Terms and Conditions of Service and Use
Table of Contents
- Terms and Conditions
- Account Registration
- Protect Login Information
- Proprietary Data and Communication
- Third-Party Sites
- Pond Listings
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- Booking and Financial Terms
- Damages and Security Deposits
- Overstaying or Usage without Consent
- Cancellations and Refunds
- User Conduct
- Term, Suspension and Termination
- Digital Millennium Copyright Act (DMCA)
- Class Action Waiver
- Equitable Relief
- Communications Decency Act Notice
- Assumption of Risk and Waiver
- Indemnification and Limitation of Liability
- Governing Law and Jurisdiction
- Contact Information
- “PondDay” shall mean PondDay, LLC , “PondDay.com”, “Passfield Ventures, LLC”, and/or “Passfield Ventures, LLC d/b/a PondDay” and its online Platform that connects Pond and Lake owners, and other property owners with small natural or man-made bodies of still water on such property (“Hosts” or “Host Members”), with potential and booked guests (“Guests” or “Guest Members”), collectively “Parties” or “Members”.
- “Account” means the account a person registers for on the Platform (defined hereinbelow) to become a Member with PondDay to use the PondDay Website, PondDay.com, the PondDay App, or its Services.
- “Allowed Duration” has the meaning set forth in Section 13.
- “Affiliate Program” or “PondDay Partner” means the Affiliate program or PondDay Partner program, if any, established, implemented and maintained by PondDay.
- “App” or “Application” means any apps or applications for or operated on mobile or other smart devices and application program interfaces through which PondDay offers and provides its services.
- “Booking Request Period” means the time period after a Guest books a Pond through the Website or App, and before the Host confirms or rejects such Booking Request.
- “Booking” or “Rental” means a limited license granted by the Host to the Guest to use the Pond identified in the Listing (and such defined and identified area of real property surrounding the Pond identified by the Host in the subject Listing) for the limited duration of the confirmed Booking.
- “Collective Content” means Member Content and PondDay Content.
- “Communication” means any email, message via the App, and text message and/or message by and among Guests, Hosts, Partners, and PondDay.
- “Content” means text, graphics, images, music, software (excluding the App), audio, video, hyperlink, attachment, information or other materials in whatever format or medium.
- “Lake” means a natural or man-made body of water on a Host’s real property, including the defined and identified surrounding space (i.e. yard, bank, pasture area) booked by a Guest for a specified duration as specified in the Listing and as agreed upon by the Parties to such Listing and Booking. “Lake” and “Pond” shall be used interchangeably in these Terms and Conditions of Service and Use, and shall not mean an artificial swimming pool of any kind (in-ground or above-ground).
- “Listing” means a Pond that is listed by a Host as available for Booking through the Platform.
- “Payout Method” means a payout method that a Member has added to or chosen for his/her/its/their PondDay Account (PayPal) for acceptance of funds in connection with such Member’s PondDay account.
- “Host Content” means all Content that a Host posts, uploads, publishes, submits, transmits, or includes in his/her/its/their Listing, Member profile, or PondDay promotional campaign to be made available through the Platform or App.
- “Member” refers to a person who completes PondDay’s account registration process, including but not limited to Hosts, Guests and Partners, and who’s registration application is accepted by PondDay, as described under “Account Registration” below.
- “Occupancy Tax” has the meaning set forth in Section 17.
- “Payment Method” means a payment method that a Member has added to his/her/their PondDay Account (i.e., credit card, debit card, PayPal).
- “Platform” means the PondDay Website and/or App.
- “Pond” means the natural or man-made body of water on a Host’s real property, including the defined surrounding space (i.e. yard, bank, pasture area), booked by a Guest for a specified duration as specified in the Listing and as agreed upon by the Parties to such Listing and Booking. “Pond” and “Lake” shall be used interchangeably in these Terms and Conditions of Service and Use and shall not mean an artificial swimming pool of any kind (in-ground or above-ground).
- “Booking Fees” means the amount of funds in U.S. Dollars due to PondDay by a Guest in exchange for a Booking, exclusive of Service Fees and Taxes as defined by a Host in a Listing.
- “Host” means a Member who creates a Listing and rents a Pond through the Platform.
- “Host Fee” means the fee, if any, PondDay charges a Host for use of the Services.
- “Service Fee” means collectively the Guest Fees and the Host Fees, plus any third-party charges associated with a Listing and/or Booking.
- “Services” means the services PondDay makes available through its Platform for Hosts to list Ponds and for Guests to book such Ponds.
- “Website” means www.PondDay.com and any other existing or future Website through which PondDay makes Services available.
- “Guest” means a Member who Books a PondDay Listing through the Platform.
- “Invitee” means any and all additional persons who are not Members but who accompany a Guest to or on a Booked PondDay stay at a Host’s Pond.
- “PondDay Content” means all content that PondDay makes available through the Platform or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.
- “Taxing Authority” has the meaning set forth in Section 16.
- “Tax” or “Taxes” means any sales, goods and/or services taxes (GST), transient occupancy, tourist or other visitor taxes, Pond or lodging taxes, fees Hosts may be required by law to collect and remit to governmental agencies, other similar municipal, state, federal and/or national authorities, indirect or other withholding and personal or corporate income taxes, or any other tax that is required to be or permitted to be collected by law.
- “Terms” means these Terms and Conditions of Service and Use.
- “Total Fees” means collectively the Pond Fees plus Service Fees (inclusive of Guest and Host Fees) and Taxes.
- “You” or “Your” means you as a Member, unless otherwise specified. The Terms may apply to you as a Guest and Member, Host or Member, or Guest and Host concurrently.
- Terms and Conditions
- Who We Are: PondDay is an online marketplace which enables Hosts to offer and list their Ponds for Booking and to communicate directly with potential Guests who wish to use those Bookings, and to ultimately facilitate transactions whereby Guests pay for and use/stay at the Host’s Pond.
- Purpose of Headings: Headings in these Terms are solely for reference objectives and neither expand or limit the scope or extent of such section. Except as otherwise stated in these Terms, if any clause of these Terms is found to be invalid, void, or for any reason unenforceable, such clause shall be struck out and shall not affect the validity and enforceability of the remaining clauses or provisions.
