Terms of Service

Last updated: 19th October 2023

Definitions
Terms and Conditions
Account Registration
Protect Login Information
Proprietary Data and Communication
Third-Party Sites
Water Space Listings
Water Space Inspection Corporate Partnerships
Insurance
Booking and Financial Terms
Fees
Damages and Security Deposits
Overstaying or Usage without Consent
Cancellations and Refunds
User Conduct
Term, Suspension and Termination
Taxes
Digital Millennium Copyright Act (DMCA)
Class Action Waiver
Equitable Relief
Communications Decency Act Notice
Privacy
Assumption of Risk and Waiver
Indemnification and Limitation of Liability
Disclaimer
Governing Law and Jurisdiction
Contact Information

1. Definitions

“Account” refers to the account a unique and verified person registers to become a Member with Dipp, and in order to use the Dipp Site, Application or Services, either as a Host, Dipper or both.
“Allowed Duration” has the meaning set forth in Section 10.
“Application” refers to any and all web, mobile, and smart device applications, as well as application program interfaces (APIs) through which Dipp provides Host and/or Dipper services.
“Booking” or “Rental” or “Dipp” means a limited license granted by the Hosts to the Dippers or Dippers in order to use the Host Water Space for the limited duration of the confirmed Booking.
“Booking Request Period” refers to the time period after Dippers book a Water Space through the Site or Application, and before Hosts confirm or reject Booking.
“Collective Content” refers to both Member Content and Dipp Content, which can be located in the following areas: the Dipp Application, Dipp sales and marketing efforts and other affiliated applications through which Dipp may market or partner to enhance the experience and value of the Dipp platform.
“Communication” refers to any traditional or digital communication captured through the Dipp Application and among Dippers, Hosts, and Dipp, including but not limited to phone, email, text, chat, video chat and other mediums, and specifically related to the Dipp Application.
“Content” refers to any text / copy, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Dipper Fee” refers to the fee due to Dipp from Dippers or Dippers for use of the Dipp platform and is reflected in each individual booking as a % of the total dollar ($) value of the Dipp or Booking.
“Dipper” means a User or Dipper who books a Dipp Host Listing via the Dipp Platform and uses the Water Space in accordance with the Platform Terms and Conditions.
“Dipp Content” means all content that Dipp 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.
“Hosts” refers to any User who creates a Listing on the Dipp Platform to rent a Water Space.
“Host Fee” refers to the fee Dipp charges a Host for use of the Platform and Services and is calculated as a percentage of the Booking total.
“Host Fee” refers to the fee Dipp charges a Host for use of the Platform and Services and is calculated as a percentage of the Booking total.
“Host Fee” refers to the fee Dipp charges a Host for use of the Platform and Services and is calculated as a percentage of the Booking total.
“Host Fee” refers to the fee Dipp charges a Host for use of the Platform and Services and is calculated as a percentage of the Booking total.
“Member Content” refers to all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or Dipp promotional campaign to be made available through the Platform.
“Occupancy Tax” refers to the specific, local tax set forth by the State and is defined in Section 16.
“Payment Method” refers to any payment method associated with a Dipper Account, e.g. a credit card, debit card, PayPal, Stripe, etc., whose primary purpose is to enable complete and accurate Dipper payments to Hosts on the Dipp Platform.
“Payout Method” refers to any payout method that a Dipp Host adds to his or her respective Dipp Account to ensure confirmed / completed Bookings result in payment to Dipp Hosts through the Dipp platform, e.g., PayPal, direct deposit or electronic funds transfer, a prepaid card or a debit card (where available).
“Platform” refers to the Dipp Site, Application and Services.
“Water Space” refers to the Water Space and surrounding space (i.e. backyard) booked for a specified duration as specified by the Booking and as agreed upon by the Parties.
“Service Fees” refers collectively to the Dipper Fees and Host Fees, plus any third-party charges associated with collection of payment, e.g. credit card processing fee.
“Services” refers to the services Dipp makes available through its site for Hosts to list water spaces and for Dippers to book those water spaces.
“Site” refers to www.dippnow.com and any other website through which Dipp makes its Platform Services available.
“Site” refers to www.dippnow.com and any other website through which Dipp makes its Platform Services available.
“Tax” or “Taxes” refers to any sales, value added taxes (VAT), goods and services taxes (GST), transient occupancy, tourist or other visitor taxes, Water Space or lodging taxes, fees Hosts may be required by law to collect and remit to governmental agencies, other similar municipal, state, federal and national 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 the Terms listed herein.
“Total Fees” means collectively the Water Space Fees plus Service Fees (inclusive of Dippers and Hosts Fees) and Taxes.
“Water Space” refers to any privately-owned asset, e.g. Water Space, hot tub, pond, lake, steam room, sauna, or spa that can be shared on the Dipp platform and also includes water spaces owned or operated by hotels, hotel operators, municipalities and other public or community-based organizations.
“You” or “your” means you as a User or Dipper, unless otherwise specified. The Terms may apply to you as a Dipper and User or Dipper and Host, concurrently.
“www.dippnow.com”, and/or “Dipp” refers to Dipp, LLC, and its proprietary, online Platform that connects Water Space, hot tub and other water space owners, (“Hosts”), with potential Dippers (“Dippers” or “Dippers”), collectively known as “Bookings”.

