THIS WAIVER, RELEASE AND INDEMNIFICATION (this “Release”) is made as of [effective date] by and between Connecthedocks™ and [Owner], an individual (“Owner”).
Connecthedocks™ provides an online platform that connects Connecthedocks™ customers with privately available dockage (all of the foregoing, including without limitation if applicable, Owner’s rights and obligations under the agreement dated as of even date herewith by and between Connecthedocks™ and Owner, is referred to herein as the “Services”).
Reference is made to those certain “Terms of Service” agreed to by Owner regarding the terms and conditions of Owner’s use of the Services.
Terms and Conditions
For the reasons described above, in consideration of the mutual promises and covenants set forth in this Release, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Connecthedocks™ and Owner hereby agree as follows:
In consideration of Connecthedocks™ permitting Owner to utilize the Services, Owner, and to the full extent allowed by law, on behalf of him or herself, his or her spouse, children/wards and guests (the “Owner Parties”), does hereby release, waive and discharge Connecthedocks™ of and from any and all manner of action or actions, cause or causes of action, in law or in equity, suits, debts, liens, contracts, agreements, promises, covenants, obligations, liabilities, claims, demands, losses, damages, costs or expenses, including but not limited to court costs and attorneys’ fees (including reasonable attorneys’ and paralegals’ fees and costs incurred before and at trial, at all tribunal levels, whether or not suit is instituted, and at arbitration and in establishing this right to indemnification), of any nature whatsoever, whether or not now known, claimed or suspected, fixed or contingent (hereinafter collectively referred to as “Claims”) which the Owner Parties may have, or which may hereafter accrue to the Owner Parties, as a result of Owner’s, and to the full extent allowed by law, the Owner Parties’ use of the Services. This Release is intended to discharge in advance Connecthedocks™, its members, officers, employees and agents (“Connecthedocks™ Parties”) from any and all liability arising out of or connected in any way with the Owner Parties’ use of the Services even though that liability may arise out of negligence or carelessness on the part of the Connecthedocks™ Parties.
Owner’s receipt of the Services involves known and unknown RISKS associated with dockage rental. Owner, and to the full extent allowed by law on behalf of the Owner Parties, hereby agree to fully accept and assume all such RISKS and all responsibility for losses, costs and damages the Owner Parties incur as a result of the Owner and the Owner Parties receipt of the Services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CONNECTHEDOCKS™ PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM OWNER’S, AND TO THE FULL EXTENT ALLOWED BY LAW THE OWNER PARTIES’ USE OF THE SERVICES. THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT CONNECTHEDOCKS™ HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
The Owner, and to the full extent allowed by law, the Owner Parties, and each of them, hereby indemnifies, defends, and holds harmless the Connecthedocks™ Parties from, against and in respect of any and all direct and/or indirect Claims asserted against or suffered or incurred by the Connecthedocks™ Parties to the extent directly or indirectly under, caused, resulting from or in connection with the Owner’s, and to the full extent allowed by law the Owner Parties’ use of the Services, even if such claims arise out of or in connection with the negligence of the Connecthedocks™ Parties.
The release provided in Section 1 and the indemnification provision in Section 4 shall not apply in the event of gross negligence or intentional misconduct by any Connecthedocks™ Party or in the event of a breach of Connecthedocks™’ obligation to ensure that the docks are insured.
The Background above and Terms of Service are incorporated herein by reference.
I UNDERSTAND THE RISKS INVOLVED AND ACCEPT THEM IN FULL. I, FOR MYSELF, AND TO THE EXTENT ALLOWED BY LAW, MY SPOUSE, CHILD/WARD AND GUESTS, HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
ACCEPTED AND AGREED:
List Your Dock
Do You Own A Dock? List Your Dock And Start Earning Today!
Please read and accept our terms and conditions below in order to continue.
This Agreement was last modified on May 16, 2022.
