Dock-A-Day LLC Dockage Agreement

Updated December 2020

Please read this Dockage Agreement (this “Agreement”) carefully as it contains important information about your legal rights, remedies and obligations. This Agreement constitutes a legally binding agreement between you and Dock-A-Day LLC (dba: Dock-A-Day) governing your access to and use of the listing and/or booking features of dockaday.com and all mobile apps and social media pages related to Dock-A-Day.

Our Terms of Use, Privacy Policy and any other policies applicable to your use of dockaday.com and all mobile apps and social media pages related to Dock-A-Day are incorporated by reference into this Dockage Agreement. Capitalized terms used but not defined in this Dockage Agreement have the respective meanings given to them in the Terms. If there is a conflict between this Agreement and the Terms, this Agreement will take precedence with respect to your access to or use of dockaday.com and all mobile apps and social media pages related to Dock-A-Day, unless specified otherwise.

Dockaday.com and all mobile apps and social media pages related to Dock-A-Day are part of an online marketplace that enables registered users (“Members”) to publish private residence, marina environment, and commercial environment dock rental listings (“Listings”) on dockaday.com and the mobile apps associated with Dock-A-Day LLC and to communicate and transact directly with Members that are seeking to book such dock rentals. Members who post and offer Listings are “Dock Owners.” Members booking Listings are “Boaters.”

If you are an agent or broker acting on behalf of a Dock Owner or Boater, you represent and warrant that you have the full right, power and authority to enter into this Agreement and that in so doing you are not in violation of the terms and conditions of any contract or other agreement to which you may be a party.

Scope of Dock-A-Day LLC Services

As the provider of dockaday.com and all mobile apps and social media pages related to Dock-A-Day, Dock-A-Day LLC does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings. Dock Owners alone are responsible for their Listings. When Members make or accept a booking, they are entering into a contract directly with each other. Dock-A-Day LLC is not and does not become a party to or otherwise participate in any contractual relationship between Members, nor is Dock-A-Day a real estate broker or insurer.

While Dock-A-Day LLC may help facilitate the resolution of disputes, we have no control over and do not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings; (ii) the truth or accuracy of any Listing descriptions or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Dock-A-Day LLC does exercise their best efforts and due diligence in verifying insurance policies and bank account information of Members. Dock-A-Day LLC does not endorse any Member or Listing. You should always exercise due diligence and care when deciding whether to book a Listing, accept a booking request, or communicate and interact with other Members, whether online or in person.

Dock-A-Day LLC cannot guarantee the continuous and uninterrupted availability and accessibility of dockaday.com and all mobile apps and social media pages related to Dock-A-Day. Dock-A-Day LLC may restrict the availability of dockaday.com and all mobile apps and social media pages related to Dock-A-Day 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 dockaday.com and all mobile apps and social media pages related to Dock-A-Day. Dock-A-Day LLC may improve, enhance and modify dockaday.com and all mobile apps and social media pages related to Dock-A-Day from time to time.

For transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members; and (ii) screen Members against third party databases or other sources and request reports from service providers.

Dock-A-Day LLC Fees

Dock-A-Day LLC may charge fees to Dock Owners and Boaters (collectively, “Service Fees”) in consideration for the use of dockaday.com and all mobile apps and social media pages related to Dock-A-Day. Any applicable Service Fees (including any applicable Taxes) will be displayed to a Dock Owner or Boater prior to publishing or booking a Listing. Dock-A-Day LLC reserves the right to change the Service Fees at any time. Such fee changes will not affect any Listings or bookings made prior to the effective date of the fee change. You are responsible for paying any Service Fees that you owe to Dock-A-Day LLC. Except as otherwise provided on dockaday.com and all mobile apps and social media pages related to Dock-A-Day, Service Fees are non-refundable.

Modification of this Agreement

Dock-A-Day LLC reserves the right to modify this Agreement at any time in accordance with this provision. If we make changes to this Agreement, we will post the revised Dockage Agreement on the Dock-A-Day LLC website and update the “Last Updated” date at the top of the Agreement. If you disagree with the revised Agreement, you may terminate this Agreement under Section 7 below. If you do not terminate your Agreement before the date the revised Agreement becomes effective, your continued access to or use of dockaday.com and all mobile apps and social media pages related to Dock-A-Day will constitute acceptance of the revised Agreement.

