PARK THE BOAT
This document is the complete contractual agreement (hereafter “Agreement”) between PARK THE BOAT, INC., (“Park The Boat”) and the providers of dock space and boaters. Users must be 18 years of age or older to participate. There are no terms or conditions of this Agreement other than those set forth herein. By using this site you agree to the terms and conditions expressly made here.
Park The Boat provides services to match “Dock Hosts” with “Boaters” looking for temporary or seasonal dockage for their vessel. The agreements made between Dock Hosts and Boaters are “license agreements” only and not leases. Dock Hosts include agents and employees of Dock Hosts who have the legal authority to enter into License Agreements to provide dock space. Boaters include family, captains, and agents of boat owners who have the legal authority to enter into License Agreements for dock space.
Terms of Service
By using and/or reviewing this Site and the services provided by Park The Boat, you agree to comply with and be legally bound by these Terms of Service whether or not you become a registered user of the Services. Users must be 18 years of age or older to participate.
These Terms govern your access to and use of the Site. Your participation in the dock reservation program constitutes your agreement to be legally bound by the terms and conditions of the Terms of Service.
Park The Boat’s services and website and mobile apps are intended to provide a clearing house for Dock Hosts to list dock space that is available for use under a license agreement and Boaters looking for temporary or seasonal dock space. Visitors to the site can view listings without registering on the Park The Boat website or mobile app but must register to create a listing or book dock space.
TO THE MAXIMUM EXTENT PROVIDED BY LAW:
- PARK THE BOAT DISCLAIMS ALL LIABILITY FOR THE CONDUCT OF DOCK HOSTS AND BOATERS OR OTHER USERS OF THE SITE.
- PARK THE BOAT DISCLAIMS ALL LIABILITY FOR ACCOMMODATIONS PROVIDED BY DOCK OWNER.
- PARK THE BOAT DISCLAIMS ALL LIABILITY FOR THE CONDITION OF BOATERS’ VESSELS, AND THE ACTIONS OF BOATERS, THEIR FAMILIES, GUESTS, CAPTAIN, CREW, AND AGENTS.
SERVICES PROVIDED BY PARK THE BOAT ARE LIMITED TO THAT OF A BOOKING AGENT MATCHING DOCK HOSTS WITH BOATERS LOOKING FOR TEMPORARY OR SEASONAL DOCK SPACE.
PARK THE BOAT DOES NOT ENDORSE OR OTHERWISE ACT ON BEHALF OF ANY DOCK OWNER OR BOATER OTHER THAN TO PROVIDE A SERVICE TO MATCH THE NEEDS OF BOATERS WITH DOCK SPACE ACCOMMODATIONS.
PLEASE NOTE THAT, AS STATED ABOVE, THIS SITE IS INTENDED TO ASSIST DOCK HOSTS AND BOATERS TO CONNECT DIRECTLY WITH EACH OTHER. PARK THE BOAT DOES NOT CONTROL AND DISCLAIMS ANY LIABILITY FOR THE CONTENT, SUITABILITY OR LEGALITY OF LISTINGS. ANY BOOKINGS MADE THROUGH THIS SITE ARE AT THE BOATER’S AND DOCK HOST’S OWN RISK.
PARK THE BOAT ASSUMES NO RESPONSIBILITY FOR THE DOCK OWNER’S COMPLIANCE WITH LOCAL LAW, ORDINANCES, RULES OR REGULATIONS. DOCK HOSTS MUST CHECK ALL LOCAL LAWS FOR RESTRICTIONS BEFORE LISTING DOCK SPACE WITH PARK THE BOAT.
PARK THE BOAT IS NOT RESPONSIBLE FOR ANY PARTY’S COMPLIANCE WITH THE LICENSE AGREEMENT MADE BETWEEN THE DOCK HOST AND THE BOATER.
DOCK HOSTS ARE SOLELY RESPONSIBLE TO ENSURE THEIR LISTING IS ACCURATELY REPRESENTED AND AGREE TO IMMEDIATELY REMOVE ANY INFORMATION THAT BECOMES OUTDATED OR DOES NOT REFLECT THE CURRENT CONDITION OF THE DOCK SPACE BEING LISTED. PARK THE BOAT DOES NOT VERIFY THE RELIABILITY OR CONTENT OF LISTINGS.
PARK THE BOAT RECOMMENDS BOATERS USE DUE DILIGENCE AND CARE WHEN CHOOSING A DOCK SPACE.
ALL DAMAGES AND LEGAL REMEDIES THAT DOCK HOSTS OR BOATERS SEEK TO OBTAIN ARE LIMITED TO CLAIMS AGAINST THIRD PARTIES, DOCK HOSTS, BOATERS OR OTHERS. PARK THE BOAT DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTIONS OF DOCK HOSTS, BOATERS OR OTHER THIRD PARTIES WHO CAUSED OR ARE OTHERWISE RESPONSIBLE FOR ANY HARM OR DAMAGES TO ANY PARTY.
Park The Boat charges fees for use of the Services. Fees are based on a percentage of the rates charged for dock space and are payable by both the Dock Owner and Boater. Fees will be revealed to the Boater when a booking request for dock space is sent to the Dock Owner.
All payments are made through major credit cards and electronic payments (Example: PayPal). Once a reservation is completed and payment has been made, you will receive an email confirming your reservation and summarizing your Dockage agreement.
If a Boater wishes to cancel a confirmed reservation, the cancellation policy of the Dock Host contained in the applicable listing will apply. Refund of prepaid fees and other amounts charged to you will depend upon the terms of the Listing. The reservation fee paid by the Boater is non-refundable. Park The Boat will initiate any refunds otherwise owed to Boaters.
If a Dock Owner cancels a confirmed Dockage reservation, Park The Boat will refund to the Boater the total payment made for the Reservation. The Boater will also receive alternate listings information.
If a Dock Owner has canceled a confirmed Dock Reservation without notifying the Boater, please contact Park The Boat immediately. Park The Boat will attempt to provide alternate suitable listings.
If a Dock Owner cancels a confirmed reservation, Park The Boat may apply penalties or consequences to the Listing, including indicating that a confirmed Dock reservation had been canceled, and/or imposing a cancellation fee.
Dock Hosts must provide IRS form W-9 to Park The Boat before any payment to Dock Hosts can be made. Here is a link to the W-9 form: https://www.irs.gov/pub/irs-pdf/fw9.pdf
Dock Hosts are responsible for keeping the information regarding their tax forms current, complete and accurate. Dock Hosts are solely responsible for determining their applicable Tax reporting requirements and obligations. A 1099 form will be issued for each tax year in accordance with IRS requirements.
Some Dock Hosts may require security deposits. Boaters will be responsible for leaving Dock Spaces in the condition they were when the Boater arrived. The requirements for return of the Security Deposits will be spelled out in the Dockage Agreement.
If it is reported that a Dock Owner or Boater is acting or has acted inappropriately, including but not limited offensive, violent, or sexually inappropriate behavior, theft or other disturbing conduct, immediately contact the appropriate local authorities and provide a copy of any police report to Park The Boat. Be advised your report will not obligate Park The Boat to take any action beyond that required by law (if any) or cause us to incur any liability to you.
Park The Boat is continuously updating security measures to help protect your Personal Information against unauthorized access, destruction or alteration. However, no method of transmission over the Internet, and no method of storing electronic information can be 100% secure. So, we cannot guarantee the security of your transmissions to us and of your Personal Information that we store. We may, directly or through Third-Parties, review your communications for fraud prevention, regulatory compliance, product development and customer support purposes. We will not sell customer reviews to third parties. By using the website you consent that Park The Boat may review, scan, analyze, and store your communications.
- Your public listing page will always include some minimum information such as the city and coordinates where the Dockage is located, your listing description, your calendar availability, your public profile photo, your responsiveness in replying to Boaters’ queries, and any additional information you share with other Members.
- When you submit a request to book a Dock, your full name, and other personal information you agree to pass through to the Dock Host(s) will become visible to the Dock Host(s) of any listing you book or request to book. We may also disclose parts of your public profile; other Member reviews of you; and any additional information you share with other Members.
- When your request to book a Dock is accepted by the Dock Host(s), or when a Boater books your Dock, we will disclose some of your personal information to the Host(s). However, your billing and payout information will never be shared with another user.
- You may review, update, correct or delete the personal information in your Park The Boat Account by logging in to your Account. Please also note that any reviews, postings and similar materials posted by you may continue to be publicly available on the website even after your Park The Boat Account is canceled.
DOCK HOSTS AND BOATERS HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS PARK THE BOAT, INC., ITS EMPLOYEES, AGENTS, AND DIRECTORS, FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ACCOUNTING FEES AND ALL OTHER COSTS AND FEES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE PARK THE BOAT WEBSITE OR MOBILE APPS. ANY LIABILITY OF PARK THE BOAT TO ANY USER OF THEIR WEBSITE, MOBILE APPS AND SERVICES IS LIMITED TO $100.00 PER INCIDENT.
Any disputes arising from the use of this Agreement will be settled by binding arbitration in accordance with the rules and procedures of the American Arbitration Association. The venue for settlement of any dispute is Polk County, Texas.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.