2. Terms and Conditions

Dipp is an online marketplace that enables:
1. Hosts to list their Water Spaces, Hot Tubs and other Water Spaces for Booking, and to communicate directly with potential Guests or Dippers who wish to use those Water Spaces
2. Guests or Dippers to pay for and use the available Platform Water Spaces
3. Dipp to facilitate these Bookings, including communication, local marketing, transactions and two-way reviews.
Headings in these Terms are solely for reference objectives and do not limit the scope or extent of the respective section. Except as otherwise stated in these Terms, if any clause of these Terms are 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 provisions.
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 DIPP PURSUANT TO THESE TERMS.
These Terms govern your access or use of the Platform, including but not limited to payment procedures, Collective Content, and the Referral Program. The Platform allows Hosts to create Listings for Water Spaces and Dippers may learn about and book Water Spaces directly with Hosts.

DIPP IS NOT A PARTY TO ANY FACET OF ANY AGREEMENTS ENTERED INTO BETWEEN Water Space OWNERS AND DIPPERS, NOR IS DIPP AN INSURER. DIPP HAS NO CONTROL OVER THE CONDUCT OF HOSTS, DIPPERS AND OTHER USERS OF THE SITE, APPLICATION OR SERVICES OR ANY Water SpaceS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Dipp reserves the right, in its sole discretion, to modify the Terms, Privacy Policy or Platform at any time and without prior notice. If Dipp materially changes or modifies these Terms, it will post the modification on the Platform and/or provide Users 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 Platform will constitute acceptance of the modified Terms.
Dipp, 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 ARE RESPONSIBLE FOR IDENTIFYING, UNDERSTANDING, AND COMPLYING WITH ALL LAWS, RULES, AND REGULATIONS THAT APPLY TO THEIR LISTINGS

FOR EXAMPLE, SOME CITIES MAY RESTRICT Water Space OWNERS 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 DIPPERS. LOCAL LAWS AND ENFORCEMENT VARY FROM CITY TO CITY; PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. DIPP TAKES NO OFFICIAL POSITION ON SUCH LEGAL REQUIREMENTS, SAID DUTY LIES SOLELY WITH THE MEMBERS.

If you have questions about the applicability of local laws to your Listing or Water Space, please seek legal guidance and let us know so that we are aware and can plan for any potential support.

With the exception of Dipp’s obligations pursuant to these Terms, Dipp disclaims all liability and responsibility arising from or related to any Member agreements.

Members must be at least 18 years old to register for an account, post a Listing, or use the Platform. By accessing the Platform, you LEGALLY represent that you are at least 18 years old. Please report immediately if you are aware of Users under 18; any such User will be removed immediately. To book a listing that would include a minor who is under 18, you represent that you have the authority to do so. Dipp will not be held responsible for any Users who misuse the Dipp Platform.
Hosts must take adequate measures to confirm the identification and age of those wishing to drink during the event taking place in the Water Space. 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.
As a User, you agree and authorize Dipp to facilitate the use of your personal information for the purpose of obtaining third-party reports, as permitted by law. To the extent permitted by applicable laws, Dipp may use your personal information to obtain reports from public records of criminal convictions or sex offenders or any other information that can potentially harm anyone associated with Dipp Bookings. Dipp may, directly or indirectly through third parties, make inquiries to verify your identity to prevent fraud.
These terms, supplemented by documents referenced on the Platform or herein, including but not limited to, Dipp’s Privacy Policy, constitute the entire agreement between you and Dipp. In the event of conflict between these Terms and other documents referenced on the Site or herein, the most recently updated terms shall govern. These terms supersede and replace any and all prior oral or written understandings or agreements between you and Dipp.

3. Account Registration

In order to access certain features of the Site and Application, to book a Water Space or create a Listing, you must register for an Account and become a User. You may register directly via the Platform, or in any other manner described by Dipp 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 Dipp for the purpose of verification and safety of the site. You may not create or use more than one Account at a time.

