock Owner Services (as defined below). For example, some facilities have regulations or rules that restrict their ability to have paying Boaters for short periods or provide certain Dock Owner Services. Dock Owners may have to register, get a permit or obtain a license before providing certain Dock Owner Services. Dock Owner are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Dock Owner Services they offer. Certain types of Dock Owner Services may be prohibited altogether. Penalties may include fines or other enforcement. If you have questions about how local laws apply to your Listing(s) and Dock Owner Service(s) on Dockshare, you should always seek legal guidance.

Scope of Service

The Dockshare Platform is an online marketplace that brings together users who own or otherwise have the rights to dock space with users who own boats and desire to use another’s dock space. All registered users of the Dockshare Platform are called “Members.” Members who offer dock space are “Dock Owners” and the Dockshare Platforms they offer are “Dock Owner Services.” Dock Owner Services listed on the Dockshare Platform are called “Listings.” Members using Dock Owner Services are “Boaters.”

As the provider of the Dockshare Platform, Dockshare does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Dock Owner Services. Dock Owners alone are responsible for their Listings and Dock Owner Services. When Members make or accept a booking, they are entering into a contract directly with each other. Dockshare is not and does not become a party to or other participant in any contractual relationship between Members, nor is Dockshare a broker or insurer. Dockshare is not acting as an agent in any capacity for any Member.

While we may help facilitate the resolution of disputes, Dockshare has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Dock Owner Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Dockshare does not endorse any Member, Listing or Dock Owner Services. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Dockshare about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether use or provide Dock Owner Services, communicate and interact with other Members, whether online or in person.

If you choose to use the Dockshare Platform as a Dock Owner, your relationship with Dockshare is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Dockshare 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 Dockshare. Dockshare does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Dock Owner Services. You acknowledge and agree that you have complete discretion whether to list Dock Owner Services or otherwise engage in other business or employment activities.

To promote the Dockshare Platform and to increase the exposure of Listings to potential Boaters, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. Dockshare cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Dockshare Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.

The Dockshare Platform may contain links to third-party websites or resources (“Third-Party Dockshare Platforms”). Such Third-Party Dockshare Platforms may be subject to different terms and conditions and privacy practices. Dockshare is not responsible or liable for the availability or accuracy of such Third-Party Dockshare Platforms, or the content, products, or Dockshare Platforms available from such Third-Party Dockshare Platforms. Links to such Third-Party Dockshare Platforms are not an endorsement by Dockshare of such Third-Party Dockshare Platforms.

Due to the nature of the Internet, Dockshare cannot guarantee the continuous and uninterrupted availability and accessibility of the Dockshare Platform. Dockshare may restrict the availability of the Dockshare Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Dockshare Platform. Dockshare may improve, enhance and modify the Dockshare Platform and introduce new Dockshare Platforms from time to time.

Messaging

Dockshare monitors and retains all messages sent between users on the Dockshare Platform.

Eligibility, Using the Dockshare Platform, Member Verification

In order to access and use the Dockshare Platform or register a Dockshare Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts.

You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Dock Owner Service(s) are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Dockshare may make access to and use of the Dockshare Platform, or certain areas or features of the Dockshare Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.

User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from Dockshare Platform providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).

The access to or use of certain areas and features of the Dockshare Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the Dockshare Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Dockshare Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.

Modification of these Terms

Dockshare reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Dockshare Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Dockshare Platform will constitute acceptance of the revised Terms.

Content and Intellectual Property

Dockshare may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Dockshare Platform ("Member Content"); and (ii) access and view Member Content and any content that Dockshare itself makes available on or through the Dockshare Platform, including proprietary Dockshare content and any content licensed or authorized for use by or through Dockshare from a third

The Dockshare Platform, Dockshare Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Dockshare Platform and Dockshare Content, including all associated intellectual property rights, are the exclusive property of Dockshare and/or its licensors or authorizing third parties. You will not remove, alter or obscure any copyright, trademark, Dockshare Platform mark or other proprietary rights notices incorporated in or accompanying the Dockshare Platform, Dockshare Content or Member Content. All trademarks, Dockshare Platform marks, logos, trade names, and any other source identifiers of Dockshare used on or in connection with the Dockshare Platform and Dockshare Content are trademarks or registered trademarks of Dockshare in the United States and abroad. Trademarks, Dockshare Platform marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Dockshare Platform, Dockshare Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Dockshare Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Dockshare or its licensors, except for the licenses and rights expressly granted in these Terms.

Subject to your compliance with these Terms, Dockshare grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Dockshare Platform and accessible to you, solely for your personal and non-commercial use.

By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Dockshare Platform, you grant to Dockshare a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Dockshare Platform, in any media or platform. Insofar as Member Content includes personal information, such Member Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Unless you provide specific consent, Dockshare does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.

You are solely responsible for all Member Content that you make available on or through the Dockshare Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Dockshare Platform or you have all rights, licenses, consents and releases that are necessary to grant to Dockshare the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Dockshare's use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, 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.

You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates Dockshare’s Content Policy or any other Dockshare policy. Dockshare may, without prior notice, remove or disable access to any Member Content that Dockshare finds to be in violation of applicable law, these Terms or Dockshare’s then-current policies or standards, or otherwise may be harmful or objectionable to Dockshare, its Members, third parties, or property.

Dockshare respects copyright law and expects its Members to do the same. If you believe that any content on the Dockshare Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.

A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.

Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.

Your address, telephone number, and email address.

A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our copyright agent via email at [email protected].

Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Content Backups

Although regular backups of Member Content are performed, Dockshare does not guarantee there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, without limitation, Member Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

Dockshare will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Member Content. But You acknowledge that Dockshare has no liability related to the integrity of Member Content or the failure to successfully restore Member Content to a usable state.

You agree to maintain a complete and accurate copy of any Member Content in a location independent of the Dockshare Platform.

Dockshare Platform Fees

Dockshare may charge fees to Dock Owners ("Dock Owner Fees") and/or Boaters ("Boater Fees") (collectively, "Dockshare Platform Fees") in consideration for the use of the Dockshare Platform. More information about when Dockshare Platform Fees apply and how they are calculated can be found on our Dockshare Platform Fees page.

Any applicable Dockshare Platform Fees (including any applicable Taxes) will be displayed to a Dock Owner or Boater prior to publishing or booking a Listing. Dockshare reserves the right to change the Dockshare Platform Fees at any time and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.

You are responsible for paying any Dockshare Platform Fees that you owe to Dockshare. The applicable Dockshare Platform Fees (including any applicable Taxes) are collected by Dockshare Payments. Dockshare Payments will deduct any Dock Owner Fees from the Listing Fee before remitting the payout to the Dock Owner. Any Boater Fees are included in the Total Fees collected by Dockshare Payments. Except as otherwise provided on the Dockshare Platform, Dockshare Platform Fees are non-refundable.

Terms Specific to Dock Owners

Terms applicable to all Listings

When creating a Listing through the Dockshare Platform you must (i) provide complete and accurate information about your Dock Owner Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions and requirements that apply and (iii) provide any other pertinent information requested by Dockshare. 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 Boater requests a booking of your Listing, you may not request that the Boater 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 these Terms or the relevant cancellation policy for your Listing.

Pictures or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your Dock Owner Services. Dockshare reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.

The placement and ranking of Listings in search results on the Dockshare Platform may vary and depend on a variety of factors, such as Boater search parameters and preferences, Dock Owner requirements, price and calendar availability, number and quality of Images, customer Dockshare Platform and cancellation history, Reviews and Ratings, type of Dock Owner Service, and/or ease of booking.

When you accept or have pre-approved a booking request by a Boater, you are entering into a legally binding agreement with the Boater and are required to provide your Dock Owner Service(s) to the Boater as described in your Listing when the booking request is made. You also agree to pay the applicable Dock Owner Fee and any applicable Taxes.

