Last Updated: 6/1/21
THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS. DEPENDING ON YOUR JURISDICTION, THIS SECTION MAY NOT APPLY TO YOU.
“Our Services” include, collectively, websites, content, mobile applications, products, and services associated with Dockwa.com, Marinas.com, any subdomain of such websites, and any of our other websites, mobile applications, products, and services operated by us that post these terms of service. We have identified four main user groups to help clarify how Our Services are used and how portions of these Terms may apply more specifically to you as a user. These user group designations are for convenience only and are not intended to otherwise limit the Terms.
Unless otherwise specified, these Terms will apply to all users (“General Users”), regardless of user group designation. Certain features of Our Services are only available to specific user groups or upgraded accounts, but generally Our Services allow General Users to:
browse, search, add, edit, claim, contact, post reviews of, and make reservations at marinas listed on Our Services;
post and view classified ads;
read and share our blog posts, as well as other resources and content;
view and explore our maps and the weather;
subscribe to our blog and newsletter;
1.1 “Visitors” are users who have not created or otherwise logged in to an account through Our Services. These Terms apply to Visitors unless otherwise specified.
make, manage, and pay for reservations under their account for dock and mooring space at any of the marinas;
manage and update their account;
write and update reviews of any marinas, harbors, anchorages, inlets, bridges, locks, lighthouses, ferries, landmarks, or ramps posted on Our Services (collectively, the “Marina Properties”); and
add Marina Properties to account-specific curated lists.
1.3 - “Marinas” are users, and their representatives, who create an account through and intend to use Our Services primarily to:
manage their claimed marina listing(s) on Our Services;
manage and update their account;
view and respond to general inquiries submitted to their claimed marina(s) through Our Services;
respond to reviews on behalf of their claimed marina(s) on Our Services;
integrate review and reservation request features of Our Services (“Widgets”) on their marina website(s);
view, accept, decline, and manage reservation requests for their claimed marina(s) under their existing account, manage marina inventory and assign dockage and slip spaces in real time, accept payment for reservations, and generate financial reports (collectively, the “Marina Software”); and
upgrade or downgrade their accounts through monthly paid subscription options for access to different levels of features in the Marina Software.
These Terms are legally binding, and your access and use of Our Services is conditioned upon your acceptance, consent, and agreement to these Terms. YOUR ACCESS AND USE OF OUR SERVICES CONSTITUTE YOUR ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE OUR SERVICES. Unless explicitly stated otherwise, any new features, products, or services that augment or enhance Our Services shall be subject to these Terms. You affirmatively confirm that you have read, understand, and agree to be bound by these Terms by creating an account or otherwise using Our Services. If you are entering into these Terms on behalf of an entity, you represent and warrant that you have the actual authority to bind such entity to these Terms.
We reserve the right to refuse use of Our Service to anyone for any reason at any time. In consideration for such use of the Service, you agree to provide true, accurate, current, and complete information about yourself, where applicable on the Service. TWG assumes no duty to verify such information.
Supplemental terms may apply to certain portions of Our Services, such as activities or promotions, and such supplemental terms will be disclosed to you in connection with the applicable service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable service(s).
We expressly reserve the right to modify these Terms at any time in our sole discretion, and without prior notice to you, by including such modification in these Terms, along with a notice of the effective date of such modified Terms. It is your sole responsibility to check this page, and our policies and supplemental terms periodically for such modifications. Any continued use by you of Our Services after the posting of such modified Terms shall be deemed to indicate your acceptance of such modified Terms. Accordingly, if at any time you do not agree to be subject to any modified Terms, you may no longer use Our Services.
We may make changes to Our Services at any time, without notice to you. If you object to any changes to the Services, your sole recourse will be to cease using the Services. Continued use of the Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as modified. We also reserve the right to discontinue the Services, or any component of it, at any time without notice to you. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Services.
If You have entered into a separate executed (i.e. signed) agreement for Services with Us (collectively and individually, “Contract”), such Contract shall supersede these Terms. In the event of any conflict between these Terms and the Contract, the Contract will prevail. In cases where the Contract does not address specific provisions included in these Terms, these Terms will apply, supplementing the Contract.
