Terms and Conditions
Last updated: February 2024
Welcome to www.ResDocks.com. This website and mobile application are operated by Residential Dock Rental, LLC (“we,” “us,” “our,” or “ResDocks”). The following terms and conditions (together with any documents referred to in them) (collectively, these “Terms”) apply to your use of our website or other services offered at www.ResDocks.com (the “Site”) and through our mobile application (collectively, our “Platform”).
Accessing our Platform means that you accept and agree to these Terms, which incorporate by reference our Privacy Policy. If you do not agree to these Terms, do not use or access the Platform. Other services offered by ResDocks may be subject to separate terms, such as our Payment Agreement and Dockage Agreement.
We may revise and update these Terms from time to time at our sole discretion and will post any updates to the Terms on the Site. Your continued use of our Site or Platform, or any other service provided through www.resdocks.com, means that you accept and agree to the modified Terms and Conditions.
Scope of Residential Dock Rental, LLC Services
The ResDocks Platform is an online platform that enables registered users (“Members”) to publish dock listings (“Listings”) on the Platform and to communicate with other registered users who are seeking to book dockings (“Dockings”). As the provider of the ResDocks Platform, ResDocks does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any listings. ResDocks’ responsibilities are limited to: (i) facilitating the availability of the Platform and (ii) serving as the limited agent of each dock owner (“Dock Owner”) and boater (“Boater”) for the sole purpose of facilitating Dockings and payment between the parties.
ResDocks has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings; (ii) the truth or accuracy of any Listing descriptions or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party.
YOU UNDERSTAND AND AGREE THAT RESDOCKS IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN MEMBERS, NOR IS RESDOCKS A REAL ESTATE AGENT, BROKER OR INSURER. RESDOCKS HAS NO CONTROL OVER THE CONDUCT OF ITS MEMBERS, OTHER USERS OF THE PLATFORM, OR ANY OTHER THIRD PARTY INDIVIDUALS AFFILIATED WITH A DOCKING, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
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; and (ii) screen Members against third party databases or other sources and request reports from service providers. While ResDocks does exercise its best efforts and due diligence in verifying certain personal and financial information of its Members, it does not endorse any Member or Listing. You should always exercise due diligence and care when deciding whether to dock at a Listing, accept a Docking request, or communicate and interact with other Members, whether online or in person.
PLEASE NOTE THAT, AS STATED ABOVE, THE PLATFORM IS INTENDED TO BE USED TO FACILITATE THE BOOKING OF DOCKS. RESDOCKS CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND/OR THE CONDITION, LEGALITY OR SUITABILITY OF ANY BOATS DOCKING AT SUCH LISTINGS. RESDOCKS IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND BOATS. ACCORDINGLY, ANY DOCKINGS WILL BE MADE AT THE DOCK OWNER AND BOATER’S OWN RISK.
Payment Terms
All payment processing services provided by ResDocks are subject to the terms outlined in our Payment Agreement and the specific Dockage Agreement customized for each Docking.
Access and Use
You are granted a non-exclusive, non-transferable, revocable license to access and use the Platform. As a condition of your use, you warrant that you will not use the Platform for any purpose that is unlawful or prohibited by these Terms. You may not use the Platform in any manner that could damage, disable, overburden, or impair the Platform or interfere with any other party’s use and enjoyment of the Platform.
You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Platform. You may not use any materials or information obtained through the Platform in any way not expressly authorized by these Terms, or our Privacy Policy, Payment Agreement, or a Dockage Agreement..
Account Registration
You must register an account (“ResDocks Account”) to access and use certain features of the Platform, such as publishing a listing or securing a docking. To register a ResDocks Account, you must be at least 18 years old.
You can register a ResDocks Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook.
You must provide accurate, current, and complete information during registration and always keep your ResDocks Account up to date. You may not register more than one (1) ResDocks Account. You may not assign or otherwise transfer your ResDocks Account to another party.
You are responsible for maintaining the confidentiality and security of your ResDocks Account credentials and may not disclose your credentials to any third party. You must immediately notify ResDocks 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 ResDocks Account. You are liable for any and all activities conducted through your ResDocks 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).
ResDocks does not assume any responsibility for the confirmation of any user’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, as part of the account registration process, we may, but have no obligation to, screen users against third-party databases or other sources and request reports from service providers, and where we have sufficient information to identify a user, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background checks in your local jurisdiction (if available).
The access to or use of certain areas and features of the ResDocks Platform may be subject to separate policies, standards or guidelines or require you to accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the ResDocks 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.
