Off-Platform Policy

When you host on Dockshare, you agree to follow our terms and policies, including our Terms of Service. We reserve the right to enforce these terms at our discretion. If there are repeated or serious violations, we may suspend or permanently deactivate an account.

To maintain the integrity of our community and business, the following actions are not allowed:

• Taking transactions off Dockshare for new, partial, or future bookings.
• Contacting potential renters outside Dockshare before booking to move the transaction off the platform (e.g., offering discounts).
• Requesting boaters to fill out forms, or contact you via non-Dockshare methods before accepting booking requests.
• Canceling existing reservations to rebook outside Dockshare.
• Encouraging guests to book directly outside Dockshare for repeat, future, or long-term bookings.
• Including links in messages or dock listings that lead guests off Dockshare to another website.
• Using boater contact information for purposes unrelated to their stay or that could compromise their experience.
• Requesting boater contact information before booking; all pre-booking communications must be on Dockshare.
• Soliciting boater contact details through Dockshare messaging.
• Asking boaters for government ID photos before booking approval (Dockshare handles this through our guest-screening process).
• Using Dockshare-provided contact information for unauthorized purposes.
• Sharing, selling, or using boater contact details for marketing or contact lists. 

If it is determined that a user has intentionally circumvented the Platform’s processes, access restrictions, or any payment structures, Dockshare, Inc. reserves the right to charge the user for any losses, damages, or service fees incurred due to such unauthorized activity. These charges will be determined at Dockshare, Inc. sole discretion based on the extent of the violation.

Cancelation Policy:

Dockshare, Inc. — Privacy Policy

Last updated: June 16, 2021

This Privacy Policy (hereinafter referred to as the “Privacy Policy” or “Agreement”) describes Dockshare, Inc.’s policies and procedures on the collection, use and disclosure of your information when you use the Service and tells you about your privacy rights and how the law protects you.

We use your personal data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this Privacy Policy.

Definitions

For the purposes of this Privacy Policy:

• You means the individual, the company, or other legal entity on behalf of which an individual is accessing or using the Service as applicable. Under General Data Protection Regulation (“GDPR”), you can be referred to as the “Data Subject” or the “User” as you are the individual using the Service.
• Company, referred to as either “the Company”, “we”, “us” or “our” in this Agreement, refers to Dockshare, Inc. For the purpose of the GDPR, the Company is the “Data Controller.”
• Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Account means a unique account created for you to access our Service or parts of our Service.
• Website refers to the Dockshare Platform, accessible from www.dockshare.app
• Service refers to the Dockshare Platform
• Country refers to: Maryland, United States
• Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used. For the purpose of the GDPR, Service Providers are considered “Data Processors.”
• Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
• Personal Data is any information that relates to an identified or identifiable individual. For the purposes for GDPR, Personal Data means any information relating to you such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity. For the purposes of the California Consumer Privacy Act (“CCPA”), Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with you.
• Cookies are small files that are placed on your computer, mobile device or any other device by a website, containing the details of your browsing history on that website among its many uses.
• Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
• Data Controller, for the purposes of the GDPR, refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.
• Do Not Track (DNT) is a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.
• Business, for the purpose of the CCPA, refers to the Company as the legal entity that collects Consumers; personal information and determines the purposes and means of the processing of Consumers; personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers; personal information, that does business in the State of California.
• Consumer, for the purpose of the CCPA, means a natural person who is a California resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose.
• Sale, for the purpose of the CCPA, means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer’s Personal information to another business or a third party for monetary or other valuable consideration.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to:

• Email address
• First name and last name
• Phone number
• Address, State, Province, ZIP/Postal code, City
• Usage Data

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When you access the Service by or through a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.

We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.

You can instruct your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if you do not accept Cookies, you may not be able to use some parts of our Service.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

• To provide and maintain our Service, including to monitor the usage of our Service.
• To manage your Account: to manage your registration as a user of the Service. The Personal Data you provide can give you access to different functionalities of the Service that are available to you as a registered user.
• For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services you have purchased or of any other contract with us through the Service.
• To contact you: To contact you by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
• To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information.
• To manage your requests: To attend and manage your requests to us.

