Customer Service Agreement
Effective May 19, 2026 — Last Updated May 19, 2026
This Customer Service Agreement (this "Agreement") is entered into by and between Dockside Fuel Services LLC, a Michigan limited liability company, with its principal place of business at PO Box 126, Oshtemo, Michigan 49077 ("Dockside"), and the individual or entity identified during the registration or reservation process ("Customer"), and is effective as of the date Customer first accepts the terms of this Agreement (the "Effective Date"). Dockside and Customer are each referred to herein as a "Party" and collectively as the "Parties."
In consideration of the mutual covenants set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
1. Services
1.1 Description of Services.
Dockside provides mobile fuel delivery services consisting of the on-demand or scheduled delivery and dispensing of recreational-grade ethanol-free 90 octane gasoline ("REC-90") to boats, automobiles, all-terrain vehicles, four-wheel drive vehicles, and other gasoline-powered vehicles or vessels owned, operated, or controlled by Customer (collectively, the "Services"). The Services include the transportation of REC-90 to the location designated by Customer, dispensing of REC-90 into Customer’s vehicle or vessel, and provision of an itemized invoice and meter receipt confirming the volume of fuel dispensed. The Services also include the dispensing of REC-90 into Customer-supplied portable fuel containers, subject to the requirements set forth in Sections 1.2 and 2.7 below.
1.2 Fuel Containers.
Upon Customer’s request, Dockside may dispense REC-90 into one or more portable fuel containers supplied by Customer (each, a "Container"), subject to the requirements set forth in this Agreement (including Section 2.7). Each Container shall be considered a unit of delivery for purposes of the Charges, and Customer shall pay the per-gallon fuel charge for the volume dispensed into each Container. The Delivery Fee is charged per delivery trip and is not multiplied by the number of Containers filled in a single trip.
1.3 Fuel Specification.
All fuel delivered hereunder shall be REC-90, an ethanol-free recreational gasoline conforming to ASTM D4814 specifications. Customer acknowledges that REC-90 is gasoline and is suitable only for gasoline-powered engines. REC-90 is NOT suitable for diesel-powered engines, flex-fuel vehicles requiring E85, or any equipment requiring a fuel grade other than ethanol-free 90 octane gasoline. Dockside makes no representation or warranty that REC-90 is suitable for any specific vehicle, vessel, or engine, and Customer is solely responsible for confirming that REC-90 is appropriate for Customer’s vehicle or vessel before requesting Services.
1.4 Service Area.
The Services are presently offered only at the following Michigan inland lakes and immediately adjacent areas: Paw Paw Coloma, Diamond Lake, Eagle Lake, and Crooked Lake (the "Service Area"). Dockside reserves the right to modify, expand, contract, or temporarily suspend the Service Area at any time, in its sole discretion, with or without notice. Dockside has no obligation to provide Services outside the Service Area.
1.5 No Subscription; Pay-As-You-Go.
The Services are provided on a pay-as-you-go basis. There is no subscription term, no minimum commitment, and no automatic renewal. Customer may discontinue use of the Services at any time without penalty, subject to Customer’s payment obligations for Services already rendered or for confirmed Reservations as set forth in Section 3 below.
2. Customer Obligations and Representations
2.1 Eligibility.
Customer represents and warrants that Customer is at least eighteen (18) years of age, has the legal capacity to enter into this Agreement, and is requesting Services for personal, family, household, or business use within the Service Area.
2.2 Authority to Authorize Fueling.
Customer represents and warrants that, with respect to each delivery requested by Customer: (a) Customer is the owner of the vehicle or vessel to be fueled, or has full authority from the owner to authorize the fueling thereof; (b) Customer is the owner of the real property at the delivery location, or has full authority from the owner of such real property to permit Dockside’s entry onto the property and the dispensing of REC-90 thereon; and (c) Customer has obtained any consents, permits, or authorizations from any homeowners association, marina, dockmaster, or other third party as may be required for the delivery to occur.