Intellectual Property
All content included as part of the Platform, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Platform, is our property or the property of our suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or exploit any of the content, in whole or in part, found on the Platform. Our content is not for resale. Your use of the Platform does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without our express written permission. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to our intellectual property or our licensors except as expressly authorized by these Terms.
User Content on the Platform
ResDocks may allow 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 ResDocks Platform (“Member Content”); and (ii) access and view Member Content and any content that ResDocks itself makes available on or through the Platform, including proprietary ResDocks content and any content licensed or authorized for use by or through ResDocks from a third party (“ResDocks Content”).
The Platform, ResDocks 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 Platform and ResDocks Content, including all associated intellectual property rights, are the exclusive property of ResDocks and/or its licensors or authorizing third-parties. You will not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform, ResDocks Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of ResDocks used on or in connection with the Platform and ResDocks Content are trademarks of ResDocks.
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 Platform, ResDocks Content, or Member Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in this Agreement. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by ResDocks, except for the licenses and rights expressly granted in these Terms.
ResDocks grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and view any ResDocks and Member Content made available on or through the Platform and accessible 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 Platform, you grant to ResDocks 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 Platform, in any media or platform. Unless you provide specific consent, ResDocks does not claim any ownership rights in any Member Content and nothing in this Agreement 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 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 Platform or you have all rights, licenses, consents and releases that are necessary to grant to ResDocks the rights in and to such Member Content, as contemplated under this Agreement; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or ResDocks’s use of the Member Content (or any portion thereof), as contemplated under this Agreement, 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 any other ResDocks policy. ResDocks may, without prior notice, remove or disable access to any Member Content that it finds to be in violation of applicable law, the Terms, this Policy, any of ResDocks’s then-current policies or standards, or otherwise may be harmful or objectionable to ResDocks, its Members, third parties, or property.
UNDER NO CIRCUMSTANCES SHALL RESDOCKS BE LIABLE FOR ANY USER CONTENT POSTED ON OR AVAILABLE THROUGH THE PLATFORM. We do not control, have no obligation to monitor, and are not responsible for what users post or for any false, misleading, offensive, inappropriate, obscene, unlawful, infringing, or otherwise objectionable or illegal User Content on the Platform.
ResDocks Fees
ResDocks may charge fees to dock owners and boaters (collectively, “Platform Fees”) in consideration of the use of the Platform. Any applicable Platform Fees (including any applicable Processing charges) will be displayed to a Dock Owner or Boater prior to publishing or Docking at a Listing. ResDocks reserves the right to change the 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 Listings or Dockings made prior to the effective date of the fee change. You are responsible for paying any Platform Fees that you owe to ResDocks. Except as otherwise provided on the Platform, Platform Fees are non-refundable.
Please note that ResDocks does not currently charge fees to Dock Owners for the creation of Listings or conducting Dockings. However, you acknowledge and agree that ResDocks reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings or conducting Dockings, or for other features of the Platform. Please note that ResDocks will provide notice of any such additional fees via the Services, prior to implementing such fees.
Agreed Exclusivity with ResDocks
As a Member, you agree to use ResDocks to communicate and facilitate any Docking through the Platform. You agree not to act directly or indirectly to circumvent the service fees levied through the Platform.
In certain circumstances, ResDocks may decide, in its sole discretion, to conduct an investigation of the status of a Docking to ascertain the whereabouts of a particular vessel (“Investigation”). ResDocks may conduct such Investigation either electronically (by auditing Platform communications or otherwise) or through due diligence conducted in person, with or without prior notice to the respective Members to the Docking. You expressly authorize ResDocks, or a third party acting on ResDocks’s behalf, to conduct aerial drone or other photographic surveillance at the physical address of a Docking in connection with any Investigation.
In the event that an Investigation determines that Boater has failed to pay any applicable fees as described in these Terms, ResDocks reserves the right to assess a non-refundable penalty charge to the Boater as just compensation for its services in an amount equal to one (1) year of the Boater’s Platform Fees due ResDocks, or One Thousand ($1000.00), whichever is greater. ResDocks maintains the full right and discretion to decide whether the Dock Owner assisted, encouraged, compelled, coordinated with, or in any way caused the Boater to fail to pay any applicable fees as described in this agreement. In the event ResDocks ascertains that the Dock Owner breached any terms of this agreement, or was a willing participant to the Boater’s breaching of any terms of this agreement, ResDocks reserves the right to withhold payout from the Dock Owner in an amount equal to the corresponding penalty charge.
