Terms of Service

PoolRentalNearMe.com / 10000 Solutions Terms of Service

Last Updated: 12/1/2024

1. Introduction

Welcome to PoolRentalNearMe.com/10,000 Solutions ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, mobile applications ("Apps"), and services (collectively, the "Platform"). By accessing or using our Platform, you agree to comply with and be bound by these Terms.

Please read these Terms carefully before using our services. If you do not agree with any part of these Terms, you must not use the Platform.

2. Definitions

Host: An individual or entity who lists a pool and related amenities for rental on the Platform.
Guest: An individual or entity who books a pool rental through the Platform.
User: Any individual or entity that accesses or uses the Platform, including Hosts and Guests.
Listing: A pool and related amenities offered for rental by a Host on the Platform.
Booking: A confirmed rental agreement between a Guest and a Host for a Listing.

3. Eligibility

By using the Platform, you represent and warrant that:

You are at least 18 years of age.
You have the legal capacity to enter into binding contracts.
Your use of the Platform does not violate any applicable laws or regulations.

4. User Accounts

4.1. Account Registration

Personal Information: Users must provide accurate, current, and complete information during registration and keep it updated.
Account Security: Users are responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account.
Restricted Accounts: Users may not create multiple accounts or create an account for someone else without their permission.

4.2. Social Media Login

Third-Party Accounts: Users may have the option to register via third-party accounts (e.g., Facebook, Google).
Permissions: By connecting through a third-party account, you grant us access to certain information as permitted by that platform's terms and your privacy settings.

5. User Conduct

5.1. Acceptable Use Policy

Users agree not to engage in any of the following prohibited activities:

Violation of Laws: Using the Platform for any illegal purpose or in violation of any local, state, national, or international laws.
Infringement of Rights: Infringing upon the rights of others, including privacy, publicity, intellectual property, or contractual rights.
Harmful Activities: Transmitting any harmful code, viruses, or disrupt the integrity or performance of the Platform.
Harassment: Engaging in threatening, harassing, or inappropriate conduct towards others.
Data Mining: Using any automated means to access or collect information from the Platform without our permission.

5.2. User-Generated Content

Content Responsibility: Users are solely responsible for the content they post, upload, or otherwise make available on the Platform.
Prohibited Content: Users must not post content that is illegal, defamatory, obscene, pornographic, harassing, threatening, or otherwise objectionable.
License Grant: By posting content, Users grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and display such content in connection with the Platform.

6. Host Obligations

6.1. Insurance Requirements

Commercial Insurance Coverage
- Mandatory Insurance: All Hosts are required to obtain and maintain a valid commercial insurance policy that specifically covers pool rentals and related activities.
- Coverage Requirements: The insurance policy must provide adequate coverage for:
  - Property damage
  - Personal injury
  - Liability claims
  - Guest accidents
  - Water-related incidents
- Insurance Provider: The insurance must be obtained from a reputable insurance provider licensed to operate in the Host's jurisdiction.
Proof of Insurance
- Documentation: Hosts must upload proof of valid insurance coverage to the Platform before their Listing becomes active.
- Renewals: Hosts are responsible for keeping their insurance documentation current and must upload updated proof upon renewal or change of policy.
- Verification: We reserve the right to verify insurance documentation with the issuing provider.
Failure to Comply
- Listing Suspension: Failure to maintain valid insurance coverage may result in immediate suspension or removal of the Host's Listing.
- Notification: Hosts will be notified of any non-compliance and given a reasonable time to provide the required documentation.

6.2. Permit and License Requirements

Required Permits and Licenses
- Local Compliance: Hosts must obtain all necessary permits and licenses required by their local jurisdiction, which may include:
  - Short-term rental permits
  - Pool operation permits
  - Business licenses
  - Health and safety certifications
- Regulatory Changes: Hosts are responsible for staying informed about and complying with any changes in local regulations.
Proof of Compliance
- Documentation: Hosts must upload copies of all required permits and licenses to the Platform.
- Updates: Hosts must ensure all permits and licenses are current and renew them as necessary.
- Verification: We may request additional information to verify the authenticity of the permits and licenses provided.
Non-Compliance
- Listing Deactivation: Non-compliance with permit and license requirements may result in Listing deactivation.
- Legal Responsibility: Hosts are solely responsible for any legal penalties resulting from failure to obtain necessary permits and licenses.