2.3 Vehicle and Vessel Information.
Customer shall provide accurate and complete information regarding the make, model, year, and fuel type of each vehicle or vessel to be fueled, and shall update such information as needed to ensure its accuracy. Customer expressly represents and warrants that each vehicle or vessel for which Customer requests Services is a gasoline-powered vehicle or vessel suitable for use of REC-90, and is not a diesel-powered vehicle or vessel. Customer assumes all liability and shall indemnify Dockside in full for any damage to any vehicle, vessel, engine, fuel system, or other property arising from inaccurate or incomplete vehicle or vessel information provided by Customer, including without limitation Customer’s failure to disclose that a vehicle or vessel is diesel-powered.
2.4 Safe Access and Site Conditions.
Customer is solely responsible for ensuring that the delivery location is safe, accessible, and appropriate for the dispensing of REC-90. Without limitation, Customer shall: (a) provide Dockside with safe and lawful access to the vehicle or vessel to be fueled; (b) ensure the vehicle or vessel is properly secured, in fit condition to receive fuel, and positioned to permit dispensing without obstruction; (c) keep the immediate area surrounding the fueling location free of open flames, smoking materials, sparks, sources of ignition, bystanders (including children and pets), and any other hazards; (d) disclose to Dockside, in advance and in writing, any known hazards, including but not limited to overhead obstructions, soft or unstable ground, electrical equipment, water hazards, or hazardous materials at or near the delivery location; and (e) comply with all applicable laws and the lawful instructions of Dockside personnel during the delivery. Customer shall ensure that fueling does not occur during adverse weather conditions that increase environmental risk, including heavy rain or high winds. Customer shall ensure fueling areas are away from storm drains, shoreline edges, and environmentally sensitive areas.
2.5 NFPA Compliance and Post-Fueling Cool-Down.
Customer acknowledges that fueling of marine vessels is subject to specific safety requirements under the National Fire Protection Association Codes 30 and 30A ("NFPA 30/30A"), including without limitation a requirement that a marine vessel’s engine not be operated for a minimum of ten (10) minutes following completion of fueling in order to permit dissipation of fuel vapors. Customer expressly agrees to comply with this cool-down requirement and all other applicable provisions of NFPA 30/30A and any other applicable safety code, statute, or regulation. Customer assumes all liability for, and agrees to indemnify Dockside in full against, any damage, injury, fire, explosion, or other loss arising from Customer’s failure to comply with this Section 2.5.
2.6 Driver Discretion to Refuse Service.
Dockside personnel retain the absolute and unconditional right, in their sole and absolute discretion, to refuse, suspend, or terminate any delivery if they determine that completing the delivery would present an unreasonable risk of injury to persons, damage to property, or environmental release. Such determinations may be based on weather conditions, site access, vehicle or vessel condition, customer behavior, presence of bystanders, ignition sources, or any other factor identified by Dockside personnel in their sole discretion. Customer agrees that Dockside’s refusal to complete a delivery on such discretion shall not constitute a breach of this Agreement, and Customer shall remain liable for the Delivery Fee as set forth in Section 3 below.
2.7 Fuel Container Requirements.
With respect to any Container provided by Customer for filling, Customer represents, warrants, and covenants that: (a) the Container is a portable fuel container that is approved for the storage of gasoline by the U.S. Department of Transportation, the U.S. Environmental Protection Agency, OSHA, ASTM International, or other recognized governing authority, and bears such approvals and required markings; (b) the Container is constructed of materials suitable for gasoline, is in sound and undamaged condition, is free from leaks, cracks, or compromised seals, and is otherwise fit for the safe receipt and storage of REC-90; (c) the Container has not been used for any non-fuel purpose and is free from contaminants; (d) Customer has filled the Container only to the maximum fill volume marked on the Container or otherwise prescribed by the Container manufacturer or applicable law, and Customer authorizes Dockside personnel to stop dispensing at such fill level regardless of Customer’s stated request; and (e) the Container is positioned, at the time of filling, on a stable, level, non-conductive surface, away from open flames, sources of ignition, vehicles with running engines, and any vessel. Dockside personnel may, in their sole and absolute discretion, refuse to fill any Container that, in their judgment, fails to meet the foregoing requirements or that they otherwise determine to be unsafe to fill, in which case the Delivery Fee shall remain payable in accordance with Section 3.3. All containers must be filled on stable ground with secondary containment (e.g., spill tray). Containers shall not be filled while located inside a vessel, vehicle, or within fifteen (15) feet of a waterbody, unless secondary containment measures are deployed.