You may use Our Services only in accordance with these Terms and only for lawful purposes. As a General User, you are responsible for:
making all arrangements necessary for you to have access to Our Services; and
ensuring that all persons who access Our Services through your Internet connection are aware of these Terms and comply with them.
3.1 - Your Account & Privacy
To access some of Our Services and certain features we offer, you may be asked to create an account by providing certain registration details or other information. If you create, 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. We reserve the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, (collectively, the “Login Credentials”), at any time and in our sole discretion, if we believe you have violated any provision of these Terms. We also reserve the right to disable any Login Credentials at any time and in our sole discretion, for any or no reason.
You also acknowledge that your account is personal to you and agree not to provide any other person with access to Our Services using your Login Credentials. Without limiting the previous sentence, Marinas may allow, at their sole discretion, their employees, agents, independent contractors, or any other party who must use Marina Login Credentials to access the Marina’s account for implementation, technical difficulty, general maintenance, or any other service approved by the Marina and TWG.
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 log out 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.
TWG, in its sole discretion, reserves the right to take any and all necessary actions under the Laws of the State of Massachusetts, 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 (“Unauthorized Access”). In the event of such Unauthorized Access, TWG reserves the right to suspend your access and use of Our Services immediately.
3.2 - Payments & Transactions
3.2.1 - Boater Charges & Payment Methods
As a Boater, you understand that use of Our Services may result in your making payments for the services you receive from Marinas (“Charges”). After you have received Marina services through your use of Our Services, TWG will facilitate payment of the applicable Charges on behalf of the Marina, as such Marina’s limited payment collection agent. All Charges are due and payable immediately as of the date(s) and method(s) stated in the reservation confirmation. TWG will use the preferred payment method designated in your Boater 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.
TWG 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. TWG may replace its payment processor at any time without notifying you. If your primary payment method is determined to be expired, invalid, or otherwise unable to be charged, you agree that TWG may, as the Marina’s limited payment collection agent, use a secondary payment method in your Boater account, if available. TWG may notify you if any of your payment methods are insufficient or need to be updated if payment fails at the time the payment is due. It is your sole responsibility to update and fully pay all balances due for services you receive through Our Services, and you acknowledge that TWG takes no part in and bears no responsibility for any portion of the transaction between you and the Marina other than facilitating your payment.
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 “Reservations & Cancellation Policies” section of these Terms or by TWG. 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.
Marinas reserve the right to modify charges should such Marina determine that there is a discrepancy between the information you provided to make your reservation 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. TWG will respond accordingly to any request from a Marina to modify the Charges for a particular service.
TWG reserves the right to establish, remove, or revise Charges for any or all aspects of Our Services at any time in TWG’s sole discretion. TWG will use reasonable efforts to inform you of Charges that may apply. You will be responsible for the Charges incurred under your Boater account regardless of your actual awareness of such Charges or their amounts. TWG 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 Our 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 “Reservation & Cancellation Policies” section of these Terms.
3.2.2 - Boater Gratuities to Marinas
TWG’s payment facilitation is structured to fully compensate the Marina for services provided. TWG does not designate any portion of your payment as a tip or gratuity to the Marina or Marina employees. Any representation by TWG, on Our Services or in TWG’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 TWG provides any additional amounts, beyond those described in these Terms, to the Marina or Marina employees.
3.2.3 - Marina Service Fees & Responsibilities
By using Our Services as a Marina, you are appointing TWG as your payment agent in connection with transactions carried out through Our Services. Marinas agree to all payment terms and fees described in the Terms and in your SaaS Agreement (if applicable). In particular, Marinas agree to pay TWG's applicable service fee for all reservations processed through Our Services. This is inclusive of all credit card transaction fees.
Payment processing services for Marinas on TWG are provided by Stripe, Inc. (“Stripe”) and are subject to the Stripe Connected Account Agreement (currently viewable at https://stripe.com/us/connect-account/legal), which includes the Stripe terms of service (currently viewable at https://stripe.com/us/legal/) (collectively, the “Stripe Services Agreement”).
