Terms of Service
POOL RENTAL NEAR ME
TERMS OF SERVICE
Effective Date: May 6, 2026 Last Updated: May 6, 2026 Version: 2026.1
IMPORTANT — PLEASE READ CAREFULLY. These Terms of Service contain a binding individual arbitration agreement and a class-action waiver in Section 25, a 30-day right to opt out of arbitration in Section 25.10, and important disclosures about pool-rental risks, liability waivers, payment, and your privacy rights. If you do not agree to any part of these Terms, do not access or use the Platform.
1. INTRODUCTION AND ACCEPTANCE
Pool Rental Near Me LLC (" PRNM," " Company," " we," " us," or " our") is a wholly-owned subsidiary of 10,000 Solutions LLC and operates an online peer-to-peer marketplace under the trade name Pool Rental Near Me that connects pool owners (" Hosts") with individuals seeking to rent pool spaces by the hour or day (" Renters"). PRNM is not a property owner, lessor, real estate broker, travel agency, insurance carrier, or party to any rental between a Host and a Renter.
By accessing or using our website at poolrentalnearme.com, our mobile application, or any related services (collectively, the " Platform"), you agree to be legally bound by these Terms of Service (the " Terms"), our Privacy Policy, our Cookie Policy, and any additional policies, guidelines, or addenda referenced or incorporated herein. If you do not agree to these Terms, do not use the Platform.
You must be at least 18 years old and capable of forming a legally binding contract to create an Account or use the Platform. If you are agreeing on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms.
Key Contact Information:
- Business Phone: (909) 272-8096
- Email: support@poolrentalnearme.com
- Website: www.poolrentalnearme.com
- Mailing Address: Pool Rental Near Me LLC, c/o 10,000 Solutions LLC, [HQ address — Los Angeles, CA]
2. DEFINITIONS
For purposes of these Terms, the following capitalized terms have the meanings below:
- "Account" — Your registered user profile on the Platform.
- "ADMT" — Automated Decision-Making Technology, as defined under the California Consumer Privacy Act regulations.
- "Booking" — A confirmed reservation for a Pool Space, including all associated date, time, fee, and amenity details.
- "Content" — All text, images, video, audio, data, reviews, ratings, and other materials uploaded, shared, or displayed on the Platform.
- "Force Majeure Event" — As defined in Section 28.
- "Host" — A pool owner, authorized tenant, family member, or property manager who lists a Pool Space for rent on the Platform.
- "Host Protection Program" — The contractual platform-funded coverage program described in Section 11. The Host Protection Program is not a contract of insurance.
- "Listing" — A Pool Space advertised on the Platform.
- "Platform" — The Pool Rental Near Me website, mobile application, APIs, and all related services.
- "Pool Space" — A residential swimming pool and its associated decking, restrooms, equipment, and amenities offered for rent through the Platform.
- "Renter" — A user who books and uses a Pool Space.
- "Service Fees" — Fees charged by PRNM as described in Section 4.
- "Swimmer" — Any individual using the Pool Space during a rental, whether the Renter or the Renter's invited guest.
- "User," "you," or "your" — Any individual or entity using the Platform, whether as a Host, Renter, or visitor.
- "VGBA" — The Virginia Graeme Baker Pool and Spa Safety Act, 15 U.S.C. §§ 8001–8008.
3. ELIGIBILITY AND ACCOUNT REGISTRATION
3.1 Eligibility
To use the Platform, you must:
- Be at least 18 years old;
- Reside in a jurisdiction where peer-to-peer pool rental is lawful;
- Not be barred from receiving services under U.S. law or the laws of any other applicable jurisdiction;
- Provide accurate, complete, and current registration information; and
- Comply with all applicable federal, state, and local laws.
3.2 No Children Under 13
The Platform is not directed to children under 13, and we do not knowingly collect personal information from children under 13 in violation of the Children's Online Privacy Protection Act (15 U.S.C. §§ 6501–6506). If you believe we have collected information from a child under 13, contact support@poolrentalnearme.com and we will delete it promptly. Minors between ages 13 and 17 may not create Accounts; their use of any Pool Space must be supervised by an adult Renter who has executed all required waivers and agreements on the minor's behalf to the extent permitted by applicable state law.
3.3 Account Security
You are responsible for safeguarding your Account credentials and for all activity occurring under your Account. Notify us immediately at support@poolrentalnearme.com if you believe your Account has been compromised.
3.4 Identity Verification and Background Checks
PRNM may, but is not obligated to, conduct identity verification, background checks, sex-offender registry screening, or other vetting procedures. PRNM does not represent or warrant that any User has been screened, and PRNM expressly disclaims any duty to conduct background checks. Users are solely responsible for evaluating the trustworthiness of any Host, Renter, or other User they interact with.
4. SERVICE FEES, PRICING, AND PAYMENT
4.1 Fee Structure
- Host Service Fee: Ten percent (10%) of the gross Booking amount, deducted from Host payouts.
- Renter Service Fee: Ten percent (10%) of the gross Booking amount, added to the Renter's total at checkout.
4.2 All-In Pricing Disclosure (California Civil Code § 1770(a)(29) and Similar State Laws)
PRNM displays the total price the Renter will pay — including the Renter Service Fee, any cleaning fee, and any other mandatory charge — at the first display of pricing and at every subsequent pricing display, in compliance with California's Honest Pricing Law (SB 478), Minnesota Statutes § 325F.6996, the Massachusetts Junk Fees Regulation (940 CMR 38.00), and analogous laws. Government taxes and reasonable, optional charges are disclosed separately. Hosts may not list a base price that excludes mandatory fees.
4.3 Fee Modifications
PRNM may modify Service Fees prospectively. We will provide at least thirty (30) days' advance notice of any fee increase by email and by Platform notification. Fee changes apply only to Bookings made after the effective date of the change.
4.4 Payment Method Requirements
A valid credit or debit card must be on file for each Booking. The card must remain active throughout the rental period and for thirty (30) days after the rental ends to permit damage and incident charges authorized under these Terms and the Damage Policy. Where digital wallets (Apple Pay, Google Pay, etc.) cannot support post-rental incidental charges, we may require a back-up card on file.
4.5 Payment Processing
Payments are processed through PCI-compliant third-party payment processors. PRNM acts as a limited agent of the Host solely for the purpose of accepting payment from the Renter on the Host's behalf, consistent with Sharetribe-platform models and applicable money-transmitter exemptions. The contract for the rental is between the Host and the Renter; PRNM is not a party to the rental.
4.6 Failed Payments and Collections
Failed payments may result in cancellation of the Booking and temporary suspension of the Account. Unpaid balances may be referred to collection. You agree to pay reasonable collection costs, including attorney's fees, to the extent permitted by applicable law.
4.7 Taxes
Users are responsible for all applicable taxes arising from their use of the Platform, including income tax, sales tax, transient occupancy tax, and similar charges. PRNM may collect and remit certain taxes where required by law and may issue IRS Form 1099-K to Hosts who meet federal thresholds (currently $20,000 in gross payments and more than 200 transactions per calendar year, as restored by the One Big Beautiful Bill Act of 2025) or lower state thresholds (e.g., $600 in MA, MD, VT, VA, and DC; $1,000 in NJ; and as updated). Hosts are responsible for all income tax obligations on Booking earnings.
5. THE PLATFORM IS A MARKETPLACE — PRNM IS NOT A PARTY TO RENTALS
5.1 Marketplace Role
PRNM operates the Platform as an interactive computer service under 47 U.S.C. § 230(f)(2). PRNM does not own, operate, manage, control, supervise, or rent out any Pool Space. PRNM is not a real estate broker, travel agency, lodging provider, or insurance carrier.
5.2 No Endorsement; No Verification of Listings
PRNM does not inspect Pool Spaces, verify Listing accuracy, or confirm that any Pool Space meets applicable safety codes. PRNM makes no representation or warranty regarding any Listing, Host, Renter, or Pool Space.
5.3 Hosts Are Independent Third Parties
Hosts are independent third parties — not employees, agents, partners, joint venturers, or franchisees of PRNM. PRNM does not direct or control the manner, means, time, location, pricing, rules, or operation of any Host's Pool Space. Nothing in these Terms creates an employment, partnership, joint-venture, agency (except as a limited payment-collection agent under Section 4.5), or franchise relationship between PRNM and any User.
5.4 User Responsibility
You are solely responsible for your interactions with other Users, your conduct on or about a Pool Space, and your compliance with all applicable laws. PRNM is not responsible or liable for the acts or omissions of any User, Host, Renter, Swimmer, or third party.
