DockIQ™ Service Agreement
- The Service. “DockIQ Service” or” Service” means access and use of DockIQ’s proprietary services which consist of use of the DockIQ hardware and mobile applications, any updates thereto, and any associated services.
- Term. This Service Agreement will begin on the date it is accepted by you and will continue until terminated by either party as provided for herein.
- License. DockIQ hereby grants to you, during the term of the Service Agreement, a non–exclusive license to use and access the DockIQ Services selected by you and paid for by you in accordance with the terms of this Service Agreement.
- Financial Terms. In exchange for the use and access to the DockIQ Services, you agree to pay DockIQ the associated fees for the selected Services as set forth in the initial sign on screen, as they may be adjusted from time to time. If you fail to pay any charges when due, DockIQ may charge interest at 1.5% per month on any outstanding balance.
- Billing and Account Information. You will provide DockIQ with accurate and complete billing and personal identification and notification information. You agree to update such information as needed to maintain its accuracy. You authorize DockIQ to automatically process payment against such billing information for all fees due, and such authorization is to remain in full force and effect until the termination of this Agreement. You acknowledge and agree that any bank account, credit card, or other billing payment information you provide DockIQ will be used with our payment processors and/or credit agencies solely for the purposes of effecting payment to DockIQ and servicing your account. You, not DockIQ, will be solely responsible for any additional charges or expenses (e.g., overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by DockIQ.
- LIMITATION OF LIABILITY. DockIQ shall not be liable to you for any action or omission by it or any of its officers, employees, contractors, or agents, except in the case of gross negligence or willful misconduct. DockIQ shall not be liable to you for any indirect, special, incidental or consequential damages, or lost profits. Furthermore, in no event shall DockIQ’s liability to you exceed the sums paid to DockIQ for the Services it provides to you under thIS AGREEMENT.
- Governing Law, Forum Selection, Attorneys Fees, and JURY TRIAL WAIVER. This Service Agreement shall be governed by and shall be construed in accordance with the laws of the State of Georgia, without regard to the principles of conflicts of laws. The County and District Courts in and for Hall County, Georgia shall have exclusive jurisdiction and be the exclusive venue for any dispute arising out of this Agreement or the course of conduct between the parties. The parties hereby submit to the personal jurisdiction of these Courts. If any legal proceeding is commenced to interpret or enforce this Service Agreement, the prevailing party therein shall be entitled to an award of reasonable attorneys’ fees and costs, including the fees and costs expended in determining entitlement to and the amount of such fees and costs. BY ENTERING INTO THIS SERVICE AGREEMENT, THE PARTIES KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL AS TO ANY CLAIMS A PARTY MAY CLAIM TO HAVE AGAINST THE OTHER WHICH ARISES OUT OF THIS SERVICE AGREEMENT OR THE COURSE OF DEALINGS BETWEEN THE PARTIES.
- Miscellaneous. Each party shall be and act as an independent contractor and not as partner, joint venture, or agent of the other. This Service Agreement and the rights, obligations and licenses herein, shall be binding upon, and inure to the benefit of, the parties hereto and their respective heirs, successors, permitted assigns, and personal representatives. You shall not assign this Service Agreement in whole or part without the prior written consent of DockIQ. This Service Agreement contains the entire understanding of the parties regarding the subject matter hereof and supersedes all other agreements and understandings, whether oral or written. Any waiver by either party of any breach of this Service Agreement shall not constitute a waiver of any other or subsequent breach.
Description of Service
DockIQ helps our customers ("Customer,” “End-User," or "you"), through our hardware, mobile applications, and associated services, to monitor docks, watercraft, water conditions, and related marine data to protect themselves and their property, and to get better use out of their docks and watercraft. Among other things, the Service helps monitor water levels (which may indicate the need to move the dock), tracks the location of the dock and watercraft in the case of unmooring or theft, detects movement on the dock and watercraft, and (if enabled) monitors the water around the dock for unsafe levels of electricity. The Service also offers alerts, based on the User’s settings, to alert the Customer of certain conditions so the Customer can address the issue (for example, move the dock or alert authorities of a theft in progress).