You agree that the information you provide us is accurate, current, and complete at all times. Dipp reserves the right to suspend or terminate your Account and your access to the Platform 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.

4. Protect Login Information

You are responsible for safeguarding your password, user ID or any other form of verification (“Login Information”). You agree that you will not disclose your Login Information to any third party and will take reasonable steps to ensure its security.

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 Dipp of any unauthorized use of your Account. Should you share such information with third-parties you are responsible for all consequences and Dipp reserves the right to take any action to remedy the effects.

5. Proprietary Data and Communication

Dipp will not communicate with you unless you consent to such communication. Any Feedback you submit to us, including Reviews, will be considered non-confidential and non-proprietary to you, and may be published to the site or used in marketing / advertising unless otherwise indicated as private, e.g. private host feedback on a guest / booking.
By submitting Feedback to us, you grant us 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.

Dipp, in its sole discretion, may utilize any Member Content posted for any purpose. By posting any Member Content, you grant Dipp 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.

Please BE CAREFUL AND DO NOT ADD the personal information of you or someone else to your Member Content.

You represent and warrant that:
1. You either are the sole and exclusive owner of all Member Content that you make available through the Platform or through Dipp promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to Dipp the rights in such Member Content, as contemplated under these Terms; and
2. Neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Dipp’s use of the Member Content (or any portion thereof) on, through or by means of the Platform or Dipp’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 (e.g. Dipp mobile app) becomes available, Dipp grants you a limited non-exclusive, non- transferable license to download and install the Application to your device(s) 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. If you access or download the Application from the Google Play Store, you agree to Google’s Licensed Application End User License Agreement.

Please review said Agreements carefully.

Some parts of this site may use Google Maps. Your use of such services are subject to the Google Maps terms.

6. Third-Party Sites

The Platform may contain links to third-party websites or resources. You acknowledge and agree that Dipp 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 Dipp 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.

7. Water Space Listings

As a Member, you may create Listings for the subject Water Space in accordance with these Terms. Nothing in the Agreement or in the Listing may be in contravention of anything in these Terms. Listings must include a valid physical address to be featured on the Site. Listings will be made publicly available via the Platform. It is your duty to disclose all deficiencies relating to your property.
DIPP RESERVES THE RIGHT TO IMPOSE ANY AND ALL REQUIREMENTS IT DEEMS FIT WITH REGARD TO SUCH LISTINGS INCLUDING, BUT NOT LIMITED TO, MINIMUM OR MAXIMUM DURATIONS, MINIMUM TIMES BETWEEN LISTINGS, AND MINIMUM PRICING.
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 Water Space.
You represent and warrant that any Listing you post and the Booking of, or a Dipper’s stay at, a Water Space 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 Water Space included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties.
Hosts shall set the Water Space Fee for the Listing, and elect in his or her sole discretion whether to include (i) a Water Space cleaning fee; (ii) Taxes the Hosts determines that he or she has to collect pursuant to local law; or (iii) any other fee permitted according to the Dipp Terms herein. All payments will be charged and made in U.S. dollars.
Other Members will be able to book your Water Space via the Platform based upon the information provided in your Listing, your requirements, and Dippers’ search parameters and preferences. You understand and agree that once you approve a Dipper’s request to Book your Water Space, you may not request the Dipper to pay a higher price than in the Booking request. Such activity may result in account action against Hosts, up to and including removal from the site.

Hosts may not list their Water Space for rent in any other location than the verified Listing home address.

You as a Dipper or Host are responsible for any modifications to a Booking that you direct Dipp customer service to make, and you agree to pay any Water Space Fees, Dipper Fees, Host Fees, Services Fees, and/or Taxes associated with such Booking Modifications.
The placement and/or ranking of Listings in search results may depend on a variety of factors, including, but not limited to: Party preferences, infant/child preferences, available bathrooms, ratings and/or ease of Booking. Hosts agree that by listing their Water Space they will not list it elsewhere.

8. Water Inspection Partnerships

Dipp has a partnership with Water SpaceWerx, LLC, AquaMasters, America’s Swimming Water Space Company, and Miami Water Space Tech, the relevant services of which depending on location may differ, as well as, which partners are available (collectively “Water Space Assessors”).

Water Space Assessors inspect Water Spaces for the purpose of assessing compliance with pertinent, federal, state, town and other legal requirements. Please review their policies carefully and reach out to them with pertinent questions. Water Space Assessors shall be indemnified from liability in all instances in which they use all commercially reasonable practices to ensure appropriate compliance for each Water Space. Should there be a concern with a Water Space, Water Space Assessors will notify Dipp within 48 hours and Dipp will address accordingly.