Marinas shall follow all federal, state and local laws, rules and regulations concerning their business, as required in the jurisdiction where they are physically located or where they directly or indirectly conduct business. TWG takes no part in and bears no responsibility for any portion of the transaction between you and the Boater other than facilitating payment.
As a Marina, you are solely responsible for properly reporting taxable income made in connection with any reservations initiated through Our Services. You agree that we will have no liability relating to your failure to report any taxable income made in connection with any reservations initiated through the TWG Applications or to pay taxes on that income. You further agree to indemnify us against liability to any third party, including the Internal Revenue Service or any state or local taxation authority, arising out of your failure to report any taxable income made in connection with any reservations initiated through the TWG Applications or to pay taxes on that income.
3.3 - Reservation & Cancellation Policies
TWG understands that your circumstances may change as a Boater or Marina between the time of booking through Our Services and the use of a confirmed reservation. Marinas are each required to have a cancellation policy specific to their facility and the Boaters who make reservations with them through Our Services. Marina cancellation policies are displayed and can be referenced under the cancellation policy section of Marina listings on Our Services. The posted policies supersede any other cancellation policies and will be used to determine any refund eligibility upon cancellation of a confirmed reservation. In the event that a Boater is eligible for a refund we will work with best efforts to process the refund within seventy-two (72) hours of the cancellation. In some extenuating circumstances refunds may take longer.
Marinas are required to honor all reservations made by Boaters through Our Services or any other reservation that originates as a result of Our Services. Further, TWG, in its sole discretion, may discontinue providing certain Marinas with access to or use of Our Services should TWG determine, in its sole discretion, that such Marinas have failed to honor any reservations. TWG does acknowledge that situations may arise where canceling or editing a reservation may be necessary by Marinas. Those situations include severe weather, infrastructure damage, flooding or debris, 'Acts of God, etc
3.4 - Mobile Applications
If We make available Mobile Applications as part of the Services, to access the Services via a mobile device, the following terms apply:
To use the Mobile Application You must have a mobile device that is compatible with the mobile service. We do not warrant that the Mobile Application will be compatible with your mobile device. We hereby grant to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that we may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and we and our third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to your use of the Mobile Application.
The following additional terms and conditions apply with respect to any Mobile Application that We provide to You designed for use on an Apple iOS-powered mobile device (an “iOS App”):
The following additional terms and conditions apply with respect to any Mobile Application that We provide to You designed for use on an Android-powered mobile device (an “Android App”):
You acknowledge that these Terms are between you and us only, and not with Google, Inc. (“Google”).
Your use of our Android App must comply with Google’s then-current Android Market Terms of Service.
Google is only a provider of the Android Market where you obtained the Android App. We, and not Google, are solely responsible for our Android App and the Services available thereon. Google has no obligation or liability to you with respect to our Android App or these Terms.
You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to our Android App.
3.5 - Uses Outside the United States
TWG operates or controls the operation of Our Services from offices in the United States. In addition, Our Services may be mirrored, and other websites operated or controlled by TWG may be located, at various locations within and outside of the United States. TWG makes no representation or warranty that all of the features of Our Services will be available to you outside of the United States, or that they are permitted to be accessed outside of the United States. You acknowledge that you are solely responsible for any decision by you to use Our Services from other locations, and that such use may be subject to, and that you are responsible for, compliance with applicable local laws.
4.1 - Links & Social Media Features
You may link to Our Services on your website(s) or mobile application(s); provided that you do so in a way that is legal and does not damage or take advantage of our reputation. You must not establish a link that in any way suggests any form of association, approval, or endorsement on our part, without our express written consent.
Our Services may provide certain social media features that enable you to:
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 below 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 sole discretion.
4.2 - Reliance on Information Posted
The content posted on or through Our Services 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 content by you or any General User of Our Services, or by anyone who may be informed of its contents. Our Services include or may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and reporting services (“Third-Party Content”). All statements and opinions expressed in Third-Party Content, and all articles and responses to questions and other content, other than Our Content (as defined below), are solely the opinions and the responsibility of the person or entity providing such Third-Party Content. Third-Party Content does not necessarily reflect the opinion of TWG. We are not responsible, or liable, to you or any third party, for the content or accuracy of any Third-Party Content.
