Last Revised: April 18, 2024
These Terms of Service (“Terms”) are a legal agreement between you and Dock Labs, Inc. (“Dock,” “we,” “us,” or “our”) 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 or otherwise made available by Dock (collectively, the “Site”). By using or accessing the Service or Site in any way, you agree to and accept these Terms, our Privacy Policy at http://www.dock.us/legal/privacy, which describes how we collect and use certain information about you, and any other legal notices or guidelines posted on the Site. If you are using or accessing our Service or Site for an organization, you are agreeing to these Terms on behalf of that organization and represent that you are authorized to do so. These Terms will also apply when you use or access the Service or Site at no cost or on a trial basis. If you do not agree to these Terms, do not use or access the Service or Site. You are prohibited from creating or using a Dock account or otherwise using the Service or Site if you are not legally capable of entering into contracts. For example, if 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. Individuals under the age of 13 are prohibited from creating or using accounts through dock.us.
If applicable, the Service you are subscribing to is described in the order form(s) executed by you and Dock (each, an “Order Form”). All Order Forms are incorporated into these Terms by reference.
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 such space. Account Holders may choose to grant access to the Private Shared Space to other users (“Users”) of their choosing. Users will be required to provide a valid email address to access the Account Holder’s Private Shared Space. Dock uses User email addresses solely to administer access to your Private Shared Spaces. Dock will never contact your Users directly without your prior written permission, unless otherwise stated in these Terms. You will not make the Service available to anyone other than Users.
For as long as we continue to offer the Service, we will seek to update, improve, and expand the Service. From time to time, Dock may provide upgrades, patches, enhancements, modifications, or fixes for the Service. Any such updates to or new features or functionality of the Service, including the release of new Dock tools and resources, shall be deemed part of the Service and subject to these Terms.
To use the Service or Site, 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 a connection to the Internet, including a web-enabled computer. You may not access the Service by any means other than through the 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 security and confidentiality of your password and account, and for all activities that occur under your account. In consideration for your use of the Service, you agree to maintain 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.
Our Privacy Policy at http://www.dock.us/legal/privacy, which is part of these Terms, describes how we collect, protect, and use certain information about you, including Registration Data. We encourage you to read our Privacy Policy, and to use the information it contains to help you make informed decisions regarding your information.
You are solely responsible for maintaining the security of your account and Private Shared Spaces and for all activities that occur or actions taken under your account or in connection with the Service, including those of your Users. You will use commercially reasonable efforts to prevent unauthorized access to or use of your account and agree to immediately notify us in writing of any unauthorized uses of your account or any other breaches of security. We will not be liable for any loss or damage due to 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 or your Users’ acts or omissions or those of any third party, including damages of any kind incurred as a result of such acts or omissions.
6.1 Subject to these Terms (and, if applicable, any terms and conditions in the Order Form) and your payment of any Fees (defined below) for the Service, we grant you a non-exclusive, limited, non-sublicensable, non-transferable, right and license to internally access and use the Service described on each Order Form for the applicable Order Form term set forth therein.
6.2 Dock or our licensors own(s) all right, title, and interest in and related to the Service and Site, (for example, the “look and feel” of the Service and Site and any software and content used or displayed in connection therewith), including all associated intellectual property rights, as well as any improvements, related knowledge or processes, and derivative works thereto. The Service and Site 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 its licensors, that are protected by U.S. and international copyright, trademark, patent, trade secret, and/or other intellectual property or proprietary rights laws. Except as otherwise specifically provided in these Terms, no portion of the Service or Site 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.
