Terms and Conditions of the DockSearch.com Membership Agreement
You must be 18 years of age or older to be eligible for a Membership at DockSearch.com.
This Membership Agreement ("Agreement") between you ("You" or "Member") and DockSearch.com.
DockSearch.com strongly believes in our Member's privacy.
Although DockSearch.com utilizes e-mail as the main form of communication with our members, and on occasion we may need to inform our members of site changes, new policies, membership status, or other important information,
At DockSearch.com we are committed to your privacy, and we value your trust. If you have any questions about our privacy policies, please feel free to contact us at [email protected].
- We do NOT support unsolicited bulk e-mail (SPAM) to our members.
- We do NOT give or sell our member's personal information to third parties.
- Your DockSearch.com membership is completely optional, and you can cancel your membership at any time.
B. Updates to this agreement
This Agreement may be modified by DockSearch.com from time to time, with or without notice. Member accepts any modification by using the Service after the modifications have become effective. If the Member objects to any modification, the Member’s sole remedy is cancellation of the Member’s account, accessable through the 'Members Section' on the DockSearch.com web site.
C. Membership Requirements
To maintain a Membership with DockSearch.com, You must meet the following requirements and DockSearch.com reserves the right to terminate the Membership of anyone who fails to meet these requirements on an ongoing basis:
1. Age Requirements. By applying for Membership at DockSearch.com, You hereby represent to DockSearch.com that You are 18 years or older.
2. You hereby represent to DockSearch.com that You are complying with all of Your local, state, province, country or regional legal restrictions that may be applicable to Your Membership at DockSearch.com
3. You may only sign up once and maintain one Membership. Only one account per e-mail address. Only one account per individual. Any duplicate accounts are subject to cancellation with forfeiture of all Membership benefits.
4. You must provide DockSearch.com with valid contact and residence information and may not impersonate or misrepresent Your identity. DockSearch.com reserves its rights under the laws to terminate Your Membership, containing untruthful information for which You are responsible; DockSearch.com may request from time to time that You update the information on Your online registration. DockSearch.com may terminate Your Membership if You fail to update Your information upon request from DockSearch.com.
5. Your user name, password, and account are personal to You and are not transferable; You may not allow anyone else to use Your password or account; You may not use anyone else's password or account or act to accrue earnings for anyone else’s account; You are responsible for keeping Your password secret; DockSearch.com is not liable for any loss or damages caused by any disclosure of Your password or account; You may only create an account for Yourself and may not establish an account on behalf of anyone else.
6. You may cancel Your Membership from the 'Members Section' at DockSearch.com. If You decide to cancel Your Membership and later wish to re-enroll, You will be assigned a new account, and You will not receive further credit for referrals made using Your previous account.
7. To the full extent allowed by applicable law, DockSearch.com at its sole discretion and for any or no reason may refuse to accept applications for Membership and may terminate any Members without prior notice for good cause, particularly including, but not limited to:
(a) any violation of any provision of this Membership Agreement;
(b) aiding in or promoting circumvention of the Service;
(c) acting against the business interests or reputation of DockSearch.com;
(d) otherwise acting in a severely or substantially unlawful manner in relationship to DockSearch.com, the DockSearch.com Web site or the Service;
(e) emailing people You do not know in an attempt to gain DockSearch.com referrals.
(f) any other reason at the discretion of DockSearch.com;
8. If Your account is terminated by DockSearch.com, You may not re-enroll or join under a new account unless formally invited to do so by DockSearch.com.
9. Cancellation of a Membership, whether by the Member or by DockSearch.com results in the forfeit of all Membership benefits.
10. DockSearch.com may terminate a Member’s account if no activity has occurred in such account for three (3) consecutive months.
11. DockSearch.com may deny, update, or delete Membership or listing information without prior concent of the Member.
D. Your relationship to DockSearch.com
Your relationship to DockSearch.com is one of an independent contractor and/or customer. No employee-employer relationship is created by Your use of the Service. You do not have any obligation to refer new Members to the DockSearch.com. Program. DockSearch.com HAS NO OBLIGATION TO OFFER THE SERVICE OR OTHER PROMOTIONS TO YOU.
E. The Referral Program.
1. As a Member of DockSearch.com, You may refer other people to the DockSearch.com Membership program (“Your Referrals”). If You and Your Referrals become participants in the Service (subject to the discretion of DockSearch.com), You will be able to receive Membership benefits for the activities of Your Referrals.
