TERMS & CONDITIONS

Updated February 1st, 2024

Acceptance of Terms of Service
Scope of Services
Eligibility, Registration, and Accessing the Application
Modification of these Terms
Third-Party Services and Content – include links
User Contributions and Termination
Service Fees and Payment
Bookings, Modifications, Cancellations and Refunds
Terms Specific to Boaters
Terms Specific to Owners
Reliance on Information and Changes
Damage and Disputes between Members
Disclaimers
Liability
Indemnification
Applicable Law and Jurisdiction
Limitation of Time to File a Claim
Feedback
General Provisions

1. Acceptance of Terms of Service

These Terms of Service (collectively, the “Terms”), constitute a legally binding agreement (“Agreement”) between you and Dockline, LLC (as defined below) and govern the access or use by you of applications, websites, content, products and services (collectively, the “Services”) made available in the United States and its territories and possessions by Dockline, LLC, a Massachusetts limited liability company, doing business as “Dockline”, and its subsidiaries and affiliates (collectively, “Dockline”, “We”, “Us”, or “Our”).

These Terms apply to all users of our Services, including individual boaters and boater representatives (collectively, “Boaters”) that use or intend to use the Services to book docks or mooring spaces listed on our mobile application and website. These Terms apply to all marinas, dock owners or persons with legal control of a dock, mooring owners or persons with legal control of a mooring, or other persons (collectively, “Owners”) who use or intend to use the Services to list and enable renting of docks and mooring spaces on our mobile application and website. Boaters and Owners are collectively referred to as “Users” or a “User” if individually.

Your access and use of the Services constitutes your agreement to be bound by these Terms and the contractual relationship established between you and Dockline by your use. If you do not agree to these Terms, you are not permitted to use or access the Services. Dockline may immediately terminate these Terms or any Services and cease offering the Services generally or specifically to you at any time. Together, all of the above elements constitute the “Dockline Platform” or the “Platform”.

The collection and use of personal information in connection with access to the Services provided and use of the Services is described in our Privacy Policy.

2. Scope of Services

The Services include a mobile technology platform and online marketplace which enables users to rent or list for rent boat docks, marina slips, moorings, and other vessel docking locations (collectively, “Spots” or individually, “Spot”). The Services allow Boaters to arrange, schedule, and manage reservations of Spots and allow Owners to list, set availability, and manage bookings of Spots (and in reference to owners, “Listings”). The Services do not include arrangement of thirdparty dockage providers or third-party logistics providers of Marinas. Unless otherwise agreed upon by Dockline, the Services are made available solely for personal, recreational, and noncommercial use.

As the provider of the Services, Dockline does not provide docking, mooring, or logistical services nor function as a dock or mooring carrier or owner. The Services may be used to schedule, request, list, and manage Spots available for use. You agree that Dockline has no responsibility or liability related to your boat docking or rental of your Spot. Dockline does not provide any guarantee regarding suitability, availability, safety of any Spots or the performance or conduct of any User or third party. You acknowledge that your use of the Services is at your own risk, at your own discretion and made using your own judgment, and Dockline shall not be held liable or be related in any way to your transactions. As the provider of the Services, Dockline does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Spots. Owners alone are responsible for managing and scheduling availability of their Listings.

3. Eligibility, Registration, and Accessing the Application

You must be at least 18 years old and able to enter into a legally binding contract in your respective jurisdiction of residence to access and use Dockline and its Services, or to register a Dockline account. By accessing or using the Services you represent and warrant that you are 18 years or older and have the legal capacity and authority to enter into a contract.

You can register a Dockline account (“Dockline Account”) using a valid e-mail address and mobile telephone number. You must register an account to access and use certain features of the Platform and any Services offered. If you are registering an account on behalf of a company 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 must provide accurate and complete information during the registration process. You may not register more than one (1) Dockline Account unless Dockline authorizes you to do so. You may not assign or transfer your Dockline Account to another person or entity

User verification consists of verifying that a User has a valid mobile device. Dockline does not assume any responsibility for the confirmation of any User’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or background of Users, (ii) screen Users against a third-party database or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a User, obtain reports from public records or criminal convictions or background checks.

