Terms Of Services
Last updated February 06, 2024
AGREEMENT TO OUR LEGAL TERMS
Please review these Terms of Service (“Terms” or “Agreement”) carefully, as they outline important information regarding your rights and obligations when using RentADock’s services. By accessing or using the RentADock Platform, as defined below, you agree to abide by these Terms.
This Agreement constitutes a legally binding contract between you and RentADock governing your use of the RentADock website (www.raddocks.com), including any subdomains, and any other websites through which RentADock provides its services (collectively, the “Site”), our mobile applications, and all associated services (collectively, the “RentADock Platform”). The Site, applications, and associated services are collectively referred to as the “RentADock Platform”. Our policies and other agreements applicable to your use of the RentADock Platform are hereby incorporated by reference into this Agreement.
References to “RentADock,” “the Company,” “we,” “us,” or “our” in this Agreement refer to RentADock, Inc.
These Terms apply to all individuals using the RentADock Platform, and references to “you” and “your” herein refer to any person accessing or using the RentADock Platform.
Your access to and use of the RentADock Platform are subject to your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the RentADock Platform. By accessing or using the RentADock Platform, you expressly agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not access or use the RentADock Platform.
Your access to and use of the RentADock Platform are also subject to your acceptance of and compliance with RentADock’s Privacy Policy. Our Privacy Policy outlines our practices regarding the collection, use, and disclosure of your personal information when you use the RentADock Platform and explains your privacy rights and legal protections. Please carefully review our Privacy Policy before using our RentADock Platform.
General Provisions
Except as may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Terms constitute the entire Agreement between RentADock and you regarding the subject matter herein and supersede any prior oral or written agreements between RentADock and you concerning access to and use of the RentADock Platform.
No joint venture, partnership, employment, or agency relationship is created between you and RentADock as a result of this Agreement or your use of the RentADock Platform.
These Terms do not intend to confer any rights or remedies upon any person other than the parties involved.
If any provision of these Terms is deemed invalid or unenforceable, that provision will be removed without affecting the validity and enforceability of the remaining provisions.
RentADock’s failure to enforce any right or provision in these Terms does not constitute a waiver of such right or provision unless explicitly acknowledged and agreed to by RentADock in writing. Unless expressly stated in these Terms, either party’s exercise of its remedies under these Terms will not prejudice its other remedies under these Terms or as permitted by law.
You may not assign, transfer, or delegate this Agreement and your rights and obligations herein without RentADock’s prior written consent. RentADock reserves the right to assign, transfer, or delegate this Agreement and any associated rights and obligations at its sole discretion, with 30 days’ prior notice. Your right to terminate this Agreement at any time remains unaffected.
Unless otherwise specified, any notices or communications to Members permitted or required under this Agreement will be provided electronically by RentADock via email, RentADock Platform notification, or messaging through the RentADock Platform.
By creating an account with us, you become a “Member” and agree to provide accurate, complete, and current information at all times. Failure to do so constitutes a breach of the Terms, which may lead to the immediate termination of your account on our RentADock Platform.
Account Registration
To access and utilize certain features of the RentADock Platform, such as publishing or booking a Listing, you must register an account (“RentADock Account”). If you are registering a RentADock Account for a business, organization, or other legal entity, you confirm that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
You can register a RentADock Account using an email address and creating a password.
During the registration process, you must provide accurate, current, and complete information, and ensure that your RentADock Account and public RentADock Account profile page information remain up-to-date at all times.
You may not register more than one (1) RentADock Account unless explicitly authorized by RentADock in writing. Furthermore, you may not assign or transfer your RentADock Account to another party without RentADock’s written authorization.
You are responsible for maintaining the confidentiality and security of your RentADock Account credentials and must not disclose your credentials to any third party. You are liable for all activities conducted through your RentADock Account.
Your username must not infringe upon the rights of another person or entity, be unlawfully available for use, or be offensive, vulgar, or obscene.
