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