AGREEMENT BETWEEN USER AND POOLSIDE, INC.
Welcome to the Dip Application, TheDipApp.com website and any other applications and websites owned and/or operated by Poolside, Inc. (collectively, “Dip”). Dip is provided to assist consumers in gathering information about and purchasing access to hotel pools and hotel amenities for day use, related goods and services such as food and beverage or otherwise transacting business with hotels and DIP, and for no other purposes.
The terms "we", "us", "our", “Dip” and "Poolside, Inc." refer to Poolside, Inc., a Delaware corporation, and its subsidiaries and corporate affiliates (collectively, "Poolside"). The term "you" refers to the consumer visiting Dip and/or purchasing access and services through us on Dip, or through our customer service agents.
USE OF DIP
As a condition of your use of Dip, you warrant that:
- You are at least 18 years of age;
- You possess the legal authority to create a binding legal obligation;
- You will only use Dip to make legitimate purchases for access or services for you or for another person(s) for whom you are legally authorized to act;
- All information supplied by you on Dip is true, accurate, current and complete; and
- You and anyone you purchased access or services for on Dip will comply at all times with all rules, regulations, restrictions, security and policies of the hotel that you access through Dip including date, time and physical location limitations such as accessing only the pool or only the spa;
- If you have an account on Dip, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you; and
- You agree to receive texts, emails or other information from the hotel, Dip or their suppliers while you are at a hotel property.
NONREFUNDABLE, NONCANCELLABLE RESERVATIONS
You understand that all purchases through Dip are nonrefundable and noncancellable.
You may not book reservations for more than 4 guests online for the same hotel/visit dates. If we determine that you have booked reservations for more than 4 guests in total in separate reservations, we may cancel your reservations, and charge you a cancellation fee, if applicable. If you wish to book reservations for 5 or more guests, you must contact Customer Service at firstname.lastname@example.org.
For quick answers to your questions or ways to contact us, send an email to email@example.com. Or, you can write to us at:
Attn: Customer Service
13515 Bayliss Road
Los Angeles, CA 90049
HOTEL RULES AND RESTRICTIONS
You agree to abide by the terms and conditions of the hotel with whom you purchase access or services, including, but not limited to, hotel’s rules, regulations, restrictions, security and policies regarding use of the pool, amenities and hotel property or services. We reserve the right to cancel your access if full payment is not received in a timely fashion.
Some hotels may require you present a valid government issued photo identification and/or a confirmation of your reservation from Poolside upon check in.
If you purchased access through Dip using your hotel membership points/awards, the hotel is solely responsible for the ownership and management of such points/awards systems. The hotel will set the amount of points/awards required and will deduct such points/awards accordingly for each transaction that you purchase through Dip. Dip is a conduit application between user and the hotel in relation to hotel points/awards programs and uses and is not responsible in any manner for the management of such hotel points/awards systems.
You acknowledge that some hotels may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable services, in your forfeiting any monies paid for such access, and/or in our debiting your account for any costs we incur as a result of such violation.
You acknowledge that some hotels may offer you discount codes and/or coupons through Dip for use at the hotel. You are solely responsible for providing the hotel the applicable discount code or coupon in order to access the additional services being offered by the hotel. If you purchase an additional service from a hotel and do not show an applicable coupon or code at the time of purchase, then you are solely responsible for the payment in full for such service and you will not receive any refund, rebate, credit or otherwise from the hotel or Dip.
SOFTWARE AVAILABLE ON DIP AND SOFTWARE DISCLAIMERS
Please note that all Software, including, without limitation, all HTML code and Active X controls contained on Dip, is owned by Poolside and/or our respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
THE SOFTWARE IS PROVIDED AS-IS WITH ALL FAULTS AND IS NOT WARRANTED OR GUARANTEED IN ANY MANNER. THE USER BEARS ALL RISK OF USE AND NON-USE OF THE SOFTWARE. ALL WARRANTIES OF TITLE AND QUIET ENJOYMENT ARE DISCLAIMED.