Terms Applicable to all Members
Our collection and use of personal information in connection with your access to and use of the RentADock Platform is outlined in our Privacy Policy, which is incorporated herein.
Any payment processing services provided to you through or in connection with your use of the RentADock Platform (“Payment Services”) are offered by one or more RentADock Payments entities (individually and collectively referred to as “RentADock Payments”), as specified in the Payment Terms (“Payment Terms”).
Dock Owners are solely responsible for identifying, understanding, and complying with all applicable laws, rules, and regulations concerning their Listings and Dock Owner Services (as defined below). This includes regulations that may restrict their ability to accommodate paying Boaters for short periods or offer certain Dock Owner Services. Dock Owners may need to obtain licenses, permits, or registrations before providing certain Dock Owner Services, and they are responsible for identifying and obtaining any required authorizations. Certain Dock Owner Services may be prohibited altogether, and penalties for non-compliance may include fines or other enforcement actions. If you have inquiries about how local laws affect your Listings and Dock Owner Services on RentADock, it is recommended to seek legal guidance.
RentADock, Inc. assumes no responsibility or obligation regarding dock owner compliance.
Scope of Service
The RentADock Platform functions as an online marketplace connecting users who own or have rights to dock space with users who own boats and seek to utilize available dock space. All individuals registered on the RentADock Platform are referred to as “Members.” Members offering dock space are termed “Dock Owners,” and the services they offer on the RentADock Platform are labeled as “Dock Owner Services.” Listings of Dock Owner Services on the RentADock Platform are referred to as “Listings,” while Members utilizing Dock Owner Services are termed “Boaters.”
As the provider of the RentADock Platform, RentADock does not possess, create, sell, resell, control, manage, offer, deliver, or supply any Listings or Dock Owner Services. Dock Owners are solely responsible for their Listings and Dock Owner Services. When Members make or accept a booking, they are entering into a contract directly with each other. RentADock is not involved in or party to any contractual relationship between Members and does not act as a broker or insurer. RentADock does not serve as an agent for any Member.
RentADock does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Dock Owner Services, (ii) the accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content, or (iii) the performance or conduct of any Member or third party. RentADock does not endorse any Member, Listing, or Dock Owner Services. References to a Member being “verified” solely indicate completion of a relevant verification or identification process and do not imply endorsement, certification, or guarantee by RentADock regarding the Member’s trustworthiness or suitability. Members are advised to exercise diligence and caution when deciding to use or provide Dock Owner Services and when interacting with other Members.
If you choose to utilize the RentADock Platform as a Dock Owner, your relationship with RentADock is that of an independent, third-party contractor, and not an employee, agent, joint venturer, or partner of RentADock. You act exclusively on your own behalf and for your own benefit, and RentADock does not direct or control your activities under these Terms, including provision of Dock Owner Services. You have full discretion regarding listing Dock Owner Services or engaging in other business activities.
Due to the inherent nature of the Internet, RentADock cannot guarantee continuous and uninterrupted availability and accessibility of the RentADock Platform. RentADock may restrict availability of the RentADock Platform or certain features thereof as necessary for capacity limits, server security, or maintenance. RentADock reserves the right to improve, enhance, modify, or introduce new RentADock Platform features.
Listings and other Member Content may be displayed on external websites, applications, emails, and advertisements to promote the RentADock Platform and increase exposure to potential Boaters.
The RentADock Platform may include links to third-party websites, resources, or services that are not owned or controlled by RentADock (“Third-Party Platforms”). These Third-Party Platforms are governed by their own terms and conditions and privacy practices, which may differ from those of RentADock. RentADock is not responsible for the availability or accuracy of Third-Party Platforms, nor for the content, products, or services available through these platforms. RentADock does not have control over the content, privacy policies, or practices of third-party websites or services. You acknowledge and agree that RentADock is not liable for any damage or loss arising from or in connection with your use of or reliance on content, goods, or services available through Third-Party Platforms. The inclusion of links to Third-Party Platforms on the RentADock Platform does not constitute an endorsement by RentADock of those platforms.