Member Content

Dock-A-Day LLC may allow Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through dockaday.com and all mobile apps and social media pages related to Dock-A-Day (“Member Content”); and (ii) access and view Member Content and any content that Dock-A-Day LLC itself makes available on or through dockaday.com and all mobile apps and social media pages related to Dock-A-Day, including proprietary Dock-A-Day LLC content and any content licensed or authorized for use by or through Dock-A-Day LLC from a third party (“Dock-A-Day LLC Content”).

Dockaday.com and all mobile apps and social media pages related to Dock-A-Day, Dock-A-Day LLC 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 dockaday.com and all mobile apps and social media pages related to Dock-A-Day and Dock-A-Day LLC Content, including all associated intellectual property rights, are the exclusive property of Dock-A-Day LLC and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark; service mark or other proprietary rights notices incorporated in or accompanying dockaday.com and all mobile apps and social media pages related to Dock-A-Day, Dock-A-Day LLC Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Dock-A-Day LLC used on or in connection with dockaday.com and all mobile apps and social media pages related to Dock-A-Day and Dock-A-Day LLC Content are trademarks of Dock-A-Day LLC.

You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit dockaday.com and all mobile apps and social media pages related to Dock-A-Day, Dock-A-Day LLC Content, or Member Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in this Agreement. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Dock-A-Day LLC, except for the licenses and rights expressly granted in these Terms.

Dock-A-Day LLC grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to access and view any Dock-A-Day LLC and Member Content made available on or through dockaday.com and all mobile apps and social media pages related to Dock-A-Day and accessible to you, solely for your personal and non-commercial use.

By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through dockaday.com and all mobile apps and social media pages related to Dock-A-Day, you grant to Dock-A-Day LLC 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 dockaday.com and all mobile apps and social media pages related to Dock-A-Day, in any media or platform. Unless you provide specific consent, Dock-A-Day LLC does not claim any ownership rights in any Member Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use or exploit your Member Content.

You are solely responsible for all Member Content that you make available on or through dockaday.com and all mobile apps and social media pages related to Dock-A-Day. 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 dockaday.com and all mobile apps and social media pages related to Dock-A-Day or you have all rights, licenses, consents and releases that are necessary to grant to Dock-A-Day LLC the rights in and to such Member Content, as contemplated under this Agreement; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Dock-A-Day LLC’s use of the Member Content (or any portion thereof) as contemplated under this Agreement will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

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

Terms Specific to Dock Owners

When creating a Listing through dockaday.com and all mobile apps and social media pages related to Dock-A-Day you must (i) provide complete and accurate information about your Listing (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions and requirements that apply and (iii) provide any other pertinent information requested by Dock-A-Day LLC. Pictures, animations or videos used in your Listings must accurately reflect the quality and condition of your dock and related amenities. You are responsible for keeping your Listing information up-to-date at all times.

By posting a Listing, you consent to receiving automatic messages from Dock-A-Day LLC and text messages from other Members through dockaday.com and all mobile apps and social media pages related to Dock-A-Day. You understand that all text messages are through dockaday.com and all mobile apps and social media pages related to Dock-A-Day and not your personal cell phone carrier. You can opt out of receiving text messages from a specific Member by closing the relevant inquiry.

You are solely responsible for setting a price (including any taxes if applicable, or charges such as cleaning fees) for your Listing (“Listing Fee”).

Dock-A-Day LLC recommends that Dock Owners obtain appropriate insurance for their Listings. 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 to such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Boaters while renting your dock. Dock-A-Day LLC will require Members to provide verification of their applicable insurance policies for their vessels in order to book through dockaday.com and all mobile apps and social media pages related to Dock-A-Day.

Dock Owners alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings. If you have questions about how local laws apply to your Listing(s), you should always seek legal guidance. You represent and warrant that any Listing you post and the booking of, or a Boater’s rental of your Dock will (i) not breach any agreements you have entered into with any third parties, such as marinas, homeowners association, condominium, or other agreements; and (ii) comply with all applicable laws, tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Dock Owner, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at any properties related to or are otherwise present at the dock at your request or invitation, excluding the Boater and any individuals the Boater invites to the dock.

