TERMS OF SERVICE
Effective Date: April 1, 2026
1. Introduction and Acceptance of Terms
Welcome to Sota Slips & Dock Rentals (“Sota Slips,” “the Company,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of the Sota Slips platform, including the website located at www.sotaslips.com, any associated mobile applications, and all related services (collectively, the “Platform”). Please read these Terms carefully before using the Platform.
By creating an account, accessing, or using the Platform in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms. These Terms constitute a legally binding agreement between you and Sota Slips & Dock Rentals. If you do not agree to these Terms, you must not access or use the Platform.
Your use of the Platform is also subject to our Privacy Policy, which describes how we collect, use, and disclose your personal information. By using the Platform, you consent to the practices described in the Privacy Policy.
You must be at least eighteen (18) years of age and legally capable of entering into binding contracts to use the Platform. If you are using the Platform on behalf of a business or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms.
2. Definitions
The following terms have the meanings set forth below when used in these Terms:
“Boater” means any registered Member who uses the Platform to search for, reserve, or rent a slip, dock, or mooring from a Slip Owner.
“Booking” means a confirmed reservation made through the Platform for a Boater to use a specific Listing for a defined period of time.
“Listing” means any slip, dock, mooring, or related waterfront accommodation posted on the Platform by a Slip Owner and made available for rental.
“Member” means any individual or entity that has registered an account on the Platform, whether acting as a Slip Owner, a Boater, or both.
“Member Content” means any text, photographs, images, videos, reviews, ratings, or other materials that a Member creates, uploads, or submits through the Platform.
“Platform” means the Sota Slips & Dock Rentals website (www.sotaslips.com), any mobile applications, and all related tools, features, and services.
“Slip Owner” means any registered Member who lists a slip, dock, mooring, or other waterfront rental space on the Platform for use by Boaters.
“Service Fee” means the fee charged by Sota Slips to Members in connection with the facilitation of a Booking through the Platform.
3. Scope of Service
Sota Slips & Dock Rentals operates an online platform that connects Slip Owners who have available slips, docks, and moorings on Minnesota lakes and waterways with Boaters who seek to rent such spaces. The Platform facilitates the discovery, communication, and transaction process between Slip Owners and Boaters.
Sota Slips is solely a technology platform and marketplace intermediary. We do not own, operate, manage, or control any Listings or waterfront properties displayed on the Platform. We are not a party to any rental agreement between a Slip Owner and a Boater. When a Booking is confirmed, the resulting contractual relationship exists exclusively between the Slip Owner and the Boater.
Sota Slips does not act as an agent, broker, insurer, or contractor for any Member. We do not endorse, certify, or guarantee the quality, safety, legality, or suitability of any Listing, nor do we verify the accuracy of Listing descriptions, photographs, or other Member Content. Any indication that a Member has been “verified” refers only to the completion of an identity or account verification process and does not constitute an endorsement of that Member’s character, reliability, or trustworthiness.
We do not guarantee uninterrupted or error-free access to the Platform. We reserve the right to modify, suspend, or discontinue any features or functionality of the Platform at any time without prior notice.
4. Account Registration and Member Obligations
To access certain features of the Platform, including creating a Listing or making a Booking, you must register for an account. During registration, you agree to provide accurate, current, and complete information and to update such information as necessary to maintain its accuracy.
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify Sota Slips immediately of any unauthorized use of your account or any other breach of security. Sota Slips is not liable for any loss or damage arising from your failure to protect your account credentials.
You may not register more than one account without written authorization from Sota Slips. You may not assign or transfer your account to any third party. You may not use another person’s or entity’s name, a name you are not lawfully entitled to use, or any name that is offensive, vulgar, or misleading as your username.
All Members agree to comply with applicable federal, state, and local laws, including but not limited to Minnesota state law, in connection with their use of the Platform. Members are solely responsible for understanding and fulfilling their own legal obligations, including any tax reporting and remittance requirements.
5. Slip Owner Terms
5.1 Listing Requirements
Slip Owners must provide complete and accurate information when creating a Listing, including a detailed description of the slip, dock, or mooring; its precise location; dimensions and depth; available amenities; any access restrictions; and calendar availability. All photographs and images must accurately represent the current condition of the listed property.