Connecthedocks.com (the “Site”) is a platform to connect vessel owners (each a “Guest”) with owners (each an “Host”) of docks, boat slips, or any other structure or facility used for docking or mooring a vessel (each a “Docking Facility”). Using the Member-Only Services (defined below), a Host lists their available Docking Facility on the Site (a “Listing”), and a Guest reserves through the Site a limited right to access and use the Host’s Docking Facility for the Guest’s vessel for a specified period of time (a “Reservation”).
The Site is owned and operated by CONNECTHEDOCKS LLC d/b/a connecthedocks.com and its related entities (“us”, “we”, “our”, or the “Operator”). These Terms of Service (“Agreement” or “Terms of Service”) are a legally binding agreement between you and you as a user of this Site (“you” or “User”), and sets forth the terms and conditions for your use of the Site and the Services (defined below).
PLEASE READ THESE TERMS OF SERVICE BEFORE ACCESSING THE SITE IN ANY WAY OR USING ANY OF THE SITE SERVICES. By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site, you agree to be bound by these Terms of Service. As sufficient consideration for your assent to this Agreement, you are provided access to the Site (including any available application of the Site) and its User Services (defined below), and, if you are a Member, its Member-Only Services its accommodation sharing services (collectively, the “Services”). You agree not to use the Site or Site Services if doing so would violate the law(s) of your jurisdiction.
THESE TERM OF SERVICE HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS THAT YOU AND WE MAY HAVE AGAINST EACH OTHER (AND CLAIMS AMONG GUESTS AND HOSTS) ARE RESOLVED, INCLUDING WAIVER OF JURY TRIAL, MANDATORY ARBITRATION, AND WAIVER OF CLASS ACTION.
IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF SERVICE, PLEASE LEAVE THE SITE IMMEDIATELY AND DO NOT ACCESS IT FURTHER.
3. Changes to this Agreement, the Site, and the Services
We reserve the right, at our sole discretion, to modify or replace these Terms of Service, or any of the Policies, by posting the updated terms on the Site. Such changes shall be effective immediately upon posting of the revised terms or Policies on this Site. The effective date of the updated Terms of Service will appear at the top of this page. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service and/or Policies.
Please review this Agreement periodically for changes. By accessing or using this Site, you signify your acceptance of this Agreement and agree to be bound by all of its terms and conditions, and the Policies. If you do not agree to any of this Agreement or the Policies, or any changes to this Agreement or the Policies, discontinue any use of the Site immediately and do not use, access, or continue to access the Site.
We also reserve the right, at our sole discretion, to modify the Site or any of the Services, or any portion thereof, at any time for any or no reason with or without notice to you. Modifications may include changes in available tools, features, or content. Any new features added to the Site shall also be subject to this Agreement.
4. Use of the Site
4.1. Your Representations and Warranties
As a condition of your use of this Site and any of the Services, you represent and warrant the following:
Age. You are at least 21 years old. We do not knowingly market to or collect information from anyone under the age of 13.
Authority. If you are acting on your own behalf, you possess the legal ability and authority to create a binding legal obligation. If you are acting on behalf of another person or entity, you have the legal authority to bind and act on behalf of such person or entity, including the authority to enter into this Agreement, and you will inform such person or entity about the Terms of Service and the Policies, and their binding nature;
Use. You will use this Site in accordance with these Terms of Service. You will only use this Site to make legitimate searches, communications, uploads and payments in connection with a bona fide intention to create a Listing and/or make a Reservation for you and/or another person(s) or entity for whom you are legally authorized to act.
Information. All information supplied by you on this Site is true, accurate, current, and complete.
Responsibility. You are wholly and exclusively responsible for any activities conducted through your account and your access to and use of the Site and the Services.
No Interference. You shall not interfere with anyone else’s use and enjoyment of the Site or other similar services.
4.2. Member Registration
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.”
4.3. Account Security
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.
