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Website Terms and Conditions:
Terms and Conditions for Dockmate
Introduction
These Website Standard Terms and Conditions written on this webpage shall manage your use of our website, www.dockmate.us accessible at www.dockmate.us.
These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.



Intellectual Property Rights
Other than the content you own, under these Terms, Dockmate and/or its licensors own all the intellectual property rights and materials contained in this Website.
You are granted limited license only for purposes of viewing the material contained on this Website.
 
Restrictions
You are specifically restricted from all of the following:

  • publishing any Website material in any other media;

  • selling, sublicensing and/or otherwise commercializing any Website material;

  • publicly performing and/or showing any Website material;

  • using this Website in any way that is or may be damaging to this Website;

  • using this Website in any way that impacts user access to this Website;

  • using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;

  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;

  • using this Website to engage in any advertising or marketing.
     

Certain areas of this Website are restricted from being access by you and Dockmate may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

Your Content
In these Website Standard Terms and Conditions, "Your Content" shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant Dockmate a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be invading any third-party’s rights. Dockmate reserves the right to remove any of Your Content from this Website at any time without notice.

Your Privacy
Please read Privacy Policy.

No warranties
This Website is provided "as is," with all faults, and Dockmate express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.

Limitation of liability
In no event shall Dockmate, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract.  Dockmate, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
Indemnification
You hereby indemnify to the fullest extent Dockmate from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

Severability
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms
Dockmate is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

Assignment
The Dockmate is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement
These Terms constitute the entire agreement between Dockmate and you in relation to your use of this Website, and supersede all prior agreements and understandings.

Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the State of Florida, Broward county and you submit to the non-exclusive jurisdiction of the state and federal courts located in af for the resolution of any disputes.


DPS
Safety Information, Customer Responsibility, and Disclaimer

The dynamic positioning system (DPS) provided by Dockmate is designed to help captains in keeping vessel position and heading. While the system is designed to enhance operation, safety and efficiency, it is important to recognize that the ultimate responsibility for the safe operation of the vessel and its compliance with all applicable maritime legislation, rules and regulations, remains with the operator/user of the DPS and the vessel. By using the DPS, the operator/user acknowledges and agrees to the following: Operator Responsibility: The operator of the vessel is solely responsible for its safe navigation, operation, and maneuvering, regardless of the use or help provided by the dynamic positioning system.

Situational Awareness:
The DPS is a tool to aid navigation and should not replace the need for the operator to always keep vigilant situational awareness at all times. System Limitations: The DPS may have limitations and may not function optimally under all conditions, including but not limited to GPS signal strength, adverse weather, rough seas, restricted navigational environments and other external variables. It is the responsibility of the operator to recognize these limitations and act accordingly.

Manual Override:
The operator should be prepared to manually override the DPS if necessary, particularly in emergency situations, if operation of the DPS would be limited or unsafe under the circumstances, or if the system would malfunction for any reason under the circumstances.

Compliance with maritime regulations:
It is the responsibility of the operator to always adhere to all applicable maritime legislation, rules, and regulations and safety procedures. While this system provides additional assistance, it does not excuse the operator from the obligation to comply with all applicable maritime legislation, rules and regulations.

Calibration:
Calibration of the DPS is essential to ensure its proper functioning. The operator should follow the manufacturer's recommendations.

Software updates:
Software updates may be necessary to ensure optimal performance. It is the operator’s responsibility to have these updates performed according to Dockmate’s instructions.

Assumption of Risk:
The use of the DPS involves inherent risks, and the operator assumes full responsibility for any consequences arising from its use. Therefore, Dockmate accepts no liability for any injury, damage, or loss resulting from the use of the DPS.

Disclaimer

By using the DPS provided by Dockmate, the user acknowledges that they have read and understood this disclaimer and agrees to accept all associated risks and responsibilities. Dockmate shall not be liable for any damages or liabilities arising from the use of the DPS, to the fullest extent permitted by law; consequently, there is no exoneration of liability for an intentional mistake by Dockmate. In any case Dockmate’s liability shall be
capped, it cannot be held liable for more than what is covered by its insurance policy.

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