Terms of Service
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 SWIMPLY. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity. If you do not agree to these Terms, you may not access or use Swimply’s Services.
HOSTS ARE RESPONSIBLE FOR IDENTIFYING, UNDERSTANDING, AND COMPLYING WITH ALL LAWS, RULES, AND REGULATIONS THAT APPLY TO THEIR LISTINGS. SOME CITIES MAY RESTRICT HOSTS FROM RENTING FOR SHORT PERIODS OF TIME. HOSTS MAY BE REQUIRED TO REGISTER OR OBTAIN A PERMIT OR LICENSE BEFORE LISTING A PROPERTY OR ACCEPTING GUESTS. LOCAL LAWS AND ENFORCEMENT VARY FROM CITY TO CITY; PENALITIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. If you have questions about the applicability of local laws to your listing or accommodation, you should seek legal guidance.
These Terms govern your access or use of the Site, Application or Services, including but not limited to payment procedures, Collective Content, and the Ambassador Program. The Site, Application, and Services comprise an online platform through which Hosts may create Listings for Accommodations and Guests may learn about and book Accommodations directly with Hosts. SWIMPLY IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS, NOR IS SWIMPLY A REAL ESTATE BROKER, AGENT OR INSURER, SWIMPLY HAS NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE SITE, APPLICATION OR SERVICES OR ANY ACCOMMODATIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Members must be at least 18 years old to be eligible to register for an account, post a Listing, or use the Site, Application or Services. By accessing the Site, Application or Services, you represent that you are at least 18 years old.
You as a Member agree and authorize Swimply to use your personal information to obtain reports from third parties. To the extent permitted by applicable laws, Swimply may use your personal information to obtain reports from public records of criminal convictions or sex offenders. Swimply may, directly or indirectly through third parties, make inquiries to verify your identity to prevent fraud.
In order to access certain features of the Site and Application and to book an Accommodation or create a Listing, you must register for an Account and become a Member. You may register directly via the Site, Application, or in any other manner described by Swimply now or in the future.
You will be required to submit personal information such as full name, date of birth, address, and other information to create an Account with Swimply. You may not create or use more than one Account concurrently. You agree that the information you provide us with is accurate, current, and complete at all times. Swimply reserves the right to suspend or terminate your Account and your access to the Site, Application or Services if you create more than one Account, or if any information provided proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party. Unless expressly authorized, you are not permitted to share your Account. You agree that you will take sole responsibility for any activities or actions taken under your Account, whether you authorized such activities or actions. You will immediately notify Swimply of any unauthorized use of your Account.
As a Member, you may create Listings for the Accommodation in accordance with the Terms. Listings must include a valid physical address to be featured on the Site. Listings will be made publicly available via the Site, Application or Services. The placement and/or ranking of Listings in search results may depend on a variety of factors, including, but not limited to, Guest and Host preferences, ratings and/or ease of Booking.
SWIMPLY RESERVES THE RIGHT TO IMPOSE ANY AND ALL REQUIREMENTS IT DEEMS FIT WITH REGARDS TO SUCH LISTINGS INCLUDING, BUT NOT LIMITED TO, MINIMUM OR MAXIMUM DURATIONS, MINIMUM TIMES BETWEEN LISTINGS, AND MINIMUM PRICING.
Other Members will be able to book your Accommodation via the Site, Application or Services based upon the information provided in your Listing, your requirements, and Guests’ search parameters and preferences. You understand and agree that once a Guest requests a Booking of your Accommodation, you may not request the Guest to pay a higher price than in the Booking request.
You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you represent and warrant that any Listing or Member Content you post, including but not limited to photographs, will be an accurate description of the Accommodation. You represent and warrant that any Listing you post and the Booking of, or a Guest’s stay at, an Accommodation in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as a homeowners association, condominium association, or other third party agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws), tax requirements, intellectual property laws, and rules and regulations that may apply to any Accommodation included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that Swimply assumes no responsibility for a Host’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Swimply reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Swimply, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Swimply’s then-current Policies, or otherwise harmful to the Site, Application or Services.
Swimply recommends that Hosts obtain appropriate insurance for their Accommodations. Please review any insurance policy that you may have for your Accommodation carefully, and in particular, please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether your insurance policy will cover the actions or inactions of or relating to Guests (and the individuals the Guest invites to the Accommodation, if applicable) while at your Accommodation.