Your access to the Services and the Platform may be contingent on the receipt of certain registration details or other information about your person or your Spot. It is a condition of accessing the Services and the Platform that you provide any and all information requested. You agree that any and all information provided is governed by our Privacy Policy and that you consent to any and all actions Dockline may take, with respect to your information consistent with our Privacy Policy.

Access and use of the Services may be subject to separate policies or may require that you accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions applicable to a specific feature, the latter terms and conditions will take precedence with respect to your use of that specific feature, unless otherwise specified.

Users are responsible for maintaining the confidentiality and security of their Dockline Account credentials and may not disclose their credentials to any third party. You must immediately notify Dockline if you know or have any reason to suspect that your credentials have been stolen or otherwise compromised or if you suspect or are aware of any actual or suspected unauthorized use of your Dockline Account. You are liable for any and all activities conducted through your Dockline Account, unless these activities are not authorized by you and you have not acted negligently with respect to the unauthorized activity, such as not reporting the loss of your credentials or awareness of unauthorized use of your Dockline Account.

We reserve the right to withdraw, amend, remove and alter the Services in our sole discretion and are not liable for any unavailability of any of the Services for any reason.

If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. If you access or download the Application from the Google Play Store, you agree to the Google Play Terms of Service. The geolocation services contained within the Platform utilize Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

4. Modification of these Terms

Dockline reserves the right to modify these Terms at any time in accordance with the following provisions. Any changes made to these Terms will be posted on all Dockline Platforms along with the date of the update. In the event changes to these Terms are made, you will be notified through the Platform at least thirty (30) days prior to the effective date of the revised Terms. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. Continued use of the Services or any part of the Platform after the date that the revised Terms became effective will constitute your acceptance of the revised Terms.

5. Third-Party Services and Content

Dockline may, in its sole discretion, enable Users to (i) create, upload, post, send, receive, and store content such as text, photos, and other materials and information on or through the Platform (“User Content”); and (ii) access and view User Content and any content that Dockline itself makes available within the Platform, including proprietary Dockline content, and any content Dockline may have licensed or authorized for use by or through Dockline or a third party (“Dockline Content”) and together with User Content, “Collective Content”.

The Platform and its entire contents, features, functionality, Dockline Content, User Content, information, design, images, text, and the arrangement thereof, are owned by Dockline, its licensors or other providers of such material and may in its entirety or in part, be protected by copyright, trademark and/or other laws of the United States.

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

By creating, posting, uploading, storing, sending, receiving or otherwise making any User Content available on or through the Platform, you grant Dockline a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to such User Content, to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast and otherwise exploit in any manner such User Content, to provide and/or promote the Dockline Platform, using any media or platform. Unless you provide specific consent, Dockline does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your User Content.

You are solely responsible for all User Content that you make available on or through the Platform and represent and warrant that (i) you are the sole and exclusive owner of the User Content, or that you have all rights, licenses, consents and releases necessary to grant Dockline the rights in and to such User Content as contemplated under these Terms; and (ii) neither the User Content or your uploading, posting, publication, submission or transmittal of the User Content will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral right, or other proprietary or intellectual property rights, or rights of privacy or publicity, and would not be in violation of any applicable law or regulation.

Any use not authorized by these Terms shall constitute a breach of this Agreement and may violate copyright, trademark, and other laws and your rights to use the Services and the Platform will cease immediately upon you undertaking any use not authorized by these Terms. No right, title, or interest in the Platform or any Collective Content is transferred to you, and all rights not expressly granted are hereby reserved by Dockline.

The Services may be made available or accessed in connection with a third-party service or content that Dockline does not control. You agree and acknowledge that third-party services may contain different terms of service and privacy policies that apply to your use of such third-party services and content. Dockline takes no responsibility for and does not endorse such third-party services and content and in no event shall Dockline be liable for any products or services of such third parties. Apple, Inc,. Alphabet, Inc. and Google, Inc., each will be a third-party beneficiary to this contract if you use or access the Services on mobile devices. Those third-party beneficiaries are not responsible for the support of the Services in any manner and are not parties to this contract. Your access to the Services through a mobile device is subject to the Terms set forth in the applicable third-party’s terms of service.