6.3 Reserved.
6.4 You will not (and will ensure your Users do not) store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, resell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, or decipher (or otherwise attempt to discover any programming code or any source code used in or with),- the Service or Site, or otherwise distribute in any way the Service or Site other than as specifically permitted in these Terms. You may not (and will ensure your Users do not) (a) sell, assign, sublicense, grant a security interest in, or otherwise attempt to transfer any right in the Service or Site, create derivative works based on or in any manner commercially exploit the Service or Site, in whole or in part, other than as expressly permitted in these Terms; or (b) store or transmit infringing or otherwise unlawful material or store or transmit malicious code or material on the Service or Site or interfere with or disrupt the integrity, security, or performance of, or information or content contained on, the Service or Site. You will (and will ensure your Users) use the Service and Site only in accordance with these Terms and applicable laws and regulations and otherwise comply with applicable laws and regulations in connection with these Terms. Any use of the Service or Site for any purpose other than as specifically permitted herein is expressly prohibited.
6.5 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.
6.6 Dock owns and has the unrestricted right to use and incorporate into the Service, Site, or other Dock offerings, any suggestions, enhancement requests, recommendations, or other feedback provided by you, including Users, relating to the Service or Site.
6.7 Dock may use and disclose de-identified and/or aggregated transaction or behavioral data derived from your use of the Service and Site (collectively, “Service Data”). Service Data does not identify, and cannot be linked specifically to, you or your Users. Dock owns all Service Data and uses it to operate, improve, and analyze the Service and Site. Dock may also use and disclose Service Data to promote and market the Service, Site, and/or Dock’s other offerings, subject to restrictions under applicable law.
We reserve all rights not expressly granted in these Terms.
All information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services, or other materials you upload, post, transmit, or otherwise make available via the Service, including, but not limited to, on a Private Shared Space (your "Content") are the sole property of the person or entity from which such Content originated or was licensed. As between you and Dock, you own and control and are responsible for all Content, including the accuracy and legality of, and the means by which you acquire, any Content. You are responsible for creating back-up copies of your Content.
You give us your express consent, 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). For clarity, you grant us and our subsidiaries, affiliates, and successors, a worldwide, non-exclusive, royalty-free, fully-paid, transferable, irrevocable and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and display your Content throughout solely for the purpose of providing the Service to you, including through your Private Shared Space. Dock may disclose your Content to third party service providers that we retain to help provide and operate the Service and Site. Dock will remain responsible for the acts and omission of such service providers.
Dock will maintain industry-standard administrative, physical, and technical safeguards designed to protect the security, confidentiality, and integrity of your Content.
8.1 By using the Service or Site, you may be exposed to content or other information or material that is offensive, indecent, or objectionable. Under no circumstance 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 your (or your Users’) use of your Content or any other content posted, transmitted, or otherwise made available via the Service or Site. You acknowledge that we do not pre-screen your Content, but that we shall have the right (but not the obligation) to refuse, remove or delete any Content. We shall also have the right to remove any of your 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 posted, transmitted, or otherwise made available via the Service or Site. You acknowledge and agree that we may preserve and/or disclose your Content if required to do so by law or if we have a good faith belief that such preservation and/or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that your Content violates the rights of third-parties; or (d) protect our rights, property, business, and/or personal safety and those of our other customers and/or the public.
8.2 You will not (and will ensure your Users do not) upload, post, transmit, or otherwise make available any Content that:
Further, you will not (and will ensure your Users do not):
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. We retain the right to terminate or suspend, at any time, any account, Account Holder, and/or User who has violated any of the above prohibitions or these Terms.
Our Service 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 and are in no way responsible for the Commercial Products themselves or the use thereof. 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 us with Registration Data, as set forth above. 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, and/or the last four digits of the credit card on file with your account.
When a buyer purchases Commercial Products, payments will be processed through our third party payment service provider. Buyers of Commercial Products will be provided a notice when entering their payment information directing them to the third party payment service provider’s terms of service and privacy policy. These payment services are governed solely by the payment service provider’s terms of service and privacy policy. We are not responsible for the actions of these third party service providers. In addition to the other rules, obligations, and requirements described in these Terms, you must follow the rules listed below when offering, selling, or purchasing Commercial Products.
YOU WILL NOT offer or sell any Commercial Products that:
Dock’s service levels and support terms are described at https://www.dock.us/legal/sla. We reserve the right to limit or cease phone or chat support if you consume a disproportionate amount of such customer support or otherwise negatively affect our ability to provide support to other customers, as determined by us in our discretion.