In the end, however, DockIQ is only an information provider which provides the Customer with an additional layer of protection. It is up to you to take action based on the information provided. For example, if DockIQ detects the presence of unsafe levels of electricity in the water or water levels that require moving a dock, it is up to you to take appropriate action to remedy the situation. DockIQ cannot act for you; it can alert you that action is needed. For this reason, you agree that DockIQ will not be liable for any damages suffered by you or your invitees due to your failure to take remedial action in response to an alert.
Moreover, DockIQ’s ability to provide you information is dependent on some things outside of its control. For example, alerts can only be delivered if all the necessary telecommunication services are working and your mobile device settings are properly enabled. For this reason, you agree that DockIQ will not be liable for any damages suffered by you, or your invitees due to failures beyond DockIQ’s control.
Even the best technology cannot take the place of common sense. When using DockIQ, do not ignore apparent dangers or fail to use common sense. DockIQ cannot guaranty the safety of anyone or anything, but it can assist you in making good decisions by providing the best information available.
“User” means any Customer authorized to use the Service under the Agreement.
“Dock IQ Products” means DockIQ’s proprietary hardware and software systems and mobile applications for the dockage and watercraft industry, as such change from time to time.
“DockIQ Service” or “Service” means access and use of DockIQ’s proprietary services which consist of use of the DockIQ hardware and mobile applications, any updates thereto, and any associated services.
“User Materials” means any knowledge base, tour or tip functionality, or on-line help files or written instruction manuals provided by DockIQ regarding the use of the DockIQ Service.
Use of the Service
As a condition of your use of this Service, you warrant to DockIQ that you are at least 18 years of age and legally competent to agree to these Terms and to form a binding contract and that you will only use this Service for legitimate, lawful purposes for you or for another person for whom you are legally authorized to act. If you have a DockIQ account, you agree to safeguard your account information, keep it confidential, and to supervise and be completely responsible for any use of your account by anyone other than you. We retain the right at our sole discretion to deny access to this Service to anyone, at any time, and for any reason, including, but not limited to, a violation of the Agreement. The Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
Ownership, Copyright and Trademark Notices
DockIQ is and will remain the exclusive owner of all right, title and interest in and to the DockIQ Service, updates, User Materials, and all other DockIQ work product and/or other materials provided or accessible to you in connection with this Agreement, including all intellectual property rights therein. You acknowledge and agree that DockIQ and/or its licensors own all right, title and interest in and to the Service and the DockIQ Content and Collected Content, as defined herein, (including without limitation any and all patent, copyright, trade secret, trademark, show-how, know-how and any other intellectual property rights therein or related thereto), and you agree not to take any action(s) inconsistent with such ownership interests.
The Service, and all text, images, marks, logos and other content contained herein, including, without limitation, the "look and feel" of the Service (e.g., text, graphics, images, logos and compilation of the same), and all designs, text, graphics, pictures, information, data, software, other files, and the selection and arrangement thereof (collectively, the "DockIQ Content") is the proprietary property of DockIQ or its licensors and is protected by U.S. and international intellectual property, copyright, trademark and other laws. All contents of this Service are: © 2018 DockIQ. All rights reserved.
You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any DockIQ Content accessed through the Service, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any DockIQ Content or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
You may not modify or otherwise make derivative uses of the Service or any portion thereof. You may not reproduce, prepare derivative works from, distribute or display the Service or any site content (except for page caching), except as provided herein. Except as expressly permitted herein, any use of any portion of the Website or site content without the prior written permission of DockIQ is strictly prohibited. Unless explicitly stated herein, nothing in this Agreement may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
You may download or copy the DockIQ Content (and other items displayed on the Services for download) for personal use only (unless provided for otherwise in supplemental terms), provided that you maintain all copyright and other notices contained in such DockIQ Content. You shall not store any significant portion of any DockIQ Content in any form. Copying or storing of any DockIQ Content other than personal use is expressly prohibited without prior written permission from DockIQ or from the copyright holder identified in such DockIQ Content’s copyright notice. If you link to the Website, DockIQ may revoke your right to so link at any time, at DockIQ’s sole discretion.