Slip Owners are solely responsible for setting the rental price for their Listings. Once a Boater submits a Booking request at a stated price, the Slip Owner may not demand a higher price for that Booking.
5.2 Accuracy and Availability
Slip Owners must keep all Listing information, including pricing and calendar availability, current and accurate at all times. Failure to maintain accurate Listing information may result in cancellation penalties, removal of the Listing, or suspension of the Slip Owner’s account.
5.3 Compliance with Laws and Regulations
It is solely and exclusively the Slip Owner’s responsibility to research, understand, and comply with all applicable laws, regulations, ordinances, and rules governing their Listings and rental activities. Each body of water, marina, lake association, and municipality in Minnesota may have its own unique set of rules, and those rules may differ significantly from one location to another. Before creating any Listing on the Platform, the Slip Owner must independently investigate and fully understand every legal and regulatory requirement that applies to the specific lake, river, waterway, or marina where the Slip Owner’s slip, dock, or mooring is located. This includes, without limitation, compliance with:
- Minnesota Department of Natural Resources (MN DNR) regulations regarding docks, dock permits, watercraft, shoreline use, and waterway access;
- Lake association rules, lake improvement district regulations, and any lake-specific ordinances or bylaws governing dock usage, rental activity, or third-party access;
- County and local municipal zoning ordinances, shoreline management regulations, and conditional use permits;
- Marina rules, marina lease agreements, harbor authority regulations, and any marina-specific restrictions on subleasing or third-party docking;
- Homeowners association (HOA) covenants, condominium association rules, and riparian property restrictions that may limit or prohibit dock rentals;
- Any required permits, licenses, or government registrations for renting dock or slip space in the applicable jurisdiction;
- Federal, state, and local tax obligations, including any applicable transient occupancy, rental, or sales taxes.
5.4 Disclaimer of Company Liability for Local Law Compliance
SOTA SLIPS & DOCK RENTALS ASSUMES NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR A SLIP OWNER’S FAILURE TO RESEARCH, UNDERSTAND, OR COMPLY WITH ANY LOCAL LAWS, ORDINANCES, RULES, REGULATIONS, LAKE ASSOCIATION BYLAWS, MARINA RULES, COUNTY ORDINANCES, DNR REGULATIONS, OR ANY OTHER GOVERNING RULES SPECIFIC TO THE BODY OF WATER, LAKE, MARINA, OR WATERWAY WHERE THE SLIP OWNER’S SLIP, DOCK, OR MOORING IS LOCATED.
The Company does not monitor, verify, or audit whether any Listing complies with the local laws or rules applicable to a particular lake, waterway, marina, or jurisdiction. The Company does not provide legal advice regarding local regulations, nor does the Company represent that any particular rental activity is lawful in any particular location. The Company has no obligation to inform Slip Owners of applicable local rules.
Any and all fines, penalties, enforcement actions, legal proceedings, license revocations, or other consequences resulting from a Slip Owner’s non-compliance with any applicable law, regulation, ordinance, lake association rule, marina rule, HOA covenant, or other governing requirement are the sole and exclusive responsibility of the Slip Owner. The Slip Owner agrees that the Company shall have no liability, directly or indirectly, for any such consequences, and the Slip Owner shall indemnify and hold harmless the Company from any claims arising therefrom.
Slip Owners are strongly encouraged to consult with a qualified attorney and contact relevant local authorities, lake associations, and marina operators before listing any property on the Platform.
5.5 Insurance
Slip Owners are strongly encouraged to maintain appropriate liability insurance covering their dock, slip, or mooring and any rental activities conducted through the Platform. Slip Owners should review their insurance policies carefully to ensure coverage extends to third-party use of their property.
6. Boater Terms
6.1 Rental Use
A confirmed Booking grants the Boater a limited, non-exclusive license to use the specified slip, dock, or mooring for the duration of the Booking period. The Boater must vacate the space by the agreed-upon checkout time. Unauthorized overstays may result in additional fees and penalties.
Boaters are responsible for leaving the rental space in the same condition in which it was found. Any damage caused by the Boater or the Boater’s vessel, guests, or invitees is the sole responsibility of the Boater.
6.2 Vessel Requirements
Boaters must ensure that their vessel is properly registered with the State of Minnesota or the applicable jurisdiction, is in seaworthy condition, and meets all size and draft requirements specified in the Listing. Boaters are responsible for ensuring their vessel does not exceed the dimensions or weight limits of the rented slip, dock, or mooring.