Users may link or share information regarding Dockline, the Services, and the Platform, provided that information is shared in a legal manner and is otherwise compliant with these Terms. Any sharing of such information must be conducted so as to not establish or suggest a form of association, approval, or endorsement on Our part, without express written consent. If you link to the Platform from any website, social media account, service, third-party application or website, such website, social media service or third-party application shall comply with the content standards, set forth in these Terms.

6. User Contributions and Termination

All User Content shall be considered User Contributions and must comply with these Terms. You agree that you will not post, upload, publish, submit, or transmit any User Content that is (i) fraudulent, false, misleading (either directly, by omission, or failure to update information) or deceptive; (ii) is libelous, obscene, pornographic, defamatory, offense of vulgar; (iii) promotes bigotry, racism, discrimination, harassment, hatred, or harm against any individual or group; (iv) promotes harmful or illegal activities; or (v) violates any Dockline policy. Dockline may, without notice, remove or disable any User Content that Dockline deems to be in violation of these Terms.

7. Service Fees and Payment

Dockline may charge fees to Boaters (“Boater Fees”) and Owners (“Owner Fees”) (collectively, “Service Fees”) in consideration for the use of the Dockline Platform. More information about when Service Fees apply and how they are calculated can be found on our website. Any applicable Service Fees (including any applicable Taxes) will be displayed to a User prior to publishing a Listing or allowing a reservation. Dockline reserves the right to change the Service Fees at any time and will provide all Users with adequate notice of any fee changes before they become effective.

Payment processing services for Boaters and Owners are provided by Stripe, Inc. (“Stripe”) and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this Agreement and the Terms and continuing to use the Services and Platform, you agree to be bound by the Stripe Services Agreement, even as it may be modified by Stripe from time to time. As with these Terms, the Stripe Services Agreement is subject to change at any time and should be reviewed regularly. Under the condition of Dockline enabling payment processing services using Stripe, you agree to provide Dockline with accurate and complete information about you, and you authorize Dockline to share all personal information and transaction information, related to your use of the payment processing services, provided by Stripe.

8. Bookings, Modifications, Cancellations and Refunds

Boaters and Owners are responsible for any modifications to an active or existing reservation, made through the Dockline Platform and agree to pay any additional listing fees, reservation fees, extension fees , as well the taxes associated with any such booking modifications.

Boaters may cancel a confirmed booking at any time. Cancellations made at least twenty-four (24) hours ahead of the reserved time will result in a cancellation fee of one half (1/2) of the total amount paid by the Boater to Dockline (“Tier 1 Cancellation Fee”). The amount refunded to a Boater after a cancellation will reach the Boater’s account in 5 to 10 business days due to timelines established by Dockline’s payments processor. Any cancellation made twenty-four (24) or fewer hours ahead of the reserved time will result in a cancellation fee of all (100%) of the total amount paid by the Boater to Dockline (“Tier 2 Cancellation Fee”). All Tier 1 and Tier 2 Cancellation Fees and any other applicable fees resulting from a cancellation will be disclosed to the Boater prior to the Boater making the cancellation. If an Owner cancels a reservation and the Boater is eligible to receive a refund, the Owner shall be responsible for payment of said refund.

9. Terms Specific to Boaters

Subject to the requirements set forth by these Terms, you may schedule, reserve, or arrange for the rental of any Spot listed by an Owner. All applicable fees (including listing fee, reservation fee, special service fee, taxes, etc.) (collectively, the “Total Fees”) will be presented to you prior to booking a Spot. You agree to pay the Total Fees for any booking requested in connection with your Dockline Account.

Upon receipt of a booking confirmation from Dockline, a legally binding agreement is formed between you and the Owner of the Spot, inclusive of any additional terms and conditions set forth by the Owner that may apply. You remain subject to the applicable cancellation policy and any rules and restrictions specified in the Listing. Dockline uses Stripe Connect to collect and distribute payment of the Total Fees at the time of booking confirmation.

If you bring additional guest(s) or person(s) to your booking, you are required to ensure all additional guest(s) or person(s) meet all requirements set forth in the Listing and are made aware of and agree(s) to these Terms and any terms and conditions, rules, or restrictions which may apply to the Listing.