Eligibility, Using the RentADock Platform, Member Verification
To access and utilize the RentADock Platform or register a RentADock Account, you must be an individual at least 18 years old or a validly existing business, organization, or legal entity in good standing under the laws of your jurisdiction and capable of entering into legally binding contracts.
You agree to comply with any applicable export control laws in your local jurisdiction. Additionally, you represent and warrant that (i) neither you nor your Dock Owner Service(s) are located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country by the U.S. Government, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
RentADock may impose conditions or requirements for accessing and using the RentADock Platform or specific areas or features thereof. These may include completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or having a favorable booking and cancellation history.
User verification on the Internet is challenging, and RentADock does not take responsibility for confirming any Member’s identity. However, for transparency and fraud prevention purposes and as permitted by applicable laws, RentADock may (i) request Members to provide government identification or other information to verify their identities or backgrounds, (ii) screen Members against third-party databases or sources, and (iii) obtain reports from public records of criminal convictions or sex offender registrations or equivalent background checks in your jurisdiction (if available).
Certain areas and features of the RentADock Platform may be subject to separate policies, standards, or guidelines, or may require acceptance of additional terms and conditions. In case of conflict between these Terms and the terms applicable to a specific area or feature, the latter will prevail regarding your access to or use of that area or feature, unless stated otherwise in those terms.
Modification of these Terms
RentADock reserves the right to modify these Terms at any time in accordance with this provision. If changes are made to these Terms, we will post the revised Terms on the RentADock Platform and update the “Last Updated” date at the top of these Terms. You are encouraged to periodically review these Terms for any updates. Changes to these Terms become effective as of the date they are posted on this page.
Content and Intellectual Property
At RentADock’s discretion, Members may be enabled to create, upload, post, send, receive, and store content (referred to as “Member Content”) on or through the RentADock Platform. Members may also access and view Member Content as well as any content provided by RentADock itself on the RentADock Platform, including proprietary RentADock content and content licensed from third parties.
The RentADock Platform, RentADock Content, and Member Content may be protected by copyright, trademark, and other laws. Members acknowledge that the RentADock Platform and RentADock Content, along with associated intellectual property rights, belong exclusively to RentADock and/or its licensors or authorizing third parties. Members agree not to remove, alter, or obscure any copyright, trademark, RentADock Platform mark, or other proprietary rights notices accompanying the RentADock Platform, RentADock Content, or Member Content. All trademarks, RentADock Platform marks, logos, trade names, and other identifiers used in connection with the RentADock Platform and RentADock Content are the property of RentADock in the United States and abroad. Trademarks, RentADock Platform marks, logos, trade names, and other designations of third parties used with the RentADock Platform, RentADock Content, and/or Collective Content are for identification purposes only and may be the property of their respective owners.
Members agree not to use, copy, adapt, modify, create derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the RentADock Platform or Collective Content, except to the extent legally owning certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to Members implicitly or otherwise under any intellectual property rights owned or controlled by RentADock or its licensors, except for those expressly granted in these Terms.
Subject to Members’ compliance with these Terms, RentADock grants a limited, exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on personal device(s), and (ii) access and view any Collective Content available on or through the RentADock Platform and accessible to Members, solely for their limited use.
By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the RentADock Platform, Members grant RentADock a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sublicensable, and transferable license to such Member Content. RentADock may access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit Member Content to provide and promote the RentADock Platform in any media or platform. RentADock may use Member Content in compliance with applicable data protection laws and its Privacy Policy. RentADock does not claim ownership rights in Member Content unless specifically consented to by Members.
