1. Acceptance of Terms of Service
These Terms of Service (collectively, the “Terms”), 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 The Wanderlust Group, Inc., a Delaware corporation doing business as “Dockwa,” and its subsidiaries and affiliates (collectively, “Dockwa”, the “Company”, “We” or “Us”).
These Terms apply to individual boaters and those representing boaters (“Boaters”) that intend to use the Services to book dock or mooring spaces at marinas listed on our website and mobile application. There are separate terms of service applicable to the marinas and the individuals who represent marinas (“Marina Users”) that intend to use the Services to enable Boaters to book dock or mooring spaces at those marinas. If you are a Marina User, please visit [hyperlink to Marina Terms] and carefully read the terms of service on that page.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Dockwa. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Dockwa may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as activities or promotions, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Dockwa may amend the Terms related to the Services from time to time. Amendments will be effective upon Dockwa’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms as amended.
The Services consist of a technology platform that enables users of Dockwa’s mobile application or website provided as part of the Services (each, an “Application” and collectively, the “Applications”) to arrange and schedule boat docking and mooring reservations, and/or logistics services with Marinas of such services, including independent third party dockage providers and third party logistics providers under agreement with Dockwa or certain of Dockwa’s subsidiaries (collectively, the “Marinas”). Unless otherwise agreed by Dockwa in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.
YOU ACKNOWLEDGE THAT DOCKWA DOES NOT PROVIDE DOCKING, MOORING OR LOGISTICS SERVICES OR FUNCTION AS A DOCKING OR MOORING CARRIER. DOCKWA’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE BOAT DOCKING AND MOORING SERVICES WITH MARINAS AND TO COMMUNICATE WITH MARINAS, BUT YOU AGREE THAT DOCKWA HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY BOAT DOCKING, MOORING OR LOGISTICS PROVIDED TO YOU BY MARINAS THROUGH THE USE OF THE SERVICES OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
DOCKWA DOES NOT GUARANTEE THE SUITABILITY, SAFETY OR ABILITY OF MARINAS. IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE IF A MARINA WILL MEET YOUR NEEDS AND EXPECTATIONS. DOCKWA WILL NOT PARTICIPATE IN DISPUTES BETWEEN YOU AND A THIRD PARTY PROVIDER. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO SITUATIONS INVOLVING MARINAS THAT ARE POTENTIALLY UNSAFE, OFFENSIVE, HARMFUL TO MINORS, OR OTHERWISE OBJECTIONABLE, AND THAT USE OF MARINAS ARRANGED OR SCHEDULED USING THE SERVICES IS AT YOUR OWN RISK AND JUDGMENT. DOCKWA SHALL NOT HAVE ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR TRANSACTIONS OR RELATIONSHIP WITH MARINAS.
3. Accessing the Applications and Account Security
We reserve the right to withdraw or amend the Applications, and any service or material we provide on the Applications, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Applications is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Applications, or the entire Application, to users, including registered users.
You are responsible for:
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Applications or portions of it using you user name, password or other security information. You agree to notify us immediately of any unauthorized access to, or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion for any or no reason if, in our opinion, you have violated any provision of these Terms.
4. Payment(A) You understand that use of the Services may result in payments by you for the services you receive from a Marina (“Charges”). After you have received services obtained through your use of the Service, Dockwa will facilitate payment of the applicable Charges on behalf of the Marina, as such Marina’s limited payment collection agent, using the preferred payment method designated in your Account, and will send you a receipt by email. Payment of the Charges in such a manner shall be considered the same as payment made directly by you to the Marina. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise stated under the “Cancellation Policy” heading of these Terms or by Dockwa. You retain the right to request lower charges from a Marina for services received by you from such Marina at the time you receive the services.
(B) Marinas reserve the right to modify charges should such Marina determine that there is a discrepancy between your User Profile and the actual characteristics of your particular boat or vessel. For example, a discrepancy between your boat’s total length and the actual length as determined by the Marina could result in an increased charge to use the services of the Marina. Dockwa will respond accordingly to any request from a Marina to modify the Charges for a particular service.
(C) All Charges are due immediately and payment shall be facilitated by Dockwa using the preferred payment method designated in your Account. If your primary Account payment method is determined to be expired, invalid or otherwise unable to be charged, you agree that Dockwa may, as the Marina’s limited payment collection agent, use a secondary payment in your Account, if available.