- Your Legal Rights: PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY AGREEING TO THESE TERMS, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THAT YOU ARE BOUND TO A LEGAL AGREEMENT BETWEEN YOU AND PONDDAY PURSUANT TO THESE TERMS.
These Terms, and all any amendments thereto, govern your access and use of the Platform, including but not limited to payment procedures, Collective Content, and any Affiliate Program. The Platform allows Hosts to create Listings for Ponds and Guests to learn about and book Ponds directly with Hosts. PONDDAY IS NOT A PARTY TO ANY PART OF ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS, OR ANY ATTEMPTS TO ENTER INTO SUCH AGREEMENTS, NOR IS PONDDAY AN INSURER OR GUARANTOR OF SAME. PONDDAY HAS NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS AND/OR INVITEES OF EITHER, OTHER USERS OF THE WEBSITE, APPLICATION OR SERVICES, OR ANY PONDS OR THE REAL PROPERTY ON WHICH SUCH PONDS ARE FOUND, AND PONDDAY EXPRESSLY DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- Modifications: PondDay reserves the right, in its sole discretion, to modify these Terms and the Platform at any time and without prior notice. If PondDay materially changes or modifies these Terms, it will post the modification on the Platform and/or provide Members notice of the modification by email. The date the Terms were “Last Updated” will be shown on the Website. Changes to the Terms will be effective at the time of posting. If you disagree with such updated Terms, you may terminate your Account. If you do not terminate your Account, your continued access or use of the Platform shall constitute consent to and acceptance of the modified Terms.
- No Waiver: PondDay, in its sole discretion, may determine whether to prosecute a right or claim, and failing to do so is not a waiver of its right, or of any subsequently accruing right or claim.
- Hosts Duties: HOSTS ARE RESPONSIBLE FOR IDENTIFYING, UNDERSTANDING, AND COMPLYING WITH ALL LAWS, RULES, REGULATIONS, COVENANTS AND/OR RESTRICTIONS THAT APPLY TO THEIR PROPERTY, PONDS AND LISTING(S). FOR EXAMPLE, SOME HOMEOWNERS ASSOCIATIONS, TOWNS, CITIES, COUNTIES OR OTHER PRIVATE, GOVERNMENTAL, QUASI-GOVERNMENTAL OR OTHER AUTHORITIES IN WHICH THE POND IS SITUATED MAY RESTRICT POND OWNERS FROM RENTING FOR SHORT PERIODS OF TIME, AND/OR HOSTS MAY BE REQUIRED TO REGISTER OR OBTAIN A PERMIT OR LICENSE BEFORE LISTING A POND OR ACCEPTING GUESTS. LOCAL REGULATIONS, COVENANTS, RESTRICTIONS AND/OR LAWS, AND ENFORCEMENT THEREOF, VARY FROM LOCALITY TO LOCALITY AND PENALTIES MAY INCLUDE FINES, LIENS, OR OTHER ENFORCEMENT. If you have questions about the applicability of local regulations, covenants, restrictions and/or laws to your property, Listing or Pond, you should seek legal guidance. PONDDAY TAKES NO OFFICIAL POSITION ON SUCH LEGAL REQUIREMENTS AND THE DUTY TO INVESTIGATE, IDENTIFY, UNDERSTAND AND COMPLY WITH SUCH REQUIREMENTS LIES SOLELY WITH THE MEMBERS. With the exception of PondDay’s obligations pursuant to these Terms, PondDay disclaims all liability and responsibility arising from or related to any Member agreements and the use, control and management of any Host’s Pond or property.
- Member Minimum Age: Members must be at least eighteen (18) years old to register for an account, post a Listing, Book a Pond stay, or use the Platform. By accessing the Platform, you warrant and represent that you are at least eighteen (18) years old.
- Alcohol: Hosts shall take adequate measures to confirm the identification and age of those wishing to consume alcohol during the booked period/event taking place at a Pond. It is illegal to serve alcohol to or purchase alcoholic beverages for a minor. NO INDIVIDUAL UNDER THE AGE OF 21 MAY CONSUME ALCOHOL AT A BOOKING.
- Sharing Personal Information for Reports: You as a Member agree and authorize PondDay to facilitate the use of your personal information, and information related to the real property on which any listed Pond is situated, for the purpose of obtaining third-party reports, as permitted by law. To the extent permitted by applicable laws, PondDay may use your personal information, and information related to the real property on which any listed Pond is situated, to obtain reports and information from public records of criminal convictions or sex offenders, land and tax records, or any other information that may potentially cause harm or injury to anyone associated with PondDay Bookings. PondDay may, directly or indirectly through third parties, make inquiries to verify your identity, and the title holder to any real property on which any listed Pond is situated, to prevent fraud or other criminal activity, or for any other reason PondDay sees fit in its sole discretion.
- Account Registration
In order to access certain features of the Website and Application and to book a Pond or create a Listing, you must register for an Account and become a Member. You may register directly via the Platform, or in any other manner described by PondDay, now or in the future.
Information Required: For the purpose of verification and safety of the Website, all Members are required to submit personal information such as full name, date of birth, address, and other identifying or payment information to create an Account with PondDay. Members may not create or register more than one Account at a time. You agree that the information you provide to PondDay during the registration process is truthful, accurate, current, and complete in all respects and at all times. PondDay reserves the right to suspend or terminate any Account, and any Member’s access to the Platform, if such Member creates more than one Account, or if any information provided by a Member proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms.
- Protect Login Information
Members are responsible for safeguarding his/her/their password, user ID, and all other forms of verification (“Login Information”). Members agree that they shall not disclose their Login Information to any other Member, Invitee or third party and shall take reasonable steps to ensure its security and non-disclosure. Unless expressly authorized, Members are not permitted to share their Account with any other Member or third-parties. Members are solely responsible and liable for all activities and actions taken under their Account, whether such activities or actions were authorized by the Member Account holder or not. Members shall immediately notify PondDay of any unauthorized use of their Account. Should any Member share his/her Login Information with another Member or a third-party, such Member shall be responsible for all injuries, damages and consequences resulting therefrom, and PondDay reserves the right to take any action to remedy the effects of same.
