THIS EULA IS NOT APPLICABLE TO ANY CLIENT SUBSCRIBED TO DOCK STARTING FROM 1/23/2019. PLEASE REFER TO OUR NEW MSLA
These End User Licensing Agreement (EULA) govern your use of our service. As used in these End User Licensing Agreement, “service," "our service" or "the service" means the service provided by Dock 365 Inc. for SharePoint Intranet portal, including all features and functionalities, website, and user interfaces, as well as all content and software associated with our service.
Acceptance of Terms of Use
BY DOWNLOADING, INSTALLING, OR USING THE APPLICATION, OR ATTEMPTING TO DO ANY OF THESE, YOU HAVE ACCEPTED THESE TERMS. IF YOU DO NOT INTEND TO ACCEPT THEM, YOU HAVE NO RIGHT TO (AND MUST NOT) DOWNLOAD OR USE THE APPLICATION.
Changes to Terms of Use. Dock Inc. may, from time to time, change these Terms of Use. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting.
Communication Preferences. By using the Dock 365 Inc’s service, you consent to receiving electronic communications from Dock relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the Dock service, or in the "Your Account" page and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with Dock 365 Inc. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new Dock features and content, special offers, promotional announcements and customer surveys via email or other methods.
Subscription, Billing and Cancellation
Subscription
Ongoing Subscription. Your Dock subscription, will continue month-to-month unless and until you cancel your subscription or we terminate it. You must provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the Dock service. We will bill the monthly Subscription fee to your Payment Method. You must cancel your Subscription before it renews each month in order to avoid billing of the next month's Subscription fees to your Payment Method.
Billing
Recurring Billing. By starting your Dock Subscription and providing or designating a Payment Method, you authorize us to charge you a monthly Subscription fee at the then current rate.
Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.
Billing Cycle. The Subscription fee for our service will be billed at the beginning of the paying portion of your Subscription and each month thereafter unless and until you cancel your Subscription. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying Subscription. Subscription fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying Subscription began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Dock Subscription or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date.
No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period.
Payment Methods. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
Cancellation. You may cancel your Dock Subscription at any time, and you will continue to have access to the Dock service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS.
Disclaimers of Warranties and Limitations on Liability
THE DOCK SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE DOCK SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. DOCK DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE DOCK SERVICE WILL BE ERROR-FREE.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL DOCK, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
Scope of License. The Application is licensed, not sold. This agreement only gives you some rights to use the Application. Application Provider reserves all other rights. Unless the law gives you more rights despite this limitation, you may use the Application only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the Application that only allow you to use it in certain ways. You may not:
Governing Law
For all Dock members, these End User Licensing Agreement shall be governed by and construed in accordance with the laws of the state of Florida, U.S.A. without regard to conflict of laws provisions.
Use of Information Submitted. Dock is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Dock service, including the Dock website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Dock service.
Arbitration Agreement
If you are a Dock member in the United States, you and Dock agree that any dispute, claim or controversy arising out of or relating in any way to the Dock service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"). and will be administered by the AAA.
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