9. Insurance

Dipp has created a multi-layer insurance approach for our Hosts, Guests and Platform:

Guests on the Dipp Platform must sign a liability waiver. This Guest waiver ensures Guests are aware of how dangerous Water Spaces can be, and that Guests, and anyone they bring with them to the confirmed Booking, must exercise responsible action while using the Host Water Space.
Hosts on the Dipp platform must also sign a liability waiver. This Host waiver ensures that the Host has complied with any and all Water Space-related safety and sanitation protocols, e.g. keeping Water Spaces at the right balance of chemical levels or cleaning the Water Space area before Guest(s) arrive for a Booking.
Dipp also recommends that Hosts obtain or upgrade to the appropriate level of insurance for their Water Spaces. First, Hosts should carefully review any existing home insurance policy for specific coverage of Water Spaces. In particular, ensure that you are familiar with and understand any exclusions to, and any deductibles that may apply, including, but not limited to, whether your insurance policy will cover the actions or inactions of or relating to your Guest (and the individuals the Guest invites to the Water Space, if applicable) while using the Water Space in question.
Dipp is currently working on a master insurance policy for its platform to cover each Dipp (i.e. Booking or Rental) as an added layer of protection. Stay tuned for an update to this document and our Platform’s Knowledge Base (site content).

If you are a Host, you understand and agree that Dipp 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 a Water Space or any personal or other property located at a Water Space. You agree to cooperate with and assist Dipp in good faith, and to provide Dipp with such information as may be reasonably requested by Dipp, 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 Dipp may reasonably request to assist Dipp in accomplishing the foregoing.

Finally, as a Host, you understand and agree that Dipp does not act as an insurer. If a Dipper requests a Booking of your Water Space and stays at your Water Space, any agreement you enter is between you and the Dipper. It is the sole responsibility of the Dipper to ask the Hosts about insurance.

10. Booking and Financial Terms

You authorize Dipp to store your Payment Method information and charge your Payment Method as outlined in these Terms. It is the duty of all Users to understand the practices of payment providers on the Dipp Platform. Dipp takes no official position in this matter.

If your Payment Method’s account information changes (e.g. account number, routing number, expiration date), you consent to Dipp acquiring such information from Dipp’s financial services partner or your bank and solely for the purpose of updating your Payment Method on file in your Dipp 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.

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 Dipp or a third-party payment processor(s). You agree to pay Dipp for any confirmed Bookings made in connection with your Dipp account in accordance with these Payments Terms by a method supported by the Platform (e.g. Stripe, PayPal, credit 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 Dipp or indirectly, via a third-party payment processor or by one of the payment methods described on the Platform. You also authorize Dipp to charge any Payment Method on file in your Dipp Account if you are found responsible for damage caused at a Water Space and in accordance with these Terms.

Dipp reserves the right to offset any amounts owed to you by Dipp with any amounts you may owe Dipp.

For example, if you as a Host are owed a Water Space Fee from Dipp, and concurrently owe Dipp an overage fee, Dipp may offset the amounts against each other. Similarly, if you as a Dipper have booked a Water Space and are entitled to a refund for a separate cancelled Booking, Dipp may offset the amounts against each other.

Dipp will initiate payment of Water Space Fees less any Service Fees and Taxes to the Host within five (5) business days after the date of the Booking, subject to any delays not within Dipp’s control. If Dipp is unable to collect any amounts you owe for a confirmed Booking or a Damage Claim, Dipp may engage in collection efforts to recover such amounts from you.

Dipp, in its sole discretion, may increase or discount a Host’s Listing price or a Dipper’s Booking cost in any matter it deems appropriate, including but not limited to providing promotional codes to Dippers.
If you are a Host, and a Booking is requested for your Water Space 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 Dipper.

When a Host confirms a Booking requested by a Dipper, Dipp will send the Host a Communication confirming the Booking and depending on the selections the Dipper makes via the Platform.

The Host shall set the Water Space Fee for the Listing, and elect in his or her sole discretion whether to include (i) a Water Space cleaning fee; (ii) Taxes the Host determines that he or she has to collect pursuant to local law; or (iii) any other fee permitted according to the Dipp Terms herein.

Hosts, not Dipp, are solely responsible for honoring any confirmed Bookings and making available any Water Spaces reserved through the Platform. If you, as a Dipper, choose to enter a transaction with a Host for a Booking, you agree and understand 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 acknowledge and agree that you, and not Dipp, will be responsible for performing the obligations of any such agreements.
You as a Dipper agree that Dipp may charge your Payment Method the Total Fees for any Booking requested in connection with your Dipp Account. In order to establish a Booking pending the applicable Host’s confirmation of your requested Booking, you understand and agree that Dipp, on behalf of the Hosts, 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, Dipp will either collect the Total Fees (i) at the time of the Booking request or (ii) upon the Host’s confirmation. Generally, Dipp will collect the Total Fees due once Dipp receives confirmation of your Booking from the applicable Host.