If you choose to use dockaday.com and all mobile apps and social media pages related to Dock-A-Day as a Dock Owner, your relationship with Dock-A-Day LLC is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Dock-A-Day LLC 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 Dock-A-Day LLC. Dock-A-Day LLC does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement.

Terms Specific to Boaters

You may inquire about a Listing at any time. Subject to meeting any requirements (such as completing an inquiry and verification processes and providing proof of valid insurance coverage, providing payment information, etc.) set by Dock-A-Day LLC and/or the Dock Owner, Dock-A-Day LLC will assign secure phone numbers through a third-party cloud communications provider to you and the Dock Owner through which to you may coordinate a visit to the Listing prior to making a decision on whether to book the Listing.

By submitting an inquiry about a Listing, you consent to receiving automatic messages from Dock-A-Day LLC and text messages from other Members through dockaday.com and all mobile apps and social media pages related to Dock-A-Day. You understand that all text messages are through dockaday.com and all mobile apps and social media pages related to Dock-A-Day and not your personal cell phone carrier. You can opt out of receiving text messages from a specific Member by closing the relevant inquiry.

If you choose to proceed with booking a Listing, you may do so by following the respective booking process on dockaday.com and all mobile apps and social media pages related to Dock-A-Day. All applicable fees and payment terms will be presented to you prior to booking a Listing.

Upon receipt of a booking confirmation from Dock-A-Day LLC, a legally binding agreement is formed between you and the Dock Owner, subject to any additional agreements, terms and conditions of the Dock Owner that apply, including in particular any applicable limitation of liability and/or indemnification agreements specified in the Listing.

You understand that a confirmed booking of a Listing is a limited license granted to you by the Dock Owner to enter, occupy and use the dock for the duration of your stay, during 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.

For the duration of your dockage, you are required to maintain your boat in operational condition. You warrant that you will not allow the docked boat to be neglected for the duration it is docked at the Listing.

You agree to leave the dock no later than the date mutually agreed upon between you and the Dock Owner. If you stay past the agreed upon date without the Dock Owner’s consent (“Overstay”), you no longer have a license to stay and you will be charged a pro-rated daily fee for up to 30 days until the boat is removed. If the Boater fails to remove his or her boat during the 30-day period, Boater will be charged on a month-to-month basis. 

Dock-A-Day LLC will require Members to provide verification of their applicable insurance policies for their vessels in order to book through dockaday.com and all mobile apps and social media pages related to Dock-A-Day.

Delinquent Vessel Removal

The Boater’s Vessel shall be deemed “delinquent” when (i) the Vessel remain on the Dock Owner’s property beyond the agreed time frame, or (ii) Boater has failed to pay the applicable fees as set forth in the Agreement, and/or (iii) the Boater has breached any part of this Agreement. The Boater hereby grants to Dock-A-Day LLC a lien on the Vessel, its equipment, and any personal effects for any fees or obligations payable under this Agreement, which are not paid when due, and Dock-A-Day LLC may pursue all legal, equitable, and admiralty remedies to perfect said lien and foreclose any other liens on the Vessel. The right of enforcement of the lien herein granted to Dock-A-Day LLC shall be cumulative to any and all other rights and remedies to Dock-A-Day LLC hereunder under the laws of the State of South Carolina and/or Federal General Maritime law. Dock-A-Day LLC shall have the right to collect reasonable costs and necessary disbursements and attorney’s fees incurred in enforcement of liens and removal of vessels. Upon default of any of the provisions of this contact, the Boater grants Dock-A-Day LLC the right to remove the vessel to a storage facility of our choosing at the Boater’s expense. NONPAYMENT OF FEES IN ACCORDANCE WITH THE AGREEMENT, UTILITIES CHARGED, OR OTHER CHARGES OWED SHALL AUTHORIZE DOCK-A-DAY LLC TO SELL THE VESSEL AT A NON-JUDICIAL, FOR WHICH BOATER AGREES TO BE NOTIFIED AT BOATER’S ADDRESS PROVIDED ON DOCKADAY.COM AND ALL MOBILE APPS AND SOCIAL MEDIA PAGES RELATED TO DOCK-A-DAY AND THAT SAID NOTIFICATION BY U.S. MAIL POSTAGE PREPAID SHALL SUFFICE AS NOTIFICATION FOR THIS PURPOSE. 

