TERMS OF USE

DOCKLYNE, LLC

 

Last Updated: January 1, 2024

PLEASE READ THESE TERM OF USE CAREFULLY BEFORE USING THIS WEBSITE. This Terms of Use Agreement (this “Agreement” or “Terms of Use”) is a legally binding agreement made by and between Docklyne, LLC. (hereinafter “Docklyne”), a Delaware corporation, and you, the user (“you,” “your” or “User”).

Together with the Privacy Policy, this Agreement contains the entire terms and conditions that govern the use of Docklyne’s websites, applications, and services (collectively, the “Docklyne Platform”). BY CLICKING THE “I AGREE” BUTTON BELOW OR BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THE DOCKLYNE PLATFORM, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THE DOCKLYNE PLATFORM. DOCKLYNE RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT DOCKLYNE’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE OR THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.

1. Docklyne Not a Party to Any Rental Agreement. Docklyne is an online marketplace that connects renters (each, a “Renter”) with commercial marine vessel operators (each, an “Operator”) by enabling Operators to list vessels, equipment, and boating services for rent (each, a “Vessel”). Vessels include, but are not limited to, boats of all sizes, jet skis, kayaks, canoes, paddleboards, wakeboards, other recreational equipment, and any boating services Operator may, in their sole discretion, list on the Docklyne Platform. Docklyne does not own, rent, manage, maintain, service, or control any Vessel. In no event is Docklyne a party to any rental or other agreement between Renters and Operators, nor is Docklyne an insurer.
2. Access to the Docklyne Platform. To access and use many features of the Docklyne Platform, links or other content, you may be asked to provide certain registration details or other information. It is a condition of your use of the Docklyne Platform that all the information you provide will be correct, current, and complete. If Docklyne believes the information you provide is not correct, current, or complete, Docklyne has the right to deny access to the Docklyne Platform, or to any of its resources, and to terminate or suspend your access at any time.
3. Applicable Use of Site. You may use the Docklyne Platform only for the purposes expressly permitted by this Agreement. As a condition of your use of Docklyne’s Platform, you warrant to Docklyne that you will not use the Docklyne Platform for any purpose that is unlawful, immoral, or otherwise prohibited by these terms, conditions, and notices.
4. No Co-Branding or Framing. You may not use or authorize any party to co-brand or frame any of the Docklyne Platform without the express prior written permission of an authorized representative of Docklyne in each instance. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, trade name, service mark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Docklyne Platform or content accessible within the Docklyne Platform. For purposes of these Terms of Use, "framing" refers to displaying any Docklyne webpage within a bordered area of another website, regardless of whether the address of the originating Docklyne website is visible. Furthermore, you agree to cease any unauthorized co-branding or framing immediately upon notice from Docklyne.
5. No Unlawful Access. You agree that you will not use the Docklyne Platform in any manner that could in any way disable, overburden, damage, or impair the the Docklyne Platform or otherwise interfere with any other party's use and enjoyment of the Docklyne Platform. You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through the authorized use of the Docklyne Platform.
6. Proprietary Information. All content found on the Docklyne Platform (the “Content”) is considered the copyrighted and trademarked intellectual property of Docklyne, or of the party that created and/or licensed the Content to Docklyne. No rights or title to any of the Content contained on the Docklyne Platform shall be considered transferred or assigned to the User at any time. Subject to all applicable laws, you agree that you will not copy, distribute, republish, modify, create derivative works of, or otherwise use the Content in any unauthorized way, without the prior written consent of Docklyne in each instance, except that you may print out and/or save one copy of the Content for your personal use only.
7. Submissions. You hereby grant to Docklyne a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information or materials of any kind or nature communicated by you (or on your behalf) to Docklyne through the Docklyne Platform (each, a “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You agree that Docklyne will not be bound to treat any Submission as confidential and may use any Submission in its business (including without limitation, for products, services, marketing, or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Docklyne operations or businesses. Docklyne has no duty to pre-screen Submissions and is not responsible for Submissions.
8. Third Party Websites. The Docklyne Platform may be hyperlinked to and by other websites which are not maintained by, or related to, Docklyne. Hyperlinks to such sites are provided as a service to Users and are not sponsored by, endorsed or otherwise affiliated with the Docklyne Platform or Docklyne. Docklyne has not reviewed any or all of such sites and is not responsible for the content of any linking sites, and any links made directly from the Docklyne Platform to another web page should be accessed at the User's own risk. Docklyne makes no representations or warranties about the content, completeness, quality or accuracy of any such website, and as such, shall not be liable in connection with any loss, damage, cost or injury associated with any access thereto via the Docklyne Platform.
9. Use of Communication Services. The Docklyne Platform may contain forums, bulletin board services, chat areas, message boards, news feeds, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send, and receive messages and content that are considered proper and related to the particular Communication Service. Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with the Docklyne Platform, or cause to be posted, sent, submitted, published or transmitted, any material that:
   1. you do not have the right to post, including without limitation any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity);
   2. advocates or could reasonably serve to encourage, either directly or indirectly, any illegal or immoral activity, or discusses an intent to commit an illegal act or violate any law, rule, or regulation;
   3. is vulgar, obscene, pornographic, incendiary, or indecent;
   4. threatens or abuses others;
   5. is libelous or defamatory towards others;
   6. is racist, abusive, harassing, threatening or offensive;
   7. seeks to exploit or harm children by exposing them to inappropriate content, or asking for personally identifiable details or information;
   8. harvests or otherwise collects information about others, including e-mail addresses, financial information or other personally identifying information, without their prior express consent in each instance;
   9. impersonates or misrepresents your connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of content;
   10. falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded (e.g., copyright, trademark or patent notices);
   11. advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site;
   12. solicits funds, advertisers or sponsors for any purpose;
   13. includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications device;
   14. disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise acts in a way which affects the ability of other people to engage in real-time activities via the Docklyne Platform;
   15. amounts to a pyramid or other like scheme, including without limitation contests, chain letters, and surveys;
   16. disobeys any policy or regulations including any code of conduct or other guidelines established from time to time regarding the use of the Docklyne Platform and/or any networks connected to the Docklyne Platform; or
   17. contains hyperlinks to other sites that contain content that falls within the scope of this Section.