6. HOST RESPONSIBILITIES AND CERTIFICATIONS
6.1 Host Eligibility
Eligible Hosts include: (a) legal owners of residential property containing a pool; (b) tenants with documented written landlord permission to sublet for short-term pool rental; (c) property managers with documented owner authorization; and (d) authorized representatives with power of attorney. PRNM may require documentation including a current utility bill, property tax statement, lease, management agreement, and government-issued ID.
6.2 Federal VGBA Certification (Mandatory)
Every Host certifies and warrants, on each Listing and on each Booking, that the Pool Space:
- Is equipped with VGBA-compliant drain covers meeting ANSI/APSP/ICC-16-2017 (or successor standard) per 15 U.S.C. § 8003(b);
- For any single-main-drain pool, includes at least one of the following secondary anti-entrapment systems: a Safety Vacuum Release System (SVRS), suction-limiting vent, gravity drainage system, automatic pump shut-off, drain disablement, or other CPSC-approved system;
- Has functional drain covers free from cracks, missing fasteners, or other defects.
PRNM requires VGBA-grade compliance for all listed pools regardless of whether the pool is technically classified as a "public pool" under VGBA, because the legal status of peer-to-peer pool rentals under 15 U.S.C. § 8003(c) is unsettled and conservative compliance protects Hosts and Renters.
6.3 State-Specific Pool Safety Compliance
Hosts certify and warrant ongoing compliance with all applicable federal, state, and local pool safety laws, including but not limited to:
- California: Cal. Health & Safety Code §§ 115920–115929 (Swimming Pool Safety Act, as amended); minimum two of seven drowning-prevention features per § 115922; 60-inch enclosure with self-closing/self-latching gate per § 115923; ASTM-rated covers and alarms.
- Texas: Tex. Health & Safety Code § 341.0645; Ch. 757 (multifamily pool yard enclosures, where applicable); 25 Tex. Admin. Code Ch. 265 Subch. L.
- Florida: Fla. Stat. §§ 515.21–515.37 (Residential Swimming Pool Safety Act); minimum one of five safety features per § 515.27; barrier requirements per § 515.29; potential application of Fla. Admin. Code Rule 64E-9 to short-term rental pools.
- Arizona: Ariz. Rev. Stat. § 36-1681; pool enclosure, gate, and door requirements; § 36-1681(E) safety-education notice on rental of dwelling with pool (Hosts must provide).
- All other states: All applicable state and local pool safety, barrier, fencing, drain-cover, signage, and water-quality statutes and ordinances.
6.4 Mandatory Pool Safety Standards
Each Pool Space must:
- Have a fence or barrier of at least four (4) feet (or higher where local law requires), with a self-closing, self-latching gate;
- Have lifesaving equipment readily available (life ring or throw rope, reaching pole, first aid kit);
- Display clear safety signage including depth markers and "No Diving" signs in shallow areas;
- Maintain pH between 7.2 and 7.8 and free chlorine between 1 and 3 ppm (or bromine equivalent), tested daily;
- Have non-slip surfaces around the pool deck;
- Provide adequate lighting for any evening rental;
- Prohibit diving boards (regardless of pool depth) and glass containers in the pool area; and
- Comply with any local rental, business-license, occupancy, or short-term-rental registration requirements.
6.5 Pool Maintenance
Hosts must maintain the Pool Space using a licensed professional pool service or, if the Host is a licensed pool-service professional, equivalent professional-level maintenance documented by maintenance logs. Logs must be retained for at least twenty-four (24) months and made available to PRNM upon request.
6.6 Host Insurance
Each Host represents and warrants that the Host maintains:
- A homeowner's, landlord's, dwelling, or commercial-rental insurance policy in force during all Booking periods; and
- Where reasonably available, additional short-term rental or commercial liability coverage covering peer-to-peer pool rental.
Hosts are warned that most standard homeowner's policies exclude commercial use of the home, including peer-to-peer rental. Hosts are solely responsible for confirming their coverage with their carrier.
6.7 Host Tax and Regulatory Compliance
Hosts are responsible for: (a) compliance with local short-term rental, business-license, zoning, HOA, and occupancy ordinances; (b) all federal, state, and local taxes on Booking income; (c) compliance with the Americans with Disabilities Act where applicable; and (d) all utility and property maintenance costs.
6.8 Truthful Listings; FTC Reviews Rule Compliance
Hosts must list Pool Spaces accurately. Hosts may not (a) post fake or AI-generated reviews of their own Pool Spaces; (b) buy, trade, or solicit positive reviews; (c) suppress, threaten, or retaliate against negative reviews; or (d) post "insider" reviews without clear disclosure. These prohibitions implement the FTC Trade Regulation Rule on the Use of Consumer Reviews and Testimonials, 16 C.F.R. Part 465, with civil penalties up to $53,088 per violation.
7. RENTER RESPONSIBILITIES
7.1 General Conduct
Renters agree to:
- Use the Pool Space and amenities safely, lawfully, and responsibly;
- Comply with the Host's house rules disclosed in the Listing or at check-in;
- Adhere to all federal, state, and local laws during the Booking;
- Ensure all minors and non-swimmers are supervised at all times by a responsible adult;
- Not engage in illegal activities, excessive noise, or disturbances;
- Leave the Pool Space in the condition it was found;
- Allow only those guests authorized in the Booking;
- Not exceed any maximum guest capacity stated in the Listing; and
- Respect the Host's privacy and not disclose any of the Host's personal information learned during the Booking.
7.2 Swimmer Safety Requirements
The Renter acknowledges and agrees:
- No person under age 16 may swim without continuous adult supervision;
- Water activities carry inherent risks including drowning;
- Each Swimmer must possess the skill and physical condition required to swim safely;
- The Renter is responsible for the Renter's own safety and the safety, conduct, and supervision of every guest, invitee, and Swimmer the Renter brings to the Pool Space;
- PRNM has not evaluated and does not warrant the swimming skill, physical condition, or fitness of any User; and
- Use of the Pool Space while impaired by alcohol, cannabis, prescription medication, or any other intoxicant is strictly prohibited.
7.3 Prohibited Activities
The following are strictly prohibited at all Pool Spaces:
- Diving (regardless of pool depth);
- Use of diving boards, slides, or jumping platforms;
- Glass containers in or near the pool area;
- Alcohol (unless expressly permitted in the Listing and lawful in the jurisdiction);
- Any controlled substance unlawful under federal or applicable state law;
- Pets, unless expressly permitted in the Listing;
- Events or gatherings exceeding the Listing's stated guest capacity;
- Unaccompanied minor use; and
- Any activity prohibited by the Host's house rules, local ordinances, or state law.
7.4 Damage to the Pool Space or Amenities
The Renter is responsible for the condition of the Pool Space and amenities during the rental and for any damage caused by the Renter or any guest. After notice of a damage claim, the Renter has forty-eight (48) hours to respond before PRNM may charge the card on file for the documented cost of repair or replacement, in accordance with the PRNM Damage Resolution Policy. Vandalism claims require a police report filed by the Host.
7.5 Indemnification of Host and PRNM
The Renter agrees to indemnify, defend, and hold harmless the Host and PRNM (and their respective officers, directors, employees, and agents) from claims arising from the Renter's or any guest's conduct, breach of these Terms, or use of the Pool Space, except to the extent caused by the indemnitee's gross negligence or willful misconduct.
8. WAIVERS, RELEASES, AND ASSUMPTION OF RISK
8.1 Required Waivers
Before entering any Pool Space, every Swimmer (or, for minors, the Swimmer's parent or legal guardian) must execute the Pool Rental Near Me Liability Waiver and Assumption of Risk Agreement then in effect, in the form prescribed for the state where the Pool Space is located. Waivers are required for each Booking; they are not transferable.
8.2 Assumption of Risk
You acknowledge that swimming and use of pool facilities involve inherent risks, including without limitation: drowning; near-drowning; brain or other serious bodily injury; spinal injury; entrapment; slip-and-fall injury; chemical exposure; equipment malfunction; communicable disease; sun exposure; and dehydration. By entering the Pool Space, you voluntarily assume these inherent risks.
8.3 State-Law Limits on Waivers
To the extent the laws of your state limit the enforceability of pre-injury waivers (including, without limitation, Louisiana (La. Civ. Code art. 2004), Virginia, Hawaii, Wisconsin, Connecticut, and Montana for activities outside Mont. Code § 27-1-753), this waiver applies only to the extent permitted by that state's law. Waivers do not, in any state, release any party from liability for gross negligence, willful misconduct, intentional acts, or violations of statutory safety duties.
8.4 Minors and Parental Waivers
Where state law permits parental pre-injury waivers (e.g., Florida — only for "inherent risks" under Fla. Stat. § 744.301(3) with statutorily prescribed bold-type warning), the parent or legal guardian executes the waiver on the minor's behalf only to the extent allowed by that state's law. Where parental pre-injury waivers are not enforceable for commercial activities (e.g., Kirton v. Fields, 997 So. 2d 349 (Fla. 2008) for commercial-provider negligence), no provision of these Terms is intended or shall be construed to enforce such a waiver.