- Proprietary Data and Communication
- PondDay Communication with Members: PondDay, or any third-party designated by PondDay, will not communicate with you via any method unless you consent to such form of communication. Any Feedback you submit to PondDay, or any third-party designated by PondDay, will be considered non-confidential and non-proprietary by or to you.
- PondDay Use of Member Content: By submitting Feedback to PondDay, you grant PondDay a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you. PondDay, in its sole discretion, may utilize for any purpose any Member Content. By posting any Member Content, you grant PondDay a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, translate, modify, distribute, license, sell, transfer, publicly display, perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content, on or through the Platform or otherwise.
- You Represent You Own Data or Information You Post: You represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Platform, or through PondDay promotional campaigns, or you have all rights, licenses, consents and releases that are necessary to grant to PondDay the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or PondDay’s use of the Member Content (or any portion thereof) on, through or by means of the Platform or PondDay’s promotional campaigns, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- License to App: In the event an Application becomes available, PondDay grants you a limited non-exclusive, non- transferable license to download and install the Application to your smart devices or computers for personal use. If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.
- Google Maps: Some parts of PondDay’s Website may use Google Maps and your use of such services are subject to the Google Maps terms.
- Third-Party Websites
The Platform may contain links to third-party Websites or resources. You acknowledge and agree that PondDay is not responsible or liable for: (i) the availability or accuracy of such Websites or resources; or (ii) 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 PondDay 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.
- Pond Listings
- Listing Requirements: Members shall create Listings for their subject Pond in accordance with these Terms. Nothing in the Listing may be in contravention of anything in these Terms. Listings shall include a valid physical address to be featured on the Website. Listings will be made publicly available via the Platform. The listing Member shall disclose all deficiencies relating to the real property on which the Pond is situated.
PondDay Imposed Requirements: PONDDAY RESERVES THE RIGHT TO IMPOSE ANY AND ALL REQUIREMENTS IT DEEMS NECESSARY WITH REGARD TO SUCH LISTINGS, INCLUDING, BUT NOT LIMITED TO, MINIMUM OR MAXIMUM DURATIONS, MINIMUM TIMES BETWEEN LISTINGS, AND MINIMUM PRICING.
Member Responsible for Listing: Members understand, acknowledge and agree that they alone are responsible for any and all Member’s Listing(s) and posted Listing Content. Members therefore represent and warrant that any Listing or Member Content posted by such Member, including but not limited to photographs, addresses, offered amenities, property features and conditions, Pond features, and other facts and information related to the Pond are accurate and complete in all respects. Members also represent and warrant that they have fully disclosed all information related to the Pond and Listing which a reasonable person would expect to want to know concerning the same.
Members represent and warrant that any Listing Member posts and the Booking of, or a Guest’s stay at, a Pond in a Listing which a Member posts (i) shall not breach any agreements Members have entered into with any third parties, such as a homeowners association, condominium association, real property agreements of any kind, or other third party agreements, and (ii) shall (a) be in compliance with all applicable laws (such as zoning laws), tax requirements, intellectual property laws, and rules and regulations which may apply to any Pond included in a Listing posted by Member (including having all required permits, licenses and registrations), and (b) does not conflict with the rights of third parties.
- Listing Price: Hosts shall set the Pond Fee for the Listing, and elect in their sole discretion whether to include (i) a Pond area cleaning fee; (ii) Taxes the Host determines that the Host is required to collect pursuant to local, state or federal law; or (iii) any other fee permitted according to the PondDay Terms herein. All payments must be charged and made in U.S. dollars.
- Guest Booking Request: Member Hosts understand that other Members will be able to book their Pond as a Guest via the Platform based upon the information provided in the Host Member’s Listing, the Host Member’s requirements, and a Guests’ search parameters and preferences. Members further understand and agree that once a Host Member approves a Guest’s requests to Book a Pond in a Listing, the Host Member may not request the Guest to pay a higher price than that advertised in the Listing and agreed to in the Booking. Such prohibited activity by a Host may result in PondDay taking account action against such Host Member, up to and including removal from the Website and termination of the Host Member’s PondDay account, withholding of any amounts owed to such Host, and other remedies permitted by law and these Terms.
- Exclusive PondDay Listings: In order to avoid double-booking, over-booking and booking conflicts, Hosts understand, acknowledge and agree that the Listing of a Pond on PondDay is and shall be exclusive to PondDay and that the Host may not and shall not list the same Pond for Booking on any other website, platform or application. Host Members agree that by listing their Pond on PondDay, they will not list it elsewhere, including any website, platform or application owned or hosted by such Host Member.
- Responsibility for Requested Listing and Booking Modifications: Members as a Guest or Host are solely responsible for any modifications to a Listing or Booking that they direct PondDay customer service to make, and such Members agree to pay any Pond Fees, Guest Fees, Host Fees, Services Fees, Taxes, and/or other PondDay costs and fees associated with such Booking or Listing modifications.
- Listing Rankings by PondDay: PondDay reserves the right to rank or rate Listings based upon any criteria it deems appropriate and/or beneficial to Members and PondDay. The placement and/or ranking of Listings in search results may depend upon a variety of factors, including, but not limited to, Party preferences, ratings and/or ease of Booking.
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- Hosts should Obtain Insurance: PondDay recommends that (i) Hosts obtain appropriate insurance for their Ponds and the real property on which the Pond is situated, (ii) Hosts carefully review any insurance policy that Hosts may have for their Pond and property, and in particular, ensure that they are familiar with and understand any exclusions to, and any deductibles which may apply for such insurance policy, including, but not limited to, whether the insurance policy will cover the actions or inactions of or relating to Guests and Invitees (if applicable) while at the Host’s Pond.