You acknowledge that any materials uploaded to the Communication Service may be subject to posted limits on use, reproduction, and/or dissemination, and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Docklyne nor any third party that provides Content to Docklyne will assume or have any liability for any action made by Docklyne or such third party with respect to any submission.

You acknowledge that the Docklyne may or may not pre-screen materials uploaded to the Communication Service, yet the Docklyne Platform and its designees shall have the right, but not the obligation, in its sole discretion, to pre-screen, refuse, remove, or delete any Content that violates this Agreement or is otherwise objectionable as determined by Docklyne in its sole discretion.

The Docklyne Platform reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Communication Services (or any part thereof) with or without notice. You agree that the Docklyne Platform will not be liable to you or any third party for any modification, suspension, or discontinuance of the Communication Services.

WHILE THE DOCKLYNE PLATFORM EXPLICITLY PROHIBITS THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT, AND THAT YOUR USE OF THE DOCKLYNE PLATFORM IS ENTIRELY AT YOUR OWN RISK, AND THAT THE DOCKLYNE PLATFORM SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT.

YOU UNDERSTAND AND AGREE THAT IF YOUR USE OF COMMUNICATIONS SERVICES VIOLATES ANY OF THE ABOVE CODES OF CONDUCT, THE DOCKLYNE PLATFORM CAN SUSPEND AND/OR TERMINATE YOUR USE OF THE DOCKLYNE PLATFORM IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF, OR HEARING.

