Posted on: 5/18/21
Effective Date: 5/18/21
These Terms of Service (“Terms”) are a legal agreement between you and Dock (as defined below) and govern your use and access to Dock’s private website creation service (“Private Shared Space”), including our Private Shared Space websites and other services (collectively the “Service”) that are made available through the website (www.dock.us) and associated domains owned by Dock (collectively, the “Site”) or otherwise made available by Dock. By using the Service in any way, you agree to and accept these Terms, our Privacy Notice, and any other legal notices or guidelines posted on the Site. If you are using our Service for an organization, you are agreeing to these Terms on behalf of that organization. These Terms will also apply when you use the Service on a trial basis. If you do not agree to these Terms, do not use the Service. When these Terms mention “Dock,” “we,” “us,” or “our,” it refers to the Dock Labs, Inc. company you are contracting with.
You are prohibited from creating or using a Dock account or otherwise using the Service if you are not legally capable of entering into contracts, for example, if you are not the age of you are not the age of majority in your country or region, you may only create or use a Dock account with the supervision and consent of a parent or guardian.
Our web-based Service allows users who register for an account (each an "Account Holder") to create and update a Private Shared Space online. Once registered, each Account Holder receives their own Private Shared Space and may post "Content" (defined in Section 8) to that Space. Account Holders may choose to grant access to the Private Shared Space to other users (“Clients”) of their choosing. Clients will be required to provide a valid email address to access the Account Holder’s Private Shared Space. Dock uses Client email addresses solely to control access to Private Shared Spaces—Dock will never contact your Clients at the provided email address without your prior written permission, unless otherwise stated in these Terms. Any new features on the Service, including the release of new Dock tools and resources, shall be subject to these Terms. To use the Service, you must have access to the Internet, either directly or through devices that access web-based content, and you must pay any fees associated with Internet access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a web-enabled computer. The Service may include certain communications from us, such as service announcements, administrative messages, and newsletters. These communications are considered part of Dock membership. You may not access the Service by any means other than through the Service interfaces we provide you.
To register as an Account Holder, you must provide us with a valid email address and other personal information ("Registration Data"). You will choose a password and account designation for your Private Shared Space(s) during the registration process and you will obtain a Dock ID. You are responsible for maintaining the confidentiality of the password and account, and for all activities that occur under your account. In consideration of use of the Service, you agree to maintain and update true, accurate, current and complete Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Dock has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof. In addition to the restrictions on selling set forth in Section 8 below, individuals under the age of 13 are prohibited from creating or using accounts through dock.us.
You are responsible for maintaining the security of your account and Private Shared Spaces, for all activities that occur or actions taken under the account or in connection with the Services. You agree to immediately notify us in writing of any unauthorized uses of the account or any other breaches of security. We will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Dock or any of its affiliates, subsidiaries, officers, directors, or employees be liable, in any way, for any of your acts or omissions or those of any third party, including damages of any kind incurred as a result of such acts or omissions.
The Site and Service are owned by Dock. The Site and Service use and display content, features, and functionality, including but not limited to proprietary software, inventions, copyrights, trademarks, trade dress, service marks, logos, slogans, and taglines, owned by Dock or other unaffiliated third parties, that are protected by U.S. and international copyright, trademark, patent, trade secret and/or other intellectual property or proprietary rights laws. No portion of the Site or Service may be copied, reproduced, displayed, transmitted, or otherwise used for any purpose without the prior written permission of Dock or the respective third-party intellectual property owner, or except as otherwise specifically provided herein. We reserve all rights not expressly granted in these Terms.
The Service, all confidential and proprietary software used in connection with the Service, Materials (as defined below), content contained in sponsor advertisements or in information presented to you through the Service or by advertisers, and all other materials and services provided by or through Dock are protected by copyright, trademark, trade secret, or other intellectual property laws. You are solely responsible for ensuring that your use of such Materials, including any “professional photos” or “free photos” made available through the Service, is done solely in accordance with all relevant laws, and any terms or conditions applicable to such Materials. In no event shall Dock be liable to you or any third party for your use of Materials in violation of law, or any terms or conditions applicable to such Materials.