We may share your personal information in the following situations:

• With Service Providers: We may share your personal information with Service Providers to monitor and analyze the use of our Service, to show advertisements to you to help support and maintain our Service, to contact you, to advertise on third party websites to you after you visited our Service or for payment processing.
• For Business transfers: We may share or transfer your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.
• With Affiliates: We may share your information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include our parent company and any other subsidiaries, joint venture partners or other companies that we control or that are under common control with us.
• With Business partners: We may share your information with our business partners to offer you certain products, services or promotions.
• With other users: when you share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If you interact with other users or register through a Third-Party Social Media Service, your contacts on the Third-Party Social Media Service may see your name, profile, pictures and description of your activity. Similarly, other users will be able to view descriptions of your activity, communicate with you and view your profile.

Retention of Your Personal Data

The Company will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies. The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose your Personal Data in the good faith belief that such action is necessary to:

• Comply with a legal obligation
• Protect and defend the rights or property of the Company
• Prevent or investigate possible wrongdoing in connection with the Service
• Protect the personal safety of Users of the Service or the public
• Protect against legal liability

Security of Your Personal Data

The security of your Personal Data is important to us but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Detailed Information on the Processing of Your Personal Data

Service Providers have access to your Personal Data only to perform their tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We may use third-party Service providers to monitor and analyze the use of our Service.

Email Marketing

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us. We may use Email Marketing Service Providers to manage and send emails to you.

Payments

We may provide paid products and/or services within the Service. In that case, we may use third-party services for payment processing (e.g. payment processors). We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

Stripe
Their Privacy Policy can be viewed at https://stripe.com/us/privacy

GDPR Privacy

Legal Basis for Processing Personal Data under GDPR

We may process Personal Data under the following conditions:

• Consent: You have given your consent for processing Personal Data for one or more specific purposes.
• Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof.
• Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.
• Vital interests: Processing Personal Data is necessary in order to protect your vital interests or of another natural person.
• Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.
• Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.

Your Rights under the GDPR

The Company undertakes to respect the confidentiality of your Personal Data and to guarantee you can exercise your rights.

You have the right under this Privacy Policy, and by law if you are within the EU, to:

• Request access to your Personal Data. The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you. This also enables you to receive a copy of the Personal Data we hold about you.
• Request correction of the Personal Data that we hold about you. You have the right to have any incomplete or inaccurate information we hold about you corrected.
• Object to processing of your Personal Data. This right exists where we are relying on a legitimate interest as the legal basis for our processing and there is something about your particular situation, which makes you want to object to our processing of your Personal Data on this ground. You also have the right to object where we are processing your Personal Data for direct marketing purposes.
• Request erasure of your Personal Data. You have the right to ask us to delete or remove Personal Data when there is no good reason for us to continue processing it.
• Request the transfer of your Personal Data. We will provide to you, or to a third-party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Withdraw your consent. You have the right to withdraw your consent on using your Personal Data. If you withdraw your consent, we may not be able to provide you with access to certain specific functionalities of the Service.

CCPA Privacy

Your Rights under the CCPA

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are residents of the State of California in the United States to annually request and obtain, at no charge, information about the personal information (if any) we have disclosed to third parties for direct marketing purposes in the preceding calendar year. This information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request to [email protected].

We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

Children’s Privacy

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from anyone under the age of 13 without verification of parental consent, we take steps to remove that information from our servers.

If we need to rely on consent as a legal basis for processing your information and your country requires consent from a parent, we may require your parent’s consent before we collect and use that information.

Links to Other Websites

Our Service may contain links to other websites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Modifications of this Policy

Dockshare reserves the right to modify this policy at any time in accordance with this provision. If we make changes to this policy, we will post the revised policy on the Dockshare Platform and update the “Last Updated” date at the top of this policy. You are advised to review this policy periodically for any changes.  Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, you can contact us by email at [email protected].

Dockshare, Inc. – End-User License Agreement (“Agreement”)

Last updated: June 16, 2021

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

Definitions

For the purposes of this End-User License Agreement:

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

Acknowledgement

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

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

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

Scope of License

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

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

License Restrictions

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

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

Modifications to the Application

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

Updates to the Application

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

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

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

Maintenance and Support

The Company does not provide any maintenance or support for the download and use of the Application.

Third-Party Services

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

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

You must comply with applicable Third parties' Terms of agreement when using the Application. Third-party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ Terms and conditions.

Privacy Policy

The Company collects, stores, maintains, and shares information about you in accordance with our Privacy Policy: https://dockshare.app/legal/

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

Severability

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

Waiver

United States Legal Compliance

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

Changes to this Agreement

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

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

Entire Agreement

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

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

Your Suggestions

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

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

Contact Us

If you have any questions about this Agreement, you can contact us by email at [email protected].

Dockshare, Inc. — Terms of Service

Updated as of June 16, 2021

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

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

References herein to “Dockshare”, “the Company”, “we”, “us” or “our” in this refers to Dockshare, Inc.

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

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

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

General Provisions

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

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

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

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

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

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

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

Member Accounts

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

Account Registration

You must register an account (“Dockshare Account“) to access and use certain features of the Dockshare Platform, such as publishing or booking a Listing. If you are registering a Dockshare Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.

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

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

You may not register more than one (1) Dockshare Account unless Dockshare authorizes you to do so in writing. You may not assign or otherwise transfer your Dockshare Account to another party without Dockshare’s authorization in writing.

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

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

Terms Applicable to all Members

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

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

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

Dockshare, Inc., assumes no responsibility or obligation as to dock owner compliance.

Scope of Service

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

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

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

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

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

To promote the Dockshare Platform and to increase the exposure of Listings to potential Boaters, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements.

Links to Other Websites, Resources or Services

The Dockshare Platform may contain links to third-party websites, resources or services that are not owned or controlled by Dockshare (“Third-Party Platforms”). Such Third-Party Platforms may be subject to different terms and conditions and privacy practices. Dockshare is not responsible or liable for the availability or accuracy of such Third-Party Platforms, or the content, products, or Dockshare Platforms available from such Third-Party Platforms. Dockshare has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Dockshare shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. Links to such Third-Party Platforms are not an endorsement by Dockshare of such Third-Party Platforms. 

Eligibility, Using the Dockshare Platform, Member Verification

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

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

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

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

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

Modification of these Terms

Dockshare reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Dockshare Platform and update the “Last Updated” date at the top of these Terms.  You are advised to review these Terms periodically for any changes.  Changes to these Terms are effective as of the date they are posted on this page.

Content and Intellectual Property

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

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

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

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

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

You are solely responsible for all Member Content that you make available on or through the Dockshare Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Dockshare Platform or you have all rights, licenses, consents and releases that are necessary to grant to Dockshare the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Dockshare’s use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

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

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

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

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

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
• A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
• Identification of the URL or other specific location on the Service where the material that you claim is infringing is located.
• Your address, telephone number, and email address.
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

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

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

Content Backups

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

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

You agree that it is your responsibility to create and maintain records of your Member Content as necessary.

Dockshare Platform Fees

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

Any applicable Dockshare Platform Fees (including any applicable taxes) will be displayed to a Dock Owner or Boater prior to publishing or booking a Listing. Dockshare reserves the right to change the Dockshare Platform Fees at any time. Such fee changes will not affect any bookings made prior to the effective date of the fee change.

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

Terms Specific to Dock Owners
Terms applicable to all Dock Owner Listings

When creating a Listing through the Dockshare Platform you must (i) provide complete and accurate information about your “Dock Owner Service” (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions and requirements that apply and (iii) provide any other pertinent information requested by Dockshare. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.

You are solely responsible for setting a price (including any Taxes if applicable) for your Listing (“Listing Fee”). Once a Boater requests a booking of your Listing, you may not request that the Boater pays a higher price than in the booking request.

Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.

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

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

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

Dockshare recommends that Dock Owners obtain appropriate insurance for their Dock Owner Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Boaters (and the individuals the Boater has booked for, if applicable).

Listing Dock Owner Services

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

You represent and warrant that any Listing you post and the booking of, or a Boater’s use of a Dock will (i) not breach any agreements you have entered into with any third parties, such as homeowners association, marinas, condominium, or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Dock Owner, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Dock at your request or invitation, excluding the Boater and any individuals the Boater invites to the Dock.

Terms Specific to Boaters

Terms Applicable to All Boaters’ Bookings

Subject to meeting any requirements (such as completing any verification processes) set by Dockshare and/or the Dock Owner, you can book a Listing available on the Dockshare Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Boater Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your Dockshare Account.

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

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

Damage to Docks, Disputes between Members

As a Boater, you are responsible for leaving the Dock (including any personal or other property located at the Dock) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Dock, excluding the Dock Owner (and the individuals the Dock Owner invites to the Dock, if applicable).

If a Member claims and provides evidence that another Member caused damage to any personal or other property of the other Member, the Member can seek payment for any such damage from the damaging party directly.

Booking Docks

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

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

Other Terms Applicable to All Members

Booking Modifications, Cancellations and Refunds, Resolution Center

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

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

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

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

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

Ratings and Reviews

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

Ratings and Reviews by Boaters and Dock Owners must be accurate and may not contain any offensive or defamatory language.  Ratings and Reviews are subject to Dockshare’s review and removal.

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

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

Any questions regarding and/or appeals of a Review and Rating, contact: [email protected].

Taxes

As a Dock Owner you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes (“Taxes“).

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

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

Prohibited Activities

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

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

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

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

Term and Termination, Suspension and other Measures

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

You may terminate this Agreement at any time by sending us an email at [email protected] with a subject line of “Termination of Agreement”. If you cancel your Dockshare Account as a Dock Owner, any confirmed booking(s) will be automatically cancelled and any pending rentals will be fully refunded to the respective Boaters. If you cancel your Dockshare Account as a Boater, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.

Without limiting our rights herein, Dockshare may terminate this Agreement and/or stop providing access to the Dockshare Platform for convenience at any time by giving you thirty (30) days’ notice via email to the email address registered with your Dockshare Account.

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

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

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

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

If we take any of the measures described above, you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.

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

Disclaimers

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

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

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

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

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

If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.

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

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Dockshare Platform, your publishing or booking of any Listing via the Dockshare Platform, your stay at any Dock, or use of any other Dock Owner Service, or any other interaction you have with other Members whether in person or online remains with you. Neither Dockshare nor any other party involved in creating, producing, or delivering the Dockshare Platform will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, Dockshare Platform interruption, computer damage or system failure or the cost of substitute products or Dockshare Platforms, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Dockshare Platform, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Dockshare Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Dock Owner Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Dockshare has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Dock Owners pursuant to these Terms, in no event will Dockshare’s aggregate liability arising out of or in connection with these Terms and your use of the Dockshare Platform including, but not limited to, from your publishing or booking of any Listings via the Dockshare Platform, or from the use of or inability to use the Dockshare Platform and in connection with any Dock use or Dock Owner Service, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the Dockshare Platform as a Boater in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Dock Owner, the amounts paid by Dockshare to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Dockshare and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect Dockshare’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend, indemnify, and hold Dockshare and its affiliates and subsidiaries, including but not limited to, Dockshare Payments, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Dockshare Platform or any Dockshare Platforms, (iii) your interaction with any Member, stay at an Dock, or use of a Dock Owner Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, or (iv) your breach of any laws, regulations or third party rights.

Dispute Resolution and Arbitration

Applicability.  If a Member’s (i) residence or establishment is in the United States or (ii) residence or establishment is not in within the United States but said Member is bringing a claim against Dockshare in the United States, the Parties agree to seek amicably to settle all disputes arising out of or in connection with this Agreement by negotiation.  If, within thirty (30) calendar days after written notice by said Member of the existence of a dispute (pursuant to the requirements set forth below), the Parties do not resolve such dispute, then the dispute shall be finally settled under the Consumer Arbitration Rules (the “Rules”) of the American Arbitration Association (“AAA”), by one or more arbitrators appointed in accordance with the said Rules and the provisions of this section.  The language of the arbitration shall be English.  The place of the arbitration shall be in Baltimore, Maryland, United States.  The arbitrator(s) are authorized to award to the prevailing Party, if any, as determined by the arbitrator(s), its costs and expenses, including attorneys’ fees and related costs and expenses.

Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, the Parties agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Dockshare’s customer Dockshare Platform team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration.

Agreement to Arbitrate. You and Dockshare mutually agree that the arbitrator(s) shall have the discretion to hear and determine at any stage of the arbitration any issue asserted by any Party to be dispositive of any claim or counterclaim, in whole or in part, in accordance with such procedure as the arbitrator(s) may deem appropriate, and the arbitrator(s) may render an award on such issue.

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

Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.  The award shall be rendered within nine (9) months of the appointment of the arbitrator(s), unless the arbitrator(s) determine that the interest of justice requires that such limit be extended.  The arbitration shall conclude and the dispute resolved by issuance of a written decision which may include, as appropriate, a monetary award, but not a penalty or punitive, consequential or exemplary damages, however described.  Each Party hereby waives all objection which it may have at any time to the laying of venue of any proceedings brought in such courts, waives any such claim that such proceedings have been brought in an inconvenient forum and further waives the right to object with respect to such proceedings that any such court does not have jurisdiction over such Party.

Confidentiality.  The Parties undertake to keep confidential all awards in their arbitration, together with all materials in the proceedings created for the purpose of the arbitration and all other documents produced by another Party in the proceedings not otherwise in the public domain, save and to the extent that disclosure may be required of a Party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority.  Nothing in this Agreement shall prevent either Party from seeking provisional measures from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate.

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

No Class Actions or Representative Proceedings. You and Dockshare acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding as to all Disputes. Further, unless you and Dockshare both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this Section is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “private attorney general action” waiver or the “representative proceeding” waiver in this Section is held unenforceable with respect to any Dispute, those waivers may be severed from this Arbitration Agreement and you and Dockshare agree that any private attorney general claims and representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.

Severability

Except as regarding the provision entitled “No Class Actions or Representative Proceedings,” in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

Applicable Law and Jurisdiction

These Terms will be interpreted in accordance with the laws of the State of Maryland and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Dispute Resolution and Arbitration provision herein must be brought in state court in Baltimore County, Maryland, or the United State District Court for the District of Maryland, Northern Division, unless we both agree to some other location in writing. You and we both consent to venue and personal jurisdiction in Baltimore County, Maryland for state court and the United State District Court for the District of Maryland, Northern Division.

Your Feedback to Us

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

Contact Us

If you have any questions about this Agreement, you can contact us by email at [email protected].

Messaging Terms & Conditions

Dockshare

General

When you opt-in to the service, we will send you a message to confirm your signup.

By opting into messages, you agree to receive recurring automated marketing and informational text messages from Dockshare for Dockshare. Automated messages may be sent using an automatic telephone dialing system to the mobile telephone number you provided when signing up or any other number that you designate.

Message frequency varies, and additional mobile messages may be sent periodically based on your interaction with Dockshare. Dockshare reserves the right to alter the frequency of messages sent at any time to increase or decrease the total number of sent messages. Dockshare also reserves the right to change the short code or phone number where messages are sent.

Message and data rates may apply. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. Your wireless provider is not liable for delayed or undelivered messages.

Your consent to receive marketing messages is not a condition of purchase.

Carriers

Carriers are not liable for delayed or undelivered messages.

Cancellation

You can cancel any time by texting “STOP”. After you send the SMS message “STOP”, we will send you a message to confirm that you have been unsubscribed and no more messages will be sent. If you would like to receive messages from Dockshare again, just sign up as you did the first time and Dockshare will start sending messages to you again.

Info

Text “HELP” at any time and we will respond with instructions on how to unsubscribe. For support regarding our services, email us at [email protected].

Transfer of Number

You agree that before changing your mobile number or transferring your mobile number to another individual, you will either reply “STOP” from the original number or notify us of your old number at [email protected]. The duty to inform us based on the above events is a condition of using this service to receive messages.

Privacy

If you have any questions about your data or our privacy practices, please visit our [Link to SMS privacy policy].

Messaging Terms Changes

We reserve the right to change or terminate our messaging program at any time. We also reserve the right to update these Messaging Terms at any time. Such changes will be effective immediately upon posting. Your continued enrollment following such changes shall constitute your acceptance of such changes