1. Right to Terminate Access. Docklyne reserves the right to monitor use of the Docklyne Platform to determine compliance with these Terms of Use, as well as the right to edit, refuse to post, or remove any information or materials, in whole or in part, at its sole discretion. Docklyne reserves the right to terminate your access to any or all of the Docklyne Platform, including without limitation, Communication Services at any time without notice for any reason whatsoever.
2. Disclosure Under Law. Docklyne reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request.
3. Personally Identifiable Information. Docklyne cautions you against giving out any personally identifying information about yourself or your children on the Docklyne Platform. In an effort to preserve your privacy, Docklyne agrees that it will treat any personally identifying information that you submit through the Docklyne Platform in accordance with the terms outlined in its Privacy Policy at https://docklyne.com/privacy-policy, as well as in conformance with all applicable laws, rules, and regulations.
4. Payment Processing. You acknowledge and consent to Docklyne’s use of third party payment processors for all payments conducted through the Docklyne Platform. The terms and conditions of such third party payment processors are incorporated by reference herein. You authorize Docklyne to disclose any of your information necessary to process payment either to or from Docklyne. Docklyne will use reasonable efforts to rectify any payment processing errors about which Docklyne becomes aware.
5. Operator Terms.
   1. Operator is solely responsible for the listing price of a Vessel. Such price shall be inclusive of all taxes, security allowance, cleaning fees, or other fees, including without limitation the Service Fee as defined below (the “Rental Fee”).
   2. By accepting a booking through Docklyne, Operator agrees to pay a two and a half percent (1.9%) payment processing fee on each booking (the “Payment Processing Fee”). The Payment Processing Fee is calculated as a percentage of the Rental Fee. Operator further acknowledges and agrees that Docklyne will deduct up to a 10% percent service fee (the “Service Fee”) from the Rental Fee before remitting the remainder of the Rental Fee to Operator. The Service Fee is calculated as a percentage of the difference of the Rental Fee less the Service Fee. Operator agrees all payment processing, including without limitation the Rental Fee, will go through Docklyne and/or Docklyne’s third party payment processing vendors. Operator authorizes Docklyne to collect the Rental Fee on Operator’s behalf. Operator shall not corroborate with a Renter to circumvent or otherwise not pay the Service Fee. Any payment directly between Operator and Renter is in violation of these Terms of Use and will result in termination of access to the Docklyne Platform.
   3. Operator will comply with and uphold any policies, including without limitation any cancellation or weather policies, posted on the Docklyne Platform.
   4. Operator represents and covenants that:
      1. Operator is eighteen (18) years of age or older and has the requisite authority to enter into binding legal agreements under applicable law and will furnish Docklyne with proof of identity and/or government tax identification, as requested;
      2. Operator owns and/or has all necessary rights and authority to offer for rent and to rent the Vessel listed by Operator;
      3. all information posted to the Docklyne Platform by Operator is true and correct and Operator will accurately describe the Vessel to be rented and disclose all material defects in such Vessel;
      4. Operator will obtain, hold, and maintain in good-standing and requisite minimum amounts all insurance policies that would be reasonably required to protect Operator and Docklyne, as an indemnitee, from any liability arising from the rental of Operator’s Vessel and will furnish to Docklyne certificates of such insurance upon Docklyne’s request; and
      5. Operator is knowledgeable about and will comply with all applicable rules, regulations, ordinances, and laws applicable to Operator and Operator’s conduct of their rental business.
   5. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, OPERATOR ASSUMES ALL RISK ARISING OUT OF OPERATOR’S ACCESS TO AND USE OF THE DOCKLYNE PLATFORM OR ITS CONTENT INCLUDING WITHOUT LIMITATION RENTER’S USE OF THE VESSEL OR ANY INTERACTION WITH A RENTER

 

1. Renter Terms.
   1. By booking a Vessel through the Docklyne Platform, Renter agrees to pay the Rental Fee, as defined above. Renter authorizes Docklyne to collect the Rental Fee and any other information necessary to process the Rental Fee, including without limitation preauthorization of Renter’s credit card.
   2. Renter acknowledges that by booking a Vessel through the Docklyne Platform, Renter is party to a contract directly between Renter and Operator to which Docklyne is not a party.
   3. Renter is wholly responsible for Renter’s acts or omissions and for the acts and omissions of any third party Renter provides access to the Vessel.
   4. Renter will comply with and uphold any policies, including without limitation any cancellation or weather policies, posted on the Docklyne Platform.
   5. Renter represents and covenants that Renter is eighteen (18) years of age or older and has the requisite authority to enter into binding legal agreements under applicable law and will furnish Docklyne with proof of identity, as requested.
   6. Renter shall not corroborate with an Operator to circumvent or otherwise not pay the Service Fee. Any payment directly between Renter and Operator is in violation of these Terms of Use and will result in termination of access to the Docklyne Platform.
   7. Renter is knowledgeable about and will comply with all applicable rules, regulations, ordinances, insurance requirements, and laws applicable to Renter and Renter’s use of the Vessel, including without limitation any policies made known to Renter by Operator.
   8. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, RENTER ASSUMES ALL RISK ARISING OUT OF RENTER’S ACCESS TO AND USE OF THE DOCKLYNE PLATFORM OR ITS CONTENT INCLUDING WITHOUT LIMITATION RENTER’S USE OF THE VESSEL OR ANY INTERACTION WITH AN OPERATOR OR ANYONE ACTING AT AN OPERATOR’S DIRECTION.
2. Disclaimer; Limitations on Liability. You understand that Docklyne cannot and does not guarantee or warrant that files available for downloading from the Docklyne Platform will be free of viruses, worms, Trojan horses, or other code that may cause damage or harm to your computer(s) or network(s). You acknowledge that you will be solely responsible for implementing sufficient procedures and checkpoints to protect your computer(s) and network(s), and that you will maintain adequate means of backup of your personal data, external to the Docklyne Platform. Docklyne further disclaims any responsibility to ensure that the Content located on the Docklyne Platform is necessarily complete and up-to-date.

YOUR USE OF THE DOCKLYNE PLATFORM IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. DOCKLYNE DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. DOCKLYNE DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON ANY OF THE DOCKLYNE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE DOCKLYNE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DOCKLYNE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND DOCKLYNE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE DOCKLYNE PLATFORM OR ITS CONTENT. DOCKLYNE MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

DOCKLYNE, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF DOCKLYNE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORSEEABLE.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF DOCKLYNE AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF: THE AMOUNT YOU HAVE PAID TO DOCKLYNE FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100.00). ALL CLAIMS MADE BY YOU HEREUNDER MUST BE MADE WITHIN ONE YEAR OF THE ACTION TO WHICH SUCH CLAIM RELATES OR FOREVER BE BARRED.