4.3 - Our Content
Our Services and its entire contents, logos, 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 TWG, 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.
We may update Our Content from time to time, but it is not necessarily complete or up-to-date. Any of Our Content may be out-of-date at any given time, and we are under no obligation to update such material. Where feasible, we may indicate the most recent date certain content was updated.
4.4 - Your Content
4.4.1 - License & Ownership
If you elect to display, post, submit, or otherwise make available to TWG or to others, on or through Our Services any content or works of authorship, including, without limitation, images, audio files, text, software, or other materials, (collectively, “Your Content”), you hereby grant us a perpetual, irrevocable, royalty-free, worldwide, non-exclusive right and license, including the right to grant sublicenses to third parties, to use, reproduce, publicly display, publicly perform, prepare derivative works from, and distribute Your Content, for any purpose. For example, Marinas agree to grant TWG a limited, non-exclusive license to use the Marina’s name, logo, and any other symbol, word, slogan, or identifier associated with the Marina or other legal entity on Our Services and in promotional campaigns, including through our accounts on third-party social media services.
TWG does not claim ownership over any of Your Content. However, you agree that TWG may store and display, subject to your account settings, Your Content solely as necessary in connection with Our Services and these Terms. To the extent you choose to share any of Your Content with other users of Our Services, you agree to allow these users to view and use Your Content.
You understand that all of Your Content and the content submitted and shared by other users of Our Service are the sole responsibility of the person submitting such content to Our Services. TWG does not control such content, nor does TWG guarantee the accuracy, integrity, or quality of such content. TWG will not be liable in any way under any circumstances for any such content as to any errors, omissions, or any loss or damage of any kind incurred as a result of such content submitted to or shared on Our Services.
4.4.2 - Prohibited Content
Your Content must comply with all applicable federal, state, local, and international laws and regulations in their entirety. In addition, you hereby irrevocably represent and warrant to TWG that you have all necessary power, authority, right, title and/or licenses to grant to us the foregoing right and license. You further represent and warrant that Your Content, and the exercise by TWG of the foregoing license, does not and will not:
contain any material that is libelous, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person or entity;
violate the legal rights, including the rights of publicity and privacy, of any other person or entity, or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms;
be likely to deceive any person or entity;
promote any illegal activity, or advocate, promote, or assist any unlawful act;
cause annoyance, inconvenience, or needless anxiety to or be likely to upset, embarrass, alarm, or annoy, any other person or entity;
impersonate any person or entity, or misrepresent your identity or affiliation with any person, organization, or entity;
involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising;
give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case;
contain any Spam; and
contain any computer virus or other malware that could in any way affect the operation of Our Services.
4.4.3 - Comments
You may send specific submissions or suggestions, enhancement requests, guest blog posts applications, classified ads, messages, inquiries, recommendations, proposals, plans, or other feedback or materials relating to Our Service or otherwise (collectively, “Comments”). You hereby grant to TWG a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into Our Services any Comments, whether or not provided at TWG’s request and irrespective of any limitations indicated relating to its use. TWG is under no obligation:
In addition, you hereby irrevocably represent and warrant to TWG that the Comments meet the requirements of Your Content. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party.
4.4.4 - Transmission of Your Content
You acknowledge and understand that Your Content may be transferred unencrypted and involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You acknowledge that TWG may have little or no control over the use of Your Content, and hereby agree to hold TWG harmless from and against any claim or liability arising out of the use of Your Content.
4.4.5 - Automated Content to Boaters on Behalf of Marinas
4.5 - Third-Party Content
Our Services may be made available or accessed in connection with Third-Party Content, including advertising, and that TWG does not control. You acknowledge that different terms of service and privacy policies may apply to your use of and interaction with Third-Party Content. TWG does not endorse such Third-Party Content, and in no event shall TWG 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 Our Services using mobile devices powered by one of those companies, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of Our Services in any manner. Your access to Our Services using these devices is subject to terms set forth in applicable third-party beneficiary’s terms of service.
