Terms of Service

1. Acceptance of These Terms

By reaching this website, by reading its pages, by pressing send on our contact form, or by accepting a written proposal from the harbormaster office, you accept these Terms of Service. If you do not agree with any part of these terms, please do not use the website and do not ask us to begin work. Certain marina services will involve a separate signed agreement that adds the specific details of your site; where that separate agreement and these terms both apply, the separate agreement controls anything that is not covered here.

When you act on behalf of a marina owner, a homeowners association, a company or any other organization, you confirm that you have the authority to bind that organization to these terms and to any proposal we accept.

2. Who We Are

DSX HOLDINGS LLC supplies management and technical services around marinas and waterfront property. We manage slips and berths, maintain and upgrade docks, run watercraft storage programs, advise on shoreline erosion, operate marinas for homeowners associations, and offer boater support at the dock. Our work is coordinated from our office on Pier Pl in Stansbury Park, Utah, in the United States, where our address is DSX HOLDINGS LLC, 39 Pier Pl, Stansbury Park 84074-4918, United States (US).

You can reach us at alert@dsxholdings.autos or by telephone at +17855608949. The website introduces our services and lets you start a conversation. Nothing on the website is itself a binding agreement to carry out any specific work; that agreement forms when we both sign a written order or proposal that describes a particular job.

3. Use of Our Website

We grant you a limited, non-exclusive, revocable right to view and use the pages of this website for your own personal and business purposes related to evaluating or arranging our services. You may print a copy of a page for your records. You may not copy, reproduce, republish, re-sell, mirror or otherwise distribute the content of this website in any form, in whole or in part, without our written permission, except as the law allows for your own private review.

The website is provided for lawful purposes only. You agree not to use this website to upload or send anything unlawful, harmful, misleading or obscene. You agree not to attempt to gain unauthorized access to any part of the website, to its server, or to another user account, and not to interfere with the proper working of the website through harmful code or excessive requests.

We may change, pause or withdraw any part of the website at any time without notice. Where the law permits, we are not liable to you if any part of the website becomes unavailable, changes or is removed.

4. Your Responsibility for Accurate Information

When you describe your marina, your dock, your boat or your shoreline to us, we rely on that description to recommend services, to schedule crews and to prepare a fair quote. You are responsible for providing information that is accurate and complete so far as you know it.

A quote for dock work or a survey assumes the facts you give us are correct. If the real conditions differ materially from what you told us, we may need to adjust the scope and the price and we will tell you before we do the extra work. Minor field corrections that any competent crew would expect, such as a slightly longer mooring line or an extra cleat, will normally be handled in the course of the job and shown clearly on the final invoice.

5. Quotes and Proposals

After we understand your site, we will give you a clear proposal in writing. A written proposal states the work we will do, the materials or parts involved where they matter, the price, and the expected timing. Our proposals are not open-ended commitments; they carry a stated validity period, and we ask you to accept within that period so we can reserve crew time.

Until you accept a proposal in writing, we have no obligation to begin. Acceptance may be shown by your signature on a proposal, by your written authorization by email, or by another method we agree on. When you accept, that proposal, together with these Terms of Service, forms the contract for the service.

Any estimate we offer over the telephone or in a casual conversation is a starting point only and does not become a binding price until it appears in a written proposal and is accepted.

6. Scope of Marina Services

The services we provide will be described in your particular proposal. By way of background, our work commonly includes the following categories, each of which can be selected separately or combined.

Marina slip management

Where we manage slips for an owner or an association, we keep the berth ledger, administer waiting lists, coordinate assignments, and help keep seasonal rules clear. Decisions about allocations and any enforcement follow the rules of the owner or association, and we carry out those rules on their behalf.

Dock maintenance and upgrades

We inspect, repair and improve fixed and floating dock systems. This work involves judgment about the condition of wood, hardware, fasteners and flotation. Unless a proposal says otherwise, our responsibility is limited to the specific items listed in the scope of work and does not extend to latent conditions we could not reasonably detect from an ordinary inspection.

Watercraft storage

Our storage programs cover wet slips, dry racks, sheds and seasonal winterization. We take care to handle your craft and gear with reasonable care, but any storage arrangement for your own boat remains at your risk under the standard insurance principles described later in these terms.

Shoreline erosion consulting

We provide written advice, surveys and recommendations about banks and shorelines. Erosion consulting and the repair work that follows it involve natural processes, water levels and weather that no advice can fully remove. Our reports are professional guidance and are not a guarantee that erosion or water movement will not continue under extreme conditions. Where a regulatory permit is required for a shoreline remedy, obtaining that permit is your responsibility unless we agree in writing to arrange it.

HOA marina operations

When we run a marina on behalf of a homeowners association, we act as the association contracted agent for the day-to-day operation described in our operating agreement. Powers to collect dues, make rules or take enforcement action belong to the association and to the law, and we exercise them only as the association authorizes and within the law. We do not act for individual residents in a legal capacity, and our communications are operational rather than legal advice.