Docking Terms Specific to Dock Owners
When creating a Listing through the Platform you must (i) provide complete and accurate information about your Listing (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 ResDocks. Pictures, animations or videos used in your Listings must accurately reflect the quality and condition of your dock and related amenities. You are responsible for keeping your Listing information up-to-date at all times.
By posting a Listing, you consent to receiving system generated email messages from ResDocks and text messages from other Members through the Platform, either in the form of text messages or mobile app push notifications.
ResDocks collects and remits applicable sale tax on behalf of Dock Owners in connection with their dock rentals. We recommend you contact your state’s Department of Revenue for additional information on sales tax collection, remittance, and registration.
ResDocks recommends that Dock Owners obtain appropriate insurance for their Listings and review any respective insurance policy carefully, particularly with regard to any exclusions to, and any deductibles that may apply to such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Boaters while renting your Space.
Dock Owners alone are responsible for identifying, understanding, and complying with all laws, rules and regulations, including zoning laws, that apply to their Listings. If you have questions about how local laws apply to your Listing(s), you should always seek legal guidance. You represent and warrant that any Listing you post or any Docking that you accept will (i) not breach any agreements you have entered into with any third parties, such as marinas, homeowners’ associations, condominiums, or other agreements, and (ii) comply with all applicable 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 acts and omissions. You are also responsible for the acts and omissions of any individuals who reside at any properties related to or are otherwise present at your request or invitation, excluding the Boater and any individuals the Boater invites to the dock.
If you choose to use the Platform as a Dock Owner, your relationship with ResDocks is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of ResDocks 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 ResDocks. ResDocks does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement.
By accepting a Docking through the platform, you must make your Space available for the Boater for the agreed-upon time period. You understand that you will not take any actions to rent your dock to a third party outside our Platform after accepting and confirming a secured Docking and that doing so will result in your requirement to relinquish any docking Deposits or payouts receive from the Platform, and that ResDocks retains the discretion to suspend or deactivate your account if we become aware that this has occurred.
Docking Terms Specific to Boaters
You may inquire about a Listing at any time. ResDocks will facilitate communication through the platform’s secure messaging system for you and the Dock Owner. Subject to meeting any requirements (such as submitting a reservation request, providing payment information, etc.) set by ResDocks and/or the Dock Owner, you may coordinate a Pre-arrival inspection to Listing before making a decision on whether to secure a Docking at the Listing.
By submitting a reservation for a Listing, you consent to receive automatic messages either in the form of emails and mobile push notifications from ResDocks and from other Members through the Platform.
If you choose to proceed with a Docking, you may do so by following the respective Docking process on the Platform and paying the fees commensurate with the information contained within the Payment Agreement. All applicable fees and payment terms will be presented to you through the Platform before the docking of your vessel.
The Docking details of any transaction you choose to enter into with a Dock Owner will be outlined in a separate Dockage Agreement, between you and the Dock Owner. You acknowledge and agree that you, and not ResDocks, will be responsible for performing the obligations of the Dockage Agreement., that ResDocks is not a party to the Dockage Agreement. and that, except as expressly stated otherwise in these Terms of the Dockage Agreement., ResDocks disclaims all liability arising from or related to any Dockage Agreement.. You acknowledge and agree that, notwithstanding the fact that ResDocks is not a party to the Dockage Agreement. between you and the Dock Owner, ResDocks acts as the Dock Owner’s limited payment agent for the limited purpose of accepting payments from you on behalf of the Dock Owner. Upon your payment of amounts to ResDocks which are due to the Dock Owner, your payment obligation to the Dock Owner for such amounts is extinguished, and ResDocks is responsible for remitting such amounts, less ResDocks’s Service Fees, to the Dock Owner. In the event that ResDocks does not remit any such amounts to a Dock Owner, such Dock Owner will have recourse for such amounts only against ResDocks.
You understand that a secured Docking 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 this 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.
Docking Communications
Twenty-Four (24) hours prior to the scheduled Arrival Date, ResDocks will provide Dock Owner and Boater the other’s mobile phone number.
Docking Modifications, Cancellations and Refunds
Dock Owners and Boaters are responsible for any modifications to a Docking made via the Platform (“Booking Modifications”), and agree to pay any additional fees and/or taxes associated with such Booking Modifications, which shall be reflected in the applicable Dockage Agreement, between the Dock Owner and Boater.
