PLEASE READ THESE TERMS OF SERVICE CAREFULLY. INFORMATION PROVIDED BELOW WILL DICTATE HOW THIS WEBSITE OPERATES & CONTAINS INFORMATION ON YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.
Welcome to www.docks4rent.com (the “Website”), which is owned and operated by Docks4Rent, LLC (“Docks4Rent”, “us”, “we”, or “our”). We are an online platform that connects dock owners with dock renters.
Your access to and engagement on docks4rent.com is governed by these terms and conditions (the “Terms”). We reserve the right to change these Terms from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review this webpage and these Terms. Your continued use of the Website after such modifications will constitute acknowledgement and acceptance of the modified Terms.
BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE EXIT OUR WEBSITE.
Our Website is made possible by our users. You retain all rights to your content but also remain responsible for any content you generate while on our Website and remain subject to any applicable laws or regulations. As you engage our Website and interact with fellow boat owners, it is important to us that you will not make comments, write messages, post links or other information (collectively “User Content”) that:
a. is unlawful, threatening, abusive, harassing or defamatory;
b. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
c. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any person or entity;
d. impersonates any person or entity, including any our employees or representatives.
We reserve the right to remove content at our discretion that we believe violates these Terms, harms our users or is against our values and interests.
Third-Party Websites and Information
We are not responsible for the accuracy, completeness or any information contained on links appearing on our Website. No link appearing on this Website should be taken as an endorsement for any services, products or content appearing on the third-party website.
Your Intellectual Property Rights
As already mentioned, you retain intellectual property rights in your User Content. That being said, by using our Website, you also grant us a non-exclusive, perpetual, royalty-free, worldwide right to copy, distribute, display, publish, translate, adapt, modify and otherwise use User Content for any purpose whatsoever, regardless of medium.
As we respect the intellectual property rights of others, we ask you to do the same. In instances where we are notified of alleged infringing User Content, a decision may be made to remove access or disable access to such materials, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. 512(c). We may also make a good faith attempt to contact the person who submitted the affected material so that they may make a counter-notification.
If you believe that your copyright has been infringed by User Content provided on this Website, you should send notification to our DMCA notification address at firstname.lastname@example.org.
Filing a Notice of Infringing Material
To file a Notice of Infringing Material, we ask that you provide the following information:
1. Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s), etc.
2. The URL that contains the allegedly infringing material or a reasonable description of the User Content if a URL is not sufficient.
3. Your contact information so we can contact you about your DMCA notice, including your address, telephone number and email address.
4. A statement that you have a good faith belief that the allegedly infringing material is not authorized by the copyright owner, its agent or the law.
5. A statement, under the penalty of perjury, that the information in the notification is accurate and that you are either the copyright holder or authorized to act on behalf of the copyright holder.
6. Your physical or electronic signature.
Filing a Counter-Notice of Infringing Material
If material that you have posted to our Website has been removed as a result of a DMCA notification, you may file a counter-notification that contains the following information:
1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
2. A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question.
3. Your address and telephone number and email address.
4. A statement that you consent to the jurisdiction of the United States District Court for the District of New Jersey in which your address is located, and that you will accept service of process from the person who provided notification in compliance with section 512(c)(1)(c) of the DMCA, or an agent of such person.
You should send counter-notification to our DMCA counter-notification address at email@example.com.
In order to access some of the services on this Website, you may be asked to set up an account and password. Our account registration page requests certain personal information from you, including but not limited to name, address, boat license information, address, email address and birthdate (“Registration Info”). You will have the ability to maintain and periodically update your Registration Info as you see fit. By registering, you agree that all information provided by you as Registration Info is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate. Furthermore, if you register for an account on our Website, you agree that you are responsible for maintaining the security and confidentiality of your password, and that you are fully responsible for all activities that are incurred under your account. Therefore, you must take steps to ensure that others do not gain access to your password and account.
Using the Website
When using the Website, you represent and agree to the following:
1. You are at least 18 years old.
2. If you are seeking to rent a dock from a dock owner, you either own, lease or are authorized to contract for the boat to be docked. You further have all required licenses for the boat to be docked and to operate the boat.
3. If you are seeking to rent out a dock to a boat owner, you represent that you own said dock or have legal authority to lease said dock and have received all necessary approvals from any associations or government authorities to honor any rental for the full term of the agreement.
4. Boat owners and Dock renters acknowledge that Docks4Rent neither provides insurance to either boat owners or dock renters nor makes representations with respect to the availability of applicable insurance or the possession of insurance by individual dock and boat owners that may utilize this Website. Boat owners and Dock owners are solely responsible for verifying any insurance information provided by a User.
ALL CONTENT AND SERVICES ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE CONTENT ON THIS WEBSITE, INCLUDING ANY THIRD-PARTY CONTENT POSTED BY USERS, WILL BE RELIABLE, ACCURATE, UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. THIS WEBISTE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAHICAL ERRORS.
THE USE, DOWLOADING OR OTHER ACQUISITION OF ANY CONTENT THROUGH THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Limitation of Liability and Indemnification
In no event shall we or our affiliates be liable to you or any third-party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, profit loss, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of this Website or any website referenced or linked to from this Website.
You agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses, including attorneys’ fees that may arise from your use or misuse of this Website, a breach of these Terms or User Content posted on this Website. We reserve the right, at our own expenses, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Termination of Use
You agree that we may, at our sole discretion, terminate or suspend your access to all or part of this Website with or without notice and for any reason, including, without limitation, breach of these Terms.
This Website (excluding any Third-Party websites) is controlled by us from our offices in New Jersey, and the statutes and laws of New Jersey shall be controlling, without regard to the conflicts of laws principles hereof. You agree and submit to the exclusive personal jurisdiction and venue of the Superior Court of New Jersey, County of Bergen or the United States District Court for the District of New Jersey at our discretion.
If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
These Terms constitute the entire agreement and understanding between you and us regarding your use and operation of this Website. These Terms may not be altered, supplemented or amended by the user of any other documents. To the extent that anything in or associated with this Website is in conflict or inconsistent with these Terms, these Terms shall take precedence.
If you have any questions regarding these Terms, contact us at firstname.lastname@example.org.
November 26, 2019