These Terms of Use govern access to and use of the ProDocks dock scheduling platform and related website, applications, and services (collectively, the "Platform"). The Platform is provided by Productiv, Inc. ("Productiv," "ProDocks," "we," "us," or "our").
By accessing or using the Platform, you agree to these Terms of Use. If you are using the Platform on behalf of a company or other organization, you represent that you have authority to bind that organization, and "you" and "your" refer to that organization and its authorized users.
ProDocks is a dock scheduling and visibility platform. Subject to these Terms of Use and any applicable master service agreement, order form, or other written agreement with Productiv (collectively, the "Customer Agreement"), you may access and use the Platform only for your internal business purposes.
You may allow your employees and authorized contractors to use the Platform on your behalf. You are responsible for their use of the Platform and for ensuring they comply with these Terms of Use and any applicable Customer Agreement.
To use certain portions of the Platform, you may be required to create an account or be provisioned with login credentials. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You agree to:
We may disable or suspend access credentials that we reasonably believe have been compromised or are being used in violation of these Terms of Use.
If you purchase access to the Platform through online checkout, you agree to pay all fees presented at the time of purchase. Unless otherwise expressly agreed in writing, fees are payable by credit card or other electronic payment method accepted by ProDocks.
For recurring subscriptions, you authorize ProDocks to charge your payment method on a recurring basis for subscription fees, renewal fees, overage fees, taxes, and any other amounts due under the applicable Customer Agreement.
Subscriptions are month-to-month unless otherwise stated at checkout or in a Customer Agreement, and automatically renew for successive monthly periods unless canceled before the next renewal date.
Fees are non-refundable except as expressly stated in the applicable Customer Agreement. We may change pricing on a going-forward basis by providing advance notice.
You may not, and may not permit any third party to:
As between you and ProDocks, you retain your rights in data you submit to the Platform ("Customer Data"). You grant ProDocks the limited right to host, process, transmit, display, and use Customer Data as necessary to provide, support, maintain, secure, and improve the Platform and as otherwise permitted by the applicable Customer Agreement.
You are responsible for the accuracy, legality, and content of Customer Data and for the means by which you acquire and provide it to the Platform.
The Platform is a scheduling and visibility tool only. ProDocks does not guarantee dock availability, carrier performance, throughput, labor utilization, appointment attendance, on-time delivery, detention avoidance, demurrage avoidance, chargeback avoidance, or any other operational or commercial outcome.
You remain solely responsible for your scheduling decisions, staffing, carrier management, facility operations, compliance obligations, data entry, and use of the Platform's outputs.
We use commercially reasonable efforts to maintain Platform availability and security. However, the Platform may be unavailable from time to time due to scheduled maintenance, emergency maintenance, internet or telecommunications issues, third-party provider failures, force majeure events, or circumstances beyond our reasonable control.
Any service levels, service credits, support commitments, or uptime commitments are governed solely by the applicable Customer Agreement, if any.
We may suspend or restrict access to the Platform, in whole or in part, immediately upon notice if:
Suspension does not relieve you of your payment obligations.
We may terminate or suspend your access if you fail to cure a payment failure or other material breach within any applicable cure period set forth in the Customer Agreement, or immediately if no written Customer Agreement applies and we reasonably determine suspension or termination is necessary to protect the Platform, our business, or other users.
You may stop using the Platform at any time. If you are subject to a Customer Agreement, termination and cancellation are governed by that agreement.
The Platform, including all software, technology, designs, interfaces, documentation, trademarks, service marks, content, and related intellectual property, is owned by Productiv, Inc. or its licensors and is protected by applicable intellectual property laws.
Except for the limited rights expressly granted in these Terms of Use or in the applicable Customer Agreement, no rights are granted to you by implication, estoppel, or otherwise.
If you provide suggestions, ideas, enhancement requests, recommendations, or other feedback regarding the Platform, you grant ProDocks a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free right to use and exploit such feedback for any lawful purpose without restriction or compensation to you.
The Platform may interoperate with or link to third-party services, systems, or websites. ProDocks does not control and is not responsible for third-party services, including their availability, security, accuracy, or practices.
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRODOCKS DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, PRODOCKS DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE AGAINST EVERY THREAT, OR FREE OF HARMFUL CODE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRODOCKS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL, DETENTION, DEMURRAGE, CHARGEBACKS, FREIGHT PENALTIES, MISSED DELIVERY PENALTIES, OR LOSS OF BUSINESS OPPORTUNITY ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS OF USE.
IF YOU HAVE ENTERED INTO A CUSTOMER AGREEMENT WITH PRODOCKS, THE LIABILITY LIMITATIONS IN THAT AGREEMENT SHALL GOVERN. IF NO CUSTOMER AGREEMENT APPLIES, PRODOCKS' AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS OF USE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO PRODOCKS FOR USE OF THE PLATFORM DURING THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
These Terms of Use are governed by the laws of the Commonwealth of Virginia, without regard to its conflict of laws principles.
We may update these Terms of Use from time to time. If we make material changes, we may provide notice by posting the updated Terms on the Platform, by email, or through an in-Platform notice. Your continued use of the Platform after the effective date of the updated Terms constitutes acceptance of the revised Terms.
If you have questions about these Terms of Use, please contact:
Productiv, Inc.
1157 Jefferson Green Circle
Midlothian, VA 23113
Email: support@getprodocks.com