11.1 Some of the features of the Service require payment of fees, as described on the Site (“Fees”). If you sign up for these features, you must pay all applicable Fees for the Order Form term, each as set forth in an Order Form. Dock may change the Fees for the Service from time to time, provided that any pricing changes will not be effective until the start of your next renewal term.
11.2 All Fees will be paid in advance of the applicable Order Form term. All Order Forms are non-cancelable and all Fees are non-refundable, unless otherwise agreed to by the parties. Unless otherwise set forth in an Order Form, all invoices will be paid within thirty (30) days of receipt. Past due Fees are subject to interest of the lesser of one and one half percent (1.5%) per month or the maximum amount permitted by law. 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 subscribe to a Service 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 the Service subscribed to; and (b) any applicable Taxes in connection with your use of the Service, 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 due to us.
12.1 These Terms start when you first use or access the Service or Site or on the effective date of the first Order Form between you and Dock, as applicable, and continue until all subscriptions hereunder have expired or been terminated.
12.2 Subscriptions to the Service commence, as applicable, (a) when you first use or access the Service or Site; or (b) on the start date specified in the Order Form and continue for the term specified therein. If you are using or accessing the Service or Site on a no cost or trial basis, you may cancel your subscription with us at any time, subject to Section 12.3 below. If you are a paying customer, you may agree to a one (1) month or twelve (12) month subscription term with Dock and, following your initial subscription term, your subscription will, unless otherwise agreed to by the parties, automatically renew for an additional term of the same length as the immediately preceding term, and your preferred payment method will be charged accordingly, unless either party gives the other party written notice (email acceptable) of non-renewal at least thirty (30) days prior to the end of the then-current term.
12.3 Either party may terminate these Terms (or your subscription) if the other party has not cured a material breach hereof (or thereof) within twenty (20) days of receiving a written breach notice from the other party. Notwithstanding anything to the contrary herein, if you are using or accessing the Service or Site on a no cost or trial basis, you may terminate these Terms (or your subscription) at any time upon thirty (30) days written notice to us.
12.4 Upon any expiration or termination, you will immediately cease any further use of the Service and Site and you will no longer have access to your Private Shared Space(s). We may also, if applicable, choose to downgrade your account from a paid account to a free account, in which case you will be able to access your Content, but not create new Private Shared Spaces.
12.5 In addition to any of Dock’s other rights or remedies in these Terms, we may, in our reasonable discretion, deactivate your account and/or suspend provision of the Service, upon prior written notice to you as the circumstances permit (a) if Fees are overdue thirty (30) days or more; (b) if we deem such suspension necessary as a result of your breach of Sections 6, 8, or 9; (c) if we reasonably determine suspension is necessary to avoid material harm to us (including the security of the systems used to provide the Service or Site) or our other customers; or (d) as required by law or at the request of governmental entities.
12.6 Any terms that by their nature extend beyond expiration or termination of these Terms shall survive.
13.1 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 in sponsor advertisements, 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 Service or Site. Dock does not approve, 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 Service or Site, is solely in accordance with all relevant laws and any terms and conditions, terms of service, and/or privacy policies applicable to such Third Party Materials. You are solely responsible for reviewing, agreeing to, and complying with any such terms before you use any Third Party Materials, which you do so at your own discretion and risk. If you do not agree to the third party’s terms, do not download or use the Third Party Materials. Your use of any Third Party Materials accessible through the Service or Site does not transfer to you any right, title, or interest in or to the Third Party Materials beyond the terms contained in the third party provider’s terms. In no event shall Dock be liable to you or any third party for your use or alleged use of any Third Party Materials. By way of example, you are solely responsible for ensuring that your (and your Users’) use of any “professional photos” or “free photos” made available through the Service, is solely in accordance with all relevant laws and any terms or conditions applicable to such Third Party Materials.