Booking Modifications, Cancellations and Refunds

Dock Owners and Boaters are responsible for any modifications to a booking that they make via dockaday.com and all mobile apps and social media pages related to Dock-A-Day (“Booking Modifications”), and agree to pay any additional fees and/or taxes associated with such Booking Modifications.

Dock-A-Day LLC dockage is processed on a day-to-day basis, provided that the booking is for one day or longer.

Dock Owners may end dockage rights granted to any Boater. Dock Owners may also end dockage under any of the following circumstances for dockings that have been in progress for less than one year:

● The Boater violates any term of this Agreement, the Terms, or any of the Dock-A-Day LLC policies or standards;

● The Boater is a problem customer for the Dock Owner (i.e. engages in fights, personality conflicts between the Dock Owner and Boater, performs unauthorized maintenance on the boat while docked, violates any noise restrictions, fails to maintain insurance coverage, etc.), as determined in Dock-A-Day LLC’s sole discretion based on information provided by the Dock Owner;

● The Dock Owner is selling the property at which the dock is located;

● The Dock Owner is doing construction or other work on the dock that requires the boat to be moved;

● Hurricane/weather/natural disasters pose a risk to any boats located at the dock; 

● The Dock Owner provides notice that he or she needs the dock for use with his or her personal boat or a family member of the Dock Owner needs to use the dock; or

● Any other situation that may arise that Dock-A-Day determines, in its sole discretion, warrants cancellation of dockage.

Upon cancellation of dockage by a Dock Owner or Dock-A-Day LLC, the Boater shall have one week to remove his or her boat from the dock.

In the event a Dock Owner or Dock-A-Day LLC ends dockage for any reason not listed above, Dock-A-Day LLC will make a determination as to whether the Dock Owner may maintain his/her Dock-A-Day LLC Account and continue providing dockage services on dockaday.com and all mobile apps and social media pages related to Dock-A-Day on a go-forward basis. 

In certain circumstances, Dock-A-Day LLC 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 where Dock-A-Day LLC believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Dock-A-Day LLC, other Members, third parties or property, or for any of the reasons set out in this Agreement or the Terms.

In certain circumstances, Dock-A-Day LLC may decide, in its sole discretion, that it be necessary to conduct an investigation of the status of a docking in its systems to ascertain the whereabouts of a particular vessel. This investigation can be conducted either electronically or through due diligence conducted in person, either with or without notice from the parties to the docking. Specifically, as a Dock Owner or Boater, you expressly authorize Dock-A-Day LLC to conduct aerial drone or other photographic surveillance at the physical address of a docking to assist in our investigatory efforts.

In the event that an investigation of the manner described above uncovers that either the Boater has failed to pay any applicable fees as described in this agreement, Dock-A-Day LLC reserves the right to assess a one month non-refundable penalty charge to the Boater as just compensation for its services. Furthermore, in select circumstances, Dock-A-Day LLC maintains the full right and discretion to render a decision as to whether the docking's Dock Owner assisted, encouraged, compelled, coordinated with, or in any way caused the Boater to fail to pay any applicable fees as described in this agreement. In the event Dock-A-Day LLC discovers that the Dock Owner breached any terms of this agreement, or was a willing participant to the Boater's breaching or any terms of this agreement, Dock-A-Day LLC reserves the right to withhold the corresponding payout for this one-month penalty charge.

Damage to Docks and Dispute Resolution

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 Dock Owner claims and provides evidence that you as a Boater have damaged a dock or any personal or other property at an dock (“Damage Claim”), the Dock Owner can seek payment from you through dockaday.com and all mobile apps and social media pages related to Dock-A-Day. If Dock-A-Day LLC determines in its sole discretion that you are responsible for the Damage Claim, Dock-A-Day LLC will, after the end of your stay, collect any such sums from you required to cover the Damage Claim. Dock-A-Day LLC also reserves the right to otherwise collect payment from you and pursue any remedies available to Dock-A-Day LLC in this regard in situations in which you are responsible for a Damage Claim. In addition, Dock-A-Day LLC shall have the right to collect reasonable costs and necessary disbursements and attorney’s fees incurred in collecting payments.