Dockshare recommends that Dock Owners obtain appropriate insurance for their Dock Owner 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 Boaters (and the individuals the Boater has booked for, if applicable).

Listing Dock Owner Services

Unless expressly allowed by Dockshare, you may not list more than one Dock per Listing.

You represent and warrant that any Listing you post and the booking of, or a Boater's use of a Dock will (i) not breach any agreements you have entered into with any third parties, such as homeowners association, marinas, condominium, 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 Dock Owner, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Dock at your request or invitation, excluding the Boater and any individuals the Boater invites to the Dock.

Terms Specific to Boaters

Terms applicable to all bookings

Subject to meeting any requirements (such as completing any verification processes) set by Dockshare and/or the Dock Owner, you can book a Listing available on the Dockshare Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Boater 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 Dockshare Account.

Upon receipt of a booking confirmation from Dockshare, a legally binding agreement is formed between you and your Dock Owner, subject to any additional terms and conditions of the Dock Owner that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. Dockshare Payments will collect the Total Fees at the time of the booking request or upon the Dock Owner’s confirmation pursuant to the Payments Terms. For certain bookings, Boaters may be required to pay or have the option to pay in multiple installments.

If you book a Dock Owner Service on behalf of additional Boaters, you are required to ensure that every additional Boater meets any requirements set by the Dock Owner, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Dock Owner. If you are booking for an additional Boater who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Experience, Event or other Dock Owner Service if accompanied by an adult who is responsible for them.

Damage to Docks, Disputes between Members

As a Boater, you are responsible for leaving the Dock (including any personal or other property located at the Dock) 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 Dock, excluding the Dock Owner (and the individuals the Dock Owner invites to the Dock, if applicable).

If a Dock Owner claims and provides evidence that you as a Boater have damaged a Dock or any personal or other property at a Dock ("Damage Claim"), the Dock Owner can seek payment from you directly.

Booking Docks

You understand that a confirmed booking of an Dock (“Dock Booking”) is a limited license granted to you by the Dock Owner to enter, occupy and use the Dock for the duration of your stay, during which time the Dock Owner (only where and to the extent permitted by applicable law) retains the right to re-enter the Dock, in accordance with your agreement with the Dock Owner.

You agree to leave the Dock no later than the checkout time that the Dock Owner specifies in the Listing or such other time as mutually agreed upon between you and the Dock Owner. If you stay past the agreed upon checkout time without the Dock Owner's consent (“Overstay”), you no longer have a license to stay in the Dock and the Dock Owner is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Dock Owner, for each hour (or any portion thereof) that you Overstay, an additional fee of up to two (2) times the average hourly Listing Fee originally paid by you to cover the inconvenience suffered by the Dock Owner, plus all applicable Boater Fees, Taxes, and any legal expenses incurred by the Dock Owner to make you leave (collectively, "Overstay Fees"). Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Dock Owner as a result of such Overstay. If you Overstay at a Dock, you authorize Dockshare (via Dockshare Payments) to charge you to collect Overstay Fees.

Circumvent Policy

The Parties hereby agree that their business involves, among other activities, introducing, participating, effectuating and consummating transactions between their respective contacts, including other Parties and Affiliates (each, a “Transaction”). In consideration of the foregoing, each undersigned Party hereby irrevocably agrees and warrants that it and its Affiliates shall not, directly or indirectly, interfere with, circumvent, attempt to circumvent, avoid or bypass any Party from any Transactions between the Parties’ contacts, or obviate or interfere with the relationship of any Party and its contacts for the purpose of gaining any benefit, whether such benefit is monetary or otherwise. The Parties also undertake not to make use of any third party to circumvent this paragraph.

Other Terms Applicable to All Members

Booking Modifications, Cancellations and Refunds, Resolution Center

Dock Owners and Boaters are responsible for any modifications to a booking that they make via the Dockshare Platform or direct Dockshare customer Dockshare Platform to make ("Booking Modifications"), and agree to pay any additional Listing Fees, Dock Owner Fees or Boater Fees and/or Taxes associated with such Booking Modifications.