Your mobile device or computer must be connected to the Internet for Dip to function correctly. You are responsible for making all arrangements necessary for your device to have internet connectivity and are responsible for all sums your service provider may charge you arising out of Dip transmitting and receiving data (including but not limited to data roaming charges). You also agree to receive texts, emails or other information from the hotel, Dip or their suppliers while you are at a hotel property including but not limited to offers from the hotel and its suppliers related to your visit on site at the hotel.
The information, Software and services published on Dip may include inaccuracies or errors, including pricing errors. In particular, Poolside does not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the hotel and other services displayed on Dip (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.). In addition, Poolside, Inc. expressly reserves the right to correct any pricing errors on Dip and/or pending access made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your pending reservation at the correct price or we will cancel your reservation without penalty.
Hotel ratings displayed on Dip are intended as only general guidelines, and Poolside and the affiliated, co-branded and/or linked website partners through whom we provide service (collectively, the "Poolside Affiliates”) do not guarantee the accuracy of the ratings. Poolside and Poolside Affiliates and their respective suppliers make no guarantees about the availability of specific products and services. Poolside and Poolside Affiliates and their respective suppliers may make improvements and/or changes on to Dip at any time.
Poolside and Poolside Affiliates and their respective suppliers make no representations about the suitability of the information, Software, products and services contained on Dip for any purpose, and the inclusion or offering of any products or services on Dip does not constitute any endorsement or recommendation of such products or services by Poolside or Poolside Affiliates. All such information, Software and services are provided “AS IS” without warranty of any kind. Poolside and Poolside Affiliates and their respective suppliers disclaim all warranties and conditions that Dip, its servers or any email sent from Poolside, Poolside Affiliates and/or their respective suppliers are free of viruses or other harmful components. Poolside and Poolside Affiliates and their respective suppliers hereby disclaim all warranties and conditions with regard to this information, Software and services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.
The hotels or other services on Dip are independent contractors and not agents or employees of Poolside or Poolside Affiliates. Poolside and Poolside Affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such hotels and suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. Poolside and Poolside Affiliates have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond its direct control, and we have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.
In no event shall Poolside and Poolside Affiliates and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of Dip or with the delay or inability to access, display or use Dip (including, but not limited to, your reliance upon opinions appearing on Dip; any computer viruses, information, software, linked sites, products and services obtaining through Dip; or otherwise arising out of the access to, display of or use of Dip) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if Poolside, Poolside Affiliates and/or their respective suppliers have been advised of the possibility of such damages.
If, despite the limitation above, Poolside, Poolside Affiliates or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of Poolside, Poolside Affiliates and/or their respective suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to Poolside, Inc. in connection with such transaction(s) on Dip, or (b) Fifty Dollars (US$50.00).
You agree to defend and indemnify Poolside, Poolside Affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- Your violation of any law or the rights of a third party;
- Your use of Dip; or
- Your use of hotel amenities and services purchased through Dip.
The content and information on Dip (including, but not limited to, price and) as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through Dip.
Additionally, you agree not to:
- Use Dip or its contents for any commercial purpose;
- Purchase any speculative, false, or fraudulent hotel access or services in anticipation of demand;
- Access, monitor or copy any content or information of Dip using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- Violate the restrictions in any robot exclusion headers on Dip or bypass or circumvent other measures employed to prevent or limit access to Dip;
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- Deep—link to any portion of Dip (including, without limitation, the purchase path for any services) for any purpose without our express written permission; or
- "Frame", "mirror" or otherwise incorporate any part of Dip into any other website without our prior written authorization.
If your access or account shows signs of fraud, abuse or suspicious activity, Poolside may cancel any service reservations associated with your name, email address or account, and close any associated Dip accounts. If you have conducted any fraudulent activity, Poolside reserves the right to take any necessary legal action and you may be liable for monetary losses to Poolside, including litigation costs and damages. To contest the cancellation of a reservation or freezing or closure of an account, please contact firstname.lastname@example.org.