However, if you pay with a push Payment Method, Dipp will collect Total Fees at the time of your Booking request. If Dipp 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.

These are Terms and Conditions that commonly apply to promotions on Dipp.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.
Dipp 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.

11. Fees

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, Dipp may also charge Taxes relating to the Host Fees and Dipper Fees. Dipp deducts Host Fees from the Water Space Fees before remitting the balance to the Host.

Balances will be remitted by Dipp to Host via the Payout Method selected by the Host in the Host’s currency of choice, depending on the selections Host makes via the Platform. Dipp may, in its sole discretion, round up or round down amounts payable from or to Dippers and Hosts to the nearest whole dollar (i.e. $101.50 to $102.00, or $101.49 to $101.00).

12. Damages

You as a Dipper are responsible for leaving the Water Space – including any personal or other property located at the Water Space – in the condition it was in when you arrived. You are also responsible for all items you bring with you to the Water Space.
You acknowledge and agree that, as a Dipper, you are responsible for your own acts and omissions and the acts and omissions of any individuals you invite or otherwise provide access to the Water Space.
If a Host claims and provides evidence of damage to its Water Space (“Damage Claim”), including but not limited to photographs, the Dipper attached to that respective Booking – aka, the responsible part – agrees to pay the cost of replacement providing a reasonable assessment of the replacement cost. Such cost may be collected from the Payment Method used to book the Water Space, or any other Payment Method on file at the time of the Damage Claim. Dipp reserves the right to pursue any options available if it is unable to collect from the Payment Method.
You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide Dipp or insurance-related parties with a written description of the incident and any other information requested, including identity and insurance information of any parties involved in the incident. You are also required to cooperate in any loss investigation conducted by Dipp, or third party insurers. After an incident, you may not continue to use the Water Space unless you have the explicit permission of both Dipp and the respective Host.
If a Host has a Damage Claim for a confirmed Booking, the Host may seek payment from the Dipper through Dipp. The Hosts may escalate the Damage Claim to Dipp if the Host and Dipper are unable to resolve a Damage Claim. If escalating the Damage Claim to Dipp, the Host must send evidence of the damage to Dipp. If a Host escalates a Damage Claim to Dipp, you as a Dipper will be notified of the Damage Claim and be given an opportunity to respond. If you as a Dipper agree to pay the Host in connection with a Damage Claim, or if Dipp determines, in its sole discretion, that you are responsible for damaging a Water Space or any personal or other property located at a Water Space, Dipp will collect any such costs from you from the Payment Method in accordance with the Payments Terms. Dipp also reserves the right to otherwise collect payment from you and pursue any avenues available to Dipp in this regard, in situations in which you have been determined, in Dipp’s sole discretion, to have damaged any Water Space or any personal or other property located at a Water Space.
Members agree to cooperate with and assist Dipp in good faith and to provide Dipp with such information in order to take such actions as may be reasonably requested by Dipp and in connection with any Damage Claims or other complaints or claims made by Members relating to Water Spaces or any personal or other property located at a Water Space or with respect to any investigation undertaken by Dipp or a representative of Dipp regarding use or abuse of the Platform.

Dippers, upon Dipp’s reasonable request and to the extent you are reasonably able to do so, agree to participate in mediation or similar resolution process with Hosts, at no cost. This process will be conducted by Dipp or a third party selected by Dipp or its Platform insurer.

13. Lack of Availability, Overstaying or Usage without Consent

Hosts agree to make the Water Space 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 Dipper (“Allowed Duration”). If the Host fails to do so, the Host shall be subject to a charge double (2x) the Booking’s hourly rate for every half hour increment for which the Water Space is unavailable. For example:

If the Booking hourly rate is equal to thirty ($30) dollars per hour, the Host would then be liable for sixty ($60) dollars every half hour the confirmed Booking is unavailable.

Dipp reserves the right to take whatever action necessary to address these kinds of actions on its Platform in order to preserve the integrity of the Platform experience for its Hosts and Dippers.