If Our Services contain Third-Party Content as links to other sites and resources, these links are provided for your convenience only. This includes links to Marinas’ terms and conditions, policies, and links contained in advertisements, including banner advertisements and sponsored links. We have no control over such Third-Party Content, and we accept no responsibility for them or for any loss or damage that may arise from your use of or interaction with them. If you decide to access any Third-Party Content linked on or through Our Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
5.1 - Prohibited Conduct & Export Control
You may use Our Services only for lawful purposes and in accordance with these Terms. You are prohibited and agree not to engage in the following as it relates to Our Services:
You hereby represent and warrant that (i) you understand and acknowledge that Our Services may be subject to export, re-export, and import restrictions under applicable law, (ii) you will not use the any of Our Services in a manner that violates the U.S. Export Administration Act of 1979 and the regulations of the U.S. Department of Commerce, and (iii) you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods.
Further restrictions apply to your use of Our Services, as outlined in the “Content Standards” section. Additionally, you agree not to:
Use any robot, spider, or other automatic device, process or means to access Our Services for any purpose, including monitoring or copying any of the material on Our Services.
Use any manual process to monitor or copy any of the material on Our Services or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper functioning of Our Services for any other user.
Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attack Our Services via denial-of-service or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper functioning of Our Services for TWG or any other user.
5.2 - Monitoring, Enforcement & Termination
We reserve the right, but do not undertake the obligation, to monitor use of Our Services, and to investigate and take appropriate legal action against any party that uses Our Services or Our Content in violation of these Terms or applicable law. TWG reserves the right to accept, reject, or modify any of Our Content, Your Content, or Third-Party Content but assumes no liability based on its acceptance, rejection, modification, or failure to modify any such content.
In order to enforce these Terms, we reserve the right to remove or refuse to post any of Your Content or Third-Party Content for any or no reason in our sole discretion. We also reserve the right to take any action with respect to any of Your Content that we deem necessary or appropriate in our sole discretion, including if we believe that such content violates the Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of Our Services or the public, or could create liability for TWG.
We neither represent nor warrant that we can review all content before it is posted on Our Services, and we 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.
TWG reserves 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 Our Services. When required by applicable laws or regulations, we may disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. We may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of Our Services.
YOU WAIVE AND HOLD HARMLESS TWG AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY TWG 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 TWG, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.
We may immediately terminate these Terms or suspend or deny access to any of Our Services with respect to you, or generally cease offering or deny access to Our Services or any portion thereof, at any time for any reason. These Terms are effective unless and until terminated by either you or TWG.
6.1 - Limited License
Subject to your compliance with these Terms, TWG grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to access and use Our Services on your personal device solely in connection with your use of Our Services, and to access and use any content, information, and related materials that may be made available through Our 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 Services, except as follows:
You must not modify copies of any materials from Our Services; use any illustrations, photographs, video, or audio sequences of any graphics separately from the accompanying text; or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from Our Services. You also must not access or use any part of Our Services or any services or materials available through Our Services for any commercial purposes.
If you wish to make any use of content on Our Services other than as expressly permitted in these Terms, 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 Our Services in breach of the Terms, your right to use Our Services 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 Our Services or any content on Our Services is transferred to you, and all rights not expressly granted are reserved by TWG. Any use of Our Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
6.2 - Copyrights
The copyright laws of the United States and the provisions of the Berne Convention protect copyrighted materials from unauthorized use or reproduction. Any of Our Content that is available on or through Our Services and not otherwise marked is copyright protected, 2018 The Wanderlust Group, Inc.
The images on Marinas.com do not belong to TWG, but are copyright protected, 2005-2017 GMW Holdings LLC and granted to TWG for use under a perpetual license. You may not make printed or digital copies or reprints in any form or for any reason whatsoever.
Users are strictly prohibited from using any copyrighted materials in electronic cartography, in printed marine charts or chartbooks, and on any marine website.
