Last Updated: August 28, 2023
Introduction
Martin Docks, LLC (“Martin Docks,” “we,” “us,” or “our”) owns and controls martindocksinc.com (“Website”). These Terms of Use apply to anyone (“you” or “your”) who: (a) visits and/or interacts with our Website. When you access and/or use our Website (individually or on behalf of the entity that you represent), you are agreeing to be bound to the terms and conditions set forth herein and any additional terms that may be applicable, such as our Privacy Policy (collectively hereinafter, “Agreement”).
Use Rights
a. License. Martin Docks hereby grants you a personal, non-commercial, revocable, limited, non-assignable, non-transferable, non-exclusive license to access and use the Website for the purpose for which it was intended and pursuant to the terms of this Agreement. We expressly reserve all rights not expressly granted herein.
b. User Content License. “User Content” means any communications, documents, images, and any other content and/or materials that you transmit to us directly or through our Website. You hereby grant us a non-exclusive, fully paid, royalty-free, world wide, universal, transferable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works of, and otherwise use and reuse all or any User Content. You hereby represent and warrant that you own all rights to the User Content that you provide to us or, alternatively, that you have the right to give us the license described above. You represent and warrant that your User Content does not infringe on the Intellectual Property Rights, privacy rights, publicity rights, or other legal rights of any third party. We expressly reserve the right to display advertisements in connection with your User Content. We are not required to host, display, or distribute any User Content and we may refuse to accept or transmit User Content.
c. Feedback. If you provide us with any feedback or suggestions (“Feedback”), you hereby assign us all rights in the Feedback and agree that we shall have the right to use such Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide us as non-confidential and non-proprietary to you. We will have no obligation under any circumstances to compensate you for any Feedback. You agree that you will not submit any information or ideas that you consider to be confidential or proprietary, or for which you expect to be compensated.
Intellectual Property Rights and Ownership
a. Intellectual Property Rights. “Intellectual Property Rights” means any and all rights, titles, and interest, arising or existing at any time relevant hereto, anywhere in the world, including, but not limited to, all patent, patent registration, copyright, trademark, trade name, service mark, service name, trade secret, or other proprietary right arising or enforceable under any United States federal or state law, rule, or regulation; non-United States law, rule, or regulation; or international treaty in any technology, system, invention, discovery, know-how process, method, information, medium, or content, including, but not limited to, text, print, pictures, photographs, videos, marks, logos, designs, drawings, artistic and graphical works, music, speech, computer software and documentation, any other works of authorship, and any form, method, or manner of expression or communication now known or hereinafter becoming known.
b. Proprietary Rights. Our products, services and Website, including all features and functionality, information, software, text, displays, images, video, audio, look and feel, and the compilation thereof, are copyrights, trademarks, trade dress, trade secrets, and/or other Intellectual Property Rights owned, controlled, or licensed by Martin Docks and its subsidiaries or affiliates, or by third parties who have licensed their materials to us and are protected by U.S. and international copyright, trademark, patent, trade secure, and other intellectual property or proprietary laws (“Martin Docks IP”). UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, TRANSMITTING, DISTRIBUTING, OR ANY OTHER MISUSE OF MARTIN DOCKS IP IS EXPRESSLY PROHIBITED.
Use Restrictions
a. Restrictions. Our Website is intended solely for personal and non-commercial use. You may not distribute, copy, reproduce, publish, transmit, publicly display, publicly perform, edit, modify, create derivative works from, sell, license, rent, modify, frame in another website, use on any other website or public platform, and/or exploit our content in any way. You further agree that you will not:
i. Take any action that imposes or may impose an unreasonable or disproportionately large load or burden on the infrastructure supporting our Website;
ii. Interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website;
iii. Use our Website or any information displayed therein to stalk, harass, abuse, defame, threaten, or defraud other users; violate the privacy or other rights of users; or collect, attempt to collect, store, or disclose without permission the location or personal information of other users;
iv. Submit any offensive or pornographic User Content, or User Content that is harmful to us or other users through our Website;
v. Use our Website for the commission or encouragement of any illegal purpose, or in violation of any local, state, national, or international law, including laws governing criminal acts, prohibited or controlled substances, Intellectual Property Rights, data protection and privacy, and import or export control;
vi. Impersonate any person or entity, or falsely claim an affiliation with any person or entity;
vii. Remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Website or any account;
viii. Intentionally interfere with or damage operation of the Website or any user’s enjoyment thereof, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
ix. Send, transmit, or disseminate any User Content that, in our sole judgment and discretion, is deemed to be objectionable; defamatory; libelous; offensive; obscene; indecent; pornographic; harassing; threatening; embarrassing; distressing; vulgar; hateful; racially, ethnically, or otherwise offensive to any group or individual; intentionally misleading; false; or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
x. Send, transmit, or disseminate any User Content or material which infringes upon any patents, trademarks, trade secrets, copyrights, Intellectual Property Rights, or any other rights of any person; and
xi. Probe, scan, or test the vulnerability of our network, or use any robot, spider, scraper, or other automated means to access and use our Website.
Warranty Disclaimer and Limitation of Liability
YOU UNDERSTAND AND EXPRESSLY AGREE TO THE FOLLOWING:
A. THE WEBSITE, INCLUDING, WITHOUT LIMITATION, MARTIN DOCKS IP AND USER CONTENT, ARE PROVIDED ON AN “AS-IS,” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MARTIN DOCK AND ITS EMPLOYEES, MANAGERS, DIRECTORS, OFFICERS, SHAREHOLDERS, MEMBERS, AGENTS, VENDORS, AND CONTRACTORS (COLLECTIVELY, THE “MARTIN DOCK PARTIES”) MAKE NO REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, AND/OR GUARANTEES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (I) THE WEBSITE; (II) MARTIN DOCK IP; (III) USER CONTENT; (IV) ANY PRODUCTS OR SERVICES OFFERED OR REFERENCED ON THE WEBSITE; OR (V) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE MARTIN DOCK PARTIES. IN ADDITION, THE MARTIN DOCK PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, THAT WEBSITE FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES OUR WEBSITES AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MARTIN DOCKS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, AND FREEDOM FROM VIRUS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS.
B. UNDER NO CIRCUMSTANCES WILL THE MARTIN DOCK PARTIES BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES, OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (I) OUR WEBSITE; (II) MARTIN DOCK IP; (III) USER CONTENT; (IV) YOUR USE OF, INABILITY TO USE OUR WEBSITE, OR THE PERFORMANCE OF THE WEBSITE; (V) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE MARTIN DOCK PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE; (VI) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR ANY OTHER MARTIN DOCK IP; (VII) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF ANY WEBSITE; OR (VIII) ANY DAMAGE TO ANY USER’S DEVICE, SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUG, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF USER CONTENT, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR THE MARTIN DOCK PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION FOR BREACH OF CONTRACT, VIOLATION OF ANY STATUTE, NEGLIGENCE, STRICT LIABILITY, OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACT OF GOD, TELECOMMUNICATIONS FAILURE, THEFT, OR DESTRUCTION OF A WEBSITE). IN NO EVENT WILL THE MARTIN DOCK PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS, DAMAGE, OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. IN NO EVENT WILL THE MARTIN DOCK PARTIES’ TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU TO US (IF ANY).
Indemnification
a. By you. You shall indemnify and hold the Martin Dock Parties harmless from and against any and all claims and expenses, including all attorneys’ fees and costs, whether made by you or on your behalf, or by any third party, arising out of your use of or access to our Website, including, but not limited, to claims arising out of the following: (i) your violation of this Agreement; (ii) your violation of any third-party right, including (but not limited to) any copyright, trademark, trade secret, or privacy right; (iii) any misrepresentation made by you; and (iv) your User Content. You shall promptly notify us and to cooperate fully in the defense of any claim. Martin Dock reserves the right to assume the exclusive defense and control of any claim indemnified under this Section by you.
b. Martin Dock. We shall indemnify, defend, and hold you harmless from any and all liabilities, losses, damages, suits, penalties, fines, costs, or expenses (including reasonable attorneys’ fees and other applicable expenses) relating to third-party claims that our Website infringes upon that party’s Intellectual Property Rights, except as otherwise provided by the indemnity provision in Section 6(a) above (“Infringement Claim”). Our obligation hereunder is contingent upon your prompt written notice of any such claim and reasonable assistance in defending any such Infringement Claim.
Changes to These Terms of Use
From time to time, we may make changes to Terms. When changes are made, a new version of the Terms will be posted on the Website. We will also update the “Date Last Updated” date at the top. If you do not agree to any changes in our Terms of Use Notice, you agree to stop using our Website. Your continued use our Website constitutes your acceptance of such changes.
Copyright: Infringing Material/DMCA
a. Notification Procedures. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from our Website by submitting written notification to the e-mail address listed in “Contact Information” below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
i. Your physical or electronic signature.
ii. Identification and description of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on a Website, a representative list of such works.
iii. Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
iv. Adequate and current information by which we can contact you (including your name, postal address, telephone number, and, if available, e-mail address).
v. A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
vi. A statement that the information in the written notice is accurate.
vii. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is our policy to disable and/or terminate, in appropriate circumstances, any user’s access to the Website and/or Account in the event of repeated infringing activity, and Martin Dock reserves such rights.
b. Counter-Notification Procedures. If you believe that material you posted on a Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (“Counter-Notice”) by submitting written notification to the e-mail address listed in “Contact Information” below. Pursuant to the DMCA, the Counter-Notice must include substantially the following:
i. Your physical or electronic signature.
ii. An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
iii. Adequate and current information by which we can contact you (including your name, postal address, telephone number, and, if available, e-mail address).
iv. A statement by you, under penalty of perjury, that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
v. A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States, for any judicial district in which the Site may be found) and that you will accept service from the person (or an agent of that person) who provided the Site with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten to fourteen (10-14) days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If you believe your copyright material is being used on the Website without permission, please contact us at sales@martindocksinc.com.
Choice of Law, Dispute Resolution, and Class Action Waiver
a. Choice of Law. The Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. To the extent applicable law permits, the provisions set forth in this Agreement shall prevail in the event of a conflict with any other law.
b. Dispute Resolution. Any dispute or controversy arising out of, relating to, or concerning any interpretation, construction, performance, or breach of this Agreement shall be settled by binding arbitration, to be held in Atlanta, Georgia, in accordance with the American Arbitration Association’s Consumer Arbitration Rules. The arbitrator may grant injunctions or other relief in the dispute or controversy. The decision of the arbitrator will be final, conclusive, and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. No dispute may be brought by either party after eighteen (18) months after the occurrence of the event allegedly giving rise to any such claims. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief to protect its Intellectual Property Rights in any court of competent jurisdiction.
c. Judicial Forum for Legal Disputes. In the event that the agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, except to seek injunctive or other equitable relief to protect its Intellectual Property Rights, you agree (except as otherwise provided by law) that any claim or dispute that has arisen or may arise between the parties must be resolved exclusively by applicable federal or state court located in Atlanta, Georgia. You agree to submit to the exclusive personal jurisdiction of the courts located within Seattle, Washington for the purpose of litigating all such claims or disputes.
d. Class Action Waiver. To the extent permitted by applicable law, you hereby agree to waive the right to join or otherwise participate in any class action against the Martin Docks Parties, and accordingly agree to have any disputes resolved through the dispute resolution process set forth in Section 10(b) above.
Links to Other Websites
Our Website may contain links to third-party websites or services that are not owned or controlled by us. Martin Docks, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Martin Docks, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or services available on or through any such websites or services.
Miscellaneous
a. Severability. If any provision of this Agreement is declared or found to be illegal, unenforceable, or invalid, then, to the full extent permitted by law, (i) the provision found to be illegal, unenforceable, or invalid shall be deemed amended, and the court having jurisdiction shall be requested to reform such provision to the extent necessary to make it legal and enforceable while preserving the intent of the parties reflected therein; and (ii) such illegality, unenforceability, or invalidity will not affect or impair the remaining provisions, which shall continue in full force and effect.
b. No Assignment. You may not assign this Agreement nor any rights or obligations hereinunder, in whole or in part, whether voluntary, by operation of contract, law, or otherwise, without our prior written consent. Any attempted assignment or transfer in violation of the foregoing will be null and void. This Agreement is binding upon and inures to the benefit of the parties hereto and their respective permitted successors and assigns.
c. Term and Termination. These Terms of Use shall remain in effect until terminated as set forth herein (“Term”). You may terminate this Agreement by ceasing use of our Website. We may immediately terminate this Agreement if you materially breach this Agreement in any way, or for any reason whatsoever without notice to you. The Terms are intended to survive termination of this Agreement.
d. Entire Agreement. This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.
e. Contacting Us. Please contact us at sales@martindocks.com or at (770) 536-0189 with any questions you may have regarding this Agreement or our Website.