6.3 Insurance and Compliance
Boaters must maintain valid watercraft insurance that, at a minimum, covers liability for property damage and bodily injury. Boaters are solely responsible for complying with all applicable boating laws and regulations, including Minnesota boating safety requirements, U.S. Coast Guard regulations, and any local waterway rules.
6.4 Prohibited Uses
Boaters may not use a rented slip, dock, or mooring for any purpose other than the lawful mooring or docking of a recreational vessel, unless the Listing expressly permits additional uses. Boaters shall not engage in commercial fishing, commercial charter operations, or any other commercial activity from a rented space without the express written consent of the Slip Owner and compliance with all applicable laws.
7. Bookings, Payments, and Fees
7.1 Booking Process
Boaters may request a Booking through the Platform by selecting an available Listing and following the on-screen instructions. A Booking is not confirmed until the Slip Owner accepts the request (or the request is auto-accepted, if the Slip Owner has enabled instant booking) and payment has been processed. Upon confirmation, a binding agreement is formed directly between the Slip Owner and the Boater.
7.2 Service Fees
Sota Slips charges a Service Fee to facilitate Bookings through the Platform. The applicable Service Fee will be clearly displayed to both the Slip Owner and the Boater before a Booking is confirmed. Sota Slips reserves the right to adjust the Service Fee structure at any time; however, changes will not affect Bookings already confirmed at the time of the adjustment.
7.3 Payment Processing
All payments are processed through Stripe, our third-party payment processor. By using the Platform to make or receive payments, you agree to be bound by Stripe’s terms of service and privacy policy. Sota Slips does not store or directly handle credit card or bank account information. The Boater’s payment is collected at the time of Booking confirmation, and the Slip Owner’s payout is remitted after deduction of the applicable Service Fee, in accordance with the payout schedule displayed on the Platform.
7.4 Taxes
Slip Owners are solely responsible for determining, collecting, and remitting any applicable taxes associated with their rental income, including state income taxes, sales taxes, and any local rental or occupancy taxes. Sota Slips does not provide tax advice and does not assume responsibility for any tax obligations of its Members.
8. Cancellation and Refund Policy
8.1 Boater Cancellations
Boaters may cancel a confirmed Booking through the Platform. Refunds are determined based on the amount of notice provided before the scheduled start of the rental period, as follows:
- 30 days or more before the rental start date: 95% refund of the rental fee.
- 14-29 days before the rental start date: 50% refund of the rental fee.
- 7-13 days before the rental start date: 25% refund of the rental fee.
- Less than seven (7) days before the rental start time: No refund (non-refundable).
Service Fees charged by Sota Slips are non-refundable except where cancellation results from a verified Platform error or where otherwise required by applicable law.
8.2 Slip Owner Cancellations
If a Slip Owner cancels a confirmed Booking, the Boater will receive a full refund of all amounts paid, including any Service Fees. Repeated cancellations by a Slip Owner may result in penalties, including reduced search ranking, temporary suspension, or permanent removal from the Platform.
8.3 Disputes
In the event of a dispute between a Boater and a Slip Owner regarding a cancellation or refund, either party may contact Sota Slips at info@sotaslips.com. Sota Slips will review the circumstances and may, at its sole discretion, issue a partial or full refund, adjust penalties, or take other action it deems appropriate.
9. Off-Platform Transaction Policy
Members are prohibited from using the Platform to identify, contact, or connect with other Members for the purpose of completing rental transactions outside the Platform. This includes, without limitation, exchanging personal contact information for the purpose of circumventing the Platform’s Booking and payment systems.
The prohibition against off-platform transactions applies to both Slip Owners and Boaters. Any Member found to be engaging in or facilitating off-platform transactions may be subject to account suspension, termination, or other enforcement actions at Sota Slips’ sole discretion.
This policy exists to protect both Slip Owners and Boaters by ensuring that all transactions benefit from the Platform’s payment processing, dispute resolution, insurance protections, and review system.
10. Reviews and Ratings
Following the completion of a Booking, both the Boater and the Slip Owner may submit a review and star rating regarding their experience. Reviews and ratings are posted publicly on the Platform and form part of the Member’s profile.
All reviews must be honest, accurate, and based on the Member’s genuine personal experience with the transaction. Reviews must not contain language that is defamatory, obscene, discriminatory, threatening, or otherwise inappropriate. Sota Slips reserves the right to remove any review that violates these standards.
Members are prohibited from manipulating the review and rating system in any manner, including soliciting or offering incentives for favorable reviews, posting false or misleading reviews, or coordinating with third parties to artificially inflate or deflate a Member’s ratings.
Reviews and ratings reflect the subjective opinions of individual Members and do not represent the views or endorsement of Sota Slips. Sota Slips does not verify the accuracy of reviews and disclaims any liability arising from reliance on review content.
11. Prohibited Activities
You agree not to engage in any of the following activities in connection with the Platform:
- Violating any applicable federal, state, or local law, regulation, or ordinance;
- Providing false, misleading, or inaccurate information in your account profile, Listings, or communications with other Members;
- Infringing upon or misappropriating the intellectual property rights, privacy rights, or other rights of any third party;
- Using the Platform for any fraudulent, deceptive, or illegal purpose;
- Harassing, threatening, discriminating against, or intimidating any other Member or person;
- Interfering with or disrupting the operation of the Platform, including through the use of viruses, bots, scripts, or other automated means;
- Attempting to gain unauthorized access to any portion of the Platform, other Members’ accounts, or any systems or networks connected to the Platform;
- Using the Platform to collect, harvest, or store personal information about other Members without their express consent;
- Circumventing or attempting to circumvent the Platform’s Booking, payment, or fee systems;
- Posting or transmitting any content that is obscene, pornographic, violent, or promotes illegal activities;
- Impersonating any person or entity, or falsely representing your affiliation with any person or entity;
- Engaging in any activity that could damage, disable, or impair the Platform or interfere with any other party’s use of the Platform.
Violation of these prohibitions may result in the immediate suspension or termination of your account, forfeiture of pending payouts, and any other remedies available to Sota Slips under these Terms or applicable law.
12. Intellectual Property
The Platform and all content, features, and functionality thereof — including but not limited to the website design, text, graphics, logos, trademarks, service marks, icons, and software — are the exclusive property of Sota Slips & Dock Rentals or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws.
Subject to your compliance with these Terms, Sota Slips grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform solely for your personal, non-commercial use as intended by the Platform’s functionality.
By uploading or submitting Member Content to the Platform, you grant Sota Slips a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, distribute, display, and create derivative works of such content in connection with the operation, promotion, and improvement of the Platform. You retain ownership of your Member Content, and nothing in these Terms restricts your right to use your own content outside the Platform.
You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Platform except as expressly permitted by these Terms.
13. Disclaimer of Warranties
THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SOTA SLIPS DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
SOTA SLIPS DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOTA SLIPS MAKES NO REPRESENTATION OR WARRANTY REGARDING THE RELIABILITY, ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT, INFORMATION, OR SERVICES AVAILABLE THROUGH THE PLATFORM.
SOTA SLIPS DOES NOT WARRANT THE QUALITY, SAFETY, LEGALITY, OR SUITABILITY OF ANY LISTING, SLIP, DOCK, MOORING, OR SLIP OWNER SERVICE. ALL TRANSACTIONS BETWEEN MEMBERS ARE CONDUCTED AT THE MEMBERS’ OWN RISK.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SOTA SLIPS MAKES NO REPRESENTATION OR WARRANTY THAT ANY LISTING COMPLIES WITH THE LOCAL LAWS, ORDINANCES, REGULATIONS, LAKE ASSOCIATION RULES, MARINA RULES, COUNTY ORDINANCES, DNR REGULATIONS, HOA COVENANTS, OR ANY OTHER GOVERNING RULES SPECIFIC TO THE BODY OF WATER, LAKE, MARINA, OR WATERWAY WHERE A SLIP, DOCK, OR MOORING IS LOCATED. THE COMPANY DOES NOT VERIFY, MONITOR, OR AUDIT COMPLIANCE WITH SUCH LOCAL RULES AND EXPRESSLY DISCLAIMS ALL LIABILITY ARISING FROM ANY MEMBER’S NON-COMPLIANCE WITH SUCH RULES.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SOTA SLIPS & DOCK RENTALS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE PLATFORM, ANY MEMBER CONTENT, OR ANY CONDUCT OF ANY MEMBER OR THIRD PARTY.