- PondDay is not an Insurer: Host Members understand, acknowledge and agree that PondDay does not act as and is not an insurer. If a Guest requests a Booking of a Host’s Pond and stays at such Pond, any agreement a Host enters into with such Guest related thereto is solely between such Host and the Guest. It is the responsibility of the Guest to ask the Host about insurance.
- PondDay can Make a Claim Under your Insurance: If you are a Member, you understand, acknowledge and agree that PondDay may make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused, or are responsible for, to a Pond or any personal or other property located at a Pond. You agree to cooperate with and assist PondDay in good faith, and to provide PondDay with such information as may be reasonably requested by PondDay in order to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as PondDay may reasonably request to assist PondDay in accomplishing the foregoing.
- Booking and Financial Terms
- Payment Method: You authorize PondDay to store your Payment Method information and charge your Payment Method as outlined in these Terms. It is the duty of Members to carefully analyze all the practices of a chosen payment provider, and PondDay takes no official position in this matter. If your Payment Method’s account information changes (e.g. account number, routing number, expiration date, etc.), you consent to PondDay acquiring such information from PondDay’s financial services partner or your bank solely for the purpose of updating your Payment Method on file in your PondDay Account. Whatever Payment Method you use may be subject to additional terms and conditions imposed by the applicable third-party payment service provider.
- Payment Information: In connection with your requested Booking, you will be asked to provide typical billing information such as name, billing address and Payment Method information either to PondDay or a third-party payment processor(s). You agree to pay PondDay for any confirmed Bookings made in connection with your PondDay account in accordance with these Payment Terms by a method supported by the Platform (e.g. PayPal, credit or debit card). You hereby authorize the collection of such amounts by PondDay charging the Payment Method provided as part of requesting the Booking, either directly by PondDay or indirectly, via a third-party payment processor or by one of the payment methods described on the Platform. You also authorize PondDay to charge any Payment Method on file in your PondDay Account for damage caused at a Pond by you or an Invitee in accordance with these Terms.
- PondDay Right to Setoff or Payment Disbursement: PondDay reserves the right to set off any amounts owed to you by PondDay with any amounts you may owe PondDay. For example, if you as a Host are owed a Pond Fee from PondDay, and concurrently owe PondDay an overage fee, PondDay may set off the amounts against each other. Similarly, if you as a Guest have booked a Pond and are entitled to a refund for a separate cancelled Booking, PondDay may set off the amounts against each other. Both PondDay and you as either a Guest or Host, will be relieved of your obligation with respect to setoff amounts following such a setoff. PondDay will initiate payment of Pond Fees less the Service Fees and Taxes to the Host within seven (7) business days after the date of the Booking, subject to any delays not within PondDay’s control. If PondDay is unable to collect any amounts you owe for a confirmed Booking or a Damage Claim, PondDay may engage in collection efforts to recover such amounts from you.
- PondDay Price Discretion: PondDay, in its sole discretion, may increase or discount a Host’s Listing price or a Guest’s Booking cost in any manner it deems appropriate, including but not limited to, providing promotional codes to Guests.
- Hosts Process: If you are a Hosts, and a Booking is requested for your Pond via the Platform, you will be required to either confirm or reject the Booking request within the Booking Request Period, otherwise the request will automatically expire and any collected fees will be returned to the Guest. When you confirm a Booking requested by a Guest, PondDay will send you a Communication confirming such Booking, depending on the selections you make via the Platform.
Hosts shall set the Pond Fee for the Listing, and elect in such Host’s sole discretion whether to include (i) a Pond cleaning fee; (ii) Taxes the Host determines that must be collected pursuant to local law; or (iii) any other fee permitted according to these PondDay Terms.
- Guest Responsibility: Hosts, not PondDay, are solely responsible for honoring any confirmed Bookings and making available any Ponds reserved through the Platform. If you, as a Guest, choose to enter a transaction with a Host for a Booking, you understand, acknowledge and agree that you will be required to enter an agreement with the Host and accept any terms, conditions, rules and restrictions imposed by the Host. You further understand, acknowledge and agree that you, and not PondDay, are responsible for performing the obligations of any such agreements
- Guest Payments: You as a Guest agree that PondDay may charge your Payment Method the Total Fees for any Booking requested in connection with your PondDay Account. In order to establish a Booking pending the applicable Host’s confirmation of your requested Booking, you understand and agree that PondDay, on behalf of the Host, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your Payment Method for the Total Fees and/or (ii) charge your Payment Method a nominal amount, not to exceed one dollar ($1), to verify your Payment Method.
- Guest Payment Schedule: Depending on your chosen Payment Method, PondDay will either collect the Total Fees (i) at the time of the Booking request or (ii) upon the Host’s confirmation of the Booking. Generally, PondDay will collect the Total Fees due once PondDay receives confirmation of your Booking from the applicable Host. However, if you pay with a push Payment Method, PondDay will collect Total Fees at the time of your Booking request. If PondDay is unable to collect Total Fees in the ordinary course, it may elect to collect Total Fees at a later time. Once the payment transaction for your requested Booking is successfully completed, you will receive a confirmation email summarizing your confirmed Booking.
- PondDay Promotions: These are terms and conditions that commonly apply to promotions on PondDay.com, including ones where you must redeem a promotional code as part of the offer and where no alternative terms and conditions apply.
- This is a limited time offer.
- PondDay reserves the right to modify or cancel the offer at any time. If you received the promotional code (directly or indirectly) from a third party, that third party also reserves the right to modify or cancel the offer at any time.
- Offer limited to one per customer and account.
- Offer may not be combined with other offers.
- Offer is non-transferrable and may not be resold.
- If the booking is refunded, your refund will equal the amount you paid for the product or content, subject to applicable refund policies.
- Offer discount will be allocated proportionally among all promotional items in your order.
- If you violate any of the offer terms, the offer will be invalid.
Service Fees or charges may include collection fees, convenience fees, other third-party charges or any other fee that may be needed to address your account and is permitted by law. Where applicable, PondDay may also charge Taxes relating to the Host Fees and Guest Fees. PondDay deducts the Host Fees from the Pond Fees before remitting the balance to the Host.