Boaters can cancel a confirmed booking at any time pursuant to the Listing’s cancellation policy set by the Dock Owner, and Dockshare Payments will refund the amount of the Total Fees due to the Boater in accordance with such cancellation policy. Unless extenuating circumstances exist, any portion of the Total Fees due to the Dock Owner under the applicable cancellation policy will be remitted to the Dock Owner by Dockshare Payments pursuant to the Payments Terms.

If a Dock Owner cancels a confirmed booking, the Boater will receive a full refund of the Total Fees for such booking. In some instances, Dockshare may allow the Boater to apply the refund to a new booking, in which case Dockshare Payments will credit the amount against the Boater’s subsequent booking at the Boater’s direction. Further, Dockshare may publish an automated review on the Listing cancelled by the Dock Owner indicating that a booking was cancelled. In addition, Dockshare may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the Dock Owner has a valid reason for cancelling the booking pursuant to Dockshare’s policy or has legitimate concerns about the Boater’s behavior.

In certain circumstances, Dockshare may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed booking and initiate corresponding refunds and payouts. This may be for reasons set forth in Dockshare's Policy or (i) where Dockshare believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Dockshare, other

If a Boater or Dockshare cancels a confirmed booking, and the Boater receives a refund in accordance with the Dockshare policy or the applicable cancellation policy set by the Dock Owner and mentioned in the Listing, after the Dock Owner has already been paid, Dockshare will be entitled to recover the amount of any such refund from the Dock Owner, including by subtracting such refund amount out from any future Payouts due to the Dock Owner.

Ratings and Reviews

Within a certain timeframe after completing a booking, Boaters and Dock Owners can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of Dockshare. Ratings and Reviews are not verified by Dockshare for accuracy and may be incorrect or misleading.

Ratings and Reviews by Boaters and Dock Owners must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 5 and must comply with Dockshare’s Content Policy and Extortion Policy.

Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.

Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the Dockshare Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.

Taxes

As a Dock Owner 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 ("Taxes").

Tax regulations may require us to collect appropriate Tax information from Dock Owners, or to withhold Taxes from payouts to Dock Owners, or both. If a Dock Owner fails to provide us with the required documentation under applicable law (e.g., a tax number) that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to withhold payouts up to the tax-relevant amount as required by law, until resolution.

You understand that any appropriate governmental agency, department and/or authority ("Tax Authority") where your Dock is located may require Taxes to be collected from Boaters or Dock Owners on Listing Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Listing Fees set by Dock Owners, a set amount per day, or other variations, and are sometimes called "transient occupancy taxes," "hotel taxes," "lodging taxes," "city taxes," "room taxes" or "tourist taxes" ("Occupancy Taxes").

Prohibited Activities

You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Dockshare Platform. In connection with your use of the Dockshare Platform, you will not and will not assist or enable others to:

• breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, policies or standards;
• use the Dockshare Platform for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Dockshare endorsement, partnership or otherwise misleads others as to your affiliation with Dockshare;
• copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the Dockshare Platform in any way that is inconsistent with Dockshare’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Members or third parties;
• use the Dockshare Platform in connection with the distribution of unsolicited commercial messages ("spam");
• offer, as a Dock Owner, any Dock that you do not yourself own or have permission to make available as a residential or other property through the Dockshare Platform;
• unless Dockshare explicitly permits otherwise, book any Listing if you will not actually be using the Dock Owner Services yourself;
• contact another Member for any purpose other than asking a question related to your own booking, Listing, or the Member's use of the Dockshare Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party Dockshare Platforms, applications or websites, without our prior written approval;
• use the Dockshare Platform to request, make or accept a booking independent of the Dockshare Platform, to circumvent any Dockshare Platform Fees or for any other reason;
• request, accept or make any payment for Listing Fees outside of the Dockshare Platform or Dockshare Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Dockshare harmless from any liability for such payment;
• 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;
• misuse or abuse any Listings or Dockshare Platforms as determined by Dockshare in its sole discretion.
• use, display, mirror or frame the Dockshare Platform, or any individual element within the Dockshare Platform, Dockshare's name, any Dockshare trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Dockshare Platform, without Dockshare's express written consent;
• dilute, tarnish or otherwise harm the Dockshare brand in any way, registering and/or using Dockshare or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Dockshare domains, trademarks, taglines or promotional campaigns;
• use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Dockshare Platform for any purpose;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Dockshare or any of Dockshare's providers or any other third party to protect the Dockshare Platform;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Dockshare Platform;
• take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Dockshare Platform;
• export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
• violate or infringe anyone else’s rights or otherwise cause harm to anyone.