IN NO EVENT SHALL SOTA SLIPS’ TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM EXCEED THE GREATER OF (A) THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU TO SOTA SLIPS DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).
WITHOUT LIMITING THE FOREGOING, SOTA SLIPS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, DAMAGES, FINES, PENALTIES, LEGAL PROCEEDINGS, OR LOSSES ARISING FROM OR RELATED TO A SLIP OWNER’S OR BOATER’S FAILURE TO COMPLY WITH ANY LOCAL LAWS, ORDINANCES, REGULATIONS, LAKE ASSOCIATION RULES, MARINA RULES, DNR REGULATIONS, HOA COVENANTS, COUNTY ORDINANCES, OR ANY OTHER GOVERNING RULES APPLICABLE TO A SPECIFIC LAKE, BODY OF WATER, MARINA, OR WATERWAY IN MINNESOTA. EACH MEMBER ASSUMES ALL RISK AND LIABILITY ASSOCIATED WITH SUCH COMPLIANCE.
THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF SOTA SLIPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15. Indemnification
You agree to indemnify, defend, and hold harmless Sota Slips, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with:
- Your access to or use of the Platform;
- Your violation of these Terms or any applicable law or regulation;
- Your Member Content or any content you submit, post, or transmit through the Platform;
- Your interaction with any other Member, including any disputes between Members;
- Your provision or use of any Listing or rental services;
- Any damage to property or injury to persons arising from your use of a slip, dock, or mooring rented through the Platform;
- Any fines, penalties, enforcement actions, legal proceedings, or other consequences arising from your failure to comply with any local laws, ordinances, regulations, lake association rules, marina rules, DNR regulations, HOA covenants, county ordinances, or other governing rules applicable to a specific lake, body of water, marina, or waterway.
16. Dispute Resolution and Governing Law
16.1 Governing Law
These Terms and any disputes arising out of or related to these Terms or the Platform shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of laws principles.
16.2 Jurisdiction and Venue
Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Hennepin County, Minnesota. You consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.
16.3 Informal Resolution
Before initiating any formal legal proceedings, the parties agree to attempt to resolve any dispute informally by contacting Sota Slips at info@sotaslips.com. The parties shall make a good-faith effort to resolve the dispute within thirty (30) days of the initial notice. If the dispute is not resolved within that period, either party may proceed with formal legal remedies.
17. Modifications to Terms
Sota Slips reserves the right to modify, amend, or update these Terms at any time at its sole discretion. When material changes are made, we will update the “Effective Date” at the top of this document and may provide additional notice through the Platform, by email, or by other reasonable means.
Your continued use of the Platform after the posting of revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must discontinue your use of the Platform and close your account. Changes to these Terms will not apply retroactively to Bookings confirmed before the effective date of the revised Terms.
18. Termination
You may terminate your account at any time by contacting Sota Slips or through the account settings on the Platform. Termination of your account does not relieve you of any obligations incurred prior to termination, including pending Bookings and any outstanding payment obligations.
Sota Slips may suspend or terminate your account and access to the Platform at any time, with or without cause or notice, including but not limited to situations where we reasonably believe you have violated these Terms, engaged in fraudulent or illegal activity, or posed a risk to other Members or the integrity of the Platform.
Upon termination, your right to use the Platform ceases immediately. Sections of these Terms that by their nature should survive termination — including but not limited to Sections 12 through 16 (Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Dispute Resolution) — shall continue in full force and effect after termination.
19. General Provisions
These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Sota Slips & Dock Rentals with respect to the subject matter hereof and supersede all prior agreements, negotiations, and understandings.
No joint venture, partnership, employment, or agency relationship exists between you and Sota Slips as a result of these Terms or your use of the Platform. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. Sota Slips’ failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
You may not assign or transfer these Terms or any rights or obligations hereunder without Sota Slips’ prior written consent. Sota Slips may freely assign or transfer these Terms without restriction. Any notices required or permitted under these Terms will be delivered electronically via email or through the Platform.
20. Contact Information
If you have any questions, concerns, or inquiries regarding these Terms of Service, please contact us at:
Sota Slips & Dock Rentals
Website: www.sotaslips.com
Email: info@sotaslips.com
By using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.