1. Indemnity. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD DOCKLYNE, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND CONTRACTORS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM ANY BREACH OF THESE TERMS OF USE BY YOU, INCLUDING ANY USE OF CONTENT OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE. YOU AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR UNAUTHORIZED USE, AND YOU AGREE TO INDEMNIFY ANY AND ALL RESULTING LOSS, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES, AND ATTORNEYS' FEES OF THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH. YOU WILL ALSO INDEMNIFY, DEFEND, AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE DOCKLYNE PLATFORM.
2. Trademarks and Copyrights. Trademarks, service marks, logos, trade names, and copyrighted works (hereinafter, “Intellectual Property”) appearing on the Docklyne Platform are the property of Docklyne or the party that provided the Intellectual Property to Docklyne. Docklyne and any party that provides Intellectual Property to Docklyne retain all rights with respect to any of their respective Intellectual Property appearing on the Docklyne Platform and do not transfer at any time to user and/or any other third party.
3. Copyright Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Docklyne's copyright agent (as designated herein) all of the written information specified below. Please note that this procedure is exclusively for notifying Docklyne and its affiliates that your copyrighted material has been infringed. Please include the following:
   1.  An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
   2. A description of the copyrighted work that you claim has been infringed upon;
   3. A description of where the material that you claim is infringing is located on the Docklyne Platform, including the current website address;
   4. Your address, telephone number, and e-mail address;
   5. A statement by you that you have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, and/or the law;
   6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Docklyne's Copyright Agent for notice of claims of copyright infringement on the Docklyne Platform can be reached as follows:

Copyright Agent:

Keith Breyer

Attn: Copyright Agent,

215 N Pine St Charlotte, NC 28226

phone: 980.580.6397

e-mail: info@docklyne.com

1. Security. Any passwords used for the Docklyne Platform are for individual use only. You will be responsible for the security of your password(s) at all times. From time to time, Docklyne may require that you change your password. You are prohibited from using any services or facilities provided in connection with the Docklyne Platform to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Docklyne reserves the right to release your account details to the system administrators of other websites and/or the authorities in order to assist them in resolving security incidents. Docklyne reserves the right to investigate suspected violations of these Terms of Use. Docklyne reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Docklyne to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS NOT SPECIFICALLY SET FORTH HEREIN, AND AGREE TO HOLD COMPANY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.

1.  Disputes; Arbitration. These Terms of Use are governed by the laws of the State of North Carolina, notwithstanding any principles of conflicts of law. Any disputes between you and Docklyne relating to the Docklyne Platform and/or these Terms of Use that involve less than $10,000 must be resolved exclusively through binding non-appearance-based arbitration. A party electing arbitration shall initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). In addition, you and Docklyne agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court competent jurisdiction. For any disputes between you and Docklyne that involve a claim of more than $10,000, you specifically consent to personal and exclusive jurisdiction by and venue in the State courts of Mecklenburg County, North Carolina. Each party shall bear its own costs in connection with any dispute resolution proceeding. THIS SECTION LIMITS YOUR ABILITY TO GO TO COURT FOR CERTAIN MATTERS. IF YOU WANT TO OPT OUT OF USING BINDING ARBITRATION FOR SUCH MATTERS, THEN YOU MUST NOTIFY US IN WRITING WITHIN THIRTY DAYS OF YOUR FIRST USE OF THE DOCKLYNE PLATFORM. YOU CANNOT OPT AFTER THE THIRTY DAYS HAVE PASSED.
2. Notice for California Users. Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
3. Miscellaneous.
   1. If any part of these Terms of Use is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
   2. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Docklyne as a result of this Agreement or use of the Docklyne Platform.
   3. These Terms of Use constitute the entire agreement among the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Docklyne with respect to the Docklyne Platform. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Docklyne Platform or any of its Services. Docklyne may revise these Terms of Use at any time by updating this posting. You should review the Agreement from time to time to determine if any changes have been made to the Agreement. Your continued use of the Docklyne Platform after any changes have been made to this Agreement signifies and confirms your acceptance of any changes or amendments to this Agreement.
   4. The failure of Docklyne to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Docklyne must be in writing and signed by an authorized representative of the Docklyne.
   5. The section titles in the Agreement are for convenience only and have no legal or contractual effect.
   6. Please report any violations of this Agreement to Docklyne at info@docklyne.com If you have any questions regarding this Agreement, please contact us at info@docklyne.com.