8.5 Carve-Out for Sexual Assault and Sexual Harassment
Nothing in these Terms releases or limits any claim alleging conduct constituting a "sexual assault dispute" or "sexual harassment dispute" under the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (9 U.S.C. §§ 401–402), and at the alleging party's election such claims may be brought in court. See Section 25.7.
9. PROHIBITED CONDUCT
You agree not to:
- Violate any law, contract, intellectual property right, or other third-party right;
- Use the Platform for any unlawful, fraudulent, or harmful purpose;
- Post Content that is unlawful, defamatory, obscene, sexually exploitative, or harassing;
- Use the Platform to discriminate against any User on the basis of race, color, religion, national origin, sex, gender identity, sexual orientation, age, disability, marital status, or any other class protected by law;
- Reverse-engineer, scrape, or extract data from the Platform without our written permission;
- Use bots, automation, or scripts to access the Platform except through PRNM's published APIs;
- Bypass PRNM's payment system or transact outside the Platform to evade Service Fees;
- Impersonate any person or misrepresent your affiliation with any person or entity;
- Upload viruses, malware, or other harmful code;
- Attempt to interfere with the security or integrity of the Platform; or
- Harass, threaten, intimidate, or use abusive language toward PRNM personnel or other Users.
10. USER REVIEWS AND CONSUMER REVIEW FAIRNESS ACT
10.1 Honest Reviews Encouraged
PRNM values honest reviews. You agree not to publish, post, or transmit Content (whether on the Platform, on social media, in reviews, or elsewhere) that you know or reasonably should know to be false, defamatory, fraudulent, or unlawful, or that constitutes a knowing misrepresentation of material fact.
10.2 Consumer Review Fairness Act Compliance
Nothing in these Terms is intended to, and these Terms shall not be construed to, prohibit, penalize, or restrict your ability to communicate truthful reviews, ratings, complaints, or opinions about your experience with PRNM, any Host, any Renter, any Pool Space, or any other User, including critical or negative reviews. This Section 10 is intended to comply with the federal Consumer Review Fairness Act of 2016 (15 U.S.C. § 45b) and analogous state laws including California Civil Code § 1670.8 and Md. Code, Comm. Law § 14-1325. Any provision of these Terms that, if enforced, would restrict your right to provide a covered review or assessment is void to that extent.
10.3 Anti-Manipulation
Hosts and Renters may not buy, trade, solicit, suppress, retaliate against, or fabricate reviews, in compliance with the FTC Trade Regulation Rule on the Use of Consumer Reviews and Testimonials, 16 C.F.R. Part 465.
10.4 PRNM's Editorial Discretion
Consistent with 47 U.S.C. § 230(c)(2), PRNM reserves the right (but is not obligated) to remove, restrict, or refuse to display any review or other Content that is unlawful, fraudulent, defamatory, off-topic, or in violation of these Terms.
11. INSURANCE AND THE PRNM HOST PROTECTION PROGRAM
11.1 PRNM Is Not an Insurer
PRNM is not an insurance company, broker, or agent. The PRNM Host Protection Program is a contractual platform-funded coverage program; it is not a contract of insurance. Coverage is subject to the terms, conditions, exclusions, sublimits, and deductibles set out in the Host Protection Program documentation, which is incorporated by reference.
11.2 PRNM's Underlying Coverage
PRNM maintains a Business Owner's Policy with a national U.S. carrier that provides general liability coverage to support the Host Protection Program at the limits stated in the Program documentation. For privacy and operational reasons, the underlying carrier and policy number are not published in these Terms; Users with a legitimate claim need will receive that information through the claims process.
11.3 Coverage Hierarchy
- The Host's own homeowner's, landlord's, or commercial-rental insurance is primary for all incidents at the Host's Pool Space.
- The Renter's own health insurance is primary for any bodily injury sustained by the Renter or the Renter's guests.
- The PRNM Host Protection Program is secondary, supplemental, and last-resort coverage, payable only if and to the extent that primary coverage is exhausted or unavailable and all program conditions are met.
11.4 Conditions of PRNM Coverage
PRNM Host Protection Program coverage applies only when:
- The Host maintained valid primary insurance at the time of the incident (subject to Section 11.5);
- The Host complied with all Platform safety requirements and all applicable laws;
- The incident is timely reported through PRNM's claims process;
- The claim is not within an excluded category in Section 11.6; and
- PRNM, in its reasonable discretion after good-faith investigation, determines the claim is covered under the Host Protection Program.
11.5 Coverage Where Host Lacks Primary Insurance
If a Host does not maintain primary homeowner's insurance, PRNM Host Protection Program coverage, if any: (a) is limited to general liability for bodily injury within program sublimits; (b) does not include property damage coverage; and (c) requires the Renter's health insurance to be primary for any Renter bodily injury before any program coverage applies.
11.6 Exclusions
The Host Protection Program does not cover:
- Diving-related injuries (regardless of pool depth);
- Drowning or near-drowning;
- Alcohol- or drug-related incidents;
- Use of diving boards, slides, or jumping platforms;
- Glass-related injuries;
- Injuries during prohibited activities or outside Booked rental periods;
- Property damage of any kind (under Section 11.5 conditions);
- Theft, vandalism (other than through Damage Policy), or willful misconduct;
- Acts of God or Force Majeure Events;
- Pre-existing medical conditions;
- Injuries arising from failure to supervise minors;
- Pet-related incidents;
- Electrical injuries from defective pool equipment;
- Chemical burns or chemical poisoning;
- Communicable disease transmission;
- Injuries from overcrowding (exceeding Listing capacity); and
- Any other category set out in the Host Protection Program documentation.
11.7 Claims Process
All claims must be reported to PRNM at support@poolrentalnearme.com within twenty-four (24) hours of the incident. Users must provide photographs, witness statements, incident reports, medical documentation, and other reasonable evidence. Users may not contact the underlying insurance carrier directly; PRNM coordinates all carrier communications. PRNM has the sole discretion, exercised in good faith, to determine claim validity under the Program; this provision does not limit any User's separate right to make a claim against the User's own insurance or to pursue legal remedies.
12. AUTHORIZED REPRESENTATIONS
Only Derek Bowen (Founder & CEO), Brandon Elias (Chief Operating Officer), Matthew Ryan (Owner & Chief Technology Officer), or another executive expressly designated in writing by the Company is authorized to make binding representations or commitments on behalf of PRNM. Any statement, representation, or promise made by any other person is unauthorized and not binding on the Company. Official representations must be made in writing.
13. INTELLECTUAL PROPERTY
13.1 PRNM IP
The Platform, including its design, code, logos, trademarks, service marks, trade names, and content (other than User Content), is owned by PRNM or its licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws.
13.2 User Content License
You retain ownership of Content you submit to the Platform. By submitting Content, you grant PRNM a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display the Content in connection with operating, marketing, and improving the Platform. You represent and warrant that you own or have the necessary rights to grant this license and that your Content does not infringe any third-party right.
13.3 Feedback
If you provide feedback, suggestions, or ideas about the Platform, you grant PRNM an unrestricted, perpetual, royalty-free license to use them.
14. DMCA COPYRIGHT POLICY
PRNM respects intellectual property rights and complies with the Digital Millennium Copyright Act, 17 U.S.C. § 512. If you believe Content on the Platform infringes your copyright, send a written notice meeting the requirements of § 512(c)(3) to our designated agent:
DMCA Designated Agent Pool Rental Near Me LLC, c/o 10,000 Solutions LLC Email: support@poolrentalnearme.com Phone: (909) 272-8096 Mailing Address: [HQ address]
Our agent registration is on file with the U.S. Copyright Office. We will terminate, in appropriate circumstances, the Accounts of repeat infringers.
15. PRIVACY
Your use of the Platform is also governed by our Privacy Policy (available at poolrentalnearme.com/privacy), which is incorporated by reference. Our Privacy Policy describes our practices regarding personal information and your rights under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), the Virginia Consumer Data Protection Act (VCDPA), the Colorado Privacy Act (CPA), the Connecticut Data Privacy Act (CTDPA), the Texas Data Privacy and Security Act (TDPSA), the Oregon Consumer Privacy Act, the Montana Consumer Data Privacy Act, the Iowa Consumer Data Protection Act, the Delaware Personal Data Privacy Act, the New Jersey Data Privacy Act, the Maryland Online Data Privacy Act, the Minnesota Consumer Data Privacy Act, the Tennessee Information Protection Act, the Indiana Consumer Data Protection Act, the Kentucky Consumer Data Protection Act, the Rhode Island Data Transparency and Privacy Protection Act, the New Hampshire Privacy Act, the Nebraska Data Privacy Act, the Utah Consumer Privacy Act, the Florida Digital Bill of Rights, and any other applicable comprehensive privacy law.