13.2 If you install or enable third party applications for use with the Service, you consent to Dock disclosing your Content to such provider for the interoperation of the third party application(s) with the Service. We are not responsible for any disclosure, modification, deletion, loss, or unauthorized use of your Content resulting from any such access by third party applications installed or enabled by you. Dock is not responsible for the performance, operation, or continued availability of any third party application. As between the parties, you are solely responsible for identifying and complying with the applicable third-party terms and conditions for installed or enabled third party applications.
13.3 Dock uses third party payment processors to assist us in securely processing your payment information. Such third party processors’ use of your personal information is governed by the applicable processor’s privacy policy which may or may not contain privacy protections as protective as the Dock Privacy Policy.
14.1 By Us. We will defend and indemnify you and your officers, directors, employees, and agents from and against all third party claims, and pay all agreed to settlements or finally awarded damages, losses, and expenses, arising out of an allegation that the Service or Site (in each case as made available to you for use in accordance with these Terms) infringes or misappropriates such third party’s intellectual property rights. Notwithstanding the foregoing, we will have no obligation under this paragraph and will not otherwise be liable to the extent the claim is based on (a) use of the Service or Site in combination with any hardware, software, data, content, or other component not provided by us; (b) your Content; or (c) your or your Users’ use of the Service or Site other than in accordance with these Terms.
If we believe that the Service or Site is or may become the subject of a claim of infringement, we may, at our option and expense, procure for you the right to use the Service or Site, or modify or replace the Service or Site with a functional equivalent that is non-infringing. If we reasonably conclude that neither of these alternatives is reasonably available, we may require you to cease use of the Service and/or Site upon written request and terminate these Terms, in which case you would be entitled to a refund of any prepaid fees for the period after the effective date of termination.
14.2 By You. You will defend and indemnify us and our officers, directors, employees, and agents from and against all third party claims, and pay all agreed to settlements or finally awarded damages, losses, and expenses, arising out of (a) an allegation that your Content infringes or misappropriates such third party’s intellectual property rights; or (b) your violation of applicable laws or regulations.
14.3 Procedures. The person or entity seeking indemnification hereunder will provide detailed written notice to the indemnifying party promptly after learning of the claim, provided the indemnifying party will not be obligated to indemnify to the extent it is materially prejudiced by any delay in such notice. The indemnifying party will have the right to assume sole control of the defense and settlement of the claim, provided that the prior, written agreement of the indemnified party will be required in order to enter into any settlement that does not include a full release of the indemnified party or that requires any admission of wrongdoing by the indemnified party. The indemnified party (a) will provide reasonable assistance in the defense and settlement of the claim, at the indemnifying party’s reasonable expense; and (b) may engage its own counsel at its own expense.
15.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE, USAGE OF TRADE, OR COURSE OF DEALING, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
15.2 WE ARE NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA OR CONTENT, REVENUE, OR OTHER HARM TO YOUR BUSINESS ARISING OUT OF DELAYS, MISDELIVERY, OR NONDELIVERY OF INFORMATION, UNAUTHORIZED USE DUE TO YOU SHARING ACCESS TO THE SERVICE, OR OTHER INTERACTIONS YOU HAVE WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR CONTENT. DOCK DOES NOT WARRANT THAT (A) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY COMMERCIAL PRODUCTS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
15.3 ANY DATA, INFORMATION OR CONTENT CONTAINED IN OR MADE AVAILABLE IN CONNECTION WITH THE SERVICE OR SITE ARE NOT INTENDED AS A SUBSTITUTE FOR THE KNOWLEDGE, EXPERTISE, SKILL, AND JUDGMENT OF TAX, LEGAL, OR OTHER PROFESSIONALS. THE SERVICE DOES NOT PROVIDE TAX OR LEGAL ADVICE. YOU ARE RESPONSIBLE FOR OBTAINING SUCH ADVICE AND WE ENCOURAGE YOU TO DO SO PRIOR TO, AND IN CONJUNCTION WITH, USING OUR SERVICE OR SITE.