“Materials” means any and all software, text, software documentation, designs, "look and feel," layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted, as well as all derivative works thereof, in each case, made available by or through Dock or the Service.
You may use the Materials to the extent, and only to the extent, necessary to access and use the Service in accordance with these Terms and, in the case of Materials owned by third parties made available to you by or through Dock or the Service, any third-party terms or conditions applicable to such Materials. This permission does not permit you to store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher (or otherwise attempt to discover any programming code or any source code used in or with the Materials), or otherwise distribute in any way the Materials other than as specifically permitted in these Terms. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Service or Materials, create derivative works based on or in any manner commercially exploit the Service or Materials, in whole or in part, other than as expressly permitted in these Terms. Any use of the Service or Materials for any purpose other than as specifically permitted herein and in any relevant third-party terms of service is expressly prohibited. We reserve all rights not expressly granted in these Terms.
All trademarks, service marks, logos, slogans, and taglines (individually and collectively, “Mark” or “Marks”) are the property of Dock or their respective owners. Except as otherwise specifically provided herein, no license or right to use any Mark is granted to you without the express written permission of Dock or the respective third-party Mark owner.
Dock does not claim ownership of your Content (as defined below), but you give us your permission worldwide to host your Content on the Service and to perform all acts necessary to host your Content on the Service (such as making copies, reformatting, and distributing your Content). In other words, you grant us and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and display your Content throughout the world on your Private Shared Space. In addition, you also give us your permission to use your Private Shared Space logo(s) for the sole purpose of including the logo(s) in our marketing materials. Dock will not use or disclose any Content submitted to the Service for any other purpose without obtaining your prior written permission.
All information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials you post on a Private Shared Space via the Service ("Content") are the sole property of the person or entity from which such Content originated or was licensed. You are responsible for all Content that you upload, post, transmit or otherwise make available via the Service. We do not control the Content you post via the Service. Your Content does not include non-personally identifiable buyer/seller transaction or behavioral data derived from the use of Dock’s platform (collectively, “Platform Data”). Dock owns all Platform Data and uses it for Service operations, improvements, and analytics. You are also responsible for creating back-up copies of your Content.
By using the Service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will we be liable for your Content or the content of any third party, including, but not limited to, for any errors or omissions in your Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that we do not pre-screen Content, but that we shall have the right (but not the obligation) to refuse, move or delete any Content that is available via the Service. We shall also have the right to remove any Content that violates these Terms or is otherwise objectionable in our sole discretion. You must evaluate, and bear all risks associated with, the use of any Content. You may not rely on any Content created by us. You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect our rights, property, or personal safety and those of our users and the public.
The technical processing and transmission of the Service, including Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You will not:
Upload, post, transmit or otherwise make available any Content that:
We retain the right to terminate any account or user who has violated any of the above prohibitions.
Some of our Services and Materials may offer you the opportunity to sell or purchase goods and services through Private Shared Spaces hosted by Dock (such goods and services, “Commercial Products”). We are merely providing the platform for buyers and sellers of goods and services to conduct transactions for these Commercial Products. In order to sell through Dock, you must be 18 years or older or at least the age of majority in the country where you live, and you must provide your full legal name, current address, valid email address, and any other information requested by us. In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
YOU WILL NOT offer or sell any Commercial Products that:
For purposes of this section, “Personal Information” means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly with a particular consumer or household that is processed by Dock in connection with the Service.
For purposes of this section, “process”, “sell”, and “business purpose(s)” have the meaning ascribed to them in the California Consumer Privacy Act of 2018, Cal. Civ. Code § 1798.100 et seq. We may receive Personal Information for the purpose of performing the Service on your behalf as described in these Terms. We agree that we will process such Personal Information on your behalf and will not (a) sell the Personal Information; (b) retain, use or disclose the Personal Information for any purpose other than providing to you the Service specified in these Terms, and any other applicable terms and agreements between you and Dock. As part of and for purposes of facilitating the Service, Dock may (a) deidentify or aggregate the Personal Information; and (b) process the Personal Information for operational purposes, including, without limitation, verifying or maintaining the quality and safety of the Service; improving, updating or enhancing the Service, either for you or for our customers generally; and complying with our legal obligations. You acknowledge and agree that Personal Information that you disclose to Dock is provided to Dock for the parties’ business purposes.