Members agree to cooperate with and assist Dock-A-Day LLC in good faith, and to provide Dock-A-Day LLC with such information and take such actions as may be reasonably requested by Dock-A-Day LLC, in connection with any Damage Claims or other complaints or claims made by Members relating to docks or any personal or other property located at a dock.

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 dockaday.com and all mobile apps and social media pages related to Dock-A-Day. In connection with your use of dockaday.com and all mobile apps and social media pages related to Dock-A-Day, you will not and will not assist or enable others to:

● Breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or this Agreement, our Terms, or any other Dock-A-Day LLC policies or standards;

● Use dockaday.com and all mobile apps and social media pages related to Dock-A-Day, Dock-A-Day LLC Content or Member Content for any commercial or other purposes that are not expressly permitted by this Agreement or in a manner that falsely implies Dock-A-Day LLC’s endorsement, partnership or otherwise misleads others as to your affiliation with Dock-A-Day LLC;

● Copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on dockaday.com and all mobile apps and social media pages related to Dock-A-Day in any way that is inconsistent with this Agreement, or the Terms, or that otherwise violates the privacy rights of Members or third parties;

● Use of dockaday.com and all mobile apps and social media pages related to Dock-A-Day in connection with the distribution of unsolicited commercial messages;

● Offer, as a Dock Owner, any Dock that you do not yourself own or have permission to make available through dockaday.com and all mobile apps and social media pages related to Dock-A-Day;

● Contact another Member for any purpose other than asking a question related to your own booking, or a Listing;

● Use dockaday.com and all mobile apps and social media pages related to Dock-A-Day to request, make or accept a booking independent of dockaday.com and all mobile apps and social media pages related to Dock-A-Day, to circumvent any Fees or for any other reason;

● Request, accept or make any payment for Fees outside of dockaday.com and all mobile apps and social media pages related to Dock-A-Day;

● Discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;

● Avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Dock-A-Day LLC to protect dockaday.com and all mobile apps and social media pages related to Dock-A-Day;

● Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide dockaday.com and all mobile apps and social media pages related to Dock-A-Day;

● Take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of dockaday.com and all mobile apps and social media pages related to Dock-A-Day; or

● Violate or infringe anyone else’s rights or otherwise cause harm to anyone.

You acknowledge that Dock-A-Day LLC has no obligation to monitor the access to or use of dockaday.com and all mobile apps and social media pages related to Dock-A-Day 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 dockaday.com and all mobile apps and social media pages related to Dock-A-Day (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with this Agreement; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in this Agreement. Members agree to cooperate with and assist Dock-A-Day LLC in good faith, and to provide Dock-A-Day LLC with such information and take such actions as may be reasonably requested by Dock-A-Day LLC with respect to any investigation undertaken by Dock-A-Day LLC regarding the use or abuse of dockaday.com and all mobile apps and social media pages related to Dock-A-Day.

Disclaimers

If you choose to use dockaday.com and all mobile apps and social media pages related to Dock-A-Day, you do so voluntarily and at your sole risk. Dockaday.com and all mobile apps and social media pages related to Dock-A-Day is provided “as is”, without warranty of any kind, either express or implied. Dock-A-Day LLC does not perform in-person inspections of docks or make any claims regarding any technical characteristics of the docks regarding their respective dimensions or characteristics unless specifically requested by the Dock Owner or Boater and Dock-A-Day LLC is available to make such inspections.

You agree that you have had whatever opportunity you deem necessary to investigate dockaday.com and all mobile apps and social media pages related to Dock-A-Day, laws, rules, or regulations that may be applicable to your bookings or Listings and that you are not relying upon any statement of law or fact made by Dock-A-Day LLC 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.

Dock-A-Day LLC shall not, under any circumstances, be held liable for any costs, losses, expenses or damages arising out any Member’s unauthorized use of dockaday.com and all mobile apps and social media pages related to Dock-A-Day LLC or any payments exchanged by Members outside of dockaday.com and all mobile apps and social media pages related to Dock-A-Day.