7. Fees, Billing and Payment

Your proposal sets the price for the agreed work. Any recurring fees, such as monthly slip fees or association operating fees, are invoiced on the schedule stated in the proposal or the operating agreement. One-time project work is normally invoiced when the work is complete, unless we agree on a staged billing plan for a longer project.

Invoices are due within the number of days shown on the invoice, which is usually fourteen days from the invoice date unless a different period is stated. Payment may be made by the methods we tell you are available. If a payment is late, we may suspend further work on a project and we may stop issuing new receipts or new berth documents until the account is current.

If we pay out of pocket for permits, parts or subcontracted costs that we agreed would be passed through, we will show those costs on your invoice with supporting detail. We do not charge hidden administrative markups beyond what the proposal states.

8. Deposits and Scheduling

Some larger projects, winterization work and seasonal reservations may require a deposit to reserve crew time and materials. A deposit is credited toward the final invoice and is not an extra charge. If you cancel a project after we have committed to a start date and have ordered materials, the deposit may be applied to our unavoidable costs and lost time, on the fair basis described in the section on ending an engagement.

We schedule work in the order it is confirmed and according to the seasonal window it requires. Delays caused by weather, by waiting for a part, or by site factors beyond our control may move a start date. Where the delay is significant, we will tell you promptly and we will not charge you for time we were unable to work because conditions out of our control prevented us from starting.

9. Changes to Work and Variants

If, after a proposal is accepted, you ask us to add work, change the materials, or alter the scope, we will confirm the change and any effect on price and timing before we proceed. A change is not binding until we confirm it in writing, in most cases by email.

If during the work we find a condition that was not reasonably visible when we priced the job and that makes the original scope unsafe or impractical, we will stop at the affected point and explain the situation. We will not proceed with costly or unexpected additional work beyond the stated contingency without your written agreement. Where a condition is immediately dangerous, we may take reasonable protective steps and tell you what we did and why.

10. Exclusions, Disclaimers and Liability

We carry out our services with the ordinary skill, care and diligence of competent professionals in the marina management and waterfront trades, and we stand behind the work described in our proposals. However, we cannot and do not warrant that any service will be free from every problem, and we make no warranty beyond the repair guarantees expressly written into your proposal or operating agreement.

To the fullest extent allowed by law, our total liability to you arising out of or relating to this website, a proposal or any service we provide will not exceed the amount you actually paid to us for the particular service that gave rise to the claim. We will not be liable to you for indirect, incidental, special or consequential damages, or for loss of profit, revenue, goodwill or data, even if we were told that those losses might occur. Nothing in these terms limits any liability that the law does not allow a business to limit, such as liability for death or personal injury caused by negligence.

The content on this website is provided on an as-is basis for information only. We do not warrant that the website will be free of errors, that it will always be available, or that its content will always be current. Before relying on any information on the website for a business decision, we recommend you contact the office to confirm the current state of any service, price or schedule.

11. Risk, Weather and Site Conditions

Work near water is exposed to weather, water levels and natural forces that no contractor can fully control. When we start work you should understand that your dock, your shore and any craft on site remain subject to the ordinary risks of weather and water, such as high winds, ice, drifting debris and changing water levels, and that our work is intended to reduce but not to eliminate those risks for the future.

If severe weather threatens an active site, we will take reasonable precautions available to us and will tell you what we recommend. We are not responsible for damage caused by an extreme weather event, by a water authority changing levels, or by vandalism or third-party conduct that reasonable professional measures could not reliably prevent. Our field crews follow safe practice and we act responsibly, but the physical risk of the water itself does not transfer to us beyond the scope of the work we agreed to do.

12. Insurance Responsibilities

We maintain reasonable commercial insurance appropriate to our trade and we expect our clients to maintain their own insurance for their craft, their structures and their property. Your boat and your personal property, whether kept at a slip, in a rack or in a shed, are your responsibility to insure for risks such as fire, theft, storm and collision.

Where we manage a marina for an association, the association should carry the property and liability coverages that apply to the common docks and amenities. When we work on your private dock, any improvement to permanent real property remains yours and you should make sure your own homeowners or commercial policy recognizes it. We support you with the certificates and information we hold, but arranging and funding the insurance is your task.

13. Ending or Postponing an Engagement

You may end a service engagement by giving us written notice. Each of us may also end a project for a serious, continuing breach that the other side does not correct within a reasonable period after notice. Where you end an engagement before the work is complete, you owe us payment for all work properly completed to the date of termination and for materials we have ordered and cannot reasonably return or reuse.

If we suspend or end an engagement because you fail to give us accurate information, refuse reasonable access, fail to pay, or otherwise breach these terms or your proposal, we may treat the engagement as ended for your breach, keep amounts due, and recover our reasonable costs where the law allows. On ending, either for our breach or yours, we will return to you any confidential information we hold about your site, expect for records we are legally required to keep.

14. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless DSX HOLDINGS LLC, its owners and its personnel from and against claims, damages and reasonable costs arising out of your breach of these terms, your submission of inaccurate information, your misuse of the website, or your independent acts on a site where we are not the responsible party under the proposal. This indemnity does not apply to a claim caused by our own negligence that the law would not allow us to pass back to you.

Where an association arranges work on our behalf on common property, we expect the association to stand behind its authorization and to hold us harmless for losses caused by relying on decisions the association had the authority and duty to make. We cooperate with any insurer in resolving a claim and we do not admit liability on your behalf.

15. Intellectual Property and Site Content

The design, text, layout, graphics, symbols and logos on this website belong to DSX HOLDINGS LLC or to the owners who license them to us. They are protected as the intellectual property of their holders. The small line drawings and motifs you see here, such as marks suggesting cleats, slip maps, tide boards and life rings, are original decorative elements we use to explain our character and are not sold or licensed through this website.

Reports, plans and recommendations we prepare for you are provided for your own use on the site they describe. You may share a report with your association, your bank or your contractor as needed to act on it, but you may not resell it or present it as your own work. Any ownership interest we hold in our internal methods, forms and records remains with us unless a proposal transfers it to you in writing.

16. Restrictions on Resale and Misuse

Our website and our services are intended for real marina owners, associations, managers and boaters. You may not use automated tools to scrape, or bulk download, any part of the website, and you may not rebuild our content for your own site. You may not use our name, logo or content to imply that we endorse your business unless we have agreed in writing.

You may not use our contact details to send unsolicited bulk messages, and you may not impersonate DSX HOLDINGS LLC or any of its personnel. We may refuse service to anyone who uses the website or the office line in a way that is unlawful, harassing or aimed at misleading others.

17. Governing Law and Jurisdiction

These Terms of Service and any agreement for services are governed by the laws of the State of Utah and the applicable laws of the United States, without regard to conflict of law rules that would select another jurisdiction. The parties submit to the exclusive jurisdiction of the state and federal courts located in the State of Utah for any dispute arising out of or relating to these terms or to an accepted proposal, except where the law requires a different forum.

If you access the website from outside the United States you do so on your own initiative and you are responsible for complying with your local laws. Nothing in these terms grants rights to any party who is not a party to them.

18. Dispute Resolution

We prefer to settle disagreements by straightforward conversation, and we will always respond to a genuine complaint in good faith. Before starting any formal action over an invoice or a service matter, either party may ask the other for a written description of the issue and a reasonable period to discuss a fair solution. Most concerns resolve at this early, informal stage.

If a dispute is not settled informally, either party may take the matter to the courts described in the governing law section. Nothing requires informal discussion before a party takes urgent action to protect safety or to prevent harm. You agree not to bring a claim against us more than one year after the event that gives rise to the claim, to the extent the law permits such a limit.

19. Notices and Communication

Any notice you send us under these terms should be sent to DSX HOLDINGS LLC at alert@dsxholdings.autos or by mail to 39 Pier Pl, Stansbury Park 84074-4918, United States (US). A notice is deemed received on the business day after it is sent by email, unless the email returns as undeliverable, or on delivery if sent by mail. We may send notices to you at the email or postal address you have most recently provided.

For scheduling and routine matters, the fastest route is our office line at +17855608949. You should treat you own email address as an active channel and let us know promptly if it changes, so that invoices and notices reach you.

20. Severability and Entire Agreement

If any part of these terms is found to be unlawful, void or unenforceable, that part will be severed and will not affect the enforceability of the remaining parts, which continue in full effect. We will replace a severed part, where possible and lawful, with a valid term that comes closest to the intention of the original.

These Terms of Service together with any accepted proposal and any separate signed agreement you make with us represent the entire agreement between you and DSX HOLDINGS LLC about the matters they cover. They replace any earlier written or spoken promises about those matters. If we do not enforce a provision in one situation, that does not mean we waive it for any later situation.

21. Changes to These Terms

We may revise these Terms of Service from time to time to reflect changes in our services, the law or how we do business. The date at the top of this page shows when the current version was last updated. Any new version applies to use of the website and to work beginning after the change is posted.

If a change affects a service you already have under a written proposal or operating agreement, the change applies only to the extent that proposal or agreement allows. Otherwise the terms that applied when you accepted that proposal continue to govern that engagement, while the newly posted terms govern your future use of the website and future proposals.

22. Contacting Us About These Terms

If you have any question about these Terms of Service, about a proposal, or about a service we have provided, please get in touch with the office. We answer promptly and we would rather clarify a point of concern early than discover a misunderstanding too late.

Please keep a copy of any proposal and any invoice that you accept, because in the unlikely event of a dispute those documents, together with these terms, form the record of what we promised and what we delivered.