DockIQ is not responsible for content on websites or applications operated by parties other than DockIQ. DockIQ and the DockIQ logo and all other product or service names or slogans displayed on the Service are registered and/or common law trademarks of DockIQ and/or its distributors or licensors. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof by DockIQ.
Your Content versus Collected Content
In using the DockIQ Service, you will provide to DockIQ your personal information and your billing information, which will be referred to herein as “Your Content.” Your Content specifically does not include all visual images and videos, audio, and GPS locations recorded during the course of your use of the DockIQ Service, which will be referred to herein as “Collected Content”. You hereby agree that DockIQ is the owner of the Collected Content, and as owner of the Collected Content, DockIQ has complete ownership and control of the Collected Content, including but not limited to, the right to use, store, copy, sell, distribute, modify, reformat, translate, and create derivative works of the Collected Content (including all related intellectual property rights) in connection with DockIQ’s provision of the Services, and to display the Collected Content in the DockIQ Services and to any authorized third party who accesses the Collected Content via the DockIQ Services. DockIQ hereby grants to you, during the term of this Agreement, a non-exclusive license to use and access the Collected Content in accordance with the terms of this Agreement. For clarity, you will remain the sole owner at all times of Your Content.
You warrant that you have all authorizations, consents, releases, and permissions necessary or desirable to provide Your Content and the Collected Content for use as part of the DockIQ Service, to use the DockIQ Service to process and store Your Content and the Collected Content, and to receive the DockIQ Services.
You warrant that you will be solely responsible for your use of DockIQ Services, your interpretation of the data provided or represented through the Service, and any actions you elect to take, or not take, in response to the data provided or represented through on the Service, and for any services that you provide to others involving the use of the DockIQ Service. DockIQ makes no representations concerning the completeness or accuracy of the Collected Content, the completeness or accuracy of the integration of the Collected Content into the DockIQ System, or the completeness, accuracy, or utility of any data, charts, graphs, exports or other products of the DockIQ Service.
Use of the Service only extends to the uses expressly described herein. The Content and information on this Service as well as the infrastructure used to provide such Content and information, is proprietary to DockIQ. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Service. Additionally, you agree not to: (i) use the Service or its contents for any purpose other than personal use; (ii) interfere or attempt to interfere with the proper working of the DockIQ Service, or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the DockIQ Service; (iii) circumvent, disable, or interfere or attempt to circumvent, disable, or interfere with security-related features of the DockIQ Service, or features that prevent or restrict use, access to, or copying of any data or enforce limitations on use of the DockIQ Service; (iv) copy the DockIQ Service or User Materials or distribute copies of the DockIQ Service or User Materials to any third party; (v) modify, adapt, translate, reverse engineer, make alterations, decompile, disassemble or make derivative works based on the DockIQ Service or User Materials except as otherwise permitted by law; (vi) rent, loan, sub-license, lease, distribute or attempt to grant any rights to the DockIQ Service to third parties; (vii) permit access to the DockIQ Service or User Materials to any third party; (viii) make, or use the Service for any speculative, false, or fraudulent activity; (ix) access, monitor, reproduce, upload, republish, distribute, transmit, display, translate, localize, port, modify, create derivative works or copy any Content or information of this Service using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (x) violate the restrictions in any robot exclusion headers on this Service or bypass or circumvent other measures employed to prevent or limit access to this Service; (xi) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure, adversely affects the performance of the Website, or infringes on our copyright or the copyright of our suppliers; (xii) "frame", "mirror" or otherwise incorporate any part of this Service into any other website without our prior written authorization; (xiii) use the Service to cause nuisance, annoyance or inconvenience; (xiv) impair the proper operation of the Service’s network; (xv) try to harm the Service in any way whatsoever; or (xvi) distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit the Service in any unauthorized manner, including but not limited to by trespass or burdening network capacity, or use the Service in any service bureau arrangement; and (xvii) you will not permit any third party to engage in any of the acts described in clauses (i) through (xvi).