Balances will be remitted by PondDay to the Host via the Payout Method selected by the Host, depending upon the selections the Host makes via the Platform. PondDay may, in its sole discretion, round up or round down amounts payable from or to Guests and Hosts to the nearest whole dollar (i.e. $101.50 to $102.00, or $101.49 to $101.00).
- Damages and Security Deposits
- Duty for Damages and Lost Objects: You as a Guest are responsible for leaving the Pond (including any personal or other property located at a Pond) in the condition it was in when you arrived, reasonable wear and tear excepted. You are also responsible for all items you bring with you to the Pond, and should you leave such items at the Pond, the Host can elect to return them; however, it is not the Host’s obligation or duty to do so.
- Guest’s Liability: You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions, the acts and omissions of your Invitees, and any individuals you otherwise provide or permit access to, the Pond or the Host’s property.
- Damage Payment Process: If a Host claims and provides evidence of damage to such Host’s Pond or real property where the Pond is situated (“Damage Claim”), you agree to pay the cost to repair any such damage, or to replacement any personal property that has been lost, stolen or which cannot be repaired. Such cost may be collected from the Payment Method used to book the Pond, or any other Payment Method on file at the time of the Damage Claim. PondDay reserves the right to collect payment from you and pursue any options available if it is unable to collect from the Payment Method.
- Incident Reporting: In the event of a claim as a Member, you agree to use all reasonable efforts to secure evidence from any available witnesses, and to provide PondDay or insurance-related parties with a written description of the incident and any other information requested, including the identity and insurance information of any parties involved in the incident. You are also required to cooperate in any loss investigation conducted by PondDay, law enforcement or third-party insurers.
- Host Remedies: If a Host has a Damage Claim related to a confirmed Booking, the Host may seek payment from the Guest through PondDay. The Host may escalate the Damage Claim to PondDay if the Host and Guest are unable to resolve a Damage Claim. If escalating the Damage Claim to PondDay, the Host must send evidence of the damage to PondDay. If a Host escalates a Damage Claim to PondDay, you as a Guest will be notified of the Damage Claim and be given an opportunity to respond. If you as a Guest agree to pay the Host in connection with a Damage Claim, or if PondDay determines, in its sole discretion, that you are responsible for damaging a Pond or any personal or other property located at a Pond, PondDay may attempt to collect any such costs from you from the Payment Method in accordance with the Payments Terms. PondDay also reserves the right to otherwise collect payment from you and pursue any avenues available to PondDay in this regard, in situations in which you have been determined, in PondDay’s sole discretion, to have damaged any Pond or any personal or other property located at a Pond.
- Member Cooperation: Members agree to cooperate with and assist PondDay in good faith, and to provide PondDay with reasonably requested information, as well as to take such actions as may be reasonably requested by PondDay, in connection with any Damage Claims or other complaints or claims made by Members relating to Ponds or any personal or other property located at a Pond or with respect to any investigation undertaken by PondDay or a representative of PondDay regarding use or abuse of the Platform. You as a Guest, upon PondDay’s reasonable request and to the extent you are reasonably able to do so, agree to participate in mediation or a similar resolution process with a Hosts, at no cost to you, which process will be conducted by PondDay or a third party selected by PondDay or its insurer, with respect to losses for which the Host is requesting payment from PondDay under these terms.
- Overstaying or Usage without Consent
- Pond Availability: You as a Host agree to make the Pond available for the duration agreed upon either (i) at the time of Booking, or (ii) such other time as mutually agreed upon by you and the Guest (“Allowed Duration”). If you fail to do so, you shall be subject to a charge of at least $50 for every half hour increment for which the Pond is unavailable to the Guest for the duration of the Booking, to be deducted from amounts owed to you by PondDay for the Booking. PondDay reserves the right to take whatever action necessary to address these kinds of actions on its Platform.
- Overstaying as a Guest: You as a Guest agree that your confirmed Booking grants you a limited license to enter and use the Pond for the Allowed Duration. If you exceed the Allowed Duration without the Host’s prior consent, you agree that the Host or PondDay may charge you a rate of at least $100 for every half hour increment exceeding the Allowed Duration, and Host may set other fees for overstaying by a Guest in their Listing. This amount shall be to compensate the Hosts for any inconvenience or adverse impact upon the Host related to a scheduled Booking. PondDay is authorized to collect fees pursuant to this Section from the Guest’s Payment Method(s).
- Unauthorized Access of Pond: You as a Guest agree that you are responsible for all your Invitees and any individuals you otherwise provide access to the Pond, and as such, if you invite or provide access to more persons than agreed upon between you and the Host, or otherwise permitted by the Host, you will be subject to a $25 fee per person per hour in excess of the agreed upon number of persons.
- Cancellations and Refunds
- Host Cancellations: If a Member Host cancels a confirmed Booking made via the Platform, PondDay will refund the Total Fees for such Booking to the applicable Guest and such Host may be subject to a cancellation fee. Each Host on the Platform sets the cancellation policy for their Pond. For cancellations made 72 hours prior to the Booking date, Hosts will not be charged a cancellation fee unless such cancellation causes PondDay unexpected fees (cost of unexpected fees will apply to cancellation at any time). For cancellations made within 24 through 72 hours prior to the Booking date, Hosts will be charged a cancellation fee equal to 50% of the Total Fees. For cancellations made within 24 hours of the confirmed Booking date, Hosts will be charged a cancellation fee equal to the Total Fees. Other consequences may apply to Hosts or a Host’s Listing, including but not limited to (i) publishing an automated review on your Listing indicating that a Booking was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled Booking, or (iii) increasing the Hosts Fee payable to PondDay for future Listings.
- Guest Cancellations: If, as a Guest, you wish to cancel a confirmed Booking made via the Platform, you may do so on the Platform. Guest’s cancellation effects will be based upon the cancellation policy set forth by the Host in the subject Listing.