6.3. Safety Inspections and Maintenance

Regular Safety Inspections
- Inspection Frequency: Hosts must conduct regular safety inspections of the pool 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.
Maintenance Requirements
- Facility Maintenance: Hosts are responsible for maintaining the pool 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 (e.g., depth markers, "No Diving" signs)
  - First aid kits
- Water Quality: Hosts must ensure that pool water is properly treated and meets health standards.
Compliance Verification
- Documentation: Hosts 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.

6.4. Host Conduct

Accurate Listings: Hosts must provide accurate and complete information about their Listings, including descriptions, availability, pricing, and any rules or requirements.
Non-Discrimination: Hosts must comply with all applicable anti-discrimination laws and must not discriminate against Guests based on race, religion, nationality, gender, sexual orientation, disability, or any other protected class.
Communication: Hosts must respond to booking inquiries and messages from Guests in a timely and professional manner.
Respect for Privacy: Hosts must not disclose any personal information about Guests to third parties without consent, except as required by law.

7. Guest Obligations

7.1. Compliance with Host Rules

House Rules: Guests must comply with all house rules provided by the Host in the Listing.
Local Laws: Guests must adhere to all local laws and regulations during their booking.

7.2. Safety and Conduct

Responsible Use: Guests are responsible for using the pool and amenities safely and responsibly.
Supervision: Guests must ensure that all minors and non-swimmers are supervised by a responsible adult.
Prohibited Activities: Guests must not engage in illegal activities, excessive noise, or disturbances during the rental period.

7.3. Liability for Damages

Damage Responsibility: Guests may be held liable for any damage they cause to the Host's property.
Reporting: Guests must report any damages or safety issues to the Host immediately.
Charges for Damages: Guests agree that repair or replacement costs may be charged to them.

7.4. Guest Conduct

Respect for Property: Guests must leave the property in the condition it was found.
No Unauthorized Guests: Only the Guests included in the booking are permitted on the property unless otherwise agreed upon with the Host.
Privacy Respect: Guests must respect the privacy of Hosts and not disclose any personal information obtained during the booking.

8. Booking and Payment Terms

8.1. Booking Process

Requesting a Booking: Guests can request a booking by selecting available dates and agreeing to the Host's terms.
Host Acceptance: Hosts have the discretion to accept or decline booking requests.
Confirmation: A booking is only confirmed when the Host accepts the request and payment is processed.
Communication: All booking-related communication should occur through the Platform's messaging system to ensure transparency and security.

8.2. Fees and Payments

Pricing: The Listing price includes rental fees and may include additional charges such as cleaning fees or security deposits.
Service Fees: We may charge service fees to both Guests and Hosts, which will be disclosed during the booking process.
Taxes: Applicable taxes will be collected as required by law.

8.3. Payment Processing

Third-Party Payment Processor: Payments are processed securely through a third-party payment provider compliant with PCI DSS standards.
Payment Authorization: By providing payment information, Users authorize us and our payment processor to charge the applicable fees.
Currency: All transactions are conducted in the currency specified on the Platform.

8.4. Refund Policy

Eligibility: Refunds are subject to the Host's cancellation policy and any applicable laws.
Processing Time: Refunds may take several business days to process, depending on the payment method used.

9. Cancellation and Refund Policy

9.1. Guest Cancellations

Cancellation Policy: Guests must adhere to the Host's specific cancellation policy as stated in the Listing.
Refunds: Refund eligibility and amounts depend on the timing of the cancellation and the Host's policy.
No-Shows: Failure to arrive at the Listing without prior cancellation may result in the forfeiture of the entire payment.

9.2. Host Cancellations

Host-Initiated Cancellations: If a Host cancels a booking, the Guest will receive a full refund.
Assistance: We may assist the Guest in finding alternative accommodations but are not obligated to do so.
Penalties: Hosts who frequently cancel bookings may face penalties, including suspension of their account.

9.3. Extenuating Circumstances

Exceptions: In certain extenuating circumstances (e.g., natural disasters, public health emergencies), we may override the cancellation policy to provide refunds.
Documentation: Users may be required to provide documentation supporting the extenuating circumstance.