You acknowledge that all DockIQ Content and Collected Content (together, "Content") accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. Under no circumstances will DockIQ be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, including without limitation reports or alerts generated by the DockIQ Service, or any loss or damage of any kind incurred in connection with reliance on, or other use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Service. You, not DockIQ, remain solely responsible for you use of the Content and all actions taken or not taken based on such Content.
To the extent that DockIQ receives from you any suggestions, ideas, improvements, modifications, feedback, error identifications or other information related to the DockIQ Service, or any other products or services (“Feedback”), DockIQ is the owner of such Feedback and may use, disclose and exploit it without restriction, including to improve the Services and to develop, market, offer, sell and provide other products and services.
The DockIQ Service may be temporarily unavailable from time to time due to required maintenance, telecommunication interruptions or failures, data hosting interruptions, or other disruptions. DockIQ will use commercially reasonable efforts to perform scheduled maintenance outside of regular business hours and maintain continual accessibility to the DockIQ Service. DockIQ may also make improvements and/or changes in the DockIQ Service at any time without notice. DockIQ will not be responsible for any damages that Customer may suffer arising out of use, or inability to use, the DockIQ Service. DockIQ will not be liable for damages resulting from acts of third parties, including unauthorized access to or alteration, theft or destruction of Customer’s data files, programs, procedures or information. Customer hereby holds harmless Dock IQ from any damages occasioned by interruption of the DockIQ Service due to required maintenance, telecommunication interruptions or failures, data hosting interruptions, or other disruptions resulting through no fault of DockIQ.
DockIQ provides the following Limited Warranty to you as the End-User of the DockIQ Products.
What is covered under the Limited Warranty? DockIQ warrants to you that the DockIQ Products will be free from defects in materials and workmanship under normal use for a period of one (1) year from the date of your purchase of the DockIQ Products. This Limited Warranty is not transferable, except upon the express written consent of DockIQ which consent will not be granted until the assignee agrees to this Agreement. To make a claim under the Limited Warranty, you must promptly provide written notice of the claim, at your expense, to DockIQ, LLC at 78 Dawson Village Way N., Suite 140-75, Dawsonville, GA 30534. Notice of the claim must include: (1) proof of purchase; (2) description of the defect in materials or workmanship; and (3) the DockIQ Product which is the subject of the claim. To be valid and processed, any such claim must be received by DockIQ no later than thirty (30) days after the expiration of the one (1) year Limited Warranty period. If DockIQ determines the DockIQ Product suffers from a defect in materials or workmanship which is not otherwise excluded hereunder, DockIQ will either repair such defect or replace the defective part or product, in its sole discretion, and return the DockIQ Product free of charge.
What is excluded under the Limited Warranty? The following damages are explicitly excluded under the Limited Warranty: (1) cosmetic damages which do not affect the function of the product; (2) normal wear and tear; (3) damages resulting from misuse, mishandling, modifications, improper maintenance, or failure to follow product instructions; (4) damages resulting from improper installation, or operation or storage beyond stated environmental and/or electrical specifications; and (5) damages caused by disaster such as fire, flood, wind, and lightning.
For more information about the Limited Warranty, contact DockIQ at +1 877-552-3775 or Support@DockIQ.com.
Disclaimer of Warranties
THE LIMITED WARRANTY STATED ABOVE IS THE EXCLUSIVE REMEDY FOR ANY CLAIM FOR DAMAGES TO OR ARISING FROM THE USE OF DOCKIQ PRODUCTS. THE SERVICE, CONTENT, MOBILE APPLICATION, HARDWARE, AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS. DOCKIQ MAKES NO WARRANTIES RELATED TO THE SERVICES PROVIDED BY DOCKIQ HEREUNDER, AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DOCKIQ OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR THE SELECTION OF THE SERVICES TO ACHIEVE CUSTOMER’S INTENDED RESULTS AND FOR ITS USE OF THE RESULTS OBTAINED FROM THE SERVICES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, IN WHICH CASE THE IMPLIED WARRANTIES WILL BE RESTRICTED TO THE SHORTEST TIME PERIOD ALLOWED BY LAW.
