Your boat dock is an important facet of your waterfront...
Your boat dock is an important facet of your waterfront...
As a condition of your use of this Site and any of the Services, you represent and warrant the following:
To make Listings as a Host or to make Reservations as a Guest, you must first create an account with us. To create an account, you will be required to submit certain information, including, but not limited to, your name, your email address, your mailing and billing addresses, payment information, and your phone number. Once you create an account, and we have, in our discretion, approved the information you have submitted, you will be a Member.
As a Member, you will have access to the Site’s services that enable you to make Listings, make Reservations as a Guest, and make payment (the “Member-Only Services”). All other Services available through the Site that are not Member-Only Services are the “User Services.”
As a Memer, you will create credentials for logging into your account, which credentials include a user name, password, or any other piece of information as part of our security procedures. You must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and you agree not to provide any other person with access to the Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our sole opinion, you have violated any provision of this Agreement.
Users who violate systems or network security may incur criminal or civil liability. You agree that we may at any time, and at our sole discretion, terminate your access to the Site without prior notice to you for violating any of the provisions set forth in this Agreement. In addition, to the extent that we are legally advised to do so, you acknowledge that we will cooperate with investigations of violations of systems or network security, including cooperating with law enforcement authorities in investigating suspected criminal violations.
A Listing is a page on our Site that displays the details of a Docking Facility and its availability for a Reservation. Each Listing is populated from information supplied solely from the Host offering the Docking Facility.
When a Host submits a Listing, the Host is making an offer to enter into a contract with a Guest to provide access to and use of a Docking Facility as stated in the Listing with additional terms and conditions supplied by this Agreement and the Policies. If a Guest makes a Reservation from a Listing, that is the Guest accepting the Host’s offer and a contract is formed between the Host and the Guest based on the Listing, this Agreement, and the Policies.
When a Host submits a Listing, the Host represents and warrants to us and to prospective Guests as follows:
Every Listing submitted is subject to review and approval by us, and we may reject any Listing submitted for any or no reason and in our sole discretion.
In connection with your use of our Services, you must act responsibly and exercise good judgment. Without limiting the foregoing, you will not use the site to find a host or guest and then complete the transaction offline in order to circumvent your obligation to pay for the Service.
As a Guest, when you make a Reservation, you are entering into a contract with the Host who made the Listing based on the terms of the Listing, this Agreement, and the Policies.
When a Guest makes a Reservation, the Guest represents and warrants to us and to that Host as follows:
A Reservation gives you as a Guest limited access to and use of the Docking Facility on the terms and conditions stated in the Listing and in this Agreement. A Reservation does not afford you any property right in such Docking Facility.
Dock owners are charged a 2.5% fee per transaction for listing the dock.
Boat owners are charged a 10% fee per transaction for booking a dock.
Boat dock prices fluctuate based on the rental period. Dock owners have the ability to provide discounts based on the length of dock rental.
Please review our Cancellation Policy for more information on cancellations.
Hosts - Hosts shall maintain $1,000,000.00 in liability coverage (with an approved “A” rated carrier). Hosts agree to have a survey completed on the dock and agree to maintain the space made available to Guests in a reasonably safe condition. Insurance provided by the Operator will be in excess of the Host’s personal coverage. Host’s shall obtain an endorsement on their personal liability policy allowing the dock to be rented. Hosts shall provide Operator with a certificate of insurance along with an endorsement allowing the Host's dock to be rented.
Guests - Guests will be required to maintain $300,000.00 in liability insurance (with an approved “A” rated carrier). Guests shall provide a certificate of insurance on each vessel listed with Operator to Host upon request.
We reserve the right, in our sole discretion, to suspend or terminate the Site and/or any portion thereof, including any service or product available through the Site, and/or your use of the Site, or any portion thereof, at any time for any or no reason with or without notice to you.
If we suspend or terminate your access to the Site and/or Services, such termination may result in the forfeiture and destruction of all information associated with you. In the event of termination, you will still be bound by your obligations under the Terms of Service, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, we shall not be liable to you or any third-party for any termination of your access to the Site. We reserve the right to amend or repeal the Terms of Service (or parts thereof) as we deem appropriate. The latest version of the Terms of Service will supersede all previous versions.
All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, dispute resolution provisions, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
The Site and its original content, features and functionality are owned by the Operator and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Site. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Our site uses Stripe as the payment processor. Please review Stripe’s Terms & Conditions here.
The Site currently does not permit user-generated content outside of Listings, which may be reviewed and rejected pursuant to Section 5.4.
ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, THE SERVICES, INFORMATION, TEXT, AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. THE OPERATOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE OPERATOR DISCLAIMS ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR SATISFACTORY WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD-PARTIES. THE OPERATOR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND/OR ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. THE OPERATOR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THE SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
THE OPERATOR IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF DOCUMENTS, PAYMENTS, OR INFORMATION OR, ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
NOTHING HEREIN IS INTENDED AS LEGAL ADVICE. IF YOU HAVE ANY QUESTIONS OR CONCERNS REGARDING THIS SECTION OF THE AGREEMENT, PLEASE CONTACT THE APPROPRIATE TRAVEL AUTHORITIES.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE OPERATOR INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS, OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SITE AND ITS SERVICES (COLLECTIVELY THE “COVERED PARTIES”), BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING BUT NOT LIMITED TO (OR WHERE RELEVANT, CAUSED BY):
WITHOUT LIMITING THE FORGOING AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE OPERATOR’S LIABILITY SHALL IN ANY EVENT NOT EXCEED THE CUMULATIVE FEE PAID BY YOU TO US, IF ANY, DURING THE 6-MONTH PERIOD IMMEDIATELY PRIOR TO DATE THE CLAIM FIRST AROSE.
THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE, OR WE WERE GROSSLY NEGLIGENT.
New Jersey Residents – The above-referenced limitation on liability does not apply to New Jersey residents to the extent any such damages are a direct result of the Operator’s negligence, willful misconduct, or legal claims arising from the same. This limitation does not apply to the acts or omissions of others.
If you believe in good faith that materials hosted by us on the Site infringe your copyright, you may send us a written notice that includes the following information:
You may send us your notice by email to firstname.lastname@example.org with subject line reading “IP/Trademark Infringement – [name of person or entity making claim]” or by writing to our mailing address with ATTN: Legal – IP/Trademark.”
Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages.
Although most travel is completed without incident, travel to certain destinations may involve greater risk than others. We urge you to review travel prohibitions, warnings, announcements, and advisories (including, but not limited to, health and disease advisories) issued by their governments prior to making a Reservation (“Travel Advisories”), particularly when travelling to international destinations.
By Docking Facilities in particular destinations, the Operator does not represent or warrant that travel to such points is advisable or risk-free and the Operator can never be held liable for damages or losses that may result from travel to such destinations. The Operator can under no circumstances be held liable for any incidents occurring during your Reservation. You are strongly advised to check the relevant travel advisories issued by your government for any country you are visiting and to take the necessary precautions. You make a Reservation at your own risk. You may want to purchase travel insurance, but it may not cover all circumstances or costs that could arise.
The Operator cannot be held liable for any loss incurred in the event of your failure to hold the necessary passports, visas, and documentation for your journey. You are advised to check with the relevant embassies, consulates, and/or visa departments of the countries you wish to visit. It is your responsibility to obtain whatever travel documents are required.
Please note that some countries have strict rules and regulations on the import of restricted or prohibited goods, items or substances. These can include but are not necessarily limited to alcohol, tobacco, perfumes, medication, books, movies, DVDs, adult entertainment materials, food stuffs, plants, animal parts, etc. It is your responsibility to verify and comply with applicable regulations.
Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States or Canada, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so of their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
BOATING IS DANGEROUS. IF YOU BOAT WITHOUT PROPER EMERGENCY EQUIPMENT OR WITHOUT FIRST CHECKING PRESENT AND FUTURE WEATHER AND SEA CONDITIONS, YOU AND OTHERS COULD SUFFER SIGNIFICANT PROPERTY DAMAGE, PERSONAL INJURY, OR EVEN DEATH. WEAR A LIFE JACKET AND FOLLOW LOCAL MARITIME AND COAST GUARD RULES AND RECOMMENDATIONS.
The Operator makes no warranties or representations about any Hosts, docks, dock owners, facilities or surrounding conditions. The Operator makes no representations about any vessels, condition of vessels, the operators and owners of the vessels. In entering into this agreement, you acknowledge you are relying on information and representations provided by the Hosts and Guest exclusively. You hereby release the Operator from any and all liability arising from any acts, omissions, accidents, events, conditions or conduct of any owners, agents, guests or other persons associated with the owners of the docks or vessels.
You, whether as a User, Member, Host, or Guest, shall defend, indemnify and hold harmless the Operator (and its officers, directors, employees, shareholders, members, managers, partners, servants, investors, insurers, agents, assigns, attorneys, representatives, parent and subsidiary entities, and predecessor and successor entities) from and against any claims, actions, demands, lawsuits, losses, damages, costs, expenses, judgments, fines, penalties, and liabilities (including reasonable attorney’s fees and courts costs) incurred in connection with any third-party (including any governmental entity) demands, assertions, claims, suits, actions or other proceedings in any way alleging or arising from:
A. Any property damage, personal injury, and/or death;
B. Any breach of the applicable representations and warranties to us contained herein;
C. Any infringement of intellectual property rights;
D. Any breach of contract by a Host or a Guest;
E. Any failure to follow federal, state, admiralty, local, or tax laws, regulations, requirements, or guidance.
THIS SECTION HAS A SIGNIFICANT IMPACT ON YOUR RIGHTS, ESPECIALLY WHEN IT COMES TO HOW DISPUTES BETWEEN YOU AND US (INCLUDING ANY DISPUTE AMONG A GUEST AND A HOST) GET RESOLVED. PLEASE READ THIS SECTION CAREFULLY.