- Cancellations Generally: In certain circumstances, PondDay may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed Booking made via the Platform. This may be for reasons set forth on the Website or for any other reason as deemed fit in PondDay’s discretion. PondDay may also determine, in its sole discretion, to forgo a cancellation fee from the Hosts or refund to the Guest part or all of the amounts charged to the Guest. You agree that PondDay does not and shall not have any liability for such cancellations or refunds. You must submit all cancellations through the PondDay Platform. Your cancellation of a Listing is not effective unless and until you have requested the cancellation through your PondDay account. Notwithstanding the foregoing, you understand, acknowledge and agree that any and all Fees (as defined herein) are 100% non-refundable. You may only cancel one Booking in any three (3) month period. If you cancel any Booking, your calendar will stay blocked for the cancelled Booking and you will not be able to accept another reservation for the same date of the canceled reservation.
- Other Host Cancellations: In certain circumstances, such as inclement weather, PondDay may decide, in its sole discretion, that it is necessary or desirable to postpone a confirmed Booking made via the Platform. In such an event, PondDay will allow the Host to accommodate the Booking at a different date, within one week’s time from the initial Booking date. PondDay will allow the Host to cancel the reservation due to such inclement weather, and the Booking price, minus the 10% service fee per Booking.
PONDDAY RESERVES THE RIGHT, AT ANY TIME AND WITHOUT PRIOR NOTICE, TO REMOVE OR DISABLE ACCESS TO ANY LISTING FOR ANY REASON, INCLUDING LISTINGS THAT PONDDAY, IN ITS SOLE DISCRETION, CONSIDERS TO BE OBJECTIONABLE FOR ANY REASON, IN VIOLATION OF THESE TERMS OR PONDDAY’S THEN-CURRENT POLICIES, OR OTHERWISE HARMFUL TO THE WEBSITE, APPLICATION OR SERVICES.
- User Conduct
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Platform and Collective Content, and you agree that you may not and will not (as applied to primary headers 15.1, 15.2):
- Violate the Law or Policies: Violate any local, state, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations. Member agrees not to violate these Terms or PondDay’s then-current Policies and Community Guidelines or Standards, if any exist.
- Discriminate: PondDay will not tolerate any discriminatory actions by Members against other Members or Member’s Guests (b. PondDay complies with all anti-discrimination laws. PondDay explicitly prohibits discriminatory behavior.
- Discrimination is any negative action or attitude directed toward someone because of protected characteristics, like race and gender. Other protected characteristics are:
- Disability/Medical History
- Marriage/Civil Partnership
- Sexual orientation
- Any discrimination against a Member can result in adverse consequences to the discriminating Member, up to and including expulsion from the Website, and potentially even civil or criminal penalties.
- What to do in cases of discrimination. If you are the victim of discriminatory behavior (or if you suspect that others are being discriminated against,) please contact PondDay as soon as possible.
- How PondDay addresses discrimination complaints. PondDay is proactive and responsive about determining whether discrimination occurs. PondDay will investigate all claims discreetly and will never disclose the identity of the parties involved except as required by law.
- We should all strive to prevent and address discrimination. Be aware of your implicit biases and speak up whenever you or your fellow Members are discriminated against. If you have any ideas on how we can ensure fairness and equality in the PondDay space, PondDay is happy to hear them.
- Page Scrape or Cause Website Damage: Use manual or automated software, scripts or systematic retrieval, or devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Platform or Collective Content or any other form of gleaning information to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like; Member will not:
- interfere with or damage the Platform, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- access, tamper with, or use non-public areas of the Platform, PondDay’s computer systems, or the technical delivery systems of PondDay’s providers;
- attempt to probe, scan, or test the vulnerability of any PondDay system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by PondDay or any of PondDay’s providers or any other third party (including another user) to protect the Platform or Collective Content or attempt to decipher, decompile, disassemble or reverse engineer any of the software used for the Platform or collective content;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Platform or Collective Content to send altered, deceptive or false source-identifying information;
- Use for Restricted Commercial Purposes: Use the Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies PondDay endorsement, partnership or otherwise misleads others as to your claimed affiliation with PondDay;
- Use Platform Content: Use, display, mirror or frame the Platform or Collective Content, or any individual element within the Platform or Collective Content;
- No Use for Competing Business: Access the Website for the purpose of a competing platform or business as a Hosts, submit any Listing with false or misleading information, including price information, or submit any Listing with a price that you do not intend to honor;
- Cannot Circumvent PondDay: Attempt to bypass PondDay to rent or book any Pond outside the PondDay Platform. Members discovered violating this rule will owe PondDay the full cost they would have incurred on the Website, plus fees incurred by PondDay. Additionally, Members cannot use the Platform or Collective Content to find a Hosts or Guest and then complete a Booking of a Pond independent of the Platform;
- Reputational Harm: Purport to say or take any actions with regard to PondDay that has the potential to harm, damage or tarnish its reputation in any way;
- Falsify Reviews: You agree to only publish reviews in accordance with your views and you agree to never withhold or tarnish or improve a review for any gain or use relating to extortion;
- Violate Payment Practices: You may not accept or make a payment for Pond Fees outside PondDay. If you do so, you acknowledge and agree that, you: (i) will be in breach of these Terms, (ii) accept all risks and responsibility for such payment, and (iii) hold PondDay harmless from any liability for such payment.