Members are responsible for all Member Content made available on or through the RentADock Platform. Members represent and warrant that they own all Member Content made available on or through the RentADock Platform, or have the necessary rights, licenses, consents, and releases to grant RentADock the rights to such Member Content as outlined in these Terms. Members also warrant that their Member Content and its use as contemplated under these Terms will not infringe upon any third party’s intellectual property rights or violate any applicable laws.
Members agree not to post, upload, publish, submit, or transmit any Member Content that is fraudulent, false, misleading, defamatory, libelous, obscene, pornographic, vulgar, offensive, discriminatory, or promotes illegal or harmful activities. RentADock reserves the right to remove or disable access to any Member Content that violates applicable law, these Terms, or RentADock’s policies, standards, or Content Policy.
RentADock respects copyright law and expects its Members to do the same. If Members believe any content on the RentADock Platform infringes their copyrights, they should notify RentADock following its Copyright Policy.
While regular backups of Member Content are conducted, RentADock cannot guarantee the absence of data loss or corruption. Corrupted or invalid backup points may occur due to various factors, including but not limited to Member Content corruption before backup or changes during the backup process.
RentADock will offer support and make efforts to troubleshoot any known or discovered issues affecting the backups of Member Content. However, you acknowledge that RentADock holds no liability regarding the integrity of Member Content or the successful restoration of Member Content to a usable state.
You agree that it is your responsibility to create and maintain records of your Member Content as deemed necessary.
RentADock Platform Fees
RentADock may impose fees on Dock Owners (“Dock Owner Fees”) and/or Boaters (“Boater Fees”) (together referred to as “RentADock Platform Fees”) for utilizing the RentADock Platform. Additional details regarding the instances when RentADock Platform Fees are applicable and how they are calculated can be found on our RentADock Platform Fees page.
Any applicable RentADock Platform Fees (inclusive of any relevant taxes) will be clearly indicated to Dock Owners or Boaters prior to publishing or booking a Listing. RentADock reserves the right to adjust the RentADock Platform Fees at its discretion. However, such modifications will not impact any bookings made prior to the effective date of the fee adjustment.
It is your responsibility to settle any RentADock Platform Fees owed to RentADock. The applicable RentADock Platform Fees (including any applicable taxes) are managed by RentADock Payments. RentADock Payments will subtract any Dock Owner Fees from the Listing Fee before transferring the payout to the Dock Owner. Any Boater Fees are incorporated within the Total Fees collected by RentADock Payments. Unless stated otherwise on the RentADock Platform, RentADock Platform Fees are non-refundable.
Terms Specific to Dock Owners
Terms Applicable to All Dock Owner Listings
When listing your dock space through the RentADock Platform, you must: (i) provide accurate and comprehensive information regarding your “Dock Owner Service” (including description, location, and availability), (ii) disclose any limitations, restrictions, or requirements, and (iii) furnish any other relevant details requested by RentADock. It is your responsibility to maintain up-to-date information about your Listing (including availability) at all times.
You are solely responsible for determining a price (including any applicable taxes) for your Listing (“Listing Fee”). Once a Boater requests a booking for your Listing, you cannot request a higher price than indicated in the booking request.
Any terms and conditions outlined in your Listing, particularly regarding cancellations, must not contradict these Terms or the applicable cancellation policy for your Listing.
The Images used in your Listings must accurately represent the quality and condition of your Dock Owner Services. RentADock reserves the right to mandate a minimum number of Images of specific format, size, and resolution for Listings.
The positioning and ranking of Listings in search results on the RentADock Platform may vary based on various factors such as Boater search criteria, Dock Owner preferences, price and availability, number and quality of Images, RentADock Platform usage history, Reviews and Ratings, type of Dock Owner Service, and booking convenience.
By accepting or pre-approving a booking request from a Boater, you enter into a legally binding agreement with the Boater and are obligated to provide your Dock Owner Service(s) as described in your Listing at the time of the booking request. Additionally, you agree to pay the applicable Dock Owner Fee and any associated taxes.