LIMITATION OF LIABILITY
IN NO EVENT SHALL DOCKIQ BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, TO PROPERTY OR LIFE, WHATSOEVER ARISING OUT OF OR CONNECTED WITH THE USE OR MISUSE OF THE DOCKIQ PRODUCTS OR SERVICES. THE TOTAL LIABILITY, IF ANY, OF DOCKIQ (INCLUDING ITS SUBSIDIARIES, ITS PARENT AND SUBSIDIARIES OF ITS PARENT, ITS LICENSORS, AND THE EMPLOYEES, OFFICERS, MEMBERS, DIRECTORS AND AGENTS THEREOF) IN THE AGGREGATE FOR ALL CLAIMS, CAUSES OF ACTION OR LIABILITY WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE IN ANY WAY RELATED TO THE DOCKIQ PRODUCTS OR SERVICES, SHALL BE LIMITED TO THE LESSER OF: (A) USER’S DIRECT DAMAGES, ACTUALLY INCURRED, OR (B) THE TOTAL AMOUNTS PAID BY END-USER TO DOCKIQ.
Registration and Security
As a condition to using some aspects of the Service, you may be required to register with DockIQ and set a password and user name or User ID. You shall provide DockIQ with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization. DockIQ reserves the right to refuse registration of or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password.
You will indemnify and hold DockIQ, its officers, members, agents, employees, affiliates, subsidiaries, assigns and successors in interest (DockIQ Indemnitees) harmless from, defend DockIQ against, pay any final judgments awarded against DockIQ, and pay all of DockIQ’s reasonable costs and attorneys’ fees resulting from any claims, liabilities, losses, suits, and damages asserted by you or any third party based on (i) Customer’s improper or misuse of the Services (including without limitation, in violation of applicable laws, rules or regulations or this Agreement); (ii) DockIQ’s compliance with Customer’s instructions; (iii) DockIQ’s use of trademarks, Collected Content, or other materials supplied by you; (iv) errors or omissions in Content, (iv) failure of the Service to alert Customer; (v) your negligence in installing DockIQ’s Products; (vi) your negligence in using the Content, including but not limited to the Customer’s action or failure to act upon receipt of an alert from the Service; or (vii) any interruption in Service, regardless of the cause
Fees and Payment
DockIQ reserves the right to require payment of fees for the Service or portions thereof. Payment of all such fees is a condition precedent to your authorized use of the Service under this Agreement. Any fees paid hereunder are non-refundable.
"Taxes" means all taxes, levies, imposts, duties, fines or similar governmental assessments imposed by any jurisdiction, country or any subdivision or authority thereof including, but not limited to federal, state or local sales, VAT, GST, use, property, excise, service, transaction, privilege, occupation, gross receipts or similar taxes, in any way connected with this Agreement or agreement required hereunder, and all interest, penalties or similar liabilities with respect thereto, except such taxes imposed on or measured by a party’s net income. All prices, fees and other charges payable under this Agreement or agreement ancillary to or referenced by this Agreement, shall not include any Taxes. You agree to bear and be responsible for all such Taxes. You shall make all payments required without deduction of any Taxes, except as required by law, in which case the amount payable shall be increased as necessary so that after making any required deductions and withholdings, DockIQ receives and retains (free from any liability for payment of Taxes) an amount equal to the amount it would have received had no such deductions or withholdings been made. If you are a tax-exempt entity or claim exemption from any Taxes under this Agreement, you shall provide a certificate of exemption upon execution of this Agreement and, after receipt of valid evidence of exemption, DockIQ shall not charge you any Taxes from which it is exempt. Without limiting the foregoing, all references to payments made in this Agreement are exclusive of any VAT, GST or other consumption taxes (collectively, "VAT") chargeable and where required by law, VAT shall be itemized at the rate applicable, if any, and paid in addition thereto. You shall communicate to DockIQ your VAT identification number(s) attributed by (i) the country where you have established your business, and/or (ii) any other country where you have established a fixed establishment, to which the Service under this Agreement are provided. DockIQ shall consider the Service under this Agreement to be for your business use and provided to the location(s) of you in accordance with the provided VAT identification number(s). You shall comply with all applicable tax laws and regulations, and you shall provide DockIQ all necessary assistance to facilitate the recovery or refund of any VAT paid by DockIQ in relation to the Service to the respective government or authority. You hereby agree to indemnify DockIQ for any Taxes and related costs paid or payable by DockIQ attributable to Taxes that would have been your responsibility under this section if invoiced to you. You shall promptly pay or reimburse DockIQ for all costs and damages related to any liability incurred by DockIQ as a result of your non-compliance or delay with its responsibilities herein. Your obligation under this section shall survive the termination or expiration of this Agreement.