- Violate Intellectual Property Restrictions: You agree that, without PondDay’s written consent, you will not dilute, tarnish or otherwise harm the PondDay brand in any way, including through unauthorized use of Collective Content, registering and/or using PondDay or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks, logos or other source identifiers that closely imitate or are confusingly similar to PondDay domains, trademarks, taglines, promotional campaigns or Collective Content, other proprietary information or infringe the rights of PondDay or the any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right, copy, store or otherwise access or use any information contained on the Platform or Collective Content for purposes not expressly permitted by these Terms;
- Content Restrictions: Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- Inappropriate Interactions with Third-Parties: You may not use the Platform to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- No Spam: Use the Platform or Collective Content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
- Make Direct Contact with Member not for PondDay Finalized Booking: You shall not contact another Member for any purpose other than asking a question related to a Booking, Pond, Listing, or the Member’s use of the Platform, or recruit or otherwise solicit any Member to join third-party services, applications or websites, without PondDay’s prior written approval;
- Harassment: Member agrees not to “Stalk” or harass any other user of the Platform or Collective Content, on the Platform or on any other social media website, or collect or store any personally identifiable information about any other user other than for purposes of transacting as a PondDay Guest or Host, or engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of PondDay’s Platform;
- Offer Another’s or Restricted Property: Offer, as a Host, any Pond that you do not yourself have rights to, offer (without limiting the foregoing, you may not list Ponds as a Host if you are serving in the capacity of an agent for a third party); offer, as a Host, any Pond that may not be Booked pursuant to an agreement with a third party;
- Register for Multiple Accounts: Members shall not register for more than one PondDay Account or register for a PondDay Account on behalf of another individual;
- Book for Another: Unless PondDay explicitly permits otherwise, you shall not request or book a stay at any Pond if you will not actually be staying at the Pond yourself; you agree not to impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity; nor will you advocate, encourage, or assist any third party in doing any of the foregoing. Further, if you bring additional Invitees with you to a PondDay stay, it is your duty to ensure they follow all Host rules with respect to that booked Listing.
- Note on Reporting Misconduct: If you feel that any Member is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to PondDay by contacting PondDay with your police station and report number; provided that your report will not obligate PondDay to take any action beyond that required by law (if any) or cause PondDay to incur any liability to you.
- Term, Suspension and Termination
- PondDay Response to Violations: PondDay has the right to investigate and prosecute violations of these Terms or the law to the fullest extent of the law. In addition, and as set forth in these Terms, PondDay may take a range of actions against you, including but not limited to removing or disabling access to any or all of your Member Content or deactivating or canceling your Listing(s) or PondDay Account, for a violation of the Terms. While PondDay conducts its due diligence to review all content that would potentially be nefarious or egregious, PondDay takes no responsibility for content that evades the vetting process. PondDay may refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content, or cancel any pending or confirmed Bookings. PondDay may terminate without notice if (i) you breach these Terms or other Policies referenced herein or on the Website, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the PondDay Account registration, or Listing process or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) PondDay believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, PondDay or third parties, for fraud prevention, risk assessment, security or investigation purposes.
- Termination for Cause: PondDay may deactivate or delay Listings, reviews, or other Member Content, cancel any pending or confirmed Bookings, limit your use of or access to your PondDay Account and the Platform, temporarily or permanently revoke any special status associated with your PondDay Account, or temporarily or permanently suspend your PondDay Account if you have breached these Terms or policies, including material and non-material breaches, and if you receive one or more poor ratings from Hosts or Guests (with the definition of “poor” to be at PondDay’s sole and absolute discretion).
- Hosts Termination: If PondDay takes any of the measures described herein relating to a Host, it may (i) communicate to your Guest or Host that a pending or confirmed Booking has been cancelled, (ii) refund your Guest in full for any and all confirmed Bookings, irrespective of applicable cancellation policies, (iii) support your Guest, on an exceptional basis, in finding potential alternative Ponds, and (iv) you will not be entitled to any compensation for confirmed Bookings that were cancelled.
- No Right to Account Restoration: When this Agreement has been terminated, you are not entitled to a restoration of your PondDay Account or any of your Member Content. If your access to or use of the PondDay Platform has been limited, or your PondDay Account has been suspended, or this Agreement has been terminated by PondDay, you may not register a new PondDay Account or access and use the PondDay Platform through a PondDay Account of another Member.
- PondDay Rationale for Data Access: PondDay may access, preserve and disclose any of your information if required to do so by law, or if it believes in good faith that it is reasonably necessary to (i) respond to claims asserted against PondDay or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer PondDay’s agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of PondDay, its users, or members of the public. PondDay reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that PondDay, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform. (v) you have repeatedly received poor Ratings or Reviews or PondDay otherwise becomes aware of or has received complaints about your performance or conduct, or (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason.
- User Volitional Termination: You may terminate your PondDay Account by canceling it on the Website or by sending PondDay an email in which you request that PondDay terminate your PondDay Account. If you cancel your PondDay Account as a Host, any confirmed Bookings will be automatically cancelled, and your Guests will receive a full refund of the Pond Fee. No refunds of Service Fees will be provided. If you cancel your PondDay Account as a Guest, any confirmed Booking will be automatically cancelled, and you will be issued a refund in accordance with the cancellation policy referenced herein.
- Ban on Issue of New Account after Suspension: If your access to or use of the Platform has been limited or your PondDay Account has been suspended or terminated, you may not register a new PondDay Account or attempt to access and use the Platform through a new PondDay account or other PondDay Accounts.
- Tax regulations may require PondDay to collect appropriate tax data from Hosts, or to withhold taxes from payouts to Hosts, or both. You as a Host are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as a Host fail to provide PondDay with documentation that PondDay determines to be sufficient to alleviate PondDay’s obligation (if any) to withhold taxes from payments to you, PondDay reserves the right in its sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both.
- You as a Host understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included and including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. PondDay cannot and does not offer Tax-related advice to any Members.
- You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority”) where your Pond is located may require Taxes to be collected from Guests or Hosts on the amount paid for the right to use and/or occupancy of Ponds, and to be remitted to the respective Tax Authority. PonDay reserves the right to collect taxes that would be warranted by any governmental authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Pond Fees set by Hosts, a set amount per day, or other variations, and are sometimes called “occupancy taxes,” “hotel taxes,” “lodging taxes,” “transient taxes,” “sales and use taxes,” “value added taxes,” “room taxes” or “tourist taxes” (hereafter, “Occupancy Taxes”).
- Digital Millennium Copyright Act (DMCA)
PondDay respects the intellectual property rights of others and intends and attempts to comply with all relevant laws. PondDay will review all claims of copyright infringement received and remove from the Platform any content deemed to have been posted or distributed in violation of any such claims or laws. Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows: info@PondDay.com. If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the infringed work and the specific location on the Website where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is complete and accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
- Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the dispute between Pondday and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST PONDDAY ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. You may opt-out of this class action and jury waiver described herein by emailing us at info@PondDay.com within 30 days of your first use of the Platform or Services. You must include your name, phone number, physical address, and email address in your opt-out notice. This is your only mechanism for opting out of this Section and failure to do so as described herein constitutes your knowing consent to this waiver. If you choose to opt out of this Section, please note that all other provisions in these Terms will remain intact and in full force and effect.