As a Host, you understand and agree that Swimply does not act as an insurer. If a Guest requests a Booking of your Accommodation and stays at your Accommodation, any agreement you enter into with such Guest is between you and the Guest, and Swimply is not a party to it.
You authorize Swimply to store your Payment Method information and charge your Payment Method as outlined in these Payments Terms. If your Payment Method’s account information changes (e.g. account number, routing number, expiration date), Swimply may acquire that information from Swimply’s financial services partner or your bank and update your Payment Method on file in your Swimply Account.
Whatever Payment Method you use may be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review such terms and conditions before using your Payment Method.
Swimply reserves the right to setoff any amounts owed to you by Swimply with any amounts you may owe Swimply. For example, if you as a Host are owed an Accommodation Fee from Swimply, and concurrently owe Swimply an overage fee, Swimply may setoff the amounts against each other. Similarly, if you as a Guest have booked an Accommodation and are entitled to a refund for a separate cancelled Booking, Swimply may setoff the amounts against each other. Both Swimply and you as either a Guest or Host, will be relieved of your obligation with respect to setoff amounts following such a setoff.
Swimply, in its sole discretion, may increase or discount a Host’s Listing price or a Guest’s Booking cost in any matter it deems appropriate, including but not limited to providing promotional codes to Guests.
Bookings and Financial Terms for Hosts
If you are a Host, and a Booking is requested for your Accommodation via the Site, Application or Services, you will be required to either confirm or reject the Booking request within the Booking Request Period, otherwise the Booking request will automatically expire.
If you as a Host, fail to, confirm or reject before the Booking request expires, any amount Swimply has collected for the Booking will be refunded to the Guest.
When you confirm a Booking requested by a Guest, Swimply will send you a Communication confirming such Booking, depending on the selections you make via the Site, Application or Services.
Swimply will initiate payment of Accommodation Fee 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 Swimply’s control.
Bookings and Financial Terms for Guests
Hosts, not Swimply, are solely responsible for honoring any confirmed Bookings and making available any Accommodations reserved through the Site, Application or Services. If you, as a Guest, choose to enter into a transaction with a Host for the Booking of an Accommodation, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Accommodation imposed by the Host.
You acknowledge and agree that you, and not Swimply, will be responsible for performing the obligations of any such agreements, that Swimply is not a party to such agreements, and that, with the exception of Swimply’s obligations pursuant to these Terms, Swimply disclaims all liability arising from or related to any such agreements.
You as a Guest agree that Swimply may charge your Payment Method the Total Fees for any Booking requested in connection with your Swimply Account. In order to establish a Booking pending the applicable Host’s confirmation of your requested Booking, you understand and agree that Swimply, 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.
Depending on your chosen Payment Method, Swimply will either collect the Total Fees (i) at the time of the Booking request or (ii) upon the Host’s confirmation. As a general rule, Swimply will collect the Total Fees due once Swimply receives confirmation of your Booking from the applicable Host. However, if you pay with a push Payment Method, Swimply will collect Total Fees at the time of your Booking request. If Swimply is unable to collect Total Fees in the ordinary course, it may elect to collect Total Fees at a later point in time. Once the payment transaction for your requested Booking is successfully completed you will receive a confirmation email summarizing your confirmed Booking.
In connection with your requested Booking, you will be asked to provide customary billing information such as name, billing address and Payment Method information either to Swimply or a third-party payment processor(s). You agree to pay Swimply for any confirmed Bookings made in connection with your Swimply Account in accordance with these Payments Terms by one of the methods supported by the Site or Application (e.g. by PayPal, credit card or debit card). You hereby authorize the collection of such amounts by charging the Payment Method provided as part of requesting the Booking, either directly by Swimply or indirectly, via a third-party online payment processor or by one of the payment methods described on the Site or Application. You also authorize Swimply to charge any Payment Method on file in your Swimply Account in the event of damage caused at an Accommodation as contemplated under Section 9.
If Swimply is unable to collect any amounts you owe for a confirmed Booking or a Damage Claim, Swimply may engage in collection efforts to recover such amounts from you.
Service Fees or charges may include collection fees, convenience fees or other third-party charges. Where applicable, Swimply may also charge Taxes in respect of the Host Fees and Guest Fees. Swimply deducts the Host Fees from the Accommodation Fees before remitting the balance to the Host.
Balances will be remitted by Swimply to Hosts via the Payout Method selected by the Host in the Host’s currency of choice, depending upon the selections the Host makes via the Site, Application and Services. Swimply 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).