(D) Dockwa reserves the right to establish, remove and/or revise Charges for any or all aspects of the Services at any time in Dockwa’s sole discretion. Dockwa will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for the Charges incurred under your Account regardless of your actual awareness of such Charges or their amounts. Dockwa may, from time to time, provide users with promotional offers and discounts that may result in alternate Charges for the same or similar Services. You agree that such promotional offers and discounts, unless made available to you, shall have no bearing on your use of the Services or Charges applied to you. You may elect to cancel your request for services from a Marina at any time prior to your use of such services, in which case you may still be charged a fee pursuant to Section 6 of these Terms.
(E) Dockwa’s payment facilitation is structured to fully compensate the Marina for services provided. Dockwa does not designate any portion of your payment as a tip or gratuity to the Marina or Marina employees. Any representation by Dockwa, on the Applications or in Dockwa’s marketing materials to the effect that tipping is “voluntary,” “not required,” or “included” in the payments you make for Marina services is not intended to suggest that Dockwa provides any additional amounts, beyond those described in these Terms, to the Marina or Marina employees. You understand and agree that, while you are free to provide additional payment as gratuity directly to any Marina or Marina employee who provides you services obtained through the Service, you are under no obligation to do so. All gratuities are voluntary. After you have received services obtained through the Service, you will have the opportunity to leave feedback about your Marina. In the event you feel unwelcomed pressure to provide a gratuity, you may factor that into the feedback you give.
(F) Dockwa partners with companies (such as Stripe) for payment processing. When you make a reservation, you're also agreeing to the payment processor's terms of service. Dockwa may replace its payment processor at any time without notifying you.
5. Cancellation Policy
Dockwa understands that your circumstances may change between the time of booking through the Services and your use of the Marina services. Every marina on the Dockwa platform has a cancellation policy specific to their facility and their customers' use of the Services. Every marinas' cancellation policy is displayed and can be referenced under the cancellation policy section of their listing on the Application and on their Dockwa Website profile. These policies supersede any others and will be used to determine refund eligibility upon cancellation of a confirmed reservation.
In the event a Dockwa marina customer is eligible for a refund we will work with best efforts to process the refund within 72 hours of the cancellation. In some extenuating circumstances refunds may take longer.
6. Intellectual Property Rights
The Applications and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Dockwa, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
(A) Subject to your compliance with these Terms, Dockwa grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to access and use the Applications on your personal device solely in connection with your use of these services and access and use any content, information and related materials that may be made available through the services. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Applications, except as follows:
(B) You must not:
If you wish to make any use of material on the Applications other than that set out in this section, you will need our express written permission, which you can request by emailing email@example.com.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Applications in breach of the Terms, your right to use the Applications will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Applications or any content on the Applications is transferred to you, and all rights not expressly granted are reserved by Dockwa. Any use of the Applications not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
The Dockwa name, the terms “Dockwa,” “Dockwa.com,” the Dockwa logo and all related names, logos, products and service names, designs and slogans are trademarks of Dockwa or its affiliates or licensors. You must not use such trademarks without the prior written permission of Dockwa. All other names, logos, products and service names, designs and slogans on the Applications are the trademarks of their respective owners.
8. Prohibited Uses
You may use the Applications only for lawful purposes and in accordance with these Terms. You agree not to use the Applications:
Additionally, you agree not to:
9. Third-Party Services and Content
The Services may be made available or accessed in connection with third-party services and content, including advertising, that Dockwa does not control. You acknowledge that different terms of service and privacy policies may apply to your use of such third-party services and content. Dockwa does not endorse such third party services and content and in no event shall Dockwa be responsible or liable for any products or services of such third parties. Additionally, Apple Inc., Google Inc., Microsoft Corporation or Blackberry Limited will be a third-party beneficiary to this contract if you access the Services using powered mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in applicable third-party beneficiary’s terms of service.
10. User Contributions
The Applications may contain message boards, chat rooms, personal, employer and institutional web pages or profiles, review forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “Post”) content or materials (collectively, “User Contributions”) on or through the Applications.
All User Contributions must comply with these Terms. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Applications, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose or according to your account settings.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Dockwa, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Applications.