10. Liability and Disclaimers

10.1. Platform Liability

Limited Liability: We act solely as an intermediary and are not a party to any agreements between Hosts and Guests.
No Endorsement: We do not endorse any Users or Listings and are not responsible for the conduct of any User.
No Warranty: We make no warranty regarding the quality, safety, or legality of any Listing.

10.2. Host Liability

Sole Responsibility: Hosts are solely responsible for their Listings and compliance with all legal and regulatory requirements.
Indemnification: Hosts agree to indemnify and hold harmless the Company from any claims arising out of their Listings or rental activities.

10.3. Guest Liability

Assumption of Risk: Guests acknowledge that pool use carries inherent risks and agree to assume all risks associated with their booking.
Indemnification: Guests agree to indemnify and hold harmless the Company from any claims arising out of their use of the Host's property.

10.4. Disclaimer of Warranties

"As Is" Basis: The Platform is provided on an "as is" and "as available" basis without warranties of any kind.
No Warranty: We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

10.5. Limitation of Liability

Exclusion of Damages: To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages.
Cap on Liability: Our total liability to any User shall not exceed the total amount of fees paid by the User in the six months preceding the claim.

10.6. Apple's and Google's Limited Liability

Third-Party Beneficiary: Apple Inc. and Google LLC, and their subsidiaries, are third-party beneficiaries of these Terms and may enforce these Terms against you.
No Liability: Users acknowledge that Apple and Google have no obligation to furnish any maintenance or support services with respect to the Apps.

11. Dispute Resolution

11.1. Between Users

Good Faith Effort: Users agree to attempt to resolve disputes with other Users informally and in good faith.
Reporting Issues: Users may report disputes to us for assistance, but we are not obligated to mediate or resolve disputes.

11.2. Arbitration Agreement

Agreement to Arbitrate: Any disputes arising out of or relating to these Terms or the use of the Platform shall be resolved through binding arbitration.
Arbitration Rules: Arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA).
Location: The arbitration will take place in the county where the User resides unless otherwise agreed upon.
Exceptions: Users may assert claims in small claims court if they qualify.

11.3. Waiver of Jury Trial and Class Actions

Jury Trial Waiver: Users waive the right to a jury trial for any disputes.
Class Action Waiver: Disputes will be resolved on an individual basis, and Users waive the right to participate in class actions.

12. Data Privacy and Consent

12.1. Collection and Use of Personal Information

Privacy Policy: Our collection and use of personal information are governed by our Privacy Policy, which is incorporated into these Terms by reference.
Consent: By using the Platform, Users consent to the collection, use, and disclosure of their personal information as described in the Privacy Policy.
Permissions: The Apps may request access to device features (e.g., location services) to provide enhanced services. Users will be prompted to grant or deny such permissions.

12.2. Data Security

Security Measures: We implement reasonable administrative, technical, and physical safeguards to protect User data.
No Guarantee: While we strive to protect User information, we cannot guarantee absolute security.
Data Breach Notification: In the event of a data breach, we will notify affected Users as required by applicable laws.

12.3. Data Retention

Retention Period: We retain personal information for as long as necessary to provide services and comply with legal obligations.
Account Deletion: Users may request deletion of their personal data in accordance with our Privacy Policy.

12.4. Third-Party Services

External Links: The Platform may contain links to third-party websites or services not operated by us.
No Control: We have no control over and assume no responsibility for the content or practices of third-party sites.
Third-Party Analytics: We may use third-party analytics tools to understand usage patterns.

12.5. Children's Privacy

Minimum Age: The Platform is not intended for use by individuals under the age of 13.
Parental Consent: Users under the age of majority in their jurisdiction must obtain parental consent to use the Platform.

13. Intellectual Property

13.1. Ownership Rights

Company Content: All content on the Platform, including text, graphics, logos, and software, is owned by the Company or licensed to us.
User Content: Users retain ownership of content they submit but grant us a license to use, reproduce, and display such content in connection with the Platform.

13.2. License Grant

Limited License: We grant Users a limited, non-exclusive, non-transferable license to access and use the Platform for personal use.

13.3. Prohibited Uses

Restrictions: Users may not:
- Copy, distribute, or disclose any part of the Platform without prior written permission.
- Use automated systems (e.g., robots, spiders) to access the Platform.
- Reverse engineer or attempt to extract the source code of the Platform.