RentADock recommends that Dock Owners obtain suitable insurance for their Dock Owner Services. It is essential to carefully review the insurance policy, particularly to understand any exclusions and deductibles, including coverage for the actions or inactions of Boaters (and any booked individuals, if applicable).
Listing Dock Owner Services
Unless explicitly permitted by RentADock in writing, you may not list more than one Dock per Listing.
You affirm and guarantee that any Listing you create and any Boater’s booking or use of a Dock will: (i) not violate any agreements you have with third parties, such as homeowners associations, marinas, condominiums, or other contracts, and (ii) adhere to all applicable laws (including zoning laws), tax obligations, and other regulations (including obtaining all necessary permits, licenses, and registrations). As a Dock Owner, you are accountable for your actions and omissions, as well as those of any individuals present at the Dock at your request or invitation, excluding the Boater and any individuals invited by the Boater to the Dock.
Terms Specific to Boaters
Terms Applicable to All Boaters’ Bookings
Upon meeting any requirements (such as completing verification processes) established by RentADock and/or the Dock Owner, you can proceed to book a Listing available on the RentADock Platform by following the respective booking procedure. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Boater Fee, and any relevant taxes (collectively referred to as “Total Fees”), will be clearly presented to you before confirming a booking. By using your RentADock Account, you agree to pay the Total Fees for any booking made in connection with your account.
Upon receiving a booking confirmation from RentADock, a legally binding agreement is established between you and the Dock Owner, subject to any additional terms and conditions specified by the Dock Owner, including the applicable cancellation policy and any regulations outlined in the Listing. RentADock Payments will collect the Total Fees either at the time of the booking request or upon confirmation by the Dock Owner, in accordance with the Payments Terms.
If you make a booking for a Dock Owner Service on behalf of yourself and others in your group, you are responsible for ensuring that each additional Boater meets the requirements set by the Dock Owner and agrees to abide by these Terms and any terms, conditions, rules, and restrictions established by the Dock Owner. If you are booking for a minor Boater, you warrant that you are legally authorized to act on behalf of the minor. Minors may participate in a Dock Owner Service only if accompanied by a responsible adult.
Damage to Docks, Disputes between Members
As a Boater, it is your responsibility to ensure that the Dock (including any personal or other property at the Dock) remains in the same condition as when you arrived. You are accountable for your actions and omissions, as well as those of any individuals you invite to or grant access to the Dock, excluding the Dock Owner (and any individuals the Dock Owner invites to the Dock, if applicable).
In the event that a Member alleges and presents evidence that another Member has caused damage to their personal or other property, the affected Member may request compensation directly from the responsible party for any such damages.
Booking Docks
By booking a Dock (“Dock Booking”), you acknowledge that you are granted a limited, exclusive license by the Dock Owner to access, occupy, and utilize the Dock for the duration of your stay. During this period, the Dock Owner retains the right (only where and to the extent permitted by applicable law) to re-enter the Dock, as outlined in your agreement with the Dock Owner.
You agree to vacate the Dock no later than the specified checkout time provided by the Dock Owner in the Listing or any other mutually agreed-upon time between you and the Dock Owner. In the event of an unauthorized extension of your stay (“Overstay”), you forfeit your license to remain on the Dock, and the Dock Owner has the right to request your departure in accordance with applicable law. Furthermore, you agree to compensate the Dock Owner, upon request, for each hour (or fraction thereof) of Overstay at a rate of up to two (2) times the average hourly Listing Fee initially paid by you. This compensation covers the inconvenience experienced by the Dock Owner, in addition to all applicable Boater Fees, Taxes, and any legal expenses incurred by the Dock Owner to facilitate your departure (referred to collectively as “Overstay Fees”). Overstay Fees may be limited to the additional costs incurred by the Dock Owner for late checkouts on the checkout date that do not affect upcoming bookings. By Overstaying at a Dock, you authorize RentADock (via RentADock Payments) to charge you for the collection of Overstay Fees.