You may agree to a one (1) month or twelve (12) month contract agreement with Dock. Some of the features on the Service require payment of fees, as described for each Service on the Site (“Fees”). If you sign up for these features, you must pay all applicable feature Fees. We reserve the right to change our prices and/or bundle certain parts of the Service together for pricing purposes, and may do so at any time. You authorize us to make any reasonably necessary inquiries to validate your account and financial information.
All Fees are in USD and do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). It is your responsibility to determine what, if any, Taxes apply to the payments you make or receive, and it is solely your responsibility to assess, collect, report and remit the correct Taxes to the appropriate authority. If you purchase any Services that we offer for a Fee, you consent to Dock, or our third party service providers, storing your payment card information and you authorize us to charge you (a) any Fees for Services you may purchase, and (b) any applicable Taxes in connection with your use of the Services to the payment card you provide, and you will reimburse us for all costs associated with the collection of any overdue amounts, including any interest due for the same. If the payment card you provide expires and you do not provide new payment card information or cancel your account, you authorize us to continue billing you and you will remain responsible for any uncollected Fees.
AT THE END OF THE CONTRACT TERM, YOUR CONTRACT WILL AUTOMATICALLY RENEW FOR AN ADDITIONAL CONTRACT TERM OF THE SAME LENGTH UNTIL EXPLICITLY CANCELLED BY YOU, AND YOUR PREFERRED PAYMENT METHOD WILL BE CHARGED ACCORDINGLY. YOU MAY TURN OFF THE AUTO-RENEW FEATURE FOR YOUR CURRENT CONTRACT AT ANY TIME. YOU MAY SEND CANCELLATION REQUESTS BY CONTACTING US THROUGH YOUR ACCOUNT HOLDER DASHBOARD OR BY CONTACTING US BY PHONE OR EMAIL.
If you cancel the Service, your cancellation will take effect immediately. After cancellation, you will no longer have access to your Private Shared Space(s) and we may delete all information on your Private Shared Space(s). We accept no liability for such deleted information or content.
For as long as we continue to offer the Service, we will provide and seek to update, improve, and expand the Service. As a result, we allow you to access the Service as it may exist and be available on any given day and have no other obligations, except as expressly stated in these Terms. We may modify (e.g., change data storage or capacity limits), replace, refuse access to, suspend or discontinue the Service, partially or entirely, or change and modify prices for all or part of the Services we offer in our sole discretion. All of these changes are effective upon their posting on our site or by direct communication to you unless otherwise noted. We further reserve the right to withhold, remove and or discard any Content available as part of your account, with or without notice if deemed by us, in our sole discretion, to be contrary to these Terms. For avoidance of doubt, we have no obligation to store, maintain, or provide you a copy of any Content that you or others provide when using the Service. We also reserve the right to limit or cease phone or chat support to you if you consume a disproportionate amount of such customer services or otherwise negatively affect our ability to provide support to other customers (as determined in our sole discretion).
Dock is not responsible or liable for any loss or damage incurred as a result of your use of any third party’s service, product, software, or website, including but not limited to any Content thereon such as text, documents, designs, images, clips, photographs, videos, artwork, graphics, audio, audio-visual files, messages, interactive and instant messaging, posts, functions, integrations, embedded files, documents, or other materials (collectively, “Third Party Materials”) whether or not you were linked to or directed to any Third Party Materials by or through the Site or Service. Dock does not endorse or assume responsibility for any Third Party Materials and makes no guarantee regarding the reliability, accuracy, nature, origin, quality, or use of such Third Party Materials. You are solely responsible for ensuring that your use of any Third Party Materials, including those made available by or through the Site or Service, is done solely in accordance with all relevant laws, and the terms and conditions of any applicable licenses or other agreement. In no event shall Dock be liable to you or any third party for your use or alleged use of any Third Party Materials.