13.4. Reporting Infringement

DMCA Compliance: We comply with the Digital Millennium Copyright Act (DMCA) and respond to notices of alleged infringement.
Notification Procedure: If you believe your intellectual property rights have been infringed, please contact us with the necessary information.

14. Modifications to the Platform

Updates: We may modify, suspend, or discontinue the Platform or any part thereof at any time without notice.
Automatic Updates: The Apps may automatically download and install updates from time to time to improve, enhance, and further develop the Platform.
No Liability: We shall not be liable for any modification, suspension, or discontinuation of the Platform.

15. Termination

15.1. By User

Account Cancellation: Users may terminate their account at any time by following the account settings instructions.
Effect of Termination: Upon termination, access to the Platform and any pending bookings will be canceled.
Data Deletion: User data will be handled in accordance with our Privacy Policy.

15.2. By Company

Termination Rights: We may suspend or terminate a User's access to the Platform for any reason, including violation of these Terms.
Notice: Users will be notified of termination via the email address associated with their account.
Effectiveness: Termination is effective immediately upon notice.

16. Governing Law and Jurisdiction

16.1. Governing Law

Applicable Law: These Terms shall be governed by and construed in accordance with the laws of the State of [Insert State], without regard to its conflict of law provisions.

16.2. Jurisdiction

Legal Proceedings: Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in [Insert County], [Insert State].

17. Miscellaneous

17.1. Entire Agreement

Integration: These Terms, along with the Privacy Policy and any additional agreements, constitute the entire agreement between Users and the Company.

17.2. Severability

Invalid Provisions: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

17.3. No Waiver

Enforcement: Failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

17.4. Assignment

Transfer of Rights: Users may not assign their rights under these Terms without our prior written consent.
Company Assignment: We may assign these Terms or any rights hereunder without consent.

17.5. Electronic Communications

Consent: Users consent to receive communications from us electronically.
Legal Effect: Electronic communications, notices, and agreements have the same legal effect as if provided in writing.

18. Compliance with App Store Terms

18.1. Apple App Store Provisions

Acknowledgment: These Terms are between you and the Company, not Apple Inc. ("Apple").
Usage Rules: Your use of the Apps must comply with the App Store Terms of Service.
Maintenance and Support: Apple is not responsible for providing any maintenance or support services for the Apps.
Warranty: In the event of any failure of the Apps to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) of the Apps to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation.
Product Claims: Apple is not responsible for addressing any claims relating to the Apps, including but not limited to:
- Product liability claims
- Any claim that the Apps fail to conform to any legal or regulatory requirement
- Claims arising under consumer protection or similar legislation
Third-Party Intellectual Property Claims: Apple is not responsible for investigating, defending, settling, or discharging any claims of intellectual property infringement.
Third-Party Beneficiary: Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce these Terms against you.

18.2. Google Play Store Provisions

Acknowledgment: These Terms are between you and the Company, not Google LLC ("Google").
Usage Rules: Your use of the Apps must comply with the Google Play Terms of Service.
Maintenance and Support: Google is not responsible for providing any maintenance or support services for the Apps.
Warranty: We, not Google, are responsible for any product warranties, whether express or implied by law.
Product Claims: Google is not responsible for addressing any claims relating to the Apps, including but not limited to:
- Product liability claims
- Any claim that the Apps fail to conform to any legal or regulatory requirement
- Claims arising under consumer protection or similar legislation
Third-Party Intellectual Property Claims: Google is not responsible for investigating, defending, settling, or discharging any claims of intellectual property infringement.
Third-Party Beneficiary: Google and its affiliates are third-party beneficiaries of these Terms and may enforce these Terms against you.

19. Modifications to Terms

Right to Modify: We reserve the right to update or modify these Terms at any time.
Notification: Changes will be posted on this page with an updated revision date. For significant changes, we may provide additional notice (e.g., email notification).
Acceptance of Changes: Continued use of the Platform after any changes constitutes acceptance of the new Terms.
Review of Terms: Users are encouraged to review the Terms periodically for any updates or changes.

20. Contact Information

If you have any questions, concerns, or comments about these Terms, please contact us:

Email: support@poolrentalnearme.com
Address: 7785 Halbrook Terrace, Riverside, CA 92509
Customer Support: support@pool-rental-near-me.intercom-mail.com