2.8 Custody Transfer; No Movement of Filled Containers by Dockside.
Title to and risk of loss for any REC-90 dispensed into a Container shall pass to Customer at the moment such REC-90 leaves the dispensing nozzle and enters the Container. Following the filling of any Container, Customer shall be solely and exclusively responsible for the placement, positioning, transport, securing, storage, handling, and use of the Container and its contents, including without limitation any further movement of the Container from the location at which it was filled. DOCKSIDE PERSONNEL ARE EXPRESSLY PROHIBITED FROM, AND SHALL NOT, MOVE, RELOCATE, REPOSITION, OR OTHERWISE TRANSPORT ANY FILLED CONTAINER, AND CUSTOMER ACKNOWLEDGES AND AGREES THAT DOCKSIDE HAS NO DUTY TO DO SO. Without limiting the foregoing, if any Dockside personnel, as a courtesy or accommodation, moves or repositions a filled Container at Customer’s request or otherwise, such action shall be deemed an act undertaken at Customer’s sole direction and risk, outside the scope of the Services, and Customer shall indemnify and hold harmless the Dockside Parties in accordance with Section 5.2 from and against any and all claims, damages, losses, and liabilities arising from or relating to such movement, including without limitation any fire, explosion, ignition, leak, spill, vapor release, or property damage occurring before, during, or after such movement. Customer expressly assumes all risk of placing any filled Container in proximity to heat sources, sunlight, ignition sources, structures, or persons, and Customer is solely responsible for selecting a safe storage location for any filled Container.
2.9 Environmental Compliance and Protection.
Dockside and Customer shall comply with all applicable federal, state, and local environmental laws, including but not limited to the Clean Water Act and regulations enforced by the Michigan Department of Environment, Great Lakes, and Energy ("EGLE"). Dockside shall implement reasonable best management practices ("BMPs") to prevent fuel spills, discharges, or releases into soil, groundwater, or surface waters. Container filling shall not occur within fifteen (15) feet of any waterbody unless secondary containment measures are deployed.
2.10 Spill Prevention and Response.
Dockside shall maintain spill prevention and response equipment, including absorbent materials and containment devices, on all service vehicles. In the event of any spill or release, Dockside shall immediately stop the source, contain the spill, notify Customer, and comply with all mandatory reporting requirements under Michigan law. Customer shall cooperate fully in any response, and the costs of any remediation efforts undertaken by Dockside on Customer’s behalf shall be subject to Customer’s indemnification obligations under Section 5.2.
2.11 Prohibited Locations.
The filling of Customer-supplied Containers shall not occur directly over water, on docks lacking spill containment protection, or within protected wetlands, unless expressly permitted by applicable law.
3. Reservations, Pricing, and Payment
3.1 Reservations.
Customer may request a delivery (a "Reservation") through the Dockside website, mobile application, or such other reservation method as Dockside may make available from time to time. A Reservation is confirmed when Dockside provides Customer with electronic confirmation of the requested date, time window, and delivery location. Once confirmed, a Reservation is binding on Customer, and Customer is obligated to make the vehicle or vessel and the delivery location available for the delivery as scheduled.
3.2 Pricing.
Customer shall pay for each delivery the sum of the following amounts (collectively, the "Charges"): (a) the per-gallon retail price of REC-90 as posted by Dockside on its website or otherwise communicated to Customer at the time of Reservation, plus a markup of $1.50 per gallon, multiplied by the number of gallons dispensed as recorded by Dockside’s calibrated meter; (b) a delivery fee of $30.00 per delivery (the "Delivery Fee"); and (c) all applicable federal, state, and local taxes, including without limitation Michigan motor fuel taxes and sales taxes. The Charges may be adjusted from time to time by Dockside in its sole discretion to reflect changes in wholesale fuel costs, regulatory charges, or operating costs. The Charges in effect at the time of the Reservation shall apply to that Reservation.
3.3 When the Delivery Fee is Charged.
The Delivery Fee is non-refundable and shall be charged to Customer in each of the following circumstances: (a) upon successful completion of a delivery; (b) if Customer cancels a confirmed Reservation, regardless of the reason or timing of the cancellation; or (c) if Dockside personnel travel to the delivery location and are unable to complete the delivery due to (i) Customer’s failure to be present, (ii) Customer’s failure to provide safe and accessible site conditions as required by Section 2.4, (iii) Dockside personnel’s reasonable determination under Section 2.6 that the delivery cannot be safely completed, or (iv) any other reason attributable to Customer or to circumstances at the delivery location. Customer expressly acknowledges and agrees that the Delivery Fee compensates Dockside for the dispatch, transportation, and personnel costs incurred in attempting the delivery, regardless of whether fuel is dispensed.
3.4 Payment Authorization; Credit Card on File.
Customer shall provide Dockside with valid, current, and complete payment card information at the time of registration or first Reservation, and shall keep such information current. Customer hereby authorizes Dockside, and any third-party payment processor engaged by Dockside (including without limitation Stripe, Inc.), to charge Customer’s payment card for all Charges incurred under this Agreement, including without limitation the per-gallon fuel charges, the Delivery Fee in any of the circumstances described in Section 3.3, taxes, and any tips or gratuities authorized by Customer. Customer represents and warrants that Customer is the authorized holder of the payment card provided and that Customer has authority to authorize charges on such card. Customer shall promptly update Customer’s payment card information in the event of expiration, loss, or replacement. Dockside is not responsible for fees, charges, or consequences imposed by Customer’s card-issuing bank as a result of Customer’s failure to maintain valid payment card information.
3.5 Invoicing and Receipts.
Following each delivery (or each charge of the Delivery Fee under Section 3.3), Dockside shall provide Customer with an electronic invoice or receipt itemizing the Charges, including the volume of fuel dispensed (where applicable), the per-gallon price, the markup, the Delivery Fee, applicable taxes, and any tips.
3.6 Disputes and Discrepancies; Seven-Day Notice.
If Customer believes any invoice or charge is incorrect, or that the volume of fuel dispensed was inaccurately recorded, Customer must notify Dockside in writing of the alleged discrepancy within seven (7) calendar days following the delivery or invoice date. Notice may be sent to the email address designated for customer service by Dockside on its website. Any discrepancy not asserted in writing within such seven (7) day period shall be conclusively deemed waived, and Customer shall have no right to dispute, offset, or seek a refund of the related Charges. Customer further agrees not to initiate a chargeback with Customer’s card-issuing bank without first complying with this Section 3.6 and providing Dockside a reasonable opportunity to investigate and resolve the dispute. Initiation of a chargeback in violation of this Section 3.6 shall be a material breach of this Agreement.
3.7 Late Payments; Suspension.
If any payment authorized hereunder is declined, reversed, or otherwise not received by Dockside, Dockside may, in its sole discretion: (a) reattempt the charge; (b) charge any other payment method on file; (c) assess a late charge of the lesser of 1.5% per month or the maximum amount permitted by applicable law; (d) suspend Customer’s access to the Services until all outstanding amounts are paid; and (e) recover its reasonable costs of collection, including actual attorneys’ fees and court costs.