4.4. Criminal and Civil Penalties; Cooperation with Investigation.
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.
5.1. About Listings
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.
5.2. A Listing is a Contract Offer
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.
5.3. Host Representations
When a Host submits a Listing, the Host represents and warrants to us and to prospective Guests as follows:
The Host makes all of the representations and warranties provided in Section 4.1 above;
The Host has a legally enforceable interest in the Docking Facility and such interest permits the Host to grant access to and use of the Docking Facility to any Guest via the Site and as stated in the Listing;
The information provided in each Listing, including any images, is true, accurate, and not misleading;
If the Docking Facility is adjacent to land (e.g. is not a mooring buoy), there is at least pedestrian ingress and egress to the Docking Facility (i.e. the Docking Facility can be accessed by foot);
In connection with providing the Docking Facility for a Reservation, the Host will comply with the terms of the Host Standards Policy;
The Docking Facility is in working order and is adequate for and compatible with the vessel size and characteristics as stated in the Listing; and
The Docking Facility is not considered lodging and is not being offered as lodging.
5.4. Review of Listings
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.
6.1. About Reservations
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.
6.2. Guest Representations
When a Guest makes a Reservation, the Guest represents and warrants to us and to that Host as follows:
The Guest makes all of the representations and warranties provided in Section 4.1 above;
The Guest intends to use and will use the Docking Facility only in connection with a vessel in which the Guest has a legally enforceable interest;
The Guest does not intend to use and will not use the Docking Facility as lodging;
Guest’s vessel is in working order, is adequate for and compatible with the vessel size and characteristics as stated in the Listing, and contains appropriate equipment for safely docking or mooring the vessel;
In connection with accessing and using the Docking Facility under a Reservation, the Guest will comply with the terms of the Guest Standards Policy;
The Guest is capable of paying all amounts due or that become due in respect to the Reservation.
6.3.Limited Access and Use
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.
7. Pricing Structure and Cancellations
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.
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.
9. Termination or Suspension
9.1.Our Right to Terminate or Suspend
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.
9.2.Results of Termination or Suspension
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.
10. Intellectual Property
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.
11. Third Parties
The Site currently does not permit user-generated content outside of Listings, which may be reviewed and rejected pursuant to Section 5.4.
13. Disclaimer Of Warranties
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.
14. General Limitation of Liability
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):
LOSS OF PRODUCTION, LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF CONTRACT, LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION, LOSS OF CLAIM, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES;
THE INABILITY TO USE, THE UNAUTHORIZED USE OF, DELAY OF, OR THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE;
UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS;
THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE;
ERRORS OR INACCURACIES CONTAINED ON THE SITE OR ANY INFORMATION;
ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE OR SERVICES;
ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THE SITE OR ANY WEBSITE TO WHICH IT PROVIDES HYPERLINKS;
DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SITE, ANY USE, DELAY OR INABILITY TO USE THE SITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE;
ANY INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES; OR
ANY DAMAGES CAUSED BY A FORCE MAJEURE EVENT.
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.
15. Notice of Infringing Material
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:
A clear identification of the copyrighted work you claim was infringed.
A clear identification of the material you claim is infringing on the Site, such as a link to the infringing material.
Your address, email address and telephone number.
A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may send us your notice by email to email@example.com 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.
16. Travel Advisories and Warnings
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.
17. Waiver, Release and Indemnification
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.
18. Dispute Resolution
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.
18.1. Informal Resolution
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 firstname.lastname@example.org 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.
18.2. Governing Law & Venue
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.
18.3. Mandatory Arbitration
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.
18.4. Initiating Arbitration of Claim
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.
18.5. WAIVER OF CLASS RIGHT & JURY RIGHT
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.
19.1. Force Majeure
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.
19.2. Language Translation
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.
19.4. Reservation of Rights
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.
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: email@example.com.
20. Contact Us
If you have any questions about this Agreement or our Site, please contact us via the following: