These Terms constitute a legally binding agreement between you and Dockside. Please read these Terms carefully before you start using the Site. By accessing or using any portion of the Site, you accept and agree to be bound and abide by these Terms. Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms.

Dockside may revise and update these Terms from time to time in its sole discretion to reflect changes to the Site, changes in applicable law, regulatory developments, technology, or business practices. All changes are effective immediately when posted and apply to all access to and use of the Site thereafter. Where a change is material, Dockside will use commercially reasonable efforts to provide additional notice, such as by email, in-app notification, or a banner on the Site. Your continued use of the Site following the posting of revised Terms constitutes your acceptance of those revised Terms. You are expected to check this page periodically so that you are aware of any changes, as they are binding on you.

When you use the Site, register for an account, or communicate with Dockside electronically, you consent to receive communications from Dockside electronically. Dockside will communicate with you by email, by text message (where you have provided a mobile telephone number and, where required, consent), by in-app notification, by notice posted on the Site, or by other electronic means. You agree that all agreements, notices, disclosures, receipts, invoices, and other communications that Dockside provides to you electronically satisfy any legal requirement that such communications be in writing. You are responsible for any messaging, data, or wireless carrier fees that may apply to communications you receive. Standard message and data rates may apply. Additional information about text message communications, including how to opt out, is set forth in the Privacy Policy.

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

The information presented on or through the Site is made available solely for general information purposes. While Dockside endeavors to keep information about pricing, fuel products, service areas, delivery schedules, route availability, and related matters reasonably current, Dockside does not warrant the accuracy, completeness, or usefulness of any such information. Any reliance you place on such information is strictly at your own risk. Dockside disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

The Site may include content provided by third parties, including materials provided by other users, lake associations, marinas, bloggers, and third-party licensors, syndicators, aggregators, weather and route data providers, and reporting services. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Dockside, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Dockside. Dockside is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, sponsored links, and links to payment processors, mapping providers, weather services, and other third-party service providers. Dockside has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Dockside is based in the State of Michigan in the United States. Dockside provides the Site for use only by persons located in the United States, and Dockside provides fuel delivery services only within the published service areas in Michigan. Dockside makes no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

All information that Dockside collects on or through the Site is subject to the Dockside Privacy Policy and the Dockside Cookie Policy. By using the Site, you consent to all actions taken by Dockside with respect to your information in compliance with the Privacy Policy and the Cookie Policy.

You understand that Dockside cannot and does not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, DOCKSIDE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DOCKSIDE NOR ANY PERSON ASSOCIATED WITH DOCKSIDE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER DOCKSIDE NOR ANYONE ASSOCIATED WITH DOCKSIDE REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, DOCKSIDE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. ANY WARRANTIES RELATING TO FUEL DELIVERED BY DOCKSIDE ARE LIMITED TO THE WARRANTIES SET FORTH IN THE CUSTOMER SERVICE AGREEMENT.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, IN NO EVENT WILL DOCKSIDE, ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, OFFICERS, CONTRACTORS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DOCKSIDE’S AND ITS AFFILIATES’ AGGREGATE LIABILITY TO YOU UNDER OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS PAID BY YOU TO DOCKSIDE FOR SERVICES IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00). LIABILITY ARISING OUT OF THE PROVISION OF FUEL OR DELIVERY SERVICES IS ADDITIONALLY GOVERNED BY, AND SUBJECT TO THE LIMITATIONS SET FORTH IN, THE CUSTOMER SERVICE AGREEMENT.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You agree to defend, indemnify, and hold harmless Dockside, its affiliates, licensors, and service providers, and its and their respective members, managers, officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Site, including, but not limited to, your User Contributions, any use of the Site Content, or services other than as expressly authorized in these Terms, or your use of any information obtained from the Site; (c) any misrepresentation made by you in your registration, account information, vehicle or vessel information, payment information, or User Contributions; or (d) your violation of any rights of another, including any intellectual property, privacy, or proprietary right.

All matters relating to the Site and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Michigan, without giving effect to any choice or conflict of law provision or rule (whether of the State of Michigan or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively 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. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. Notwithstanding the foregoing, Dockside may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

YOU 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 THESE TERMS OR THE SITE. YOU FURTHER WAIVE ANY RIGHT TO SERVE AS A PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY ON BEHALF OF OTHER USERS 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 18 AND ONLY ON AN INDIVIDUAL BASIS TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

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 THESE TERMS OR THE SITE.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. THE PARTIES ACKNOWLEDGE THAT THIS PROVISION CONSTITUTES A KNOWING AND VOLUNTARY ABBREVIATION OF THE OTHERWISE APPLICABLE STATUTE OF LIMITATIONS UNDER MICHIGAN LAW.

You may not assign or transfer these Terms, or any rights or obligations hereunder, without Dockside’s prior written consent, and any attempted assignment in violation hereof shall be void. Dockside may assign these Terms, in whole or in part, at any time, with or without notice to you, including in connection with any merger, acquisition, financing, reorganization, bankruptcy, or sale of all or substantially all of Dockside’s assets.

These Terms, together with the Privacy Policy, the Cookie Policy, the Customer Service Agreement, and any other terms or policies expressly incorporated by reference, constitute the sole and entire agreement between you and Dockside regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site. In the event of any conflict between these Terms and any other document, the following order of precedence shall apply: (a) the Customer Service Agreement with respect to fuel delivery services; (b) these Terms with respect to use of the Site; and (c) the Privacy Policy and Cookie Policy with respect to information collection and use.

This Site is operated by Dockside Fuel Services, LLC. Comments, questions, complaints, requests for technical assistance, and other communications regarding the Site should be directed to:

Dockside Fuel Services, LLC PO Box 126 Oshtemo, Michigan 49077 Phone: (877) 257-FUEL (3835) | (269) 400-1766 Email: info@docksidefuelservices.com

Dockside respects the intellectual property rights of others. If you believe that any User Contribution or other content on the Site infringes your copyright or other intellectual property rights, please send a written notice to the contact information above, including a description of the work claimed to be infringed, the location of the allegedly infringing material, your contact information, a statement of good-faith belief that the use is unauthorized, and a statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the right being infringed.

BY ACCESSING OR USING THE SITE, OR BY CLICKING A BUTTON OR CHECKBOX INDICATING ACCEPTANCE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.