You as a Guest are responsible for leaving the Accommodation (including any personal or other property located at an Accommodation) in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation. In the event that a Host claims and provides evidence of damage to its Accommodation (“Damage Claim”), including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items. Such cost may be collected from the Payment Method used to book the Accommodation, or any other Payment Method on file at the time of the Damage Claim. Swimply reserves the right to collect payment from you and pursue any avenues available if it is unable to collect from the Payment Method.
Hosts may include in the Listing a requirement that Guest pay a security deposit (“Security Deposit”) when Booking an Accommodation. Swimply will hold such Security Deposit for three (3) business days following the confirmed Booking, and if within such time, Host has not made a Damage Claim, Swimply will return such Security Deposit to the Guest. Swimply disclaims all responsibility with respect to holding the Security Deposit and administering or accepting Damage Claims by Hosts as well as any and all liability in this regard.
If a Host has a Damage Claim for a confirmed Booking, the Host may seek payment from the Guest through Swimply. The Host may escalate the Damage Claim to Swimply if the Host and Guest are unable to resolve a Damage Claim. If escalating the Damage Claim to Swimply, the Host must send evidence of the damage, including but not limited to photographs to Swimply. If a Host escalates a Damage Claim to Swimply, you as a Guest will be notified of the Damage Claim and given an opportunity to respond. If you as a Guest agree to pay the Host in connection with a Damage Claim, or if Swimply determines, in its sole discretion, that you are responsible for damaging an Accommodation or any personal or other property located at an Accommodation, Swimply will collect any such costs from you and/or against the Security Deposit from the Payment Method in accordance with the Payments Terms. Swimply also reserves the right to otherwise collect payment from you and pursue any avenues available to Swimply in this regard in situations in which you have been determined, in Swimply’s sole discretion, to have damaged any Accommodation or any personal or other property located at an Accommodation.
Members agree to cooperate with and assist Swimply in good faith and to provide Swimply with such information as well as to take such actions as may be reasonably requested by Swimply, in connection with any Damage Claims or other complaints or claims made by Members relating to Accommodations or any personal or other property located at an Accommodation or with respect to any investigation undertaken by Swimply or a representative of Swimply regarding use or abuse of the Site, Application or Services. You as a Guest, upon Swimply’s reasonable request and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Host, at no cost to you, which process will be conducted by Swimply or a third party selected by Swimply or its insurer, with respect to losses for which the Host is requesting payment from Swimply under these terms.
If you are a Guest, you understand and agree that Swimply 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 been responsible for or to an Accommodation or any personal or other property located at an Accommodation. You agree to cooperate with and assist Swimply in good faith, and to provide Swimply with such information as may be reasonably requested by Swimply, 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 Swimply may reasonably request to assist Swimply in accomplishing the foregoing.
Security Deposits, if required by a Host, may be applied to any fees due from a Guest overstaying at a Listing without the Host’s consent.
Unavailability of the Accommodation
You as a Host agree to make the Accommodation 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, you shall be subject to a charge of $50 for every half hour increment for which the Accommodation is unavailable for the duration of the Booking, to be deducted from amounts owed to you by Swimply for the Booking.
Overstaying as a Guest
You as a Guest agree that your confirmed Booking grants you a limited license to enter and use the Accommodation for the Allowed Duration. If you exceed the Allowed Duration, without the Host’s consent, you agree that the Host or Swimply may charge you at a rate of $100 for every half hour increment exceeding the Allowed Duration. This amount shall be to compensate the Host for any inconvenience. Swimply is authorized to collect fees pursuant to this Section from the Guest’s Payment Methods.
Unauthorized Access of Accommodation
You as a Guest agree that you are responsible for any individuals whom you invite to, or otherwise provide access to, the Accommodation, 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.
Members explicitly agree that they will not attempt to bypass Swimply to rent or book any Accommodation outside of the Swimply platform. In the event that a Member violates this section, the Member agrees to pay Swimply a sum of $500 per Booking accomplished by circumventing Swimply plus any fees incurred by Swimply in collecting such fee.
Violation of this Section may result in suspension or termination of the violating Member’s Account.
Cancellations as a Host
If, as a Host, you cancel a confirmed Booking made via the Site, Services, and Application, Swimply will refund the Total Fees for such Booking to the applicable Guest.