15.4 NEITHER DOCK NOR ANY THIRD PARTY PROVIDERS, LICENSORS, OR AFFILIATES, WARRANT THAT THE SERVICE, SITE, OR ITS SERVERS, OR ANY EMAIL SENT FROM THE SERVICE OR SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
15.5 DOCK AND ITS LICENSORS MAKE NO WARRANTY OR REPRESENTATION THAT THE SERVICE OR SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS.
TO FULLEST THE EXTENT PERMITTED BY APPLICABLE LAW, (A) NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY OR ANY OTHER PERSON UNDER THESE TERMS FOR ANY 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 A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES;
AND (B) EXCEPT FOR THE INDEMNIFICATION OBLIGATIONS HEREIN, EACH PARTY’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO 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 GIVING RISE TO SUCH LIABILITY, OR, IF NO FEES HAVE BEEN PAID OR ARE PAYABLE, USD$1,000.00.
We want to try to address your concerns or issues before you file a claim against Dock. Please contact us at support@dock.us. We'll contact you by email to attempt to informally resolve the dispute. You or Dock may start formal dispute resolution if a dispute is not informally resolved within thirty (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). WE EACH ACKNOWLEDGE AND AGREE THAT YOU ARE 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.
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 these 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 attorneys’ 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 attorneys’ 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 Service. 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.
18.1 The parties may exchange Confidential Information in connection with these Terms. “Confidential Information” means all information disclosed by a party (“Discloser”) that should reasonably be understood by the other party (“Recipient”), because of markings, the circumstances of disclosure, or the nature of the information itself, to be confidential to Discloser. Confidential Information may be disclosed in writing, electronically, or by any other means. Confidential Information does not include information that (a) is now, or hereafter, becomes generally known or available to the public, through no act or omission of Recipient; (b) was known by Recipient, without restrictions, prior to receiving such information from Discloser; (c) is rightfully acquired by Recipient, without restrictions, from a third party who has the right to disclose it; or (d) is independently developed by Recipient without use of or reference to Discloser’s Confidential Information. The Service is deemed Dock Confidential Information and your Content is deemed your Confidential Information.
18.2 Recipient will (a) take reasonable steps to protect Discloser’s Confidential Information from unauthorized access, use, or disclosure similar to those steps it would take to protect its own, similar information; (b) not disclose Confidential Information to any third party except with Discloser’s written consent or as required by applicable laws, regulations, or legal process; and (c) not use Discloser’s Confidential Information other than in connection with these Terms. Recipient may disclose Confidential Information to its employees, representatives, and other agents (“Representatives”) who have a need to know the Confidential Information for purposes of these Terms, and who are required to protect the Confidential Information pursuant to a written agreement with restrictions at least as protective as those herein. Confidential Information specifically includes these Terms and their existence. The parties’ obligations with respect to Confidential Information will survive expiration or termination of these Terms for two (2) years.
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. We may modify or update these Terms from time to time by posting the modified or updated Terms to this website and updating the Last Revised date above. Modifications and updates will become effective upon posting. It is your responsibility to periodically review these Terms for any changes. Your continued use of the Service or Site after any modifications or updates constitutes your acceptance of these Terms, as updated. If you do not agree to these Terms or any updated Terms, you may not use or access (and/or shall immediately discontinue further use of and/or access to) the Service or Site.
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect. There are no third-party beneficiaries under these Terms. Each party is an independent contractor and neither party is an agent, distributor, or representative of the other. Except for payment obligations, neither party shall be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond such party’s reasonable control. No terms in a purchase order or other order documentation will be incorporated into these Terms, and all such terms are null and void. These Terms, and the rights and obligations hereunder, may not be assigned without the prior written consent of the non-assigning party, which will not be unreasonably withheld, provided that either party may assign these Terms, and the rights and obligations hereunder, to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their respective successors, and permitted assigns. Any assignment in violation of this provision is void and without effect. 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 state and federal 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 Dock and govern your use of the Service and/or Site, 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 Materials, content, or applications, 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 will remain in full force and effect. You give us your permission to use your name and logo(s) for the sole purpose of including them in our marketing materials. 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.