You acknowledge that Dockshare has no obligation to monitor the access to or use of the Dockshare Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the Dockshare Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (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 Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Dockshare in good faith, and to provide Dockshare with such information and take such actions as may be reasonably requested by Dockshare with respect to any investigation undertaken by Dockshare or a representative of Dockshare regarding the use or abuse of the Dockshare Platform.

If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Dockshare by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).

Term and Termination, Suspension and other Measures

This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Dockshare terminate the Agreement in accordance with this provision.

You may terminate this Agreement at any time by sending us an email. If you cancel your Dockshare Account as a Dock Owner, any confirmed booking(s) will be automatically cancelled and your Boaters will receive a full refund. If you cancel your Dockshare Account as a Boater, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.

Without limiting our rights specified below, Dockshare may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.

Dockshare may immediately, without notice, terminate this Agreement and/or stop providing access to the Dockshare Platform if (i) you have materially breached your obligations under these Terms, the Payments Terms, or our policies, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Dockshare believes in good faith that such action is reasonably necessary to protect the personal safety or property of Dockshare, its Members, or third parties (for example in the case of fraudulent behavior of a Member).

In addition, Dockshare may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Dockshare Account registration, Listing process or thereafter, (iv) you and/or your Listings or Dock Owner Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Dockshare otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) Dockshare believes in good faith that such action is reasonably necessary to protect the personal safety or property of Dockshare, its Members, or third parties, or to prevent fraud or other illegal activity:

• refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
• cancel any pending or confirmed bookings;
• limit your access to or use of the Dockshare Platform;
• temporarily or permanently revoke any special status associated with your Dockshare Account;
• temporarily or in case of severe or repeated offenses permanently suspend your Dockshare Account and stop providing access to the Dockshare Platform.

In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Dockshare and an opportunity to resolve the issue to Dockshare's reasonable satisfaction.

If we take any of the measures described above (i) we may refund your Boaters in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.

When this Agreement has been terminated, you are not entitled to a restoration of your Dockshare Account or any of your Member Content. If your access to or use of the Dockshare Platform has been limited or your Dockshare Account has been suspended or this Agreement has been terminated by us, you may not register a new Dockshare Account or access and use the Dockshare Platform through a Dockshare Account of another Member.

Disclaimers

The Dockshare Platform is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Dockshare, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Dockshare provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither Dockshare nor any of the company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Dockshare Platform, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

If you choose to use the Dockshare Platform, you do so voluntarily and at your sole risk.

You agree that you have had whatever opportunity you deem necessary to investigate the Dockshare Platforms, laws, rules, or regulations that may be applicable to your Listings and/or Dock Owner Services you are receiving and that you are not relying upon any statement of law or fact made by Dockshare relating to a Listing.

If we choose to conduct identity verification or background checks on any Member, 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 Member or guarantee that a Member will not engage in misconduct in the future.