LINKS TO THIRD-PARTY SITES
Dip may contain hyperlinks to websites operated by parties other than Poolside. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from Dip or other websites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
COPYRIGHT AND TRADEMARK NOTICES
All contents of Dip are ©2015 Poolside, Inc. All rights reserved. Dip Pools Made Possible, Dip, The Dip App, The Dip Life and all associated logos are either registered trademarks or trademarks of Poolside, Inc. in the U.S. and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. Poolside, Inc. is not responsible for content on websites operated by parties other than Poolside, Inc.
REVIEWS, COMMENTS, PHOTOS AND OTHER SUBMISSIONS
You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to Dip). You are prohibited from posting or transmitting to or from Dip: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to Dip. You acknowledge that Poolside may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you.
All photos submitted are subject to our Content Submission Guidelines below.
Poolside claims no ownership, affiliation with, or endorsement of any photos that are submitted by users through Dip.
Poolside’s policies with respect to claims by third parties that the content of Dip including the content of any Submissions, infringes the copyrights owned by said third party can be found in the Notice of Infringing Material section below.
CONTENT SUBMISSION GUIDELINES
Any content you submit must be:
- On topic—All photos must be relevant to pool, restaurant, location, or general service experiences.
- Community/family friendly—
› Do not submit any photos or materials that are illegal, obscene, pornographic, profane, vulgar, offensive or insulting.
› Do not submit photos or materials that invade the privacy or violate any personal right of any person or entity.
› Do not submit photos or information about children or any third parties without their consent (or their parent’s consent in the case of a child under 13 years of age).
› No one under 18 years of age may use Dip.
- Original—You may only submit your own photos. Do not submit photos from any other source (personal or commercial). Do not submit photos that infringe the copyright, trademark, or other property right of any third party.
- Non-commercial —Do not submit photos that include logos, branding, promotional material, or any other content intended for commercial purposes.
- No harmful files —Do not submit photos that contain viruses or other harmful code that is either intended or may result in damage to the computers and systems of Poolside and/or those using it.
NOTICE OF INFRINGING MATERIAL
If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages.
- A clear identification of the copyrighted work you claim was infringed.
- A clear identification of the material you claim is infringing on Dip, such as a link to the infringing material.
- Your address, email address and telephone number.
- A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."
- A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may send us your notice by email to email@example.com, or by using the contact information below.
If content you posted has been taken down, you may file a counter-notification by regular mail that sets forth the items specified below. Please include the following details:
- Identification of the specific content that was removed or disabled and the location that content appeared on Dip. Please provide the URL address if possible.
- Your name, mailing address, telephone number and email address.
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Poolside, Inc. may be found, and that you will accept service of process from the party who reported your content, or that party’s agent.
- The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the content identified above was removed or disabled as a result of a mistake or misidentification.”
Sign the paper.
Send the written communication to the following address:
Attn: DMCA Complaints
13515 Bayliss Road
Los Angeles, CA 90049
Dip reserves the right to terminate an account for any reason or no reason at any time.
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Poolside may terminate, in Poolside's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Poolside may also at its sole discretion limit access to Dip and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.
Poolside is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section.
Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, except as provided in this section. If your total Claims seek less than $10,000, we will reimburse you for filing fees you pay to the AAA and will pay arbitrator’s fees, unless the arbitrator determines your Claims are frivolous. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed location.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to “Poolside Legal: Arbitration Claim Manager,” at Poolside, Inc., 13515 Bayliss Road, Los Angeles, CA 90049. If we request arbitration against you, we will give you notice at the email address or street address you have provided. A party requesting arbitration must also provide a copy of the request to the AAA, at Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 or online at www.adr.org or at any AAA office.
Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to this agreement. An arbitration decision may be confirmed by any court with competent jurisdiction.
You agree that no joint venture, partnership, or employment relationship exists between you and Poolside as a result of this Agreement or use of Dip.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of Dip or information provided to or gathered by us with respect to such use.
If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Poolside, Inc. with respect to Dip, our services and your dealings and relationships with us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial, arbitration or any other administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data mentioned on Dip are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.