Dippers agree that a confirmed Booking grants them limited license to enter and use the Host Water Space for the Allowed Duration. If a Dipper exceeds the Allowed Duration without the Host’s consent, the Dipper agrees that the Host or Dipp may charge twice (2x) the confirmed Booking hourly rate for every half hour increment exceeding the Allowed Duration. For example:

If the Dipper(s) overstay a confirmed Booking that costs thirty ($30) dollars per hour, then the Dipper(s) may be charged sixty ($60) dollars per half hour to compensate the Host for any inconvenience. Dipp is authorized to collect fees pursuant to this Section from the Dipper’s Payment Methods.

Dippers agree that they are responsible for any individuals invited to, or otherwise provided access to, the Host Water Space. If a Dipper invites or provides access to more persons than indicated in the confirmed Booking, or otherwise permitted by the Host, the Dipper will be subject to a twenty-five ($25) dollar fee per person per hour in excess of the agreed upon Booking party. For example:

If a Dipper confirms a party of four (4) and then shows up with a party of eight (8), either the Host or Dipp may elect to penalize the Dipper twenty-five ($25) dollar fee per person per hour.

14. Cancellations and Refunds

If a Host cancels a confirmed Booking made via the Platform, Dipp will refund the Total Fees for that Booking to the respective Dipper. The Host may then be subject to a cancellation fee.

Each host on the Platform sets the cancellation policy for their Water Space. For cancellations made 72 hours prior to the Booking date, you will not be charged a cancellation fee, unless such cancellation causes Dipp 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, the Host will be charged a cancellation fee equal to 50% of the Total Fees. For cancellations made within 24 hours of the confirmed Booking date, the Host will be charged a cancellation fee equal to the Total Fees.

Other consequences may apply to the Host or Host Listing, including (i) publishing an automated review on your Listing indicating that a Booking was cancelled or (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled Booking.

If a Dipper wishes to cancel a confirmed Booking made via the Platform, the Dipper may do so directly through the Platform. The resulting monetary effect to the Dipper of cancellation will be based on the cancellation policy set by the Host in that respective Host’s listing.

In certain circumstances, Dipp 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 Site or for any other reason as deemed fit under Dipp’s discretion. Dipp may also determine, in its sole discretion, to forgo a cancellation fee from the Hosts or refund to the Dipper part or all of the amounts charged to the Dipper.

Both Hosts and Dippers agree that Dipp will not have any liability for such cancellations or refunds. If Dipper or Hosts have medical circumstances which prevent them from taking the reservation with medical evidence, then that Dipper or Host shall not be financially responsible.

Both Hosts and Dippers must submit all cancellations through the Dipp Platform. Cancellations are not effective unless and until either Host or Dipper has requested the cancellation through the respective Dipp account. Both Host and Dipper acknowledge and agree that any and all Fees (as defined herein) are 100% non-cancellable and non-refundable.

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.

In certain circumstances, such as rain, Dipp may decide, in its sole discretion, that it is necessary or desirable to postpone a confirmed Booking made via the Platform. In the event of rain, Dipp will allow the Host to accommodate the reservation within one week’s time from the initial booking date. Dipp will allow the Host to cancel the reservation due to rain without collecting a fee.

DIPP RESERVES THE RIGHT, AT ANY TIME AND WITHOUT PRIOR NOTICE, TO REMOVE OR DISABLE ACCESS TO ANY LISTING FOR ANY REASON, INCLUDING LISTINGS THAT DIPP, IN ITS SOLE DISCRETION, CONSIDERS TO BE OBJECTIONABLE FOR ANY REASON, IN VIOLATION OF THESE TERMS OR DIPP’S THEN-CURRENT POLICIES, OR OTHERWISE HARMFUL TO THE SITE, APPLICATION OR SERVICES.

15. User Conduct

Both Dippers and Hosts understand and agree to comply with any and all federal, state and local laws, rules, regulations, and Tax obligations that may apply to the use of the Platform and Collective Content. Both Dippers and Hosts also agree that they will not:

Violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations.
Violate these Terms or Dipp’s Policies, Community Guidelines or Standards.
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.

Users also agree that they, both Hosts and Users, will not:

Interfere with or damage the Platform and affiliated solutions, 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, Dipp’s computer systems, or the technical delivery systems of Dipp’s providers.
Attempt to probe, scan, or test the vulnerability of any Dipp system or network or breach any security or authentication measures.
Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Dipp or any of Dipp’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.