Booking Modifications, Cancellations, and Refunds, Resolution Center
All Members, including Dock Owners and Boaters, are responsible for any modifications to a booking made through the RentADock Platform or directed by RentADock customer support (“Booking Modifications”). Members agree to pay any additional Listing Fees, Dock Owner Fees, Boater Fees, and/or Taxes associated with such Booking Modifications.
Boaters can cancel a confirmed booking at any time according to the Listing’s cancellation policy set by the Dock Owner. RentADock Payments will refund the Total Fees due to the Boater in line with the specified cancellation policy. Unless there are extenuating circumstances, any portion of the Total Fees due to the Dock Owner under the applicable cancellation policy will be remitted to the Dock Owner by RentADock Payments as per the Payments Terms.
In the event a Dock Owner cancels a confirmed booking, the Boater will receive a full refund of the Total Fees for that booking. In some cases, RentADock may permit the Boater to apply the refund to a new booking, and RentADock Payments will credit the amount towards the Boater’s subsequent booking upon the Boater’s request. Additionally, RentADock may publish an automated review on the cancelled Listing to indicate the cancellation. Moreover, RentADock may (i) block the calendar for the Listing on the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the Dock Owner has a valid reason for the cancellation as per RentADock’s policy or has legitimate concerns about the Boater’s conduct.
Under certain circumstances, RentADock may, at its sole discretion, decide to cancel a pending or confirmed booking and initiate corresponding refunds and payouts. This decision may be based on RentADock’s policy or if RentADock believes, in good faith and considering the legitimate interests of both parties, that it is necessary to prevent significant harm to RentADock or other parties.
If a Boater or RentADock cancels a confirmed booking and the Boater receives a refund in accordance with RentADock’s policy or the Dock Owner’s specified cancellation policy, after the Dock Owner has already been paid, RentADock reserves the right to recover the refunded amount from the Dock Owner, including deducting it from any future Payouts owed to the Dock Owner.
Ratings and Reviews
Upon completing a booking, both Boaters and Dock Owners on RentADock have the opportunity to share their experiences through public reviews (“Reviews”) and star ratings (“Ratings”) within a designated timeframe. It’s important to understand that these Reviews and Ratings reflect individual perspectives and do not necessarily represent RentADock’s viewpoints. Additionally, RentADock does not verify the accuracy of Reviews and Ratings, which could be misleading or incorrect.
All Reviews and Ratings must be genuine and respectful, avoiding any offensive or defamatory language. RentADock reserves the right to review and remove any Reviews or Ratings that violate these guidelines.
Members are strictly prohibited from manipulating the Ratings and Reviews system, including soliciting or influencing others to leave biased Reviews about another Member.
Reviews and Ratings contribute to a Member’s public profile and may be displayed on various areas of the RentADock platform, such as the Listing page, alongside other relevant details like booking history and response times.
For any inquiries or appeals regarding Reviews and Ratings, please contact: info@raddocks.com.
Taxes
As a RentADock Dock Owner, you bear the sole responsibility for understanding and fulfilling your tax obligations, including reporting, collecting, remitting, or incorporating any applicable VAT or other indirect sales taxes, occupancy tax, tourist or visitor taxes, or income taxes (“Taxes”) into your Listing Fees.
Tax regulations may necessitate RentADock to collect relevant tax information from Dock Owners or withhold taxes from payouts to Dock Owners, or both. Failure by a Dock Owner to provide the required documentation under applicable law (e.g., a tax number) that RentADock deems sufficient to exempt us from withholding taxes from payouts may result in RentADock withholding payouts up to the tax-relevant amount as mandated by law, pending resolution.
You acknowledge that any Tax Authority in the jurisdiction where your Dock is situated may mandate the collection of Taxes from Boaters or Dock Owners on Listing Fees and their remittance to the respective Tax Authority. These Taxes, known by various names such as “transient occupancy taxes,” “hotel taxes,” “lodging taxes,” “city taxes,” “room taxes,” or “tourist taxes,” may be required to be collected and remitted based on a percentage of the Listing Fees set by Dock Owners, a predetermined daily amount, or other variations.