You agree that some Dock Owner Services or Docks may carry inherent risk, and by using such Dockshare Platforms or docks, you choose to assume those risks voluntarily. For example, some Dock Owner Services may carry risk of bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Dock Owner Services. You assume full responsibility for the choices you make before, during and after your use of a Dock. If you are bringing a minor as an additional Boater, you are solely responsible for the supervision of that minor throughout the duration of your Dock Owner Service and to the maximum extent permitted by law, you agree to release and hold harmless Dockshare from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Dock Owner Service or in any way related to your Dock Owner 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.

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 Dockshare Platform, your publishing or booking of any Listing via the Dockshare Platform, your stay at any Dock, or use of any other Dock Owner Service, or any other interaction you have with other Members whether in person or online remains with you. Neither Dockshare nor any other party involved in creating, producing, or delivering the Dockshare Platform will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, Dockshare Platform interruption, computer damage or system failure or the cost of substitute products or Dockshare Platforms, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Dockshare Platform, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Dockshare Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Dock Owner Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Dockshare 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 Dock Owners pursuant to these Terms, in no event will Dockshare’s aggregate liability arising out of or in connection with these Terms and your use of the Dockshare Platform including, but not limited to, from your publishing or booking of any Listings via the Dockshare Platform, or from the use of or inability to use the Dockshare Platform and in connection with any Dock use or Dock Owner Service, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the Dockshare Platform as a Boater in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Dock Owner, the amounts paid by Dockshare 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 Dockshare 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 Dockshare’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.

Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend (at Dockshare’s option), indemnify, and hold Dockshare and its affiliates and subsidiaries, including but not limited to, Dockshare Payments, and their 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 these Terms or our Policies or Standards, (ii) your improper use of the Dockshare Platform or any Dockshare Platforms, (iii) your interaction with any Member, stay at an Dock, or use of a Dock Owner Service, 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.

Dispute Resolution and Arbitration Agreement

This Dispute Resolution and Arbitration Agreement shall apply if your (i) country of residence or establishment is in the United States; or (ii) your country of residence or establishment is not in the United States but bring any claim against Dockshare in the United States.

Overview of Dispute Resolution Process. Dockshare is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section applies: (1) an informal negotiation directly with Dockshare’s customer Dockshare Platform team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration. Specifically, the Consumer Arbitration Rules provide:

• Claims can be filed with AAA online (www.adr.org);
• Arbitrators must be neutral and no party may unilaterally select an arbitrator;
• Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
• Parties retain the right to seek relief in small claims court for certain claims, at their option;
• The initial filing fee for the consumer is capped at $200;
• The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;
• The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.

Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Dockshare each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Dockshare’s customer Dockshare Platform team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.

Agreement to Arbitrate. You and Dockshare mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or to the use of the Dockshare Platform, the Dock Owner Services (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Dockshare agree that the arbitrator will decide that issue.

Exceptions to Arbitration Agreement. You and Dockshare each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).

Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.

Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Dockshare agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in Worcester County, Maryland; (c) in any other location to which you and Dockshare both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.

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. The arbitrator 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 individual claim.

Jury Trial Waiver. You and Dockshare acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.

No Class Actions or Representative Proceedings. You and Dockshare acknowledge and agree that, to the fullest extent permitted by law, 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 Dockshare 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. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this Section is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “private attorney general action” waiver or the “representative proceeding” waiver in this Section is held unenforceable with respect to any Dispute, those waivers may be severed from this Arbitration Agreement and you and Dockshare agree that any private attorney general claims and representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.

Severability. Except as regarding the provision entitled “No Class Actions or Representative Proceedings,” 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.

Changes. If Dockshare changes (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Dockshare’s email to you notifying you of such change. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Dockshare (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Dockshare.

Survival. (“Dispute Resolution and Arbitration Agreement”) will survive any termination of these Terms and will continue to apply even if you stop using the Dockshare Platform or terminate your Dockshare Account.

Applicable Law and Jurisdiction

If your country of residence or establishment is the United States, these Terms will be interpreted in accordance with the laws of the State of Maryland and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement must be brought in state court in Worcester County, Maryland or federal court in Maryland, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Worcester County, Maryland for state court and in Maryland for Federal court.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant Dockshare a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

The Dockshare Platform may contain links to third-party web sites or services that are not owned or controlled by Dockshare.