Users will not 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 Dipp endorsement, partnership or otherwise misleads others as to your affiliation with Dipp. This includes:

Using, displaying, mirroring or framing the Platform or Collective Content, or any individual element within the Platform or Collective Content.
Accessing the site for the purpose of supporting a competing platform or business as a Host, submitting any Listing with false or misleading information, including price information, or submitting any Listing with a price that the Host does not intend to honor.
Attempting to bypass Dipp to rent or book any Water Space outside the Dipp Platform. Users discovered violating this rule will owe Dipp the full cost they would have incurred on the site, plus fees incurred by Dipp. Additionally, Users cannot use the Platform or Collective Content to find a Hosts or Dipper and then complete a Booking of a Water Space independent of the Platform.
Claiming to say or take any actions with regard to Dipp that have the potential to harm, damage or tarnish the Platform reputation in any way.
Publishing false or inflated or inaccurate reviews of the Booking, Host, Dipper or Platform experience. Users agree to only publish reviews in accordance with accurate views on the Booking experience and to never withhold or tarnish or improve a review for any gain or use relating to extortion.
Accepting or making a payment for Water Space Fees outside Dipp. If a User is caught doing so, that User acknowledges and agrees that: (i) would be in breach of the Terms herein, (ii) the User accepts all risks and responsibility for such payment, and (iii) the User holds Dipp harmless from any liability for such payment.
Diluting, tarnishing or otherwise harming the Dipp brand in any way, including through unauthorized use of Collective Content, registering and/or using Dipp 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 Dipp domains, trademarks, taglines, promotional campaigns or Collective Content, other proprietary information or infringe the rights of Dipp 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.

Furthermore, Users will not 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.

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. This includes:

Using the Platform or Collective Content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence.
Contacting another User for any purpose other than asking a question related to a Booking, Water Space, Listing, or the User’s use of the Platform or recruit or otherwise solicit any User to join third-party services, applications or websites, without Dipp’s prior written approval.
Harassment of any kind towards another user of the Platform, including collection or storage of any personally identifiable information related to another user other than for purposes of transacting as a Dipper or Host. Users acknowledge that it is expressly understood that they will not engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of Dipp’s Platform.
Offering, as a Host, any Water Space that you do not have rights to offer. This includes listing Water Spaces as a Host if you are serving in the capacity of an agent for a third party); offer, as a Hosts, any Water Space that may not be Booked pursuant to an agreement with a third party;
Registering for more than one Dipp Account or register for a Dipp Account on behalf of an individual other than the User. Users will only register Accounts for themselves as an individual, including ID / age verification.
Impersonating any person or entity, or falsifying or otherwise misrepresenting yourself as a User or your affiliation with any person or entity; advocating, encouraging, or assisting any third party in doing any of the foregoing. Further, if you bring additional Dippers with you it is your duty to ensure they follow the Host rules explicitly.

If you feel that any User 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 Dipp by contacting Dipp with your police station and report number; provided that your report will not obligate Dipp to take any action beyond that required by law (if any) or cause Dipp to incur any liability to you.

Dipp will not tolerate any discriminatory actions taken by Dippers and hosts. Discrimination is any negative action or attitude directed toward someone because of protected characteristics, like race and gender. Other protected characteristics are:

Age
Religion
Ethnicity/ nationality
Disability/ medical history
Pregnancy / maternity/ paternity
Pregnancy / maternity/ paternity
Gender identity/ sexual orientation

Any discrimination against a User will result in consequences up to and including expulsion from the site and potential even civil or criminal penalties. We take cases of assault, sexual harassment or violence, whether physical or psychological, extremely seriously. The Dipp Platform brings local communities together in a positive way and we will take any and all available measures to ensure our Platform is free of discriminative and derogatory behavior.

If you are the victim of discriminatory behavior (or if you suspect that others are being discriminated against), please contact us as soon as possible. Punishment for discriminatory behavior depends on the severity of the offence. For example, inadvertently offending someone might warrant a reprimand. Conversely, willfully bypassing a Dipper because of a protected characteristic will result in termination from the site.

Dipp shall be proactive and responsive about determining whether discrimination occurs. Dipp will investigate all claims discreetly. We will not disclose complaint details to anyone not directly involved in the complaint, or give out information that may help others identify the person at the center of that complaint.

16. Term, Suspension and Termination

Dipp has the right to investigate and prosecute violations of these Terms or any applicable federal, state and local laws to the fullest extent possible. In addition, and as set in these Terms, Dipp may take a range of actions against Users in violation of these Terms, including but not limited to removing or disabling access to any or all related User Content or deactivating or canceling related Listing(s) or Dipp Accounts.

While Dipp executes reviews of all content that would potentially be nefarious or egregious, Dipp takes no responsibility for content that evades the vetting system. Dipp may refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content or cancel any pending or confirmed Bookings. Dipp may terminate without notice if (i) a User is found in breach of these Terms or other Policies referenced herein or on the Site, (ii) a User has provided inaccurate, fraudulent, outdated or incomplete information during the Dipp Account registration, or Listing process or thereafter, (iii) a User has violated applicable laws, regulations or third party rights, or (iv) Dipp believes in good faith that such action is reasonably necessary to protect the safety or property of other User, Dipp or third parties, for fraud prevention, risk assessment, security or investigation purposes.

