Requirements for Marina or Other Commercial Subscribers
All info that you provide to Dockwa is accurate and up to date;
Dockwa, in its sole discretion, may use your name, logo and any other symbol, word, slogan or identifier associated with your Marina or other legal entity on the Applications;
You hereby agree to allow Dockwa to send emails and other communications on your behalf, based on the contact information provided by you, to your Marina customers. Dockwa shall have the right to retain information of your Marina customers, including but not limited to: Name, Email Address and any other available contact information for record keeping purposes. Dockwa respects the privacy of your customers and hereby agrees not to reuse this information for third-party marketing purposes. Users that register with Dockwa shall be subject to the Terms and may be contacted in connection with Dockwa services and other information;
By using the Applications, you are appointing Dockwa as your payment agent with regard to transactions carried out through the Applications;
You agree to all payment terms and convenience fees as described herein;
Dockwa takes no part in and bears no responsibility for any portion of the transaction between you and the boater other than facilitating the reservation request and payment;
You shall honor all reservations made by Dockwa Users through the Applications or any other reservation that originates as a result of Dockwa’s Services. Further, Dockwa, in its sole discretion, may discontinue providing you with its Services or use of the Applications should Dockwa determine that you have failed to honor such reservations;
Your Application username, password or any additional login information, (collectively, your “Login Credentials”), which allows you access to the Applications, shall only be used by you, your employees, agents, independent contractors, or any other party who must use your Login Credentials to access your account for implementation, technical difficulty, general maintenance or any other service approved by Dockwa. Violation of this subsection, shall result in immediate removal from the Applications;
You are responsible for properly reporting and handling taxable income made as a result of your transactions through the Dockwa Applications;
You shall follow all federal, state and local laws, rules and regulations concerning your business, as required in the jurisdiction where you are physically located or where you directly or indirectly conduct business.
You may voluntarily agree to send email communications to your customers on behalf of Dockwa announcing your affiliation with Dockwa and stating the benefits of using Dockwa’s Services;
You may voluntarily display Point of Sale (“POS”) signage at your Marina or other business in a location readily visible to your customers, or in another location agreed upon between you and Dockwa;
You may voluntarily embed a Dockwa badge, form or reservation link on your Marina’s website; Dockwa is not liable for any website maintenance required by an individual marina. Installation of any website badge, form or link shall be performed by the marina or their contracted parties.
Dockwa, in its sole discretion, reserves the right to suspend your service immediately. Further, Dockwa reserves the right to take any and all necessary actions under the Laws of the State of Rhode Island, Federal Law or any other rule or regulation should it determine that you, your employees, agents, independent contractors or any other party improperly uses your Login Credentials, regardless of whether the improper use resulted in commercial gain for you or the violator.
If at any point, you are experiencing problems with the Application, please visit the “Click hear for help” widget on Dockwa’s web application to contact the Dockwa support staff.
DISCLAIMERS & LIMITATION OF LIABILITY
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.
THESE DISCLAIMERS DO NOT ALTER YOUR RIGHTS AS A BUSINESS TO THE EXTENT NOT PERMITTED UNDER THE LAW IN THE JURISDICTION WHERE YOUR BUSINESS OPERATES.
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 DOCKWA USER, 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 USERS WHO BOOK DOCKING OR SIMILAR SERVICES REQUESTED THROUGH DOCKWA MAY NOT BE 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.