6.3 - Trademarks
The Marinas.com name and logos, Dockwa.com name and logos, the terms “Dockwa” and “Dockwa.com”, and all names, logos, products, and service names, designs, and slogans related to Our Services are trademarks of TWG or its affiliates or licensors. You must not use such trademarks without the prior written permission of TWG. All other names, logos, products, and service names, designs, and slogans on Our Services are the trademarks of their respective owners.
6.4 - 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 Our Services, please notify our copyright agent (“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:
The above information must be submitted to the following Copyright Agent:
The Wanderlust Group, Inc.
Attn: Matt Fradette
PO Box 179, Freeport, ME 04032
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.
7.1 - Disclaimers
OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TWG 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, TWG MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF OUR SERVICES, ANY GOODS OR SERVICES OBTAINED THROUGH THE USE OF OUR SERVICES, NOR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF OUR SERVICES, AND ANY THIRD-PARTY GOODS OR SERVICES OBTAINED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
7.1.2 - THESE DISCLAIMERS DO NOT ALTER YOUR RIGHTS AS A CONSUMER TO THE EXTENT NOT PERMITTED UNDER THE LAW IN THE JURISDICTION OF YOUR RESIDENCE.
7.2 - Limitations of Liability
7.2.1 - TWG 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 TWG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TWG SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY, OR LOSSES INCURRED BY YOU ARISING OUT OF:
A) YOUR USE OF OR RELIANCE ON OUR SERVICES OR YOUR INABILITY TO ACCESS OR USE OUR SERVICES; OR B) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY OTHER USER, EVEN IF TWG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TWG SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND TWG’S REASONABLE CONTROL. IN NO EVENT SHALL TWG’S TOTAL LIABILITY TO YOU IN CONNECTION WITH OUR SERVICES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE ANY SUBSCRIPTION AND PAYMENT FEES THAT YOU HAVE PAID TO TWG.
7.2.2 - YOU ACKNOWLEDGE THAT TWG DOES NOT PROVIDE DOCKING, MOORING, OR LOGISTICS SERVICES OR FUNCTION AS A DOCKING OR MOORING CARRIER. OUR SERVICES MAY BE USED BY GENERAL USERS TO REQUEST AND SCHEDULE BOAT DOCKING AND MOORING SERVICES WITH MARINAS AND TO COMMUNICATE WITH MARINAS, BUT YOU AGREE THAT TWG 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.
7.2.3 - TWG DOES NOT GUARANTEE THE SUITABILITY, SAFETY, OR ABILITY OF MARINA PROPERTIES. IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE IF MARINA PROPERTIES WILL MEET YOUR NEEDS AND EXPECTATIONS. TWG 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 AND MARINA PROPERTIES THAT ARE POTENTIALLY UNSAFE, OFFENSIVE, HARMFUL TO MINORS, OR OTHERWISE OBJECTIONABLE, AND THAT USE OF MARINA PROPERTIES ARRANGED OR SCHEDULED USING THE TWG SERVICES IS AT YOUR OWN RISK AND JUDGMENT. TWG SHALL NOT HAVE ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR TRANSACTIONS OR RELATIONSHIP WITH MARINAS.
7.2.4 - THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
7.3 - Indemnification & Injunctive Relief
You agree to defend, indemnify and hold harmless TWG, 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 Our Services, including, but not limited to, your:
You acknowledge that any use of Our Services contrary to these Terms, or any transfer, sublicensing, copying, or disclosure of technical information or materials related to Our Services, may cause irreparable injury to TWG, its affiliates, and its suppliers, and under such circumstances TWG, its affiliates, and its suppliers will be entitled to equitable relief, without posting bond or other security, including but not limited to, preliminary and permanent injunctive relief.
7.4 - Dispute Resolution
7.4.1. Applicable Law. These Terms and any dispute that may arise between you and Dockwa will be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law and the laws of the Commonwealth of Massachusetts , United States of America, without reference to its conflict of laws principles. You agree that any claim or disputes arising out of or relating to these Terms that you may have against Dockwa must be resolved exclusively by a state or federal court located in Cambridge, Massachusetts, except as otherwise agreed by the parties or as described in the Arbitration subsection below. You agree irrevocably to submit to the personal jurisdiction of the courts located within the Commonwealth of Massachusetts for the purpose of litigating all such claims or disputes. 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.