We honor recognized Universal Opt-Out Mechanisms (including Global Privacy Control, GPC) for users in states that require us to do so.
16. SMS / TEXT MESSAGING PROGRAM
By providing your mobile telephone number to PRNM and opting in (whether at registration, at Booking, or in your Account settings), you consent to receive recurring text messages from PRNM and its messaging service providers at the number you provided.
Program name: Pool Rental Near Me Alerts.
Message types: Booking confirmations and modifications; reservation reminders; Host-Renter communications relayed by the Platform; account and security alerts; payment notifications; safety notices; and, only if you separately opt in, marketing offers and promotions.
Frequency: Message frequency varies based on your activity (typically up to 10 messages per Booking cycle).
Costs: Message and data rates may apply. Contact your wireless carrier for plan details.
HELP: Reply HELP to any message for help, or contact support@poolrentalnearme.com or (909) 272-8096.
STOP / Revocation: Reply STOP, QUIT, REVOKE, OPT-OUT, CANCEL, UNSUBSCRIBE, or END to stop messages from PRNM. After you opt out, you will receive a single confirmation message and no further texts; rejoin by texting START or by re-opting in through your Account. Consistent with 47 C.F.R. § 64.1200(a)(10)–(11), you may also revoke consent by any reasonable means clearly expressing your desire to stop receiving messages from PRNM, and we will honor such revocation within ten (10) business days.
Carrier Disclaimer: Mobile carriers (including AT&T, T-Mobile, Verizon, and others) are not liable for delayed or undelivered messages.
No Sharing of Mobile Information. PRNM does not sell, rent, or share your mobile phone number, SMS opt-in data, or text-messaging consent data with third parties or affiliates for marketing or promotional purposes. Mobile information will not be shared with third parties or affiliates for marketing or promotional purposes. All categories of data sharing described in our Privacy Policy exclude text-messaging originator opt-in data and consent; this information will not be shared with any third parties under any circumstances.
Eligibility & Consent. You represent that you are the subscriber of the mobile number provided or are authorized by the subscriber to provide consent, and that you are at least 18 years old.
17. AI AND CHATBOT DISCLOSURE
Some interactions on the Platform — including initial customer support, automated booking confirmations, account assistance, and content moderation — may be handled by an AI-powered chatbot or virtual assistant. When you are interacting with an AI system rather than a human team member, we will identify the interaction as automated. You may request a human agent at any time by replying "human," "agent," or contacting support@poolrentalnearme.com. This Section is intended to comply with the California Bolstering Online Transparency Act (Bus. & Prof. Code §§ 17940–17943), the Colorado AI Act, the Utah Artificial Intelligence Policy Act, and similar laws.
Automated Decisions. Where PRNM uses Automated Decision-Making Technology (ADMT) to make decisions producing significant effects on you (such as Account suspensions or risk-based fraud blocks), you have the right under applicable state privacy law to (a) be informed of that use, (b) request information about the inputs and logic involved, and (c) request human review. Submit such requests to privacy@poolrentalnearme.com.
18. THIRD-PARTY LINKS AND SERVICES
The Platform may contain links to third-party websites or services. PRNM is not responsible for the availability, accuracy, content, products, or services of those third parties. Links do not imply endorsement. Your use of any third-party website or service is at your own risk and subject to that third party's terms.
19. ACCESSIBILITY
PRNM is committed to making the Platform accessible to people with disabilities. We aim to conform substantially with WCAG 2.2 Level AA. If you encounter an accessibility barrier, please contact support@poolrentalnearme.com so we can address it. An accessibility statement is published at poolrentalnearme.com/accessibility.
20. DISCLAIMERS
THE PLATFORM, ALL CONTENT, AND ALL POOL SPACES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRNM DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
PRNM DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT LISTINGS WILL BE ACCURATE; OR THAT POOL SPACES WILL MEET ANY USER'S EXPECTATIONS. PRNM DOES NOT VERIFY THE STATEMENTS OF USERS, INSPECT POOL SPACES, OR EVALUATE SWIMMER SKILL.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. PRNM EXPRESSLY DISCLAIMS LIABILITY FOR ANY ACT OR OMISSION OF ANY HOST, RENTER, SWIMMER, OR THIRD PARTY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; THE EXCLUSIONS ABOVE APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
21. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
(a) NEITHER PRNM NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES — INCLUDING LOST PROFITS, LOST DATA, LOSS OF GOODWILL, BODILY INJURY, EMOTIONAL DISTRESS, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES — ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, AND EVEN IF PRNM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) EXCEPT FOR PRNM'S OBLIGATION TO PAY HOSTS THEIR EARNED PAYOUTS, PRNM'S AGGREGATE LIABILITY ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM WILL NOT EXCEED THE GREATER OF (i) THE AMOUNTS YOU HAVE PAID TO PRNM (AS A RENTER) OR RECEIVED FROM PRNM (AS A HOST) IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (ii) ONE HUNDRED DOLLARS ($100).
(c) CARVE-OUTS — THESE LIMITATIONS DO NOT APPLY TO: (1) gross negligence, willful misconduct, or fraud by PRNM; (2) death or bodily injury caused by PRNM's own negligence to the extent prohibited from limitation by applicable law; (3) liability that cannot be limited by law; (4) sexual-assault or sexual-harassment disputes under the EFAA; or (5) PRNM's indemnification obligations expressly stated in these Terms.
(d) SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; IN THOSE JURISDICTIONS THE LIMITATIONS ABOVE APPLY ONLY TO THE EXTENT PERMITTED.
THE LIMITATIONS IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN PRNM AND YOU AND APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
22. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless PRNM and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
- Your access to or use of the Platform;
- Your User Content;
- Your interaction with any other User;
- Your Booking, listing, hosting, or use of any Pool Space;
- Your breach of these Terms; or
- Your violation of any law or any third-party right.
PRNM reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense. You will not settle any claim affecting PRNM without our prior written consent.
This indemnity does not apply to the extent any claim arises from PRNM's gross negligence, willful misconduct, or fraud.
23. SUSPENSION AND TERMINATION
23.1 By You
You may close your Account at any time by emailing support@poolrentalnearme.com. Closure does not relieve you of obligations accrued before closure.
23.2 By PRNM — For Cause
PRNM may suspend or terminate your Account immediately, with or without notice, for material breach of these Terms, fraud, illegal activity, safety violations, abusive conduct toward Users or staff, or activity that creates risk for PRNM, its Users, or the public.
23.3 By PRNM — For Convenience
PRNM may terminate your Account or these Terms for any reason on thirty (30) days' written notice to your email address on file.
23.4 Effect of Termination
Upon termination: (a) you must stop using the Platform; (b) PRNM will pay any earned, unpaid amounts owed to you that PRNM is legally obligated to pay; (c) you remain liable for all amounts due; (d) you may request a copy of your User Content within thirty (30) days after termination; and (e) Sections that by their nature should survive termination (including Sections 4.7, 7.4, 7.5, 8, 10, 11, 13, 14, 15, 18, 20–28) survive.
23.5 No Waiver
PRNM's failure to act in response to a breach is not a waiver of the right to act on that breach or any subsequent breach.
24. CHANGES TO THESE TERMS
PRNM may modify these Terms from time to time. For material changes, we will provide at least thirty (30) days' notice by email and by Platform notification, except where a shorter period is required to comply with law or to address an urgent safety or security issue. Your continued use of the Platform after the effective date of revised Terms constitutes acceptance of the revised Terms. If you do not accept the revised Terms, you must stop using the Platform.
25. DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS-ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND PRNM TO RESOLVE MOST DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND IT WAIVES THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. SECTION 25.10 GIVES YOU 30 DAYS TO OPT OUT.
25.1 Federal Arbitration Act
These dispute-resolution provisions are governed by the Federal Arbitration Act (9 U.S.C. §§ 1–16) and evidence a transaction in interstate commerce.
25.2 Informal Dispute Resolution (Required Before Arbitration)
Before initiating arbitration, you and PRNM agree to attempt to resolve the dispute informally. The party initiating the dispute must send a written Notice of Dispute describing the nature and basis of the claim and the relief sought, by email to legal@poolrentalnearme.com (for claims against PRNM) or to the email address on file (for claims by PRNM). The parties will negotiate in good faith for sixty (60) days following receipt of the Notice. If the dispute is not resolved within that period, either party may proceed to arbitration. The Notice is a condition precedent to filing arbitration.