4. Fuel Quality; Limited Warranty; Disclaimers
4.1 Limited Fuel Warranty.
Dockside warrants that the REC-90 delivered to Customer will, at the time of delivery, conform to ASTM D4814 specifications for ethanol-free 90 octane recreational gasoline. THIS IS THE ONLY WARRANTY PROVIDED BY DOCKSIDE WITH RESPECT TO THE FUEL OR THE SERVICES.
4.2 Disclaimer of Other Warranties.
Except for the limited warranty set forth in Section 4.1, the services and the fuel are provided "as is" and "as available," and Dockside expressly disclaims all other warranties, whether express, implied, statutory, or otherwise, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing, course of performance, or usage of trade. Without limitation, Dockside does not warrant that the fuel is suitable for any specific vehicle, vessel, or engine, that the services will be uninterrupted, error-free, or available at any particular time, or that the services will meet customer’s requirements or expectations.
4.3 Sole and Exclusive Remedy for Non-Conforming Fuel.
If Customer reasonably believes the fuel delivered does not conform to the warranty in Section 4.1, Customer shall provide written notice to Dockside within seven (7) calendar days of delivery in accordance with Section 3.6, together with a sample of the allegedly non-conforming fuel preserved in a clean, sealed container. Customer’s sole and exclusive remedy, and Dockside’s sole and exclusive liability, for non-conforming fuel shall be, at Dockside’s option, (a) replacement of the non-conforming fuel, or (b) refund of the price paid for the non-conforming fuel. Nothing more. Customer expressly waives any and all claims based on alleged engine damage, performance issues, or other consequences of fuel use except as expressly set forth in this Section 4.3.
5. Assumption of Risk and Indemnification
5.1 Assumption of Risk.
Customer acknowledges and agrees that the storage, transportation, dispensing, and use of gasoline (including REC-90) is an inherently hazardous activity that involves risk of fire, explosion, environmental release, personal injury, property damage, and death. Customer voluntarily and knowingly assumes all such risks, whether known or unknown, in connection with Customer’s use of the Services.
5.2 Indemnification by Customer.
Customer shall fully defend, indemnify, and hold harmless Dockside and its members, managers, officers, employees, agents, contractors, and representatives (collectively, the "Dockside Parties") from and against any and all third-party claims, demands, suits, actions, judgments, damages, losses, liabilities, fines, penalties, costs, and expenses (including reasonable attorneys’ fees and expert witness fees) arising out of or relating to: (a) any breach by Customer of any representation, warranty, covenant, or obligation under this Agreement; (b) any inaccurate or incomplete information provided by Customer regarding any vehicle, vessel, fuel type, or delivery location; (c) any injury, damage, or environmental release occurring at or arising from conditions at any delivery location, including without limitation any hazard not disclosed by Customer; (d) Customer’s failure to comply with NFPA 30/30A or any other applicable safety code, statute, or regulation; (e) any operation of any vehicle or vessel by Customer following a delivery, including without limitation any operation of a marine vessel within ten (10) minutes following completion of fueling; and (f) Customer’s negligence, gross negligence, or willful misconduct; (g) any defect in, unsuitability of, or unsafe condition of any Container; and (h) any movement, repositioning, placement, storage, transport, or use of any Container after filling, including without limitation any movement or repositioning of a filled Container by any Dockside personnel undertaken at Customer’s request or as a courtesy.
6. Limitation of Liability
6.1 Exclusion of Indirect and Consequential Damages.
In no event shall Dockside or any of the Dockside Parties be liable to Customer or to any third party for any consequential, indirect, incidental, exemplary, special, or punitive damages, including without limitation loss of use, loss of profits, loss of revenue, loss of business, loss of goodwill, loss of data, or diminution in value, whether arising out of breach of contract, tort (including negligence), strict liability, statute, or otherwise, regardless of whether such damages were foreseeable and whether or not Dockside has been advised of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy of its essential purpose.
6.2 Aggregate Cap on Liability.
In no event shall the aggregate liability of Dockside and the Dockside Parties arising out of or relating to this Agreement, the Services, or the Fuel, whether in contract, tort (including negligence), strict liability, statute, or otherwise, exceed the greater of (a) the total amount of Charges paid by Customer to Dockside in the twelve (12) months preceding the event giving rise to the claim, or (b) one thousand dollars ($1,000.00). The existence of multiple claims shall not enlarge or extend this limit.
6.3 Carve-Outs.
The limitations and exclusions in Sections 6.1 and 6.2 shall not apply to (a) Customer’s payment obligations under this Agreement; (b) Customer’s indemnification obligations under Section 5.2; or (c) any liability that, as a matter of applicable law, cannot lawfully be limited or excluded.
6.4 Basis of the Bargain.
Customer acknowledges and agrees that the limitations and disclaimers set forth in Sections 4 and 6 are essential elements of the bargain between the Parties, that the Charges payable by Customer reflect such allocation of risk, and that Dockside would not provide the Services on the agreed pricing absent such limitations and disclaimers.
7. Insurance
7.1 Dockside Insurance.
Dockside shall maintain such insurance as it deems reasonably appropriate for its operations, including commercial general liability, commercial automobile liability, and pollution liability insurance, in such amounts and on such terms as Dockside may determine from time to time.
7.2 Customer Insurance.
Customer is solely responsible for maintaining adequate insurance covering Customer’s vehicle(s), vessel(s), and real property, including without limitation marine hull and liability insurance for any vessel and homeowners’ or comparable insurance for any real property at which deliveries are made. Dockside has no duty to confirm or verify Customer’s insurance coverage, and the absence of such coverage shall not enlarge Dockside’s liability hereunder.
8. Photos, Data, and Privacy
8.1 Operational Photos.
Dockside personnel may take photographs of fuel meters, delivery sites, vehicles, and vessels for purposes of documenting deliveries, verifying volumes, and resolving disputes. Customer consents to the taking of such photographs and to Dockside’s retention of such photographs in its business records.
8.2 Privacy Policy.
Customer’s personal information collected in connection with the Services is subject to Dockside’s Privacy Policy, available on Dockside’s website, which is incorporated by reference into this Agreement. Customer acknowledges having had the opportunity to review the Privacy Policy.
9. Term, Suspension, and Termination
9.1 Term.
This Agreement shall commence on the Effective Date and shall continue until terminated as set forth herein.
9.2 Termination by Customer.
Customer may terminate this Agreement at any time by ceasing use of the Services and notifying Dockside in writing. Termination shall not relieve Customer of payment obligations for Services already rendered or for confirmed Reservations subject to the Delivery Fee under Section 3.3.
9.3 Termination or Suspension by Dockside.
Dockside may, at any time, in its sole discretion, suspend or terminate this Agreement and Customer’s access to the Services, with or without notice, for any reason or no reason, including without limitation: (a) Customer’s breach of any provision of this Agreement; (b) non-payment, declined or reversed charges, or chargebacks; (c) abusive, threatening, or unsafe conduct directed at Dockside personnel or others; (d) repeated unsafe site conditions or refusals of service under Section 2.6; or (e) Dockside’s good-faith determination that continued provision of the Services would create unreasonable risk.
9.4 Effect of Termination.
Upon any termination, Customer shall immediately pay all amounts then due. Sections 2.5, 3.3, 3.6, 4, 5, 6, 7.2, 8, 9.4, 10, and 11, and any other provision that by its nature is intended to survive termination, shall survive any termination of this Agreement.
10. Dispute Resolution; Forum Selection; Class Action Waiver
10.1 Important Notice.
THIS SECTION 10 CONTAINS A FORUM-SELECTION PROVISION, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
10.2 Informal Resolution.
In the event of any dispute, claim, or controversy arising out of or relating to this Agreement, the Services, or the Fuel (each, a "Dispute"), the Party initiating the Dispute shall first provide the other Party with written notice describing the nature of the Dispute and the relief sought, and the Parties shall attempt in good faith to resolve the Dispute through informal negotiation for a period of at least twenty (20) days following such notice. Compliance with this Section 10.2 is a condition precedent to commencing any judicial proceeding.
10.3 Forum and Tiered Jurisdiction.
The Parties expressly agree that all Disputes shall be resolved exclusively in the Michigan state courts identified in this Section 10.3, and the Parties waive any right to compel arbitration with respect to any Dispute. Subject to Section 10.2, exclusive venue and jurisdiction for any Dispute shall be as follows: (a) for Disputes in which the amount in controversy does not exceed seven thousand dollars ($7,000.00), the Small Claims Division of the 8th District Court for the County of Kalamazoo, Michigan; (b) for Disputes in which the amount in controversy exceeds seven thousand dollars ($7,000.00) but does not exceed twenty-five thousand dollars ($25,000.00), the 8th District Court for the County of Kalamazoo, Michigan; and (c) for Disputes in which the amount in controversy exceeds twenty-five thousand dollars ($25,000.00), the Circuit Court for the County of Kent, Michigan. Each Party irrevocably consents to the personal jurisdiction of, and venue in, the foregoing courts and waives any objection based on inconvenient forum, lack of personal jurisdiction, or improper venue. The Parties further agree that no Dispute shall be removed to federal court except where removal is non-waivable as a matter of law.
10.4 Class Action Waiver.
CUSTOMER AND DOCKSIDE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN SUCH PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING. NO COURT MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND NO COURT MAY PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES, OR THE FUEL. CUSTOMER FURTHER WAIVES ANY RIGHT TO SERVE AS A PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY ON BEHALF OF OTHER CUSTOMERS OR THE GENERAL PUBLIC. IF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE WITH RESPECT TO ANY DISPUTE OR ANY PORTION THEREOF, THEN AS TO SUCH DISPUTE OR PORTION THEREOF, THE PARTIES AGREE THAT IT SHALL NEVERTHELESS BE LITIGATED ONLY IN THE COURTS DESIGNATED IN SECTION 10.3 AND ONLY ON AN INDIVIDUAL BASIS TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
10.5 Equitable Relief.
Notwithstanding any other provision of this Section 10, either Party may seek injunctive, declaratory, or other equitable relief in the courts designated in Section 10.3 to protect its intellectual property rights, to enforce the confidentiality, non-payment, or indemnification provisions of this Agreement, or to prevent imminent harm, without first complying with Section 10.2 and without limitation as to the amount in controversy.
10.6 Governing Law.
This Agreement and any Dispute shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of laws principles or any choice of law rule that would result in the application of the laws of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
10.7 Waiver of Jury Trial.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY JUDICIAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES, OR THE FUEL. EACH PARTY ACKNOWLEDGES THAT (A) IT HAS HAD AN OPPORTUNITY TO CONSULT WITH COUNSEL OF ITS CHOICE BEFORE AGREEING TO THIS WAIVER, AND (B) THIS WAIVER IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY TO ENTER INTO THIS AGREEMENT.
10.8 Limitations Period.
Any Dispute must be commenced within one (1) year after the cause of action accrues. After such period, any cause of action shall be permanently barred. The Parties acknowledge that this period is shorter than the period that would otherwise apply under Michigan law and agree that this contractual limitations period is reasonable in light of the nature of the Services.
10.9 Attorneys’ Fees.
In any judicial proceeding arising out of or relating to this Agreement, the Services, or the Fuel, the prevailing Party shall be entitled to recover its reasonable attorneys’ fees, expert witness fees, and costs from the non-prevailing Party, in addition to any other relief to which the prevailing Party may be entitled.
11. General Provisions
11.1 Entire Agreement.
This Agreement, together with the Privacy Policy and any other documents expressly incorporated by reference, constitutes the entire agreement between the Parties with respect to its subject matter and supersedes all prior or contemporaneous agreements, representations, or understandings, whether written or oral.
11.2 Modifications.
Dockside may modify this Agreement from time to time by posting an updated version on its website and providing notice to Customer by email or in-app notification. Material changes shall not apply to confirmed Reservations existing at the time of the change. Customer’s continued use of the Services after the effective date of any modification constitutes acceptance of the modified Agreement. If Customer does not agree to the modified Agreement, Customer’s sole remedy is to discontinue use of the Services.
11.3 Assignment.
Customer shall not assign this Agreement or any rights or obligations hereunder without Dockside’s prior written consent, and any attempted assignment in violation hereof shall be void. Dockside may freely assign this Agreement, in whole or in part, including to any successor in interest by merger, acquisition, or sale of substantially all of its assets.
11.4 Notices.
Notices to Dockside shall be sent to the email address or mailing address designated for legal notices on Dockside’s website. Notices to Customer shall be sent to the email or mailing address provided by Customer at registration or as updated by Customer thereafter. Notices are deemed given upon delivery (for in-person and overnight delivery) or upon transmission (for email).
11.5 Force Majeure.
Dockside shall not be liable for any failure or delay in performance arising from causes beyond its reasonable control, including without limitation acts of God, severe weather, fire, flood, explosion, war, terrorism, civil unrest, government action, embargo, supply shortages, fuel shortages, labor disputes, equipment failure, pandemic, or transportation interruption. During any such event, Dockside may suspend the Services without liability.
11.6 Independent Contractor Relationship.
Dockside is an independent contractor, and nothing in this Agreement creates any agency, partnership, joint venture, fiduciary, or employment relationship between the Parties. Neither Party has authority to bind the other.
11.7 No Waiver.
No failure or delay by Dockside in exercising any right under this Agreement shall constitute a waiver thereof. Any waiver must be in writing and signed by Dockside to be effective.
11.8 Severability.
If any provision of this Agreement is held invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, or, if not modifiable, severed, and the remaining provisions shall remain in full force and effect.
11.9 Headings; Construction.
Headings are for convenience only and shall not affect interpretation. The words "include," "includes," and "including" shall be deemed to be followed by "without limitation." This Agreement shall not be construed against either Party as drafter.
11.10 Electronic Acceptance and Records.
Customer agrees that this Agreement may be accepted electronically, including by clicking a checkbox or button indicating acceptance, and that such electronic acceptance shall have the same legal effect as a handwritten signature. Customer further consents to receive all communications, notices, agreements, disclosures, invoices, and receipts from Dockside in electronic form.
11.11 Third-Party Beneficiaries.
There are no third-party beneficiaries of this Agreement, except that the Dockside Parties are intended third-party beneficiaries of the indemnification, limitation of liability, and release provisions of this Agreement.
11.12 Contact.
Questions, notices, and customer service inquiries may be directed to Dockside at: [email protected] | (877) 257-FUEL (3835) | PO Box 126, Oshtemo, Michigan 49077.
11.13 Environmental Training.
Dockside personnel shall receive training in hazardous materials handling, spill prevention, and environmental compliance procedures consistent with industry standards.
11.14 Recordkeeping and Reporting.
Dockside shall maintain records of any spill, release, or environmental incident and shall provide such records to regulatory authorities as required by law.
Acceptance
BY CHECKING THE BOX INDICATING ACCEPTANCE, OR BY REQUESTING, RESERVING, OR ACCEPTING ANY DELIVERY OF FUEL FROM DOCKSIDE, CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS, INCLUDING THE LIMITATION OF LIABILITY, ASSUMPTION OF RISK, NFPA COMPLIANCE OBLIGATIONS, INDEMNIFICATION, AND FORUM SELECTION AND CLASS ACTION WAIVER PROVISIONS.