10. Terms Specific to Owners

You acknowledge and agree that all information you provide to Dockline is truthful, accurate, and up to date. You agree to grant Dockline a limited, non-exclusive license to use any name, trade name, logo, symbol, word, slogan, or other identifier associated with your Listing. If you are a Marina owner, you agree to grant Dockline a limited, non-exclusive license to use any name, trade name, logo, symbol, word, slogan, or other identifier associated with your Marina.

You agree to allow Dockline to send communications and communicate on your behalf for any Spot which you have listed on the Platform. These communications will be related to any booking or inquiry related to your Listing, Spot, or Spots made through the Dockline Platform.

By providing Listing information and making a Spot available for reservation on the Platform, you agree that you are appointing Dockline as your payment agent, in connection with the transaction processed on the Platform. You agree to pay Dockline’s applicable service fee (up to 5%) for all reservations processed through the Dockline Platform, inclusive of all credit card transaction fees. You agree to all payment terms and fees described in the Terms and in your SaaS agreement (if applicable).

Dockline does not partake in and bears no responsibility for any portion of the transaction between you and the Boater, other than the introduction and the facilitation of payment. You shall honor all reservations made by a Boater through the Platform, or otherwise through Dockline’s Services. Dockline, in its sole discretion, may discontinue providing you with its Services or use of the Platform if Dockline determines that you failed to honor a confirmed reservation of any of your Listings.

You are solely responsible for reporting any taxable income realized as a result of using the Dockline Services and any reservations initiated through the Platform. You agree that We will bear no liability relating to any failure on your part to report any taxable income or to pay taxes on said income. You agree to indemnify Dockline against liability to any third party, including the Internal Revenue Service (IRS) or any state or local tax authority, arising from any failure to report and pay taxes on all taxable income earned in connection with your use of the Services or any reservation of any Listing submitted to the Platform.

You agree to follow all local, state, and federal laws, rules and regulations concerning your dock, mooring, Listing or any business associated with your Listing, as required in the jurisdiction where you are physically located. If you fail to adhere to any of the provisions set forth, Dockline, in its sole discretion, reserves the right to unilaterally suspend or terminate your Dockline Account, effective immediately.

11. Reliance on Information and Changes

The information presented through the Platform is solely for general informational purposes. Dockline does not warranty the accuracy, completeness or usefulness of this information. Any reliance by a User on any such information is strictly at their own risk. Dockline disclaims any and all liability and responsibility arising from the reliance on any information provided via the Platform. Dockline reserves the right to update, change or modify all content available through the Platform from time to time, at any given moment content within the Platform may be out of date and Dockline has no obligation to update such material.

12. Damage and Disputes between Members

As a Boater, you are responsible for leaving the Spot (including any personal or other property located at the Spot) in the same condition it was in at the time of your arrival. You are responsible for your own actions and omissions and are also responsible for the actions or omissions of any individual(s) or animal(s) whom you invite to, or otherwise provide access to, the Spot.

Claims, dispute of damage or complaints regarding the suitability of a Spot will be dealt with immediately by a Dockline administrator. Users agree to cooperate with the aforementioned Dockline administrator and to assist Dockline in good faith, and to provide any such information requested by Dockline, and take any such actions that may be reasonably requested by Dockline in furtherance of resolving a dispute. Dockline is not responsible for the satisfaction of any dispute between Users of the Platform, and Dockline reserves the right to suspend or terminate the Dockline Account of any User who is involved in a dispute.

13. Disclaimers

IF YOU CHOOSE TO USE THE DOCKLINE PLATFORM OR SERVICES, YOU DO SO VOLUNTARILY AND AT YOUR OWN RISK. THE DOCKLINE PLATFORM AND SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS, WHERE IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. DOCKLINE DISCLAIMS REPRESENTATIONS AND WARRANTIES, EXPREES, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE PLATFORM MAY CONTAIN MAPPING FUNCTIONALITY – THOSE FUNCTIONS ARE NOT DESIGNED OR INTENDED TO BE USED FOR OR RELIED UPON FOR NAVIGATION OF ANY VESSEL IN ANY WAY.

YOU AGREE YOU HAVE HAD WHATEVER OPPORTUNITY YOU DEEM NECESSARY TO INVESTIGATE DOCKLINE, THE SERVICES, AND THE PLATFORM AND ANY LAWS, RULES, OR REGULATIONS THAT MAY BE APPLICABLE TO LISTING OR RENTING OF ANY SPOT AND THAT YOU ARE NOT RELYING UPON ANY SATEMENT OF LAW OR FACT MADE BY DOCKLINE RELATING TO A LISTING OR A SPOT.

YOU AGREE THAT USING THE SERVICES MAY COME WITH INHERENT RISK, AND BY PARTICIPATING IN THOSE SERVICES AND USING THE PLATFORM YOU CHOOSE TO ASSUME THOSE RISKS VOLUNTARILY.

THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW

14. Liability

DOCKLINE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, BODILY INJURY, PERSONAL INJURY, PERSONAL PROPERTY DAMAGE, OR EMOTIONAL DISTRESS ARISING OUT OF, OR IN CONNECTION WITH (I) THESE TERMS, (II) THE USE OF OR INABILITY TO USE THE DOCKLINE PLATFORM, OR (III) ANY COMMUNICATIONS, MEETINGS OR OTHER INTERACTIONS WITH OTHER USERS.

DOCKLINE SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES, LOSSES, OR LIABILITIES ARISING OUT OF (I) YOUR USE OR RELIANCE ON THE PLATFORM, OR (II) ANY TRANSACTION BETWEEN BOATERS AND OWNERS, EVEN IF DOCKLINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR LIABILITIES. DOCKLINE WILL NOT BE LIABLE OR RESPONSIBLE FOR THE DELAY OR FAILURE OF ANY USER TO PERFORM THEIR OBLIGATION UNDER THESE TERMS. IN NO EVENT SHALL DOCKLINE’S TOTAL LIABILITY TO YOU, IN CONNECTION WITH THE SERVICES OR YOUR USE OF THE PLATFORM, BE GREATER THAN THE TOTAL OF FEES PAID TO OR RECEIVED BY DOCKLINE FOR THE SPECIFIC, DATE-CERTAIN DOCK OR MOORING RENTAL IN QUESTION.

15. Indemnification

You agree to release, defend, indemnify and hold Dockline and its affiliates and subsidiaries, and Dockline’s and their officers, directors, employees and agents, contractors, suppliers, attorneys, licensors, and successors and assigns, harmless from and against any claims, liabilities, damages, losses, judgments, awards, and expenses, including without limitation, reasonable legal, expert and accounting fees, arising out of or in any way connected with your breach of these Terms or any other violation or improper use of the Platform, including but not limited to (i) your use of the Services, (ii) Dockline’s use of any Collective Content, or (iii) your violation of the rights of any third party.

16. Applicable Law and Jurisdiction

All matters or disputes arising from or relating to Dockline, the Platform, the Services and these Terms (including non-contractual claims or disputes), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts and the United States of America, without regard to any choice-of-law or conflict-of-law provisions.

Any legal suit, proceeding, or action arising out of, or related to, Dockline, these Terms, or the Platform shall be instituted exclusively in the federal district court in Boston, Massachusetts, unless either (A) all parties agree to some other venue, or (B) the federal district court in Boston does not have subject-matter jurisdiction over the matter, in which event the exclusive forum shall be the Worcester County Superior Court in Worcester, Massachusetts, which is the situs of Dockline’s principal office. By using the Platform and Services you waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

If any provision of these Terms is held by a court or other body of competent jurisdiction to be unenforceable, invalid, or illegal for any reason, such provision shall be either eliminated in its entirety or limited to the extent such that the remaining provisions of the Terms will remain in full force and effect.

17. Limitation of Time to File a Claim

Any action, claim or cause of action that you may have relating to Dockline, these Terms, or the Platform, must be commenced within one (1) year after the date on which the cause of the action arises, otherwise such claim is permanently barred.

18. Feedback

Dockline welcomes and encourages User feedback, suggestions, comments, and ideas for improvements to the Platform. You may submit such feedback by e-mailing us through the address provided on the contact page of our website.

19. General Provisions

Except as may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Dockline and you and supersede all prior and contemporaneous understandings, agreements, representation and warranty unless expressly stated otherwise within these Terms.