25.3 Binding Arbitration
Subject to Sections 25.4–25.7, all disputes, claims, or controversies arising out of or relating to these Terms or the Platform — including the formation, interpretation, breach, or termination of these Terms — will be resolved by binding individual arbitration, not in court.
25.4 Arbitration Provider and Rules
- Claims of $25,000 or less (and where appropriate for online dispute resolution): Arbitration by FairClaims under its Arbitration Rules and Procedures then in effect (www.fairclaims.com).
- Claims greater than $25,000: Arbitration by the American Arbitration Association (AAA) under its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules (each as in effect at the time the claim is filed).
- Hearing Location: AAA arbitrations are conducted virtually or, on written request, in the U.S. county where you reside (per AAA Consumer Rule R-11). FairClaims arbitrations are conducted online.
- Costs: PRNM will pay all filing and arbitration fees that exceed the cost of filing a lawsuit in your local state court, except that the arbitrator may reallocate fees if the arbitrator finds your claim was frivolous.
25.5 Small-Claims Court Carve-Out
Either party may bring an individual claim in small-claims court if the claim qualifies and remains in that court.
25.6 Equitable Relief Carve-Out
Either party may seek injunctive or other equitable relief in court to prevent actual or threatened infringement, misappropriation, or violation of intellectual-property rights, trade secrets, or confidential information.
25.7 EFAA Carve-Out (Sexual Assault / Sexual Harassment)
Consistent with the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (9 U.S.C. §§ 401–402), at the alleging party's election any case alleging conduct constituting a "sexual assault dispute" or "sexual harassment dispute" may be brought in a court of competent jurisdiction, and the class-action waiver in Section 25.8 does not apply to such case.
25.8 Class-Action Waiver
You and PRNM agree to bring claims against each other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims or preside over any form of class or representative proceeding. If a court determines that this Section 25.8 is unenforceable as to a particular claim or request for relief, that claim or request must be severed and brought in court, and the remaining claims must proceed in arbitration.
25.9 Stay Pending Arbitration
If a dispute subject to arbitration is filed in court, the parties agree the action shall be stayed (not dismissed) pending arbitration, consistent with Smith v. Spizzirri, 601 U.S. 472 (2024).
25.10 30-Day Right to Opt Out
You may opt out of this Section 25 by sending written notice to arbitration-optout@poolrentalnearme.com within thirty (30) days of first accepting these Terms, including your full name, Account email, and the statement: "I opt out of the PRNM arbitration agreement." Opting out does not affect any other provision of these Terms.
25.11 Mass Arbitration Procedures
If twenty-five (25) or more similar claims against PRNM are filed by or with the assistance of the same law firm or coordinated representatives, the parties agree that the AAA Mass Arbitration Supplementary Rules apply, including the use of process arbitrators, a global mediation step, and the staged-fee schedule.
25.12 California PAGA Carve-Out
To the extent any claim under the California Private Attorneys General Act (Cal. Lab. Code § 2698 et seq.) is asserted, only individual PAGA claims are subject to arbitration; non-individual representative PAGA claims may be brought in court consistent with Adolph v. Uber Technologies, Inc., 14 Cal. 5th 1104 (2023). PRNM does not classify Hosts or Renters as employees, and PAGA is generally inapplicable to marketplace participants.
25.13 Severability of Arbitration Provisions
If any portion of this Section 25 (other than Section 25.8) is held unenforceable, that portion shall be severed and the remainder shall remain in effect.
26. GOVERNING LAW; FORUM
These Terms and any dispute relating to them or the Platform are governed by the laws of the State of California, without regard to its conflict-of-law principles, except that the Federal Arbitration Act governs Section 25. For any action not subject to arbitration, the parties consent to the exclusive jurisdiction of the state courts located in San Bernardino County, California, and the United States District Court for the Central District of California, and waive any objection to venue in those courts.
27. REPORTING MISCONDUCT
If you experience or witness conduct that you believe is unlawful or threatens safety, you should:
- Report immediately to local law enforcement (call 911 in an emergency); and
- Notify PRNM at support@poolrentalnearme.com with the police case number and any documentation.
PRNM cooperates with valid law-enforcement requests but is not obligated to take action beyond what is required by law.
28. FORCE MAJEURE
Neither party will be liable for any failure or delay in performing its obligations (other than payment obligations) caused by an event beyond its reasonable control (a " Force Majeure Event"), including: acts of God; natural disasters (hurricanes, wildfires, earthquakes, floods, droughts, tsunamis); pandemics, epidemics, and public-health emergencies; government orders, shelter-in-place orders, travel restrictions, or other governmental action restricting public gatherings or use of pools; civil unrest, riot, war, terrorism, sabotage; failure of utilities, internet service providers, or payment networks; cyberattacks, ransomware, or denial-of-service attacks; supply-chain disruptions; labor strikes; and any similar event. The affected party will notify the other promptly and use reasonable efforts to resume performance. If a Force Majeure Event continues for more than thirty (30) days, either party may terminate these Terms by written notice. Bookings affected by a Force Majeure Event will be handled per the PRNM Cancellation and Refund Policy.
29. NOTICES
Notices to you may be given by email to the address on file or by Platform notification, and will be deemed given on the date of transmission. Notices to PRNM must be sent to legal@poolrentalnearme.com with a copy to support@poolrentalnearme.com.
30. ASSIGNMENT
You may not assign or transfer these Terms or your Account without PRNM's prior written consent. Any unauthorized assignment is void. PRNM may assign these Terms without restriction. These Terms bind and benefit the parties and their permitted successors and assigns.
31. ELECTRONIC COMMUNICATIONS
You consent to receive communications from PRNM electronically (email, SMS where opted in, Platform notification). You agree that all electronic agreements, notices, disclosures, and other communications satisfy any legal requirement that such communications be in writing.
32. SEVERABILITY
If any provision of these Terms is held invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect, except that if Section 25.8 is held unenforceable, the consequences described in Section 25.8 apply.
33. ENTIRE AGREEMENT
These Terms, together with the Privacy Policy, Cookie Policy, Host Protection Program documentation, applicable Liability Waiver, Cancellation and Refund Policy, Damage Resolution Policy, and any Booking-specific terms, constitute the entire agreement between you and PRNM regarding the Platform and supersede all prior or contemporaneous agreements on the subject.
34. SECTION HEADINGS; INTERPRETATION
Section headings are for convenience only and have no legal effect. "Including" means "including without limitation." References to statutes include their successor provisions and implementing regulations.
35. ACCEPTANCE
By creating an Account, posting a Listing, making a Booking, or otherwise using the Platform, you confirm that you have read, understood, and agree to be bound by these Terms of Service, the Privacy Policy, and any other policies referenced herein.
36. CONTACT
For questions, support, or notices regarding these Terms:
- Email: support@poolrentalnearme.com
- Legal Notices: legal@poolrentalnearme.com
- Phone: (909) 272-8096
- Web: www.poolrentalnearme.com
Pool Rental Near Me LLC A subsidiary of 10,000 Solutions LLC
— End of Terms of Service —
POOL RENTAL NEAR ME TERMS OF SERVICE Effective Date: August 6, 2025 Last Updated: August 7, 2025
POOL RENTAL NEAR ME
TERMS OF SERVICE
Effective Date: August 6, 2025
Last Updated: August 7, 2025
INTRODUCTION AND ACCEPTANCE 10,000 Solutions LLC is the parent company of Pool Rental Near Me LLC (abbreviated as "PRNM"), which operates under the trade name Pool Rental Near Me. Throughout these Terms, "Company," "we," "us," or "our" refers to Pool Rental Near Me LLC and its affiliates. We operate an online marketplace platform that connects pool owners ("Hosts") with individuals seeking to rent pool spaces ("Renters").
By accessing or using our services, website (poolrentalnearme.com), mobile application, or any related services (collectively, the "Platform"), you agree to be legally bound by these Terms of Service ("Terms"). IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE PLATFORM.
Key Contact Information:
• Business Phone: (909) 272-8096
• Website: www.poolrentalnearme.com
• Email: support@poolrentalnearme.com
DEFINITIONS For clarity and reference throughout these Terms, the following key terms are defined as follows:
"Account": Your registered user profile on the Platform, which allows you to access and manage bookings, listings, and other features. "Booking": A confirmed reservation for a Pool Space, including all details such as date, time, and any associated amenities. "Content": All text, images, videos, data, and materials uploaded, shared, or displayed on the Platform by users or the Company. "Host": A pool owner or authorized property manager who lists a pool space for rent on the Platform. "Listing": A pool space advertised for rent on the Platform, including descriptions, photos, pricing, and availability details. "Platform": The Pool Rental Near Me website, mobile app, and all related services provided by the Company. "Pool Space": A swimming pool and any associated amenities (such as decks, lounges, or equipment) offered for rent through the Platform. "Property Manager": An individual authorized by the property owner to manage pool rentals, including listings and bookings on the Platform. "Renter": A user who books and uses a Host's Pool Space for a specified period. "Service Fees": Fees charged by Pool Rental Near Me for using the Platform, including those deducted from bookings. "Swimmer": Any individual who uses the Pool Space during a rental period, whether the Renter or their guests. "User": Any person using the Platform, including both Hosts and Renters.