If a dispute arises between you and us, we strive to resolve the dispute fairly, quickly, and efficiently. Accordingly, you agree to first give us an opportunity to resolve any dispute, claim, or controversy arising out of or relating to your use of our Site, our Policies, or previous versions of this Agreement or our Policies (“Claim”) by contacting us at email@example.com before taking any other action. If we are not able to resolve your Claim within sixty (60) calendar days after we receive written notice from you of your Claim, you may seek relief for your Claim through arbitration or small claims court, as detailed below.
This Agreement and the Policies, and the rights of the parties hereunder shall be governed by and construed in accordance with the Federal Arbitration Act, federal arbitration law, and the laws of the State of Florida, USA, exclusive of conflict or choice of law rules. You agree that unless otherwise mutually agreed by the parties in writing or as otherwise provided by Section 12.3 below, any Claim shall be brought in a court located in Orange County, Florida, USA.
Any and all Claims will be resolved by binding arbitration, rather than in court, except that you may assert a Claim on an individual basis in small claims court if the Claim qualifies for small claims jurisdiction, which, in Orange County, Florida, USA, is a claim of $5,000 or less, excluding costs, interest, and attorneys’ fees. Binding arbitration also applies to Claims that arose before you accepted these Terms of Service, regardless of whether prior versions of the Terms of Service required arbitration.
Arbitration is less formal than a court proceeding. It is presided over by a neutral arbitrator instead of a judge. An arbitrator can award on an individual basis the same damages and relief as a court, and the arbitrator should apply this Agreement and the Policies as a court would. An arbitration decision may be confirmed by any court with competent jurisdiction. Court review of the arbitration decision is limited.
Arbitration shall be conducted by the American Arbitration Association (“AAA”) using its AAA Consumer Rules by an arbitrator knowledgeable in web-based and e-commerce disputes. Except as provided herein, the Rules will govern payment of all filing, administration and arbitrator fees. If your total Claim seeks less than $10,000.00, we will reimburse you for the amount of the filing fees you pay to the AAA and we will pay half of the arbitrator’s fees. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed location. We may attend the arbitration by phone, videoconference, or other remote method.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claim to:
428 Lakeview Ave
Winter Park, FL 32789
If we request arbitration against you, we will give you notice at the email address or street address you have provided. The AAA’s rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879.
Unless otherwise prohibited by applicable law, and except for New Jersey residents, any Claim must be filed within two (2) years from the date on which such Claim arose or accrued. All claims you bring against us must be resolved in accordance with this Dispute Resolution section. All claims filed or brought that are not in accordance with to this section shall be considered improperly filed. Should a claim be filed by either you or us in manner that is not in accordance with this section, the other party may seek to recover attorneys’ fees and costs up to $5,000.00, provided that the other party has been notified in writing of the improperly filed claim, received fourteen days to withdraw such claim, and fails to do so.
ANY AND ALL PROCEEDINGS TO RESOLVE CLAIMS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
A force majeure event is any event beyond either our or your control and can include, but is not limited to, natural disasters, weather conditions, fire, nuclear incident, electro-magnetic pulse, terrorist act, riots, war, arson attacks, insurgency, rebellion, armed hostilities of any kind, labor disputes, lockouts, strikes, shortages, government actions or restraints, pilferage, bankruptcy, machinery breakdown, network or system interruptions or breakdown, internet or communications breakdown, quarantine, epidemic, pandemic etc. We are not responsible to you or any other person or entity for any damage or loss caused by a force majeure event, and a force majeure event excuses our obligations under this Agreement. We do not guarantee continuous access without interruption to the Site.
The Site and the Terms of Service may exist in a number of languages and local versions (identified by different top-level domain names in some cases), but have originally been drawn up in the English language. In case of conflict between the English language version and a translated version, the English language version of the Terms of Service shall prevail.
The Terms of Service shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law and such determination shall not affect the validity and enforceability of any other remaining provisions. The severed provisions shall be replaced by a provision approximating as much as possible the original wording and intent.
Failure by us to enforce a right does not result in a waiver of such right. You may not assign or transfer your rights under this Agreement.
The Department of Consumer Affairs for the State of California may be contacted at: www.dca.ca.gov/consumers/index.shtml.
If you are a person who needs an accessibility accommodation in order to utilize this Site and our Services, we offer certain assistance that may help. Please contact us at: firstname.lastname@example.org.
If you have any questions about this Agreement or our Site, please contact us via the following: