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Terms Of Access

Dockage Link Portal

Terms of access

 

Last revised June 15th, 2017                                                            

 

These Portal Terms of Access are a binding legal agreement between Dockage Link, a d.b.a of Floatech Marine LLC (“Dockage Link” “we” or “us”), and you the user of the Dockage Link Portal (“you” or “User”). By accessing, registering on or using the Dockage Link Portal, you agree to be bound by these terms and conditions (“Terms”).

READ THESE TERMS CAREFULLY. THEY INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

Our role and some definitions.

The Dockage Link Portal provides an online meeting platform that makes it easier for Users seeking to rent boat slips, docks, mooring buoys and dry storage options (all together “slip(s)”) and slip Owners to connect. All of Dockage Link’s portal, websites, blog and mobile applications are hereinafter collectively referred to as the “Portal”. By accessing or using the Portal, including by communicating with us or other Dockage Link Users, you agree to comply with, and be legally bound by, the provisions of these Terms of Access (“Terms”), whether or not you become a registered User of the Portal. These Terms govern your access to, and use of, the Portal.

The Portal and your use of the Portal doesn’t change anything about your relationship with another User, your electronic payment service provider, your bank or your credit card company, which relationships remain at all times governed by the terms you have agreed separately with each of them. You remain at all times solely responsible for any sums you may owe to another User, your bank or your credit card company, even if in connection with or arising out of you meeting another User through the Portal. As a Renter of a slip you are ultimately responsible for the rental purchases you make from an Owner of a slip. Also, the Owner of a slip is the one responsible for providing you the rental services that you purchase from such Owner.

Dockage Link is not a rental company. It does not own an inventory of slips, and is not, in the business of renting slips to the public. Dockage Link is in the business of providing an online platform where slip Owners and those in need of a slip can meet to possibly share slips amongst themselves if they so choose at their own risks and costs, subject to these Terms.

Dockage Link does not provide tax or legal advice. You represent and warrant that you have sought advice from independent counsel prior to entering into these terms or prior to any transaction between an Owner and Renter.

Dockage Link does not act as your agent or on your behalf. Dockage Link does not act as your electronic payment service provider’s agent or on their behalf. Your electronic payment service provider is the one with whom you have opened an account API, not Dockage Link.

Agreement and Modification. All of the provisions in the Terms, together with Dockage Link’s Privacy Policy, Security Policy, Acceptable Use Policy and Refund Policy provided on the Dockage Link Portal (the “Policies”) constitute the “Agreement” between you and Dockage Link.

Dockage Link reserves the right, at its entire discretion, to modify the Portal or to modify these Terms at any time. If we modify these Terms, we will post the modification on our Portal. We will also update the “Last Revised” date at the top of these Terms. By continuing to access or use our Portal after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your sole recourse is to stop using and accessing the Portal and close your Account.

If you have any questions for us concerning this Agreement or Dockage Link generally, please contact us at support@dockagelink.com.

General terms

Eligibility. By accessing the Portal you represent and warrant that you are at least 18 years of age and that you will not access or use the Portal for any fraudulent, unlawful or abusive purpose.

Account Registration. In order to access certain features of the Portal you must sign up for an account with us (hereinafter a “Dockage Link Account”) by either providing us your email address and creating a password or through a third-party social networking site account (e.g. Facebook, Twitter, Google+, etc..).

Upon your initial request to access the Portal, we will issue you certain identifying information (such as an Account name or number and a password) based on the identifying information that you will provide us (such as your email address) (all together “Dockage Link Credentials”). You understand and agree that all Dockage Link Credentials are stored with our providers and that such providers may at their discretion and from time to time use affiliates and/or various third party providers to store your Dockage Link Credentials.

Dockage Link will request that its providers use reasonable efforts to keep your Dockage Link Credentials and Payment Credentials secure.

You must obtain your Payment Credentials directly through the API of your electronic payment service provider linked on the Portal, with whom you will open your own account and must abide by that service provider’s terms to obtain, use, secure or terminate your Payment Credentials. We do not store your Payment Credentials at Dockage Link itself and have requested from our providers that they do not store them beyond what is reasonably necessary for you to input your Payment Credentials into the payment platform through the API on the Portal web page. We do not have the capacity to recall or retrieve your Payment Credentials and you understand that our providers may delete any Payment Credentials you input through the Portal web page at any time.

If you send us text messages, or have us send you one, don’t forget that your carrier might charge you for that.

Your access to the Portal shall be subject to the policies for the Portal available at Privacy Policy, Security Policy, Acceptable Use Policy and Refund Policy. You agree to the use of your data (including without limitation your Dockage Link Credentials and Payment Credentials) in accordance with Dockage Link’s Privacy Policy, Security Policy, Acceptable Use Policy and Refund Policy.

 

Acknowledgement of terms.

As a Renter (as defined herein) of a slip, you hereby acknowledge and agree to the additional terms in Schedule 1.

As an Owner (as defined herein) of a slip, you hereby acknowledge and agree to the additional terms in Schedule 2.

Screenings. When you sign up to either list or rent a slip, you will provide us with certain information about yourself to enable us to verify your identity in order to become a User. You promise to provide complete and accurate information to Dockage Link about yourself and your slip(s), if any. Where permitted, Dockage Link has the right, but not the obligation, to undertake screenings, checks, and processes designed to help verify or check the identities and/or backgrounds of Users and slips, but we do not endorse any slip, User, or his or her background. Dockage Link may in its sole discretion use third party providers to verify the information you provide to us and to obtain additional related information and corrections where applicable and you hereby authorize Dockage Link to request, receive, use, and store such information. Dockage Link may accept or reject your application to become a User in its sole discretion.

Ongoing Information Updates. You promise to update the information you have provided to Dockage Link in the event of any changes to your record, contact information, or background. Specifically with respect to your contact information, Dockage Link may deliver notices to you at the most recent email, telephone, or billing address provided by you, and those notices will be considered valid even if you no longer maintain the email account, telephone number, or receive mail at that address unless you provide updated contact information to us. Also, you are and will be solely responsible for all of the activity that occurs through your Account, so please keep your password and Account information secure. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Dockage Link Account, whether or not you have authorized such activities or actions. You will immediately notify Dockage Link of any actual or suspected unauthorized use of your Dockage Link Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your Account after you have reported unauthorized access to us.

Fees and Collection. The fees charged for using the Portal and other fees can be found here.  You must have a payment method that’s valid on the Portal and pay all fees associated with our Portal by the payment due date. If your primary payment method fails or your account is past due, you authorize us to to employ all legal methods available to collect the amounts, including the engagements of collection agencies or legal counsel. In addition, you may be subject to late fees.

User Obligations. You agree that you will always use your Account and the Portal in compliance with the Terms, applicable law, and any other policies and standards provided to you by Dockage Link. As an owner of a slip (hereinafter “Owner”), you represent and warrant that you will provide a safe and legally registered slip, with a clean title, in good structural, mechanical and electrical condition, on-time to the renter who is a “Renter” User. As a Renter User, you represent and warrant that you’ll be a legally licensed to occupy the slip (as relevant under applicable law), you will treat the slip well and will take all reasonable measures to return the slip on time in essentially the same condition that you received it.

In connection with your use of or access to the Portal you may not, and you agree that you will not, nor advocate, encourage, request, or assist any third party to violate any law, including: (i) infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Dockage Link, or that comes from the Portal and belongs to another Dockage Link User or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights, except with prior express written permission of Dockage Link; and (ii) breach, violate, and/or circumvent any local, state, or federal law or other law or regulation, or any order of a court, including, without limitation, airport or air corridor regulations, tax regulations, licensing or registration requirements, third party rights or our systems, policies, or determinations of your Account status;

Violations. Dockage Link has the right, but not the obligation, to investigate, pursue, and seek to prosecute or litigate violations of this Agreement to the fullest extent permissible by the law. Dockage Link may access, preserve, and disclose any of your information if we are permitted or required to do so by law; if we believe in good faith that it is reasonably necessary to respond to claims asserted against Dockage Link or to comply with legal process (for example, subpoenas or warrants); to enforce or administer the Terms; to do so for fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes; and/or to protect the rights, property, or safety of Dockage Link, its employees, its Users, or members of the public.

Dockage Link reserves the right, at any time and without prior notice, to remove, suspend or disable access to any content that Dockage Link, at its sole discretion, considers to be objectionable for any reason, in violation of this Agreement or otherwise harmful to the Portal or our community. If we believe you are abusing Dockage Link, our Users, or employees in any way or violating the letter or spirit of any of this Agreement, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your User Account(s) and access to our Portal, remove hosted content, deny a claim for coverage, remove and demote your listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Portal. Additionally, we reserve the right to refuse or terminate our Portal to anyone for any reason at our discretion.

Electronic Communications and Communications with You. In order to contact you more efficiently, we may at times contact you using electronic, autodialed or prerecorded message calls or text messages at your telephone number(s). We may place such calls or texts primarily to confirm your signup; provide notices regarding your Account or Account activity; investigate or prevent fraud; collect a debt owed to us; or communicate urgent messages. You agree that we, or our service providers, may contact you using electronic, autodialed or pre-recorded message calls and text messages to carry out the purposes we have identified above. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these communications, but will not share your phone number(s) with third parties for their own purposes without your consent. Where Dockage Link is required to obtain your consent for such communications, you may choose to revoke your consent.

 

Legal disputes for Owners and Renters.

PLEASE READ CAREFULLY. Subject to applicable law, you and Dockage Link agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Terms of Access, your use of or access to the Service or any breach, enforcement, or termination of this Agreement will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

Applicable Law and venue. These Terms of Access will be governed by the laws of the State of New York, except for it’s choice of law rules, and applicable federal United States laws. Each party agrees to submit to personal and exclusive jurisdiction of the courts located in New York County, New York.

Dockage Link Image Content. Dockage Link may offer User the option to upload images or photographs of their slips or boats at their own risks and costs (“Images”). You alone are responsible for uploading and using the Images in connection with your Dockage Link Account and you warrant that you will remove and cease using the Images if they no longer accurately represent your slip or boat. You agree that Dockage Link is the sole and exclusive owner of all right, title, and interest in all copyrights, trademark rights, and any and all other intellectual property rights, including right of publicity rights, worldwide, in the Images regardless of whether you include them in your Account’s listing and you shall take no action to challenge or object to the validity of such rights or Dockage Link’s ownership or registration thereof. You hereby acknowledge that Dockage Link may use the Images for advertising, marketing, commercial, and other business purposes in any media or platform, whether in relation to your Account’s listing or otherwise, without further notice or compensation. Further, you hereby waive any and all moral rights you may have in the Images. At Dockage Link’s request, you will execute documents and take such further acts as Dockage Link may reasonably request to assist Dockage Link to acquire, perfect, and maintain its intellectual property rights and other legal protection in the Images.

You understand that if Dockage Link uses the term “Images” the term is intended only to indicate a photographic representation of the slip or boat at the time the photograph was taken. Images are therefore not an endorsement by Dockage Link of any User or any slip or boat. Likewise, Dockage Link does not commit to undertake efforts to ensure the adequacy or safety of slips rented through the Portal. We do not make any representations about, confirm, or endorse the adequacy or safety of any slip beyond our policies that require slip Owners to ensure their slips are in safe and operable condition, legally registered to be used by the public, have a clean title, not subject to any applicable safety or health restrictions, and otherwise satisfy our Eligibility Requirements.

Dockage Link Content and User Content License. Subject to your compliance with the provisions of these Terms, Dockage Link grants you a limited, revocable, non-exclusive, non-transferable license, to access and view any Dockage Link content solely for your personal and non-commercial purposes and access and view any User content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Dockage Link or its licensors, except for the licenses and rights expressly granted in these Terms.

User Content. We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content through our Portal such as photographs of you and your slip(s) or boat(s), reviews, feedback, and descriptions of your slip or experience with your slip. By making available any content on or through the Portal, or through Dockage Link promotional campaigns, you hereby grant to Dockage Link a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, translate, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of or to promote or market the Portal. Dockage Link does not claim any ownership rights in any such content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such content.

Copyright. If you think a User is violating your copyright(s) and want to notify us, you can find information about submitting notices on the official US Digital Millennium Copyright Act site online. We respond to notices of alleged copyright infringement and terminate Accounts of repeat infringers according to the process set out in the US Digital Millennium Copyright Act and similar laws.

Suspension and Termination. You may discontinue your use of the Portal at any time and you are responsible to negotiate terms of termination on rentals between you and other Users.

Dockage Link may terminate or suspend your access to the Portal for any reason or no reason. Termination of access to the Portal will not release either party from any obligations incurred prior to the termination and Dockage Link may retain and continue to use any information previously provided by you. Termination of this Agreement will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under this Agreement and/or any fees due, and all of those terms will survive any termination of this Agreement.

No Transfer or Assignment. Except as otherwise provided herein, slip Owners and Renters agree that nothing in these Terms constitutes an actual or purported transfer or assignment of any right or interest in a slip shared through the Dockage Link Portal.

Disclaimers. DOCKAGE LINK PROVIDES A PORTAL MEETING PLACE THAT FACILITATES SLIP RENTALS BETWEEN SLIP OWNERS AND SLIP RENTERS. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, DOCKAGE LINK DOES NOT ITSELF PROVIDE SLIP RENTAL AND IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS PORTAL, THE PROPERTY, LOT OR MARINA IN WHICH THE SLIP IS FOUND, THE BOAT MANUFACTURER, OR ANY OF YOUR THIRD-PARTY PROVIDERS. THE PORTAL INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON, PROVIDED IN CONNECTION WITH OR ACCESSIBLE THROUGH THE PORTAL, IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, DOCKAGE LINK EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Dockage Link makes no warranty that the Portal, including, but not limited to, the listing and/or any slip, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Dockage Link makes no warranty regarding the quality of any listings, slips, Owners, Renters, the Portal, or any content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Portal. No advice or information, whether oral or written, obtained from Dockage Link or its service providers or through the Portal or content, will create any warranty not expressly made herein.

Limitation of Liability and Waiver. NEITHER DOCKAGE LINK NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PORTAL WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR PORTAL, FROM THE USE OF OR INABILITY TO USE THE PORTAL, OR FROM YOUR LISTING OR BOOKING OF ANY SLIP VIA THE PORTAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.

EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS UNDER OUR REFUND POLICY, IN NO EVENT WILL DOCKAGE LINK OR ITS INSURER’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE PORTAL, EXCEED THE GREATER OF THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE PORTAL AS A RENTER IN THE ONE (1) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE AN OWNER, THE AMOUNT EARNED BY YOU IN THE ONE (1) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR US$100.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST DOCKAGE LINK AND ITS RESPECTIVE SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS, OR EMPLOYEES (THE “DOCKAGE LINK PARTIES”) AND ANY DOCKAGE LINK USER FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PORTAL INCLUDING, WITHOUT LIMITATION, A SLIP NOT BEING AVAILABLE WHEN IT WAS SUPPOSED TO BE, ANY MALFUNCTION OF OR DEFICIENCY IN A SLIP, ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD PARTY, ANY PERSONAL INJURY OR PROPERTY DAMAGE SUFFERED BY YOU OR ANY OF YOUR CO-USERS AND, IN THE CASE OF THE DOCKAGE LINK PARTIES, ANY ACTIONS OR INACTION OF THE SLIP OWNER.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DOCKAGE LINK 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 ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Indemnification. To the extent permitted by applicable law, you agree to release, defend, indemnify, and hold Dockage Link and its subsidiaries, 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 your access to or use of the Portal or your violation of these Terms; your User content; Images; your interaction with any User, booking of a slip, or creation of a listing for a slip; or the use, condition, or rental of a slip by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of a rental, booking, or use of a slip.

Liquidated damages. You acknowledge that actual damages likely to result from engaging in grey market transactions (i.e., any scheme, conduct or behavior aimed directly or indirectly at circumventing the obligation to pay any Dockage Link Fees) are difficult to quantify and would be difficult for Dockage Link to prove. You will pay Dockage Link $1,000 in Liquidated Damages to compensate Dockage Link for any such conduct. This amount do not constitute punitive damages.

No Agency. Dockage Link does not appoint you or any other User as its employee, mandatory, legal agent, or form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of Dockage Link and Dockage Link will not make commitments on your behalf, except as contemplated by the Portal or as expressly stated in this Agreement.

General.

Dockage Link’s failure to exercise or enforce any right or provision of the Terms will not be considered a waiver of that right or provision. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and remain enforceable between the parties. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. These Terms, including Dockage Link’s policies referenced herein, constitute the entire agreement between you and Dockage Link with respect to the use of your Dockage Link Account and the Portal. Save as expressly provided herein, this Agreement is not intended and shall not be construed to create any rights or remedies in any parties other than you and Dockage Link and no other person will have the ability to assert any rights as a third-party beneficiary under these Terms of Access.

You may not delegate your legal obligations or transfer any of your rights, in whole or in part, to any third party without advance written consent of Dockage Link. You will remain responsible for your obligations hereunder in any event. A Dockage Link Director or Officer must agree to any modification or waiver of any term of this Agreement in writing.

Notifications. Dockage Link can be contacted at PO Box 874, New York, NY 10163. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Portal of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at 1-800-952-5210.

 

 

 

 

Schedule 1 - Specific terms for Renters

 

The following Sections also apply if you rent a slip from an Owner met on the Dockage Link Portal:

General. As a Renter User, you are solely responsible for deciding which slip and slip location is suitable for your boat.  For each booking you make on the Portal, you should carefully evaluate the slip ensuring it meets your standards. You undertake to abide by the rules of the property, lot or marina in which the booking is found.

Rental Fees. By entering Payment Credentials on the API of your electronic payment service provider linked on the Portal and agreeing to booking a slip with an Owner, you authorize the Owner of a slip you rented to trigger API payment activity and/or charge any payment methods on file in your Account for all amounts you agreed to be due to that Owner, including but not limited to, rental fees, security deposits, processing fees, usage fees, fines/penalties, deductibles, and damages, and you furthermore represent and warrant that you have the right to make this authorization. You will be responsible for all of the costs relating to any citations and fines incurred during the rental period. You are responsible for paying all rental fees to Owner when they come due.

Dockage Link does not guarantee that your electronic payment service provider or its API will perform as you intend. You remain at all times responsible for payments owed to the Owner pursuant to the rental of a Slip.

Use of the slip. When you rent a slip from an Owner through Dockage Link, you must use the slip only for your personal use and not for any commercial purposes (except where permitted by law). You may not access a slip until the beginning of your rental period and you must return the slip on time. You must exercise reasonable care in your use of the slip. You are required at all times to occupy the slip safely, and in compliance with all applicable laws. In the event Dockage Link has any concern about your use of a slip, Dockage Link may terminate your reservation in its discretion at any time and require the return of the slip, including recovering the slip on behalf of the Owner. You are also required to comply with personal protection requirements, laws or regulations concerning the slip. If you have any concerns about your planned use, please contact the Owner immediately. You will be fully financially responsible for any claims, loss, or damage related to your misuse of a slip.

Condition of the Slip. You understand that third parties own the slips offered through the Portal. Each Owner is responsible for complying with all legal requirements (including ensuring the slip is registered (as applicable) and insured) and maintaining their slip(s) in safe and ready-to-use condition. Please complete a visual inspection before you begin your use of the slip. If you find damage in your initial inspection, you should send photos of such pre-existing damage at the start of your reservation to the Owner to ensure you are not held responsible for any pre-existing damage. If you find damage on your initial inspection and fail to report it, it may be assumed that the damage occurred during your rental period. If, after your initial inspection, you believe that the slip is not safe to use, please do not use the slip; in that event, please contact the Owner immediately.

State Laws Regarding Occupancy. There are criminal liability statutes and/or common law in most states for failure to return a rental within a certain period of time after the rental period has expired. Failure to return the slip may result in the reporting of the slip you have rented to law enforcement, possibly subjecting you and any other perpetrator to arrest, and civil and/or criminal penalties.

Repossession. The slip Owner and/or hired agent may repossess any slip rented without demand, at the Renter’s expense, if the slip is not returned by the end of the reservation, is found apparently abandoned, or used in violation of applicable law or these Terms.

Damaged Slips. If a slip you have rented is damaged or vandalized during the rental period (or extension period), you, as the Renter, must immediately file a police report immediately after discovering the slip is damaged or vandalized, but in no event more than 24 hours after discovery; and cooperate fully with the slip Owner, law enforcement, any other involved party and other authorities in all matters related to the investigation.

Other Legal Matters. You agree to comply with any and all applicable laws and regulations, including applicable registration and minimum insurance requirements (if any) for your boat. As part of your participation in the Portal, you must maintain your own insurance policy and meet any minimum insurance levels required by law. You also promise to maintain registration information and proof of insurance in your boat during every rental period. You agree to provide Dockage Link with information regarding your policy’s coverage as may be requested. You must inform Dockage Link promptly in the event information previously provided changes.

 

 

 

Schedule 2 - Specific terms for Owners

 

The following Sections also apply if you rent out your slip to a Renter met on the Dockage Link Portal:

General. As an Owner User, you are solely responsible for deciding who is acceptable to book your listing.  For each booking request received on your listing, you should carefully evaluate the Renter ensuring they meet your standards. You are also responsible for communicating to Renter any rules applicable to the property, lot or marina in which your slip is found.

Fees. You authorize Dockage Link to charge you for all amounts you owe to Dockage Link, including but not limited to, security deposits, processing fees, usage fees, fines/penalties, deductibles, and damages, and you furthermore represent and warrant that you have the right to make this authorization. You will be responsible for all of the costs relating to any citations and fines incurred during the rental period. Learn more about the various fees you may incur here. You are responsible for paying all fees when they come due to Dockage Link.

Information Given at Registration. When you sign up for Dockage Link, you will identify slip(s) that you want to list for rent through the Portal. You represent and warrant that each slip complies with the Eligibility Requirements. You may only use the Portal in connection with slips that you own or otherwise have all the necessary rights and permissions to rent out.

Slip Availability. Once a rental is booked, you must make the slip available or deliver the slip as expected by the Renter at the specified location. You must supply the location of the slip accurately to Dockage Link and ensure that the slip is available at that location at the beginning of the rental period.

Rental Fees. Dockage Link does not guarantee rental fee payments from Renters and does not guarantee that your electronic payment service provider or its API will perform as you intend. You remain at all times responsible to collect payments from Renters.

You will have the ability to set and revise the slip’s pricing as you choose. You may go to the Portal to trigger payment activity through the API linked to your account with your electronic payment service provider, so that you may collect payment from a Renter who rents your slip, less the applicable fees payable to Dockage Link as per above. To the extent you owe Dockage Link money for any reason, Dockage Link also reserves the right to deduct those amounts from your payment. All enquiries about timely processing of payment of rental fees owed to you may be directed at your electronic payment service provider with whom you have opened an account.

Taxes. You understand and acknowledge that appropriate governmental agencies, departments, or authorities may take the position that you owe taxes in connection with your use of our Portal. Please familiarize yourself with the applicable tax regulations and consult with your personal tax advisor.

Maintenance. You are required to regularly check your slip for any defects in its operations or safety. You promise that, at all times, your slip will be in safe and ready-to-use condition, in good structural, mechanical and electrical condition, and in full compliance with all applicable inspection and registration requirements (as applicable). You will only list slips with a clean title. You agree to respond to any applicable health, safety or similar notices and to complete any recommended action before allowing your slip to be rented. In addition, if Dockage Link believes that your slip does not conform to reasonable standards, Dockage Link will notify you and reserves the right to remove or decline listing your slip until its concerns have been resolved. Dockage Link may, but does not commit to, undertake efforts to ensure the safety of slips rented through the Portal.

Damage Exclusions. Dockage Link and its insurers are not responsible for any personal property, including any installations that are taken from your slip or damaged during a rental period. In addition, you should expect normal wear and tear on your slip, including minor scrapes and dings, in connection with your participation in the Portal. Dockage Link will not reimburse you for normal wear and tear to your slip other than as described here.

Other Legal Matters. You agree to comply with any and all applicable laws and regulations, including applicable registration and minimum insurance requirements (if any) for your slip. As part of your participation in the Portal, you must maintain your own insurance policy and meet any minimum insurance levels required by law. You also promise to maintain registration information and proof of insurance in your slip during every rental period. You agree to provide Dockage Link with information regarding your policy’s coverage as may be requested. You must inform Dockage Link promptly in the event information previously provided changes.