Dock Owners may end dockage rights granted to any Boater on the date listed as Length of Stay, renew the agreement at the same dockage rate or renegotiate their dockage rates. Dock Owners may also end dockage under any of the following circumstances for dockings that have been in progress for less than the term stated:
● The Boater violates any term of this Agreement, the Terms, or any of the ResDocks policies or standards;
● The Boater is a problem customer for the Dock Owner (i.e. engages in fights, personality conflicts between the Dock Owner and Boater, performs unauthorized maintenance on the boat while docked, violates any noise restrictions, fails to maintain insurance coverage, etc.), as determined in ResDocks’s sole discretion based on information provided by the Dock Owner;
● The Dock Owner is selling the property at which the dock is located;
● The Dock Owner is doing construction or other work on the dock that requires the boat to be moved;
● Hurricane/weather/natural disaster aftermath poses a navigational risk for an extended period of time after the event;
● The Dock Owner provides notice that he or she needs the dock for use with his or her personal boat or a family member of the Dock Owner needs to use the dock or
● Any other situation that may arise that ResDocks determines, in its sole discretion, warrants cancellation of dockage.
Upon cancellation of dockage by a Dock Owner or ResDocks, the Boater shall have 30 days to remove his or her boat from the dock.
In the event a Dock Owner or ResDocks ends dockage for any reason not listed above, ResDocks will make a determination as to whether the Dock Owner may maintain his/her ResDocks Account and continue providing dockage services on the Platform on a go-forward basis.
In certain circumstances, ResDocks may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed Docking and initiate corresponding refunds and payouts. This may be for reasons where ResDocks believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to ResDocks, other Members, third parties or property, or for any of the reasons set out in this Agreement or the Terms.
Digital Millennium Copyright Act Policy
Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you believe that any content on the Platform infringes on the intellectual property of a third party, you may send it to: compliance@resdocks. To submit a claim, you must identify your full name, mailing address and phone number, a description of the copyrighted work that has been infringed, a description of the content on the Platform that infringes upon the copyright, and a declaration that: (i) you, in good faith, believe the information is infringing on the copyright of a third party, (ii) the information you include in your notice is accurate, and (iii) you are authorized on behalf of the copyright owner to submit the claim. You may not submit a copyright claim on behalf of another individual or organization with which you have no affiliation.
Links to Other Websites and Connecting through Social Media
The Platform may contain hyperlinks to websites operated by third parties. We do not control such websites and will not be responsible for their content or for any breach of contract or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay or injury to you or your companions. Inclusion of any linked website on the Platform does not imply or constitute approval or endorsement of the linked website by us. If you decide to leave the Platform to access these third-party sites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of websites operated by third parties will apply to you while on such sites. We are not responsible for information provided by you to third parties.
Termination and ResDocks Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Platform, and (b) deactivate or cancel your ResDocks Account. Upon termination, deactivation or cancellation we will promptly pay you any funds we are legally obligated to pay you. Upon termination, deactivation or cancellation, you will remain liable for all amounts due hereunder. You may cancel your ResDocks Account at any time by contacting us via a support ticket. Please note that if your ResDocks account is canceled, we do not have an obligation to delete or return to you any content you have posted to the Platform, including, but not limited to, any reviews or feedback.
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 Platform. In connection with your use of the 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 this Agreement, our Terms, Privacy Policy, or any other ResDocks policies or standards;
● Use the Platform, ResDocks Content or Member Content for any commercial or other purposes that are not expressly permitted by this Agreement or in a manner that falsely implies ResDocks’s endorsement, partnership or otherwise misleads others as to your affiliation with ResDocks;
● Copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the Platform in any way that is inconsistent with this Agreement, or the Terms, or that otherwise violates the privacy rights of Members or third parties;
● Use the Platform in connection with the distribution of unsolicited commercial messages;
● Offer, as a Dock Owner, any Listing that you do not yourself own or have permission to make available through the Platform;
● Contact another Member for any purpose other than asking a question related to your own Docking, or a Listing;
● Use the Platform to request, make or accept a Docking independent of the Platform, to circumvent any Fees or for any other reason;
● Request, accept or make any payment for Fees outside of the Platform;
● 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;
● Avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by ResDocks to protect the Platform;
● Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform;
● Take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Platform; or
● Violate or infringe anyone else’s rights or otherwise cause harm to anyone.
You acknowledge that ResDocks has no obligation to monitor the access to or use of the 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 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 this Agreement. Members agree to cooperate with and assist ResDocks in good faith, and to provide ResDocks with such information and take such actions as may be reasonably requested by ResDocks with respect to any investigation undertaken by ResDocks regarding the use or abuse of the Platform.