- SERVICE FEES AND PAYMENT TERMS 3.1 Fee Structure • Host Service Fee: 10% of the total booking amount • Renter Service Fee: 10% of the total booking amount • Total Platform Revenue: 20% of each transaction
3.2 Fee Modification Rights Pool Rental Near Me reserves the absolute right to modify service fees at any time, without prior notice, warning, or consent from Users. Fee changes take effect immediately upon posting to the Platform or notification through any communication method we choose. We will endeavor to provide reasonable notice of fee changes where feasible.
3.3 Payment Processing Requirements MANDATORY PAYMENT METHOD REQUIREMENTS: • Credit Card or Debit Card REQUIRED - must be on file for all bookings • Apple Pay, Google Pay, and similar services PROHIBITED for primary payment • Reason: Digital wallets do not allow additional charges for damages • Additional charges must be processable for damage claims and fees • Card must remain active throughout rental period and 30 days after
3.4 Payment Processing and Collections • All payments processed through secure third-party payment processors • Service fees automatically deducted from each transaction • Hosts receive payouts minus applicable service fees and taxes • Failed payments may result in immediate account suspension • Additional fees may be charged to card on file for damages, violations, or penalties • Unpaid balances sent to collections agencies - Users agree to collection terms • Collection costs added to outstanding balance including attorney fees
3.5 Taxes and Additional Charges • Users responsible for all applicable taxes • Local occupancy taxes, sales taxes, and fees may apply • Pool Rental Near Me may collect and remit taxes as required by law • Additional fees may be charged post-rental for violations or damages
- MANDATORY AGREEMENTS AND WAIVERS 4.1 Required Digital Signatures ALL USERS MUST DIGITALLY SIGN: • Liability Waiver - Required for all Swimmers before pool access • Host Agreement - Required for all property listings • Safety Agreement - Required acknowledging all safety rules and risks • Platform Terms - Digital acceptance of these Terms of Service
4.2 Liability Waiver Requirements SWIMMER LIABILITY WAIVERS: • Every Swimmer must sign individual waiver before pool access • Minors require parent/guardian signature on their behalf • Waivers cannot be shared or transferred between individuals • New waiver required for each booking/rental period • No pool access without completed waiver - strictly enforced • Waiver includes assumption of all risks related to pool use
4.3 Host Agreement Requirements MANDATORY HOST AGREEMENT INCLUDES: • Acknowledgment of all safety and maintenance requirements • Agreement to maintain insurance and property standards • Acceptance of Platform fee structure and payment terms • Consent to Platform monitoring and inspection rights • Agreement to professional service verification requirements
4.4 Safety Agreement Acknowledgment SAFETY AGREEMENT COVERS: • Understanding of all prohibited activities • Acknowledgment of supervision requirements • Agreement to report all incidents immediately • Acceptance of emergency procedure protocols • Understanding of Platform liability limitations
- SOCIAL MEDIA AND PUBLIC COMMUNICATION RESTRICTIONS 5.1 Prohibited Public Communications STRICTLY FORBIDDEN - TERMS VIOLATION: Users are ABSOLUTELY PROHIBITED from: • Making false, disparaging, or defamatory statements about Pool Rental Near Me on any public platform • Posting complaints, criticisms, or negative reviews on social media, review sites, or public forums that are false or misleading • Sharing private communications with Platform staff publicly • Encouraging others to avoid or speak negatively about the Platform based on false information • Making false or misleading statements about Platform services or policies • Publicly discussing disputes or legal matters involving the Platform without first attempting private resolution
5.2 Social Media Violation Consequences IMMEDIATE ENFORCEMENT: • Account termination effective immediately • Legal action for defamation and breach of contract • Damages sought for harm to business reputation • Injunctive relief to remove harmful content • Attorney fees and costs charged to violating User • Permanent ban from Platform services. Enforcement will be in accordance with applicable laws.
5.3 Approved Social Media Use AUTHORIZED PROMOTIONAL CONTENT ONLY: • Positive promotion of Pool Rental Near Me listings • Sharing successful rental experiences • Educational content about pool safety • Platform logo and branding for promotional purposes (with proper attribution)
5.4 Private Dispute Resolution Required MANDATORY PRIVATE RESOLUTION: • All complaints must be directed to support@poolrentalnearme.com • Private resolution required before any public discussion • Platform mediation services available for disputes • Public complaints constitute breach of contract
- LEGAL THREAT AND INTIMIDATION PROHIBITION 6.1 Prohibited Legal Threats ZERO TOLERANCE POLICY: Users are ABSOLUTELY PROHIBITED from: • Threatening baseless legal action against Pool Rental Near Me, its staff, or representatives • Threatening to sue or file lawsuits as an intimidation tactic • Mentioning lawyers or attorneys in a threatening manner • Using legal threats to circumvent Platform policies • Intimidating staff with legal consequences • Making threats of regulatory complaints as leverage
6.2 Legal Threat Enforcement IMMEDIATE CONSEQUENCES: • Account termination effective immediately upon threat • All pending transactions cancelled with no refund • Legal action for harassment and intimidation • Restraining order sought if threats continue • Law enforcement notification for threatening behavior • Permanent ban from all Platform services • Forfeiture of all deposits and fees paid to Platform
6.3 Proper Legal Process AUTHORIZED LEGAL PROCEDURES: • Formal legal action through proper court channels only • No threats or intimidation permitted • All disputes subject to mandatory arbitration per Section 22 • Legal representation allowed in formal proceedings only
6.4 Staff Protection Policy PROTECTION OF PLATFORM PERSONNEL: • No direct threats to individual staff members permitted • Professional communication required at all times • Harassment of any kind results in immediate termination • Personal information of staff is confidential and protected
- INSURANCE COVERAGE AND LIABILITY 7.1 Pool Rental Near Me Insurance Coverage Pool Rental Near Me maintains Business Owner's Policy through Hartford Underwriters Insurance Company: • Policy Number: [REDACTED FOR PRIVACY] • Coverage Period: April 15, 2025, through April 15, 2026 • General Liability Coverage: $2,000,000 per occurrence / $4,000,000 aggregate • Medical Expenses: $10,000 per person • Personal & Advertising Injury: $2,000,000 • Property Coverage: $150,000 STRETCH® PLUS Blanket Limit
7.2 Claims Process and Platform Authority MANDATORY CLAIMS PROCEDURE: • ALL CLAIMS MUST BE REPORTED TO POOL RENTAL NEAR ME FIRST • Claims Reporting: support@poolrentalnearme.com within 24 hours of incident • Platform Investigation: Pool Rental Near Me conducts initial claim review • Documentation Required: Photos, witness statements, incident reports • Platform Decision: Pool Rental Near Me determines claim validity and coverage • Insurance Coordination: Platform handles all insurance carrier communications • Final Authority: Pool Rental Near Me has sole discretion on claim processing
USERS MAY NOT CONTACT INSURANCE CARRIER DIRECTLY
7.3 Insurance Coverage Hierarchy and Conditions PRIMARY INSURANCE REQUIREMENT: • Hosts MUST maintain active homeowners or property insurance • Host's personal insurance serves as PRIMARY COVERAGE for all incidents • Pool Rental Near Me insurance acts as SECONDARY/BACKUP COVERAGE ONLY
SECONDARY COVERAGE CONDITIONS: Our insurance coverage applies ONLY when: • Host maintains valid homeowners/property insurance • Host complies with all Platform safety requirements • All Platform terms and conditions are met • Proper safety equipment and signage are in place • Pool maintenance standards are maintained • Host's primary insurance has been properly utilized first • Pool Rental Near Me approves claim after investigation
COVERAGE WITHOUT HOST INSURANCE: In the event a Host does not maintain homeowners insurance: • Our coverage will provide GENERAL LIABILITY ONLY for bodily injury • NO PROPERTY DAMAGE COVERAGE will be provided • Host is REQUIRED to use their health insurance as primary coverage before our general liability coverage applies • We may deny any claim at any time for failure to meet safety requirements
7.4 What Is Covered (Basic Coverage Only) COVERED INCIDENTS (Secondary Coverage Only): • Basic slip and fall injuries on pool deck (non-diving related) • Pool equipment malfunction causing injury (when properly maintained) • General bodily injury from normal pool use (swimming only)
7.5 What Is NOT Covered STRICTLY EXCLUDED: • Diving-related injuries (regardless of pool depth) • Alcohol-related incidents of any kind • Drowning or near-drowning incidents • Injuries from diving boards, slides, or jumping platforms • Glass-related injuries (glass containers prohibited) • Injuries during prohibited hours or activities • Property damage of any kind • Theft or vandalism • Acts of God or natural disasters • Pre-existing medical conditions • Injuries from failure to supervise minors • Incidents involving pets • Electrical injuries from pool equipment • Chemical burns or poisoning • Injuries from overcrowding (exceeding capacity)