Third Party Websites and Services
The Service may contain links to third party websites or services ("Third Party Services") that are not owned or controlled by DockIQ. When you access or engage Third Party Services, you do so at your own risk. DockIQ is not responsible for investigating or vetting such third parties, or for any damages that may result from the use of such Third Party Services. You hereby waive and hold harmless DockIQ from any and all claims against DockIQ related to your use of Third Party Services.
This Agreement shall remain in full force and effect while you use the Service and in accordance with the terms of any other agreement between you and DockIQ. DockIQ may terminate or suspend your access to the Service if you breach any of the terms or conditions of this Agreement or separate agreements between you and DockIQ, which may result in the forfeiture and destruction of all information associated with your account. Upon termination of your account, your right to use the Service will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
Claims of Copyright Infringement
If you believe that materials hosted by us infringe your copyright or those of someone else, please contact us at firstname.lastname@example.org
No right or license under this Agreement may be assigned or transferred by you, nor may any duty be delegated by you without DockIQ’s prior written consent, which consent will be expressly conditioned upon assignee accepting the terms of this Agreement. This Agreement will bind and inure to the benefit of the successors and assigns of Customer and DockIQ. Any assignment, transfer or delegation in contradiction of this provision will be null and void.
DockIQ may freely subcontract its duties and obligations under this Agreement. If DockIQ subcontracts any of its duties and obligations, DockIQ agrees that: (i) the third party shall execute a confidentiality agreement consistent with the terms of this Agreement and (ii) any such permitted subcontracting shall not release DockIQ from any of its obligations under this Agreement.
Notwithstanding any other provision of this Agreement, no party to the Agreement shall be deemed in default or breach of this Agreement or liable for any loss or damages or for any delay or failure in performance (except for the payment of money) due to any cause beyond the reasonable control of, and without fault or negligence by, such party or its officers, directors, employees, agents or contractors.
“Confidential Information” means: (i) information of or relating to DockIQ or their respective affiliates, subsidiaries, vendors, suppliers, service providers or licensors, that is competitively sensitive material not generally known to the public, including without limitation, information that relates to past, present or future research and development, trade secrets, products and services, pricing, marketing, financial matters, or business affairs (including without limitation, policies, procedures, plans, methods of operation, specifications, manuals, programs, documentation, guidelines, procedures, forms, and report formats), systems, networks, computer equipment and software proprietary to or licensed by a party, including without limitation, object or source code, custom software modifications, software documentation and training aids, and all data, code, techniques, algorithms, methods, logic, architecture, and designs embodied or incorporated therein; (ii) Your Content; and (iii) the terms and content of this Agreement, including without limitation, pricing. Neither party shall disclose, modify, or use Confidential Information except for the purpose of this Agreement, and Customer shall not disclose the pricing terms of this Agreement to any person other than accountants and other professional advisors except as required by law. You and DockIQ acknowledge that the breach of the above covenant will result in irreparable injury to the harmed party and that its remedy at law for such breach will be inadequate. Accordingly, you and DockIQ agree and consent that the harmed party, in addition to all other remedies available at law and in equity, shall be entitled to both temporary and permanent injunctions to prevent and/or halt a breach or threatened breach. Any requirements for a bond in connection with any such injunctive or other equitable relief are hereby waived by both parties.