Prohibited Activities
As a user of the raddocks.com platform, you are accountable for adhering to all applicable laws, regulations, and tax requirements pertinent to your utilization of the platform. You agree not to engage in, or assist others in engaging in, the following activities:
Breach or circumvent any applicable laws or regulations, agreements with third parties, third-party rights, or the terms, policies, or standards of raddocks.com.
Utilize the raddocks.com platform for any commercial or non-approved purposes that could mislead others regarding your affiliation with raddocks.com.
Access or use any information, including personally identifiable information about any other Member, in a manner inconsistent with raddocks.com’s Privacy Policy or these Terms, or in violation of the privacy rights of Members or third parties.
Distribute unsolicited commercial messages (“spam”) through the raddocks.com platform.
Offer any dock that you do not own or have permission to make available through the raddocks.com platform.
Book a listing on behalf of another individual unless explicitly permitted by raddocks.com.
Contact another Member for purposes other than related to your own booking, listing, or the Member’s use of the raddocks.com platform without prior written approval from raddocks.com.
Conduct any transaction or booking outside of the raddocks.com platform to circumvent any platform fees.
Discriminate against or harass anyone based on protected characteristics, or engage in any violent, harmful, abusive, or disruptive behavior.
Misuse or abuse any listings or raddocks.com platforms as determined by raddocks.com in its sole discretion.
Use or display any raddocks.com trademarks, logos, or proprietary information without express written consent from raddocks.com.
Dilute, tarnish, or otherwise harm the raddocks.com brand in any manner, including using derivative terms in domain names or trademarks.
Use any automated means or processes to access or interact with the raddocks.com platform without authorization.
Attempt to circumvent any technological measures implemented by raddocks.com to protect the platform.
Attempt to reverse engineer or decipher any software used to provide the raddocks.com platform.
Take any action that damages or adversely affects the performance or functioning of the raddocks.com platform.
Export, re-export, import, or transfer the application except as authorized by law.
Violate or infringe on anyone else’s rights or cause harm to anyone.
You acknowledge that raddocks.com has the right to monitor access to and use of the platform, and may review, disable access to, or edit any Member Content for various reasons, including to operate, secure, and improve the platform, ensure compliance with these Terms, or respond to harmful or objectionable content. Members agree to cooperate with raddocks.com in good faith regarding any investigations related to platform use or abuse.
If you encounter any inappropriate behavior from another Member, you should report it to the appropriate authorities and then to raddocks.com. While raddocks.com will review such reports, it is not obligated to take any action beyond what is required by law.
Term and Termination, Suspension, and Other Measures
This agreement will remain in effect for a 30-day period and will automatically renew for subsequent 30-day terms unless terminated by either party as described below.
You have the option to terminate this agreement at any time by sending an email to info@raddocks.com with the subject line “Termination of Agreement.” If you cancel your RentADock account as a Dock Owner, any confirmed bookings will be canceled, and pending rentals will be fully refunded to the respective Boaters. If you cancel your RentADock account as a Boater, any confirmed bookings will be automatically canceled, and refunds will be subject to the terms of the listing’s cancellation policy.
RentADock may terminate this agreement and/or suspend access to the RentADock platform by providing 30 days’ notice via email to the address registered with your RentADock account.
RentADock may immediately terminate this agreement and/or suspend access to the RentADock platform without notice if: (i) you materially breach your obligations under these terms, the payments terms, or RentADock policies; (ii) you violate applicable laws, regulations, or third-party rights; or (iii) RentADock believes in good faith that such action is necessary to protect the personal safety or property of RentADock, its members, or third parties.