- HOST ELIGIBILITY AND PROPERTY VERIFICATION 8.1 Host Eligibility Requirements ELIGIBLE HOST CATEGORIES: • Property Owners: Legal owners of residential property with pool • Authorized Tenants: Renters with written landlord permission for subletting • Property Managers: Individuals authorized to manage rentals on behalf of owners • Family Members: Immediate family managing family-owned property • Authorized Representatives: Legal representatives with power of attorney
8.2 Property Verification Requirements MANDATORY VERIFICATION DOCUMENTATION: • Water/Utility Bill: Current bill (within 60 days) showing property address • Property Tax Statement: Recent tax bill or assessment (for owners) • Lease Agreement: Current lease with subletting permission (for tenants) • Management Agreement: Written authorization from property owner (for managers) • Government-Issued ID: Photo identification matching verification documents • Insurance Documentation: Proof of homeowners/renters insurance coverage
8.3 Professional Pool Service Requirements POOL MAINTENANCE VERIFICATION: • Professional Pool Service Required: Hosts must use professional pool cleaning service • Service Provider Information: Contact details for pool service company required • Verification Process: Platform may contact service provider to verify • Self-Service Permitted: Hosts may clean pools themselves if they operate professional pool cleaning business • Service Records: Maintenance logs and service records must be available • Emergency Service: Backup service provider contact required
ACCEPTABLE POOL SERVICE PROVIDERS: • Licensed professional pool cleaning companies • Certified pool maintenance technicians • Host-operated professional pool cleaning business (with business license) • Qualified individual contractors with verifiable experience
SERVICE VERIFICATION REQUIREMENTS: • Business license or contractor license • Insurance coverage for service operations • Contact information for verification calls • Service schedule and maintenance records • Emergency contact availability
8.4 Property Management Authorization THIRD-PARTY MANAGEMENT PERMITTED: • Professional Property Managers: Licensed property management companies • Individual Managers: Persons authorized by property owners • Family Management: Family members managing on behalf of relatives • Corporate Management: Business entities managing multiple properties • Airbnb-Style Management: Similar to vacation rental management models
MANAGEMENT REQUIREMENTS: • Written authorization from property owner required • Manager must provide own contact information and identification • Owner contact information must be available for emergencies • Management agreement must specify rental authorization • Both owner and manager liable for compliance with Platform terms
- HOST RESPONSIBILITIES AND REQUIREMENTS 9.1 Pool Safety Standards (MANDATORY) REQUIRED SAFETY MEASURES: • Pool must meet all local, state, and federal health and safety codes • Proper fencing with self-closing, self-latching gates (minimum 4 feet high) • Safety equipment readily available (life preservers, reaching pole, first aid kit) • Clear, visible safety signage posted in English and Spanish where applicable • Pool chemicals properly balanced and maintained (pH 7.2-7.8, chlorine 1-3 ppm) • NO DIVING BOARDS PERMITTED regardless of pool depth • NO ALCOHOL PERMITTED on premises during rentals • NO GLASS CONTAINERS allowed in pool area • Adequate lighting for evening use • Non-slip surfaces around pool deck
9.2 State-Specific Compliance Requirements CALIFORNIA REQUIREMENTS: • Compliance with California Health and Safety Code Section 115920-115929 • Pool barriers meeting California Building Code requirements • Water quality testing and record keeping • Compliance with local health department regulations
TEXAS REQUIREMENTS: • Compliance with Texas Health and Safety Code Chapter 341 • Pool enclosure requirements per Texas Property Code • Local municipality pool regulations compliance
FLORIDA REQUIREMENTS: • Compliance with Florida Statutes Chapter 515 (Pool Safety) • Residential pool barrier requirements • Local building code compliance
ARIZONA REQUIREMENTS: • Compliance with Arizona Revised Statutes Title 36 (Public Health) • Pool barrier and safety requirements • Water conservation compliance where applicable
ALL OTHER STATES: • Compliance with applicable state and local pool safety regulations • Meeting or exceeding state minimum insurance requirements • Adherence to local health department standards
9.3 Pool Maintenance Standards MANDATORY MAINTENANCE: • Professional pool service or equivalent professional-level maintenance • Daily water testing and chemical balancing • Weekly professional cleaning service • Monthly equipment inspection and maintenance • Quarterly professional safety inspection • Annual comprehensive pool system evaluation • Immediate repair of any safety hazards • Maintenance logs available for Platform inspection
- SWIMMERS Renter acknowledges and agrees that no person shall be allowed to swim in a Pool Space who is under the age of 16 without adult supervision. Renters acknowledge that water activities can lead to drowning if a person cannot swim, is intoxicated from drugs or alcohol or has another medical emergency that leads the person to be unconscious in the water (such as a stroke, heart attack or fainting).
Renter and Owner represent and warrant that any person who enters the water will have the skill and expertise to do so safely. Renter acknowledges that the skills of any user of the Pool Space are solely at the discretion and risk of Renter and that Pool Rental Near Me has not evaluated the skill and expertise of any such user of the Pool Space.
Renter acknowledges that Pool Rental Near Me has no control over the number of users a Renter may allow into the Pool Space or the conduct of those occupants while the rental is being operated. Therefore, Renter acknowledges that Renter is solely responsible for the users of the rental as well as the conduct of those users.
- ALLOWED USE OF THE RENTAL Renter remains responsible for all damage to the rental, missing equipment, down time, and Owner's administrative expenses connected with damage regardless of whether or not Renter is at fault.
Renters agree to: • Comply with all house rules provided by the Host in the Listing • Adhere to all local laws and regulations during their booking • Be responsible for using the pool and amenities safely and responsibly • Ensure that all minors and non-swimmers are supervised by a responsible adult • Not engage in illegal activities, excessive noise, or disturbances during the Booking • Leave the property in the condition it was found • Only allow guests included in the booking on the property unless otherwise agreed upon with the Host • Respect the privacy of Hosts and not disclose any personal information obtained during the booking
- SAFETY INSPECTIONS AND MAINTENANCE 12.1 Regular Safety Inspections • Inspection Frequency: Owners must conduct regular safety inspections of the Pool Space and surrounding areas as mandated by local regulations or at least annually • Professional Inspectors: Inspections should be performed by qualified professionals where required • Inspection Reports: Hosts must keep records of all safety inspections
12.2 Maintenance Requirements • Facility Maintenance: Owners are responsible for maintaining the Pool Space and related Amenities in a safe and sanitary condition • Safety Equipment: The pool area must be equipped with necessary safety equipment, such as:
Lifesaving devices (life rings, hooks) Pool fences or barriers Warning signs (depth markers, "No Diving" signs) First aid kits • Water Quality: Owners must ensure that pool water is properly treated and meets health standards
12.3 Compliance Verification • Documentation: Owners may be required to provide maintenance logs and safety inspection reports upon request • Platform Audits: We reserve the right to conduct random audits to ensure compliance
- GENERAL REQUIREMENTS Renter agrees not to use a Pool Space in a careless or negligent manner during the Rental Period, nor use the Pool Space while under the influence of alcohol or drugs, nor permit operation of the Pool Space by any person except those who have signed the Pool Rental Near Me rental agreement and have signed the Departure Form and who have passed our verification procedures.
Renter further agrees not to use, or permit use of the rental for unlawful purposes. Renters will hold Pool Rental Near Me harmless from any and all fines and penalties incurred during the rental period caused directly or indirectly by negligence, misuse or carelessness.
Renter further agrees to indemnify and hold harmless Pool Rental Near Me from and against any and all claims for loss of, or property damage, or injury to person, including death, resulting from the use and operation of the rented Pool Space or Amenities. Unless prohibited by law, you release Pool Rental Near Me from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a Pool Space.
Renter shall hold harmless, Owners, Rental Agencies and Pool Rental Near Me and its authorized agents and employees from and against all loss, bodily injury, damages and expenses, including legal expenses, of any kind arising from use of the Pool Space during rental period extending to such time use is finalized and cleared by the Owner or Rental Agency, including without limitations, latent and other defects whether or not discoverable by you or the Owner or Rental Agency. This indemnity shall continue in effect at all times despite the return of the rental before or after the expiration of the contract terms whether by a formal request from Owner, Agency or otherwise. It is agreed and understood that the Owner, Agency and Pool Rental Near Me may control the defense of any such claim.