This Service is operated by a U.S. entity and this Agreement’s validity, construction, and interpretation is governed by the laws of the State of Georgia, excluding its principles of conflicts of laws. Your use of the Service may also be subject to other local, state, national, or international laws. You hereby consent to the exclusive subject matter and personal jurisdiction and venue of courts in Hall County, Georgia, USA, in all disputes arising out of or relating to the use of this Service. Use of this Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, partnership, or employment relationship exists between you and DockIQ as a result of this Agreement or use of this Service.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Service or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Service within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and this Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) and any separate agreement between you and DockIQ, constitutes the entire agreement between you and DockIQ with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you the User and DockIQ with respect to this Service. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You may contact us regarding the Service or these Terms at: email@example.com
Thank you for using DockIQ. We understand that choosing and working with software and service partners involves a great deal of trust on your part and we respect your privacy. We take this trust very seriously and make it our highest priority to ensure the security and confidentiality of the personal information you provide to us. Please read the following policy to learn about our privacy practices.
What Personal Information We Collect
In general, you can browse our site without revealing any personally identifiable information about yourself. At various times, you may decide to provide us with personally identifiable information. This information may include, but is not limited to, your name, your home, billing, or other physical address, your email address, and your phone number, and certain information about your dock and watercraft. If you engage the DockIQ Service, we collect billing and credit card information (although we use a third-party payment processor, as described below). This information is used to complete transactions with us.
We may also collect non-personally identifiable information. This information may include, but is not limited to, your IP address, your Internet Service Provider, browser type, operating system, access times, referring website addresses, and clickstream data. This information is used for the operation of the site, to maintain the quality of the site, and to provide general statistics. We may gather additional personal or non-personal information in the future.
How We Collect Your Personal Information
In addition to collecting personal information that you provide to DockIQ, we may collect data through cookies, web beacons, pixel tags, and other monitoring technologies that enable us to track the actions of users of our site and help personalize your experience with our site.
Pixel tags or web beacons are tracking devices on websites or emails that can monitor the behavior of users visiting a website or users that are recipients of an email. Cookies are small text files that are placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize DockIQ pages, or register with DockIQ, a cookie helps us to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the Site, the information you previously provided can be retrieved, so you can easily use the DockIQ features that you customized.
You can accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. You can also delete cookies from your hard drive once you leave a website. If you choose to decline or delete cookies, you may not be able to fully experience the features of the site or websites you visit.
How Your Personal Information is Used
DockIQ collects and uses your personal information to operate its site and deliver the services you have requested. DockIQ may also use your personally identifiable information to inform you of other products or services available from DockIQ and its affiliates. DockIQ may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
DockIQ may post customer stories or testimonials on the site, which may contain personally identifiable information. If you wish to request the removal of your customer story or testimonial, you can contact us directly to do so.
DockIQ does not sell, rent or lease its customer lists to third parties.
DockIQ may share data with trusted partners to help facilitate or perform certain services on our behalf, including order fulfillment, shipping, payment processing, web hosting, web analytics, marketing, customer support, or to send you email or postal mail. All such third parties are prohibited from using your personal information except to provide these services to DockIQ, and they are required to maintain the confidentiality of your information.
DockIQ may keep track of the pages our users visit within DockIQ, to determine how users are using the site and improve the experience and operation of the site.
DockIQ will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on DockIQ; (b) protect and defend the rights or property of DockIQ; and, (c) act under exigent circumstances to protect the personal safety of users of DockIQ, or the public.
Security of Your Personal Information
DockIQ secures your personal information from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.
Your Choices Regarding Collection and Use of Your Information
As discussed above, you can choose not to provide us with any information, although it may be needed to use our products and services.
The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Please note that if you refuse to accept cookies from our website, you may not be able to access portions of our site.
Children Under Thirteen
DockIQ does not knowingly collect personally identifiable information from children under the age of thirteen, in accordance with the Children's Online Privacy Protection Act ("COPPA").
We respect your privacy and give you an opportunity to opt-out of receiving communications from DockIQ that are promotional in nature. Opting out of receiving communications with us does not affect our communications with you via telephone or email related to products or services you purchase from us. Users may opt-out of receiving communications from DockIQ by contacting us at firstname.lastname@example.org
Changes to this Statement