If, as a Host, you cancel a confirmed Booking, you may be subject to a cancellation fee. For cancellations made 72 hours prior to the Booking date, you will not be charged a cancellation fee. For cancellations made within 24 through 72 hours prior to the Booking date, you will be charged a cancellation fee equal to 50% of the Total Fees. For cancellations made within 24 hours of the confirmed Booking date, you will be charged a cancellation fee equal to the Total Fees. Other consequences may apply to you or your Listing, including (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 Host Fee payable to Swimply for future Listings.
Cancellations as a Guest
If you as a Guest wish to cancel a confirmed Booking made via the Site, Application or Services, you may do so on the Site or Application. A full refund will be provided for cancellations made 72 hours prior to the Booking date. A 50% refund will be provided for cancellations made 24 through 72 hours prior to the Booking date. No refund will be provided for cancellations made within 24 hours of the confirmed Booking date. The Service Fee is non-refundable unless otherwise indicated in the cancellation policy selected by the Host.
In certain circumstances, Swimply may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed Booking made via the Site, Application or Services. This may be for reasons set forth on the Site or for any other reason. Swimply may also determine, in its sole discretion, to forgo a cancellation fee from the Host or refund to the Guest part or all of the amounts charged to the Guest. You agree that Swimply will not have any liability for such cancellations or refunds.
In the event of rain, the Guest is responsible for reporting the weather conditions to Swimply, and Swimply, in its sole discretion, will determine on a case-by-case basis whether a refund will be issued. If Swimply determines that the weather condition is one that should impede enjoyment of the Booking (i.e. heavy rain), the following terms shall apply: if the Booking is (i) less than 10 minutes underway, the Guest is entitled to a full refund, (ii) equal to or more than ten minutes underway, the Guest is entitled to a 50% refund less Service Fees, however, if a Booking is more than 50% underway, the Guest is not entitled to a refund.
You as a Guest or Host are responsible for any modifications to a Booking that you direct Swimply Customer Service to make, and you agree to pay any Accommodation Fees, Guest Fees, Hosts Fees, Services Fees, and/or Taxes associated with such Booking Modifications.
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 Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
Swimply has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, Swimply 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 Swimply Account, for a violation of the Terms.
Swimply may access, preserve and disclose any of your information if Swimply is 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 Swimply or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer Swimply’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 Swimply, its users, or members of the public. Swimply reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Swimply, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
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 Swimply by contacting Swimply with your police station and report number; provided that your report will not obligate Swimply to take any action beyond that required by law (if any) or cause Swimply to incur any liability to you.
Termination for Convenience
You may terminate your Swimply Account by canceling it on the Site or by sending Swimply an email in which you request that Swimply terminate your Swimply Account. If you cancel your Swimply Account as a Host, any confirmed Bookings will be automatically cancelled and your Guests will receive a full refund of the Accommodation Fee. No refunds of Service Fees will be provided. If you cancel your Swimply 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 in Section 12.
Termination for Cause
Swimply may immediately, without notice, terminate your Account, if (i) you have breached these Terms or other Policies referenced herein or on the Site, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Swimply Account registration, or Listing process or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) Swimply believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, Swimply or third parties, for fraud prevention, risk assessment, security or investigation purposes.
In addition, Swimply may deactivate or delay Listings, reviews, or other Member Content, cancel any pending or confirmed Bookings, limit your use of or access to your Swimply Account and the Site, Application or Services, temporarily or permanently revoke any special status associated with your Swimply Account, or temporarily or permanently suspend your Swimply 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 Swimply’s sole and absolute discretion).
If Swimply take any of the measures described in this Section with respect to a Host, it may (i) communicate to your Guests or Hosts that a pending or confirmed Booking has been cancelled, (ii) refund your Guests in full for any and all confirmed Bookings, irrespective of applicable cancellation policies, (iii) support your Guests, on an exceptional basis, in finding potential alternative Accommodations, and (iv) you will not be entitled to any compensation for confirmed Bookings that were cancelled.
If your access to or use of the Site, Application and Services has been limited or your Swimply Account has been suspended or this Agreement has been terminated by Swimply, you may not register a new Swimply Account or attempt to access and use the Site, Application and Services through other Swimply Accounts.
Tax regulations may require Swimply to collect appropriate tax information 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 Swimply with documentation that Swimply determines to be sufficient to alleviate Swimply’s obligation (if any) to withhold taxes from payments to you, Swimply 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 for 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. Swimply 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 Accommodation 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 Accommodations, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the Accommodation 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”).