Disclaimers
If you choose to use the Platform, you do so voluntarily and at your sole risk. The Platform is provided “as is”, without warranty of any kind, either express or implied. ResDocks cannot guarantee the continuous and uninterrupted availability and accessibility of the Platform. ResDocks may restrict the availability of the 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 Platform. ResDocks may improve, enhance and modify the Platform from time to time.
ResDocks does not perform in-person inspections of Listings or make any claims regarding any technical characteristics of the docks regarding their respective dimensions or characteristics. You agree that you have had whatever opportunity you deem necessary to investigate the Platform, laws, rules, or regulations that may be applicable to your Dockings or Listings and that you are not relying upon any statement of law or fact made by ResDocks 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.
ResDocks shall not, under any circumstances, be held liable for any costs, losses, expenses or damages arising out of (i) any Member’s unauthorized use of the Platform; (ii) any payments exchanged by Members outside of the Platform; (iii) Dock Owner’s failure to obtain any permits necessary to comply with applicable zoning laws; or (iv) Dock Owner’s failure to collection and/or remit any applicable sale tax in connection with dock rentals beyond what ResDocks payment processor, Stripe, collects and remits on behalf of the Dock Owner.
ResDocks shall have the right to collect reasonable costs and necessary disbursements and attorney’s fees incurred in enforcing this Agreement.
YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PLATFORM REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
Electronic Communications
Visiting the Site, using the Platform, or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Platform, satisfy any legal requirement that such communications be in writing. To opt out of receiving marketing emails from us follow the “unsubscribe” link on the email to change your user preferences. There are certain platform-generated and legal notices that you cannot opt out of without deactivating your account.
Indemnification
To the maximum extent permitted by applicable law, you agree to release, defend (at ResDocks’s option), indemnify, and hold ResDocks and its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with (i) your breach of he Terms or our policies or standards, (ii) your improper use of the Platform, (iii) your interaction with any Member, or use of a dock, 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 or use, or (iv) your breach of any laws, regulations or third party rights. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
Warranty and Limitation of 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 PLATFORM, YOUR PUBLISHING OR BOOKING OF ANY LISTING VIA THE PLATFORM, YOUR USE OF ANY DOCK, OR ANY OTHER INTERACTION YOU HAVE WITH OTHER MEMBERS WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RESDOCKS AND/OR ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH (I) THIS AGREEMENT; (II) FROM THE USE OF OR INABILITY TO USE THE 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 PLATFORM; OR (IV) FROM YOUR PUBLISHING OR BOOKING OF A LISTING, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RESDOCKS 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. IN NO EVENT WILL RESDOCKS’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND YOUR USE OF THE PLATFORM INCLUDING, BUT NOT LIMITED TO, FROM YOUR PUBLISHING OR BOOKING OF ANY LISTINGS VIA THE PLATFORM, OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM AND IN CONNECTION WITH THE USE OF ANY DOCK, OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE 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 RESDOCKS 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 RESDOCKS 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.
Feedback
You may voluntarily provide feedback, comments and suggestions for improvements to the Platform (“Feedback”) by emailing us, through the “Contact” section of the Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
Governing Law, Venue and Jurisdiction
These Terms shall be treated as though they were executed and performed in Florida, and shall be governed by the laws of the State of Florida and the laws of the United States without regard to conflict of law principles. Any claim or dispute related to the Platform or under these Terms of Use, the Privacy Policy, and any legal notices on this Platform must be instituted within one (1) year after the claim arose (if multiple claims, from the date the first claim arose) or be forever waived and barred. You agree that you will bring any claims in, and submit to the exclusive jurisdiction of, the state and federal courts located in the County of Hillsborough, in the State of Florida.
Miscellaneous Terms
These Terms of Use, together with our Privacy Policy, Payment Agreement, and Dockage Agreement., if applicable, and any other ResDocks Policies, are the entire agreement between you and us related to your use of the Platform.
General Provisions
Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, this Agreement constitutes the entire agreement between ResDocks and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between ResDocks and you in relation to the access to and use of the Platform.
No joint venture, partnership, employment, or agency relationship exists between you and ResDocks as a result of this Agreement or your use of the Platform.
This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties.
If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
ResDocks’s failure to enforce any right or provision in this Agreement 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 this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise permitted under law.
You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without ResDocks’s prior written consent. ResDocks may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion. Your right to terminate this Agreement 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 ResDocks via email, Platform notification, or messaging service (including SMS).
Contact Information
If you have any questions about these Terms and Conditions email us at compliance@resdocks.