Further, Third Party Materials, such as email, e-commerce and payment services may be subject to the applicable third party terms of service and privacy policies, and you are solely responsible for reviewing, agreeing to, and complying with any such terms before you use any Third Party Materials. Your use of any Third Party Materials is at your own discretion and risk. If you do not agree to the third party’s terms of service or license agreement, do not download or use the Third Party Materials. Your use of any Third Party Materials obtained through the Service does not transfer to you any rights, title, or interest in or to the Third Party Materials beyond the terms contained in the third party provider's terms of service or license. Any reference on the Site to any Third Party Materials is not an approval or endorsement by us of such Third Party Materials.
You will not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission, which may be in the form of a separate written agreement with Dock.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCEPT FOR THE INDEMNIFICATION OBLIGATIONS HEREIN, EACH PARTY’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED AN AMOUNT EQUAL TO THE FEES PAID OR PAYABLE BY YOU DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE INITIAL EVENT CAUSING OR RESULTING IN SUCH LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AS SET FORTH IN SECTIONS 16 AND 17. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
The materials on the Service are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of our proprietary rights in them.
We want to address your concerns or issues before filing a claim against Dock. Please contact us at firstname.lastname@example.org. We'll contact you by email to informally resolve the dispute. You or Dock may start a formal dispute resolution process if a dispute is not resolved within 30 days of your submission.
YOU MAY ONLY RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS AND YOU WILL NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION (E.G., CLASS ACTION, CLASS ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR CONSOLIDATION WITH OTHER ARBITRATIONS).
Any claim relating to these Terms that is not resolved through our informal process, or as set forth below, will be resolved finally and exclusively by binding individual arbitration with a single arbitrator (the “Arbitrator”) administered by the American Arbitration Association (https://www.adr.org) according to this Section and the applicable arbitration rules for that forum. The Arbitrator shall be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are enforceable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. Subject to applicable jurisdictional requirements, you may elect to pursue your claim in your local small-claims court rather than through arbitration so long as your matter remains in small claims court and proceeds only on an individual (non-class or non-representative) basis. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to a transaction intended for a personal, household, or family use, any arbitration hearing will occur within the county where you reside. Otherwise, any arbitration hearing will occur in San Francisco, California, or another mutually agreeable location. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. While an arbitrator may award declaratory or injunctive relief, the Arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim. An Arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect in any other case or arbitration. Dock will reimburse the arbitration fees due to the American Arbitration Association for individual arbitrations brought in accordance with this section for all claims totaling less than $10,000 unless the Arbitrator determines that your claims were frivolous. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may seek to recover those fees from the arbitrator. For any claim where you are seeking relief, we will not seek to have you pay our attorney’s fees, even if fees might otherwise be awarded, unless the Arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and Dock also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of the Services. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases as discussed above) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City and County of San Francisco, California, or federal court for the Northern District of California. If any part of these Terms is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.
Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Service, or to enforce intellectual property rights (e.g., copyright, trademark, trade secret, or patent rights) without first engaging in our informal dispute resolution process or arbitration. In the event this agreement to arbitrate does not apply to you or your claim, any judicial proceeding will be brought in the federal or state courts of San Francisco County, California. You and Dock agree to submit to the personal and exclusive jurisdiction of the courts in San Francisco, California. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
Under California Civil Code Section 1789.3, users of the Service from California 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 (916) 445-1254 or (800) 952-5210.
We may provide notices to you via either email or regular mail. The Service may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Service. These Terms and the relationship between you and Dock shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Dock agree to submit to the personal and exclusive jurisdiction of the courts located within San Francisco, California. The failure of Dock to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements (including, but not limited to, any prior versions of these Terms). You also may be subject to additional terms and conditions that may apply when you use affiliate or other services, third-party content or third-party software. If any provision of these Terms or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action brought by you arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. You acknowledge and agree that you are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, more than one person's claims may not be consolidated under any circumstances, in any form of any class or representative proceeding or otherwise.