Dockshare has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Dockshare shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

General Provisions

Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Dockshare and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Dockshare and you in relation to the access to and use of the Dockshare Platform.

No joint venture, partnership, employment, or agency relationship exists between you and Dockshare as a result of this Agreement or your use of the Dockshare Platform.

These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

Dockshare’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Dockshare's prior written consent. Dockshare may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.

Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by Dockshare via email, Dockshare Platform notification, or messaging Dockshare Platform.

If you have any questions about these Terms please email us.

Cookies Policy

Last updated: April 02, 2020

This Cookies Policy explains what Cookies are and how We use them. You should read this policy so You can understand what type of cookies We use, or the information We collect using Cookies and how that information is used.

Cookies do not typically contain any information that personally identifies a user, but personal information that we store about You may be linked to the information stored in and obtained from Cookies. For further information on how We use, store and keep your personal data secure, see our Privacy Policy.

We do not store sensitive personal information, such as mailing addresses, account passwords, etc. in the Cookies We use.

For the purposes of this Cookies Policy:

Company (referred to as either "the Company", "We", "Us" or "Our" in this Cookies Policy) refers to Dockshare, LLC.

You means the individual accessing or using the Website, or a company, or any legal entity on behalf of which such individual is accessing or using the Website, as applicable.

Cookies means small files that are placed on Your computer, mobile device or any other device by a website, containing details of your browsing history on that website among its many uses.

Website refers to Dockshare, accessible from www.dockshare.app.

Type of Cookies We Use

Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser.

We use both session and persistent Cookies for the purposes set out below:

Necessary / Essential Cookies

Type: Session Cookies

Administered by: Us

Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

Cookies Policy / Notice Acceptance Cookies

Type: Persistent Cookies

Administered by: Us

Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

Functionality Cookies

Type: Persistent Cookies

Administered by: Us

Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

Tracking and Performance Cookies

Type: Persistent Cookies

Administered by: Third-Parties

Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new advertisements, pages, features or new functionality of the Website to see how our users react to them.

Targeting and Advertising Cookies

Type: Persistent Cookies

Administered by: Third-Parties

Purpose: These Cookies track your browsing habits to enable Us to show advertising which is more likely to be of interest to You. These Cookies use information about your browsing history to group You with other users who have similar interests. Based on that information, and with Our permission, third party advertisers can place Cookies to enable them to show adverts which We think will be relevant to your interests while You are on third party websites.

Social Media Cookies

Type: Persistent Cookies

Administered by: Third-Parties

Purpose: In addition to Our own Cookies, We may also use various third parties Cookies to report usage statistics of the Website, deliver advertisements on and through the Website, and so on. These Cookies may be used when You share information using a social media networking websites such as Facebook, Instagram, Twitter or Google+.

 

Your Choices Regarding Cookies

If You prefer to avoid the use of Cookies on the Website, first You must disable the use of Cookies in your browser and then delete the Cookies saved in your browser associated with this website. You may use this option for preventing the use of Cookies at any time.

If You do not accept Our Cookies, You may experience some inconvenience in your use of the Website and some features may not function properly.

If You'd like to delete Cookies or instruct your web browser to delete or refuse Cookies, please visit the help pages of your web browser.

For the Chrome web browser, please visit this page from Google: https://support.google.com/accounts/answer/32050

For the Internet Explorer web browser, please visit this page from Microsoft: http://support.microsoft.com/kb/278835

For the Firefox web browser, please visit this page from Mozilla: https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored

For the Safari web browser, please visit this page from Apple: https://support.apple.com/guide/safari/manage-cookies-and-website-data-sfri11471/mac

For any other web browser, please visit your web browser's official web pages.

More Information about Cookies

You can learn more about cookies: All About Cookies article.

Contact Us

If you have any questions about this Cookies Policy, You can contact us:

By email: [email protected]