Dock-A-Day LLC shall have the right to collect reasonable costs and necessary disbursements and attorney’s fees incurred in enforcing this Agreement.

YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF DOCKADAY.COM AND ALL MOBILE APPS AND SOCIAL MEDIA PAGES RELATED TO DOCK-A-DAY REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE 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 DOCKADAY.COM AND ALL MOBILE APPS AND SOCIAL MEDIA PAGES RELATED TO DOCK-A-DAY, YOUR PUBLISHING OR BOOKING OF ANY LISTING VIA DOCKADAY.COM AND ALL MOBILE APPS AND SOCIAL MEDIA PAGES RELATED TO DOCK-A-DAY, YOUR USE OF ANY DOCK, OR ANY OTHER INTERACTION YOU HAVE WITH OTHER MEMBERS WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DOCK-A-DAY LLC AND/OR ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING DOCKADAY.COM AND ALL MOBILE APPS AND SOCIAL MEDIA PAGES RELATED TO DOCK-A-DAY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH (I) THIS AGREEMENT; (II) FROM THE USE OF OR INABILITY TO USE DOCKADAY.COM AND ALL MOBILE APPS AND SOCIAL MEDIA PAGES RELATED TO DOCK-A-DAY; (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 DOCKADAY.COM AND ALL MOBILE APPS AND SOCIAL MEDIA PAGES RELATED TO DOCK-A-DAY; OR (IV) FROM YOUR PUBLISHING OR BOOKING OF A LISTING, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DOCK-A-DAY LLC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL DOCK-A-DAY LLC’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND YOUR USE OF DOCKADAY.COM AND ALL MOBILE APPS AND SOCIAL MEDIA PAGES RELATED TO DOCK-A-DAY INCLUDING, BUT NOT LIMITED TO, FROM YOUR PUBLISHING OR BOOKING OF ANY LISTINGS VIA DOCKADAY.COM AND ALL MOBILE APPS AND SOCIAL MEDIA PAGES RELATED TO DOCK-A-DAY, OR FROM THE USE OF OR INABILITY TO USE DOCKADAY.COM AND ALL MOBILE APPS AND SOCIAL MEDIA PAGES RELATED TO DOCK-A-DAY AND IN CONNECTION WITH THE USE OF ANY DOCK, OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA DOCKADAY.COM AND ALL MOBILE APPS AND SOCIAL MEDIA PAGES RELATED TO DOCK-A-DAY AS A BOATER IN THE RENTAL PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A DOCK OWNER, THE AMOUNTS PAID BY DOCK-A-DAY TO YOU TIME 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 DOCK-A-DAY LLC 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.

Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend (at Dock-A-Day’s option), indemnify, and hold Dock-A-Day LLC and its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with (i) your breach of this Agreement, the Terms or our policies or standards, (ii) your improper use of dockaday.com and all mobile apps and social media pages related to Dock-A-Day, (iii) your interaction with any Member, or use of a dock, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction or use, or (iv) your breach of any laws, regulations or third party rights.

Feedback

You may voluntarily provide feedback, comments and suggestions for improvements to dockaday.com and all mobile apps and social media pages related to Dock-A-Day (“Feedback”) by emailing us, through the “Contact” section of dockaday.com and all mobile apps and social media pages related to Dock-A-Day, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

Applicable Law and Jurisdiction

If your country of residence or establishment is the United States, this Agreement will be interpreted in accordance with the laws of the State of South Carolina and the United States of America, without regard to conflict-of-law provisions.

General Provisions

Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, this Agreement constitutes the entire agreement between Dock-A-Day LLC and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Dock-A-Day LLC and you in relation to the access to and use of dockaday.com and all mobile apps and social media pages related to Dock-A-Day.

No joint venture, partnership, employment, or agency relationship exists between you and Dock-A-Day LLC as a result of this Agreement or your use of dockaday.com and all mobile apps and social media pages related to Dock-A-Day.

This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties.

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

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

You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Dock-A-Day LLC’s prior written consent. Dock-A-Day LLC may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion. Your right to terminate this Agreement remains unaffected.

Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by Dock-A-Day LLC via email, dockaday.com notification, or messaging service (including SMS).

If you have any questions about these Terms email us at support@dockaday.com