11. Monitoring and Enforcement; Termination
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Applications. YOU WAIVE AND HOLD HARMLESS DOCKWA AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY DOCKWA OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER DOCKWA, SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot undertake the review of all material before it is posted on the Applications, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
12. Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must comply with all applicable federal, state, local and international laws and regulations in their entirety. Without limiting the foregoing, User Contributions must not:
13. DMCA Notices and Copyright Infringement
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Applications, please notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:
(A). An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
(B). Identification of the copyrighted work that you claim has been infringed;
(C). Identification of the material that is claimed to be infringing and where it is located on the Applications;
(D). Information reasonably sufficient to permit Dockwa to contact you, such as your address, telephone number and e-mail address;
(E). A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
(F). A statement made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: Tyler Kneisel
The Wanderlust Group, Inc.
Address: 1 Commercial Wharf, Unit 1A
Newport, RI 02840
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
You should consult an attorney with any questions regarding the aforementioned DMCA requirements and your rights and obligations under the DMCA and other applicable laws.
14. Reliance on Information Posted
The information presented on or through the Applications is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Applications, or by anyone who may be informed of its contents.
The Applications includes or may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Dockwa, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Dockwa. We are not responsible, or liable to you or any third party, for the content or accuracy of any material provided by any third parties.
15. Changes to the Applications
We may update the content on the Applications from time to time, but the content on the Applications is not necessarily complete or up-to-date. Any of the material on the Applications may be out of date at any given time, and we are under no obligation to update such material.
16. Information About You and Your Visits to the Applications
17. Linking to the Applications and Social Media Features
You may link to our homepage, provided you do so in a way that is legal and does not damage or take advantage of our reputation, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part, without our express written consent.
(A) The Applications may provide certain social media features that enable you to:
(B) You may use these features solely as we provide them and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Terms.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
18. Links from the Applications
If the Applications contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links to Marinas’ Terms and Conditions, and links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Applications, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
19. Use Outside the United States
The owner of the Applications is based in the state of Rhode Island in the United States. We make no claims that the Applications or any of its content is accessible or appropriate outside of the United States. Access to the Applications may not be legal by certain persons or in certain countries. If you access the Applications from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” DOCKWA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, DOCKWA MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY GOODS OR SERVICES OBTAINED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY THIRD PARTY GOODS OR SERVICES OBTAINED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
WHILE THE APPLICATIONS MAY CONTAIN SOME MAPPING FUNCTIONALITY, THOSE FUNCTIONS ARE NOT DESIGNED OR INTENDED TO BE RELIED UPON FOR NAVIGATION OF ANY VESSEL IN ANY WAY.
THESE DISCLAIMERS DO NOT ALTER YOUR RIGHTS AS A CONSUMER TO THE EXTENT NOT PERMITTED UNDER THE LAW IN THE JURISDICTION OF YOUR RESIDENCE.
21. Limitation of Liability
DOCKWA SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE, EVEN IF DOCKWA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DOCKWA SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES INCURRED BY YOU ARISING OUT OF:
(A) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR
(B) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY MARINA, EVEN IF DOCKWA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DOCKWA SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND DOCKWA’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT MARINAS PROVIDING DOCKING OR SIMILAR SERVICES REQUESTED THROUGH DOCKWA MAY OFFER SERVICES THAT MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL DOCKWA’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS ($500).
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless Dockwa, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees, including reasonable attorneys’ fees arising out of or relating to your violation of these Terms or your use of the Applications, including, but not limited to, your:
a. Use of the Services;
b. Your breach or violation of any of these Terms;
c. Dockwa’s use of your User Content; or
d. Your violation of the rights of any third party, including Marinas
23. Governing Law and Jurisdiction
All matters relating to the Applications and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Rhode Island without giving effect to any choice or conflict of law provision or rule (whether of the State of Rhode Island or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms or the Applications shall be instituted exclusively in the federal courts of the United States or the courts of the State of Rhode Island, in each case located in the City of Newport and County of Newport, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
24. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF THE APPLICATIONS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
25. Waiver and Severability
No waiver by Dockwa of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Dockwa to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Comments and Questions
The Applications are operated by The Wanderlust Group, Inc., a Delaware corporation doing business as “Dockwa.” Our website is www.dockwa.com.
All notices of copyright infringement claims should be sent to Dockwa, Attn: Matt or firstname.lastname@example.org or in the manner and by the means set forth herein.
All other feedback, comments, requests for technical support and other communications relating to the Applications should be directed to email@example.com.