RentADock may take various measures if: (i) required by applicable law or court order, or if (ii) you breach these terms, the payments terms, RentADock policies, or applicable laws; or (iii) provide inaccurate, fraudulent, outdated, or incomplete information during registration or listing processes; or (iv) fail to meet applicable quality or eligibility criteria; or (v) receive poor ratings or reviews repeatedly; or (vi) repeatedly cancel confirmed bookings or fail to respond to booking requests without a valid reason; or (vii) to protect personal safety or property, or prevent fraud or illegal activity:
Refuse, delete, or delay any listings, ratings, reviews, or other member content.
Cancel pending or confirmed bookings.
Limit access to or use of the RentADock platform.
Temporarily or permanently revoke special status associated with your RentADock account.
Temporarily suspend or permanently suspend your RentADock account and stop providing access to the RentADock platform.
In case of non-material breaches, you will be notified of any intended measures by RentADock and given an opportunity to resolve the issue.
If any measures are taken, you will not be entitled to compensation for pending or confirmed bookings that were canceled.
Upon termination of this agreement, you are not entitled to restore your RentADock account or any member content. If access to the RentADock platform has been limited, your RentADock account suspended, or this agreement terminated, you may not register a new RentADock account or access the RentADock platform through another member’s account.
Disclaimers
The RentADock Platform is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, RentADock, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, RentADock provides no warranty or undertaking, and makes no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither RentADock nor any of the company’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the RentADock Platform, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or emails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, time bombs, or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
If you choose to use the RentADock Platform, you do so voluntarily and at your sole risk.
You agree that you have had whatever opportunity you deem necessary to investigate the RentADock Platform, laws, rules, or regulations that may be applicable to your Listings and/or Dock Owner Services you are receiving and that you are not relying upon any statement of law or fact made by RentADock relating to a Listing.
If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
You agree that some Dock Owner Services or Docks may carry inherent risk, and by using such RentADock Platforms or docks, you choose to assume those risks voluntarily. For example, some Dock Owner Services may carry the risk of bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Dock Owner Services. You assume full responsibility for the choices you make before, during, and after your use of a Dock. If you are bringing a minor as an additional Boater, you are solely responsible for the supervision of that minor throughout the duration of your Dock Owner Service and to the maximum extent permitted by law, you agree to release and hold harmless RentADock from all liabilities and claims that arise in any way from any injury, death, loss, or harm that occurs to that minor during the Dock Owner Service or in any way related to your Dock Owner Service.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the RentADock Platform, your publishing or booking of any Listing via the RentADock Platform, your stay at any Dock, or use of any other Dock Owner Service, or any other interaction you have with other Members whether in person or online remains with you. Neither RentADock nor any other party involved in creating, producing, or delivering the RentADock Platform will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data, or loss of goodwill, RentADock Platform interruption, computer damage, or system failure or the cost of substitute products or RentADock Platforms, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the RentADock Platform, (iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, or meet with as a result of your use of the RentADock Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Dock Owner Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not RentADock has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Dock Owners pursuant to these Terms, in no event will RentADock’s aggregate liability arising out of or in connection with these Terms and your use of the RentADock Platform including, but not limited to, from your publishing or booking of any Listings via the RentADock Platform, or from the use of or inability to use the RentADock Platform and in connection with any Dock use or Dock Owner Service, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the RentADock Platform as a Boater in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Dock Owner, the amounts paid by RentADock to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between RentADock and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect RentADock’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Indemnification
To the maximum extent permitted by applicable law, you agree to release, defend, indemnify, and hold RentADock and its affiliates and subsidiaries, including but not limited to, RentADock Payments, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the RentADock Platform or any RentADock Platforms, (iii) your interaction with any Member, stay at an Dock, or use of a Dock Owner Service, including without limitation any injuries, losses, or damages (whether compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation, or use, or (iv) your breach of any laws, regulations, or third-party rights.
DISPUTE RESOLUTION
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in spokane county, Washington. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in spokane county, Washington, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
RentADock
Phone: 509-251-6096
info@raddocks.com