- DAMAGE TO POOL SPACE OR AMENITIES As the Renter of a Pool Space, you are responsible for leaving the Pool Space in the condition it was in when you arrived at the Pool Space. You acknowledge and agree that as a Renter, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to the Pool Space. In the event that an Owner claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items. After being notified of a claim and given forty-eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your Pool Rental Near Me Account. You agree that Pool Rental Near Me has no responsibility for any damages that you cause to an Owner's Pool Space or Amenities or to any person. You also agree that as a Renter, your personal insurance will act as primary to any coverage you purchase through Pool Rental Near Me.
We also reserve the right to charge the credit card on file in your Pool Rental Near Me Account, or otherwise collect payment from you and pursue any avenues available to us in this regard, including using Security Deposits, in situations in which you have been determined, in Pool Rental Near Me's sole discretion, to have damaged the Pool Space or Amenities including, but not limited to, any payment requests made by the Owner, and any payments made by Pool Rental Near Me to Owners. If a Pool Space has been damaged during the rental period and the damage occurred as a result of vandalism or there is a suspicion of vandalism, a police report must be filed by the Owner of the damaged Pool Space or Amenities.
Both Renter and Owner agree to cooperate with and assist Pool Rental Near Me in good faith, and to provide us with such information and take such actions as may be reasonably requested by us. If you are a Renter, upon Pool Rental Near Me's reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with the Owner, at no cost to you, which process will be conducted by Pool Rental Near Me or a third party selected by Pool Rental Near Me with respect to losses for which the Owner is requesting payment from Pool Rental Near Me under these terms.
- LINKS The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: • The availability or accuracy of such websites or resources • The content, products, or services on or available from such websites or resources
Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
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PROPRIETARY RIGHTS NOTICES All trademarks, service marks, logos, trade names and any other proprietary designations of Pool Rental Near Me used herein are trademarks or registered trademarks of Pool Rental Near Me. Any other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
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COPYRIGHT DISPUTE POLICY Pool Rental Near Me respects copyright law and expects its users to do the same. It is our policy to terminate in appropriate circumstances the Pool Rental Near Me Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
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TERMINATION AND CANCELLATION OF POOL RENTAL NEAR ME ACCOUNT We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: • Terminate these Terms or your access to our Services • Deactivate or cancel your Pool Rental Near Me Account
Upon termination, we will promptly pay you any amounts we reasonably determine we owe you at our discretion, which we are legally obligated to pay you. In the event that we terminate these Terms, or your access to our Services or deactivate or cancel your Pool Rental Near Me Account you will remain liable for all amounts due hereunder.
You may cancel your Pool Rental Near Me Account at any time by contacting us via a support ticket. Please note that if your Pool Rental Near Me Account is canceled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
- DISCLAIMERS IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT POOL RENTAL NEAR ME DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, RENTERS AND OWNERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SERVICES, COLLECTIVE CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, POOL RENTAL NEAR ME EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. POOL RENTAL NEAR ME MAKES NO WARRANTY THAT THE SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY POOL SPACE, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. POOL RENTAL NEAR ME MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, OR POOL SPACES, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM POOL RENTAL NEAR ME OR THROUGH THE SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY OWNERS OR RENTERS. YOU UNDERSTAND THAT POOL RENTAL NEAR ME DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR INSPECT ANY POOL SPACE OR AMENITIES. POOL RENTAL NEAR ME MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RENTERS AND OWNERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY POOL RENTAL NEAR ME.
NOTWITHSTANDING POOL RENTAL NEAR ME'S APPOINTMENT AS THE LIMITED AGENT OF THE OWNERS TO ACCEPT PAYMENTS FROM RENTERS ON BEHALF OF THE OWNERS, POOL RENTAL NEAR ME EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY RENTER OR OTHER THIRD PARTY.
- LIMITATION OF LIABILITY YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF AND USE OF ANY POOL SPACE OR AMENITIES VIA THE SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF THE SERVICES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER POOL RENTAL NEAR ME NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, OR FROM YOUR LISTING, BOOKING, OR USE OF ANY POOL SPACE OR AMENITY VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT POOL RENTAL NEAR ME HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE OWNERS PURSUANT TO THESE TERMS, IN NO EVENT WILL POOL RENTAL NEAR ME'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING, BOOKING OR USE OF ANY POOL SPACE OR AMENITY VIA THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY POOL SPACE OR AMENITY OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A RENTER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE AN OWNER, THE AMOUNTS PAID BY POOL RENTAL NEAR ME TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN POOL RENTAL NEAR ME AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
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INDEMNIFICATION You agree to release, defend, indemnify, and hold Pool Rental Near Me and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: • Your access to or use of the Services or Collective Content or your violation of these Terms • Your Member Content • Your interaction with any Member, booking or use of a Pool Space or Amenity, creation of a Listing or the use, condition or rental of a Pool Space or Amenity by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Pool Space or Amenity
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DISPUTE RESOLUTION You and Pool Rental Near Me agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Pool Rental Near Me are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
Where it is reasonably believed the relief sought is $25,000 or less, and the claim is appropriate to resolve in small claims court, the arbitration will be conducted by FairClaims (http://www.fairclaims.com/) in accordance with its Arbitration Rules & Procedures effective at the time a claim is made. Where the relief sought is $25,001 or more, the arbitration shall be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate by the American Arbitration Association ("AAA") in Palm Beach County, Florida under the commercial rules then in effect for the AAA, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Pool Rental Near Me from seeking injunctive or other equitable relief from the courts as necessary to protect any of Pool Rental Near Me's proprietary interests.
- REPORTING MISCONDUCT If you interact with another user of the Services who you feel is acting or has acted inappropriately, including but not limited to, anyone who engages in offensive, violent or sexually inappropriate behavior, you suspect of stealing from you, or engages in any other disturbing conduct, you should immediately report such a person to the appropriate authorities and then to Pool Rental Near Me by contacting us with your police station and report number via support@poolrentalnearme.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
**24. GENERAL PROVISIONS
Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Pool Rental Near Me's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
These Terms constitute the entire and exclusive understanding and agreement between Pool Rental Near Me and you regarding the Services and Collective Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Pool Rental Near Me and you regarding the Services and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Pool Rental Near Me's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Pool Rental Near Me may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Pool Rental Near Me (i) via email (in each case to the address that you provide) or (ii) by posting to the Platform. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms and your use of the Services will be interpreted in accordance with the laws of the State of California, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in San Bernardino County, California or a United States District Court located in the Central District of California for any actions not subject to the arbitration provisions in Section 22.
FORCE MAJEURE No party shall be liable for any failure or delay in performing its obligations under these Terms (except for payment obligations) if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation facilities, fuel, energy, labor, or materials ("Force Majeure Event"). The affected party shall promptly notify the other party of the Force Majeure Event and its expected duration. The affected party shall use reasonable efforts to mitigate the effects of the Force Majeure Event and resume performance as soon as practicable. If the Force Majeure Event continues for more than thirty (30) days, either party may terminate these Terms upon written notice to the other party.
CHANGES TO TERMS Pool Rental Near Me reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect, by posting the updated Terms on the Platform or through other communications. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.
LIMITATION ON REPRESENTATIONS AND EXECUTIVE LIABILITY To the fullest extent permitted by law, the Company's officers, directors, executives, employees, agents, and affiliates (collectively, "Corporate Executives") shall not be personally liable for any claims, damages, losses, or liabilities arising out of or related to your use of the Platform or these Terms, including but not limited to any indirect, incidental, consequential, special, or punitive damages.
Furthermore, any claims, statements, representations, promises, or agreements made by any individual or entity other than Derek Bowen (the founder and CEO of Pool Rental Near Me), Brandon Elias (Chief Operations Officer), Matthew Ryan (Chief Tech Officer) or another authorized member of the Company's executive branch (as designated in writing by the Company) are not binding on the Company, its affiliates, or Corporate Executives. Such individuals or entities act solely on their own behalf and without authority from the Company. The Company expressly disclaims any liability for such unauthorized representations, and you agree not to hold the Company or its Corporate Executives responsible for any reliance on or damages resulting from them. All official representations from the Company must be made in writing and signed by Derek Bowen, Brandon Elias, or an authorized executive.
ACCEPTANCE OF TERMS
By accessing or using the Platform, you confirm that you have read, understood, and agree to be bound by these Terms of Service, including any additional terms and policies referenced herein. If you are agreeing on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.
CONTACT INFORMATION
For any questions, support, or notices regarding these Terms, please contact us at:
• Email: support@poolrentalnearme.com
• Business Phone: (909) 272-8096
• Website: www.poolrentalnearme.com
Pool Rental Near Me
10,000 Solutions LLC
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