2. Members may not use Spam to Obtain Referrals. You may not use unsolicited email, usenet, message board postings, or similar methods of mass messaging (“spam”) to gather referrals. (Usenet and message board spam are messages sent or posted which are unrelated to the topic of discussion of the particular news group or message board.) The use of spam to promote the DockSearch.com service has strict negative consequences. Not only may DockSearch.com terminate the Membership of any Member who in DockSearch.com’s reasonable opinion has used unsolicited email to gain referrals (a “Spammer”). In addition, You may be subject to state and federal penalties and other legal consequences under applicable law if You send unsolicited email. Our Anti-Spam Policy provides more details and is incorporated into this Agreement.
3. Marketing Claims. You agree not to make any misrepresentations to any of Your Referrals or potential Referrals with respect to DockSearch.com Membership benefits.
F. Your Relationship with Advertisers.
Your individual relationship with merchants or advertisers found on the Site, including payment for and delivery of related goods or services, entry into and operation of promotions, discounts or contests, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such merchant or advertiser You agree not to hold Docksearch.com liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the content provided by such merchants or advertisers through the Service (unless it clearly appears to be our own content).
G. Disclaimer by DockSearch.com
1. DockSearch.com is not responsible for Members’ inability to connect to the Internet or reach the Web site of DockSearch.com.
2. DockSearch.com is not responsible for changes to or discontinuance of any offer or promotion by any advertiser or any withdrawal of any such offer.
3. DockSearch.com will not be liable for any damages suffered by the Member as a result of any instructions from the Member’s e-mail account using the Member’s password and the Member will indemnify and hold DockSearch.com harmless from any and all claims, losses, damages, costs and expenses incurred by or asserted or awarded to DockSearch.com arising out of the use of the Member’s e-mail account and password by any individual.
5. DockSearch.com does not warrant that its Web site is free from viruses or other destructive materials and that DockSearch.com shall not be liable for any damage to the Member’s hardware or software as a result of the Member’s participation in the program.
6. DockSearch.com is not responsible in any way for the dealings (business or personal) which may have resulted from using the Service.
7. DockSearch.com does not verify, does not guarantee, and is not responsible for the content or accuracy of the listings posted on DockSearch.com. It is the sole responsibility of each user to verify the accuracy of any and all listings.
8. The cumulative liability of DockSearch.com to a Member for any loss or damage from any cause whatsoever with respect to all claims under this Agreement shall not under any circumstances exceed U.S. one hundred dollars ($100). In no event shall DockSearch.com be liable under any theory of tort, contract, strict liability or other legal or equitable theory for any lost profit, exemplary, punitive or consequential damages, each of which is hereby excluded by agreement of the Member and DockSearch.com regardless of whether or not DockSearch.com has been advised of the possibility of such damages.
H. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE ADVERTISEMENT SERVICE (“THE SERVICE”) IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, DockSearch.com EXPRESSLY DISCLAIMS ALL CONDITIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED BY LAW, CUSTOM OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. DockSearch.com MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
I. Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER DockSearch.com NOR ANY OF ITS PARENTS, MEMBERS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DockSearch.com’S TOTAL CUMULATIVE LIABILITY TO ANY MEMBER UNDER THIS AGREEMENT EXCEED U.S. ONE HUNDRED DOLLARS ($100). If You are dissatisfied with the DockSearch.com Service or promotions available through the Service, Your sole and exclusive remedy is to cancel Your Membership in DockSearch.com.
J. Force Majeure
DockSearch.com will not be in default or otherwise liable for any delay or failure in its performance under this Agreement where such delay or failure arises by reason of an Act of God, or any government or governmental body, acts of war, the elements, strikes or labor disputes, power or system failures, failure of the Internet, computer hacking, or other causes beyond the control of DockSearch.com.
K. Governing Law
Any action related to this Membership Agreement will be governed by the law of the state of Florida, U.S.A., excluding (1) principles of conflicts of laws, and (2) the United Nations Convention on Contracts for the International Sale of Goods, if applicable. Any action relating to this Membership Agreement shall be brought in the state or federal courts located in Broward County, and You hereby submit to the exclusive jurisdiction and venue thereof. You agree to comply with the laws of Florida and the United States that apply to the use of this Service. If the law of Your country, state, or province of residence prohibits or limits Your participation in this Service, then You are responsible for complying with such laws and You agree to indemnify DockSearch.com against any breach by You.
If any part of this Membership Agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. This Membership Agreement is personal to You and You may not transfer, delegate, or assign this Membership Agreement, Your referral network, Your DockSearch.com account or other benefits You receive as an DockSearch.com Member to anyone. Any attempt by You to assign or delegate this Membership Agreement shall be null and void. DockSearch.com may assigns this Agreement at its sole discretion.
This Membership Agreement constitutes the entire agreement between You and DockSearch.com in connection with general Membership in DockSearch.com and supersedes all prior agreements between the parties regarding the subject matter contained herein.
L. Contacting Us
If You have questions about this Membership Agreement, please contact [email protected]
Last Revised: 18 September, 2002
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