7.4.2. Dispute Resolution. Before either party may seek arbitration as provided below, the party must first send to the other party a written notice of dispute (“Notice") describing the nature and basis of the claim or dispute, and the requested relief. After the Notice is received, you and Dockwa may attempt to resolve the claim or dispute informally. If you and Dockwa do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding as provided below.
7.4.3. Arbitration. You agree that Dockwa may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event Dockwa elects arbitration, you hereby agree to move any claims to the exclusive jurisdiction of an arbitration procedure, which shall be initiated through the American Arbitration Association or another established alternative dispute resolution provider (collectively, “ADR”) chosen by Dockwa. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by Dockwa; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties, in which case the location of the arbitration shall be Cambridge, Massachusetts , and (iii) the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Arbitration expressly excludes claims for injunctive or other equitable relief.
7.4.4. Waiver of Jury Trial. YOU HEREBY WAIVE YOUR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. In the event any litigation should arise between you and Dockwa in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
7.4.5. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.
7.5 - Limitation on Time to File Claims
UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAWS OR REGULATIONS, 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.
7.6 - Waiver & Severability
No waiver by TWG 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 TWG 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.
7.7 Entire Agreement
These Terms expressly supersede all prior and contemporaneous understandings, agreements, representations, or warranties with you, whether written or oral, unless you have an Upgraded Account. In that case, the terms of the SaaS Agreement will supersede these Terms until the SaaS Agreement is terminated under its terms.
7.8 - Electronic Communications
The communications between you and Dockwa use electronic means, whether you visit our websites, send Dockwa e-mails, or use Our Services or whether Dockwa posts notices on its websites or communicates with you via e-mail.
Consent to Electronic Communications
For contractual purposes, you (1) consent to receive communications from Dockwa in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Dockwa provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights. Where Dockwa requires that you provide an e-mail address; you are responsible for providing Dockwa with your most current e-mail address. In the event that the last e-mail address you provided to Dockwa is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Dockwa’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. We are not responsible for any automatic filtering you or your network provider may apply to communications we send to an e-mail address that you provide to us. Additionally, if you communicate with us by way of electronic communications (including without limitation emails, chats, messaging, and/or any similar feature of the Services, in real time or delayed), you agree and consent that we may save, keep copies (electronic or physical) and archive any and all communications you may have with us.
Mobile Messaging Terms
When you provide us with your mobile telephone number, you agree that Dockwa may send you text messages (including SMS and MMS) to that mobile telephone number. When you first provide your mobile telephone number to us, you will receive a confirmation text message and you may need to reply as instructed to complete registration. Dockwa will never charge you for the text messages you receive, however you may see message and data rate charges from your mobile provider, though, so be sure to check your plan. You are responsible for the payment to your mobile provider of any message, data and other charges related to text messages, including for confirmation texts you receive and your responses thereto.
You may opt-out of receiving any future text messages from Dockwa at any time by replying to a text message with the keyword “STOP”. If you opt-out, you agree to receive a final text message confirming your opt-out. When you opt-out of text messaging, you will no longer receive any texts messages unless you re-subscribe. Texts may be sent through an automatic telephone dialing system. Consent to receive mobile messages is not required as a condition to using Our Services or to purchase any goods or services from Dockwa.
You agree to notify us of any changes to your mobile telephone number by updating your contact information. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
7.9 - California Consumer Notice
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Services are provided by The Wanderlust Group, Inc., PO Box 179, Freeport, ME 04032. If You have a question or complaint regarding the Website or Service, please contact Customer Service at firstname.lastname@example.org. You may also contact Us by writing The Wanderlust Group, Inc., PO Box 179, Freeport, ME 04032. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
All feedback, comments, requests, and other communications relating to Our Services should be directed to email@example.com.
Questions about these Terms should be sent to us at firstname.lastname@example.org.