The material provided on this Site, including the Content and all intellectual property pertaining to or contained on the Site (including but not limited to copyrights, patents, graphics, designs, text, logos, trade dress, trademarks and service marks) are owned by Swimply or third parties and all rights, title and interest therein shall remain the property of Swimply and/or such third parties. All content is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Site, or any portion of the Site for any public or commercial use without the express written consent of Swimply. Additionally, you agree that you will not (i) remove or alter any author, trademark or other proprietary notice or legend displayed on the Site (or printed pages produced from the Site); and (ii) make any other modifications to any documents obtained from the Site, except as permitted by Swimply. Logos, trademarks, images, etc. are the property of Swimply unless otherwise noted and may not be copied, used, linked, disseminated, etc. without Swimply’s prior written consent.
Swimply may suspend or terminate any Member’s Account infringing or believed to be infringing the rights or copyright holders.
You as a Guest agree that you are aware of and assume all risks for yourself as well as any other guests or invitees at the Accommodation, for your Booking. Neither Swimply nor the Host is responsible for any accidents caused by you as a Guest or any of your guests or invitees, related to swimming or otherwise. You hereby release, waive, discharge, and covenant not to sue Swimply or the Host for any injuries arising from or related to use of the Accommodation.
You agree to release, defend, indemnify, and hold Swimply 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 legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) Booking of an Accommodation, or (iii) creation of a Listing; and (d) the use, condition or Booking of an Accommodation 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 an Accommodation.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ASSUME THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES. IF YOU PERMIT OR AUTHORIZE ANOTHER PERSON TO USE YOUR SWIMPLY ACCOUNT IN ANY WAY, YOU ARE RESPONSIBLE FOR THE ACTIONS TAKEN BY THAT PERSON. NEITHER SWIMPLY NOR ANY THIRD PARTY INVOLVED IN PROVIDING PAYMENT SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, 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 SWIMPLY 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 DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO, IN THOSE STATES, THE HEREIN LIMITATION SHALL BE TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
SWIMPLY DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, DOCUMENT OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE MATERIAL IN THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. SWIMPLY CANNOT ENSURE THAT ANY FILES, DOCUMENTS OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SWIMPLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
SWIMPLY 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 SWIMPLY 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.
SWIMPLY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO ANY MEMBER’S CONDUCT ON THE SITE, APPLICATION OR OTHERWISE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY SWIMPLY. SWIMPLY EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.
SWIMPLY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO ANY ACCOMMODATION OR LISTING. GUESTS ARE SOLELY RESPONSIBLE FOR INQUIRING OR PERFORMING ANY DUE DILIGENCE NECESSARY TO EVALUATE AN ACCOMMODATION. SWIMPLY DOES NOT ENDORSE ANY MEMBER, LISTING, OR ACCOMMODATION.
Swimply, in its sole discretion, may utilize any Member Content posted for any purpose. By posting any Member Content, you grant Swimply 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 Site, Application or Services.
You represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application, Services or through Swimply promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to Swimply 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 Swimply’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application, the Services or Swimply’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.
In the event an Application becomes available, Swimply grants you a limited non-exclusive, non-transferable license to download and install the Application to your devices 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.
The Site, Application or Services may contain links to third-party websites or resources. You acknowledge and agree that Swimply 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 Swimply 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.
Swimply reserves the right, in its sole discretion, to modify the Terms, Site, Application or Services at any time and without prior notice. If Swimply materially changes or modifies these Terms, it will post the modification on the Site or via the Application and/or provide you notice of the modification by email. The date the Terms were “Last Updated” will be shown on the Site. 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 Site, Application or Services will constitute acceptance of the modified Terms.
You may not assign or transfer any rights or obligations without Swimply’s express written consent. Swimply may assign or transfer its rights or obligations without consent.
Swimply may give notice of any modifications to these Terms, the Site, Application or Services by (i) posting a general notice on its Site, and/or (ii) electronic mail to the registered email address. For email notices, the date of transmission is the deemed date of receipt.
Governing Law and Jurisdiction
Any dispute, claim, or controversy relating to, and the use of, the Site, Application or Services and/or relating to the Terms, and the materials contained herein (“Claims”) is governed by the laws of the state of New Jersey 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 New Jersey by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. You waive any right to seed or join “class” status. Subject to the foregoing terms in this paragraph, you consent to the exclusive jurisdiction of the federal and state courts located in Ocean County, New Jersey.
Swimply, 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.