- Equitable Relief
You acknowledge and agree that in the event of a breach or threatened violation by you of PondDay’s intellectual property rights and confidential and proprietary information, PondDay will suffer irreparable injury and harm and will therefore be entitled to injunctive relief to enforce this Agreement. PondDay may, without waiving any other remedies under this Agreement, seek from any Court having jurisdiction, any interim, equitable, provisional, or injunctive relief that is necessary to protect PondDay’s rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of Missouri for purposes of any such action by PondDay.
- Communications Decency Act Notice
PondDay may be a provider of “interactive computer services” as defined under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation, libel, product disparagement, and other claims arising out of any Collective Content is limited as described therein. We are not responsible for any Collective Content. We neither warrant the accuracy of the Collective Content nor exercise any editorial control over Collective Content, nor do we assume any legal obligation for editorial control of Collective Content or liability in connection with Collective Content, including any responsibility or liability for investigating or verifying the accuracy of any Collective Content.
- Assumption of Risk and Waiver
You as a Member Guest agree that you are aware of and assume all risks for yourself as well as any other Guest or Invitees attending your Booking. Neither PondDay nor the Host is responsible for any accidents caused or incurred by you as a Guest or any of your Guests or Invitees, related to the Booking, your use or presence on the booked Pond, or the property on which the Pond is situated, or otherwise. You hereby release, waive, discharge, and disclaim any and all claims related thereto and covenant not to sue PondDay or the Host for any injuries arising from or related to use of the Pond or the Host’s property. You agree that Ponds and the Host’s property, and their use or your presence therein or thereon, carries inherent risk, and by participating in any actions or services related thereto, you knowingly and voluntarily choose to assume those risks. For example, some Listings may carry risk of illness, bodily injury, disability, or death, and you knowingly, freely and willfully assume those risks by choosing to participate or appear in or around any Ponds identified in any Listing. You assume full responsibility for the choices you make before, during and after your participation in a PondDay stay. If you are bringing a minor as an additional Guest or Invitee, you are solely responsible for the supervision of any such minor(s) throughout the duration of your stay at the Pond and to the maximum extent permitted by law, you agree to release, waive, disclaim and hold harmless PondDay from all liability and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the stay, or in any way related to the Pond you choose.
- Indemnification and Limitation of Liability
You agree to forever release, defend, discharge, indemnify, and hold PondDay and its affiliates and subsidiaries, and their members, managers, officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorney’s fees, legal, litigation and/or accounting fees, arising out of or in any way connected with (a) your access to or use of the Platform or Collective Content, or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) Booking of a Pond, or (iii) creation of a Listing; and (d) the use, condition or Booking of a Pond 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 Booking or use of a Pond. You hereby waive any potential liability for delays in payment on account of force majeure or events outside of PondDay’s control. PondDay is not responsible or liable for nonperformance caused by telecommunications failures, nonperformance of vendors, fires or other acts of nature, strife or acts of political discord, or other events outside its reasonable control (each a “Force Majeure”).
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ASSUME THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PLATFORM. IF YOU PERMIT OR AUTHORIZE ANOTHER PERSON TO USE YOUR PONDDAY ACCOUNT IN ANY WAY, YOU ARE RESPONSIBLE FOR THE ACTIONS TAKEN BY THAT PERSON. NEITHER PONDDAY NOR ANY THIRD PARTY INVOLVED IN PROVIDING PAYMENT SERVICES WILL BE LIABLE FOR ANY ACTUAL, COMPENSATORY, 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, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PONDDAY 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. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO, IN THOSE STATES OR JURISDICTIONS, THE HEREIN LIMITATION SHALL BE TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
PondDay is not a party to the Host’s process for deciphering, determining or deciding upon an acceptable Booking and is not involved in the scope of any such resulting agreement with a Guest or the lack thereof. PondDay may in its sole discretion increase or decrease the time period within which the Hosts must confirm or reject such Booking. Any such modification will be posted to these Terms within 30 business days of the decision to change the standard for fees.
PONDDAY DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, DOCUMENT OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE MATERIAL IN THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. PONDDAY CANNOT ENSURE THAT ANY FILES, DOCUMENTS OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. PONDDAY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
PONDDAY DOES NOT HAVE AN OBGLIATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER SEARCHES, BUT MAY DO SO TO THE EXTENT PERMITTED BY APPLICABLE LAWS. EVEN IF PONDDAY CHOOSES TO DO SO, IT DISCLAIMS WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A USER OR GUARANTEE THAT A USER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.
PONDDAY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO ANY MEMBER’S CONDUCT ON THE PLATFORM OR OTHERWISE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, GUESTS AND POND OWNERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY PONDDAY. PONDDAY EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.
PONDDAY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO ANY POND OR LISTING. GUESTS ARE SOLELY RESPONSIBLE FOR INQUIRING OR PERFORMING ANY DUE DILIGENCE NECESSARY TO EVALUATE A POND. PONDDAY DOES NOT ENDORSE ANY MEMBER, LISTING, OR POND.
The foregoing disclaimers apply in the broadest sense and to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
PondDay does not appoint you or any other user as its employee, mandatory, legal agent, or form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of PondDay.
- Governing Law and Jurisdiction
Any dispute, claim, or controversy relating to, and the use of, the Platform and/or relating to the Terms, and the materials contained herein (“Claims”) is and shall be governed by the laws of the State of Missouri without regard to conflict of law rules. All Claims, including the determination of the scope or applicability of this paragraph, shall be determined by arbitration in Missouri by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Subject to the foregoing terms in this paragraph, you consent to the exclusive jurisdiction of the federal and state courts located in Jackson County, State of Missouri.
The Website is based in North America. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of North America. If you access or use the Website, the Content, or the Services from outside of North America, you do so at your own risk. Whether inside or outside of North America, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
- Contact Information