Dipp may deactivate or delay Listings, reviews, or other Member Content, cancel any pending or confirmed Bookings, limit use of or access to User Accounts and the Platform, temporarily or permanently revoke any special status associated with the related Dipp Account(s), or temporarily or permanently suspend the related Dipp Account(s) if a User is found to have breached these Terms or policies, including material and non-material breaches, and if that User receives one or more poor or negative ratings from Hosts or Dippers (with the definition of “poor” to be at Dipp’s sole and absolute discretion).
If Dipp takes any of the measures described herein relating to a User, it may (i) communicate to any affected Dippers or Hosts that a pending or confirmed Booking has been cancelled, (ii) refund those affected Dippers in full for any and all confirmed Bookings, irrespective of applicable cancellation policies, (iii) support our Dippers, on an exceptional basis, in finding potential alternative Water Spaces, and (iv) revoke any Host compensation for confirmed Bookings that were cancelled.
When this Agreement has been terminated, either by User violation of these terms or Dipp’s own independent assessment of User risk or behavior, the User is not entitled to a restoration of his or her related User Account or any of related Member Content. If access to or use of the Dipp Platform has been limited or the related Dipp Account has been suspended or this Agreement has been terminated by Dipp, the affected User may not register a new Dipp Account or access and use the Dipp Platform through another User’s Dipp Account.
Dipp 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 Dipp or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer Dipp’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 Dipp, its Users, or members of the public.

Dipp reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Dipp, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform.

A User may terminate his or her respective Dipp Account by cancelling it on the Site or by sending Dipp an email requesting that Dipp terminate the respective Dipp Account. If a Host cancels his or her Dipp Account, any confirmed Bookings will be automatically cancelled, and the affected Dippers will receive a full refund of the Water Space Fee. No refunds of Service Fees will be provided.

If a Dipper cancels his or her Dipp Account, any confirmed Booking will be automatically cancelled, and the Host will be issued a refund in accordance with the Listing cancellation policy referenced.

If a User’s access to or use of the Platform has been limited or the related Dipp Account has been suspended or this Agreement has been terminated by Dipp, the affected User may not register a new Dipp Account or attempt to access and use the Platform through other Dipp Accounts.

17. Taxes

Tax regulations may require Dipp to collect appropriate tax data from Hosts, or to withhold taxes from payouts to Hosts, or both. Hosts are solely responsible for keeping the information in your tax forms current, complete and accurate.

If a Host fails to provide Dipp with sufficient documentation to alleviate Dipp’s obligation (if any) to withhold taxes from payments from said Host, Dipp reserves the right in its sole discretion to freeze all Host payouts until resolution and to withhold such amounts as required by law, or both.

Hosts understand and agree that they are solely responsible for determining (i) 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. Hosts are also solely responsible for remitting to the relevant federal, state and local authorities any Taxes owed as a result of income generated from the Platform. Dipp cannot and does not offer Tax-related advice to any Users.

Hosts understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority”) where the Host Water Space is located may require Taxes to be collected from Dippers or Hosts on the amount paid for the right to use and/or occupancy of Water Spaces, and to be remitted to the respective Tax Authority.

Dipp reserves the right to collect applicable and owed taxes as dictated by any relevant governmental authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the Water Space 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”).

18. Digital Millennium Copyright Act (DMCA)

Dipp respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any content deemed to have been posted or distributed in violation of any such 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: hello@dippnow.com.

If you believe that your work has been copied on the Site 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 Site 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 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.

19. Class Action Waiver

Users agree that any arbitration or proceeding shall be limited to the dispute between Dipp and the User 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.

USERS AGREE TO ONLY BRING CLAIMS AGAINST DIPP IN AN 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 hello@dippnow.com within thirty (15) 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 constitutes your 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.

20. Equitable Relief

Users acknowledge and agree that in the event of a breach or threatened violation of Dipp intellectual property rights and confidential and proprietary information by the respective User(s) will cause irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. Dipp 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 Dipp rights and property pending the outcome of the arbitration referenced above. Users hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of New Jersey for purposes of any such action by us.

21. Communications Decency Act Notice

Dipp 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.

22. Privacy

Please review Dipp’s Privacy Policy at www.dippnow.com/privacypolicy, which also governs User access and use of the Dipp Platform. By using the Platform, Users explicitly agree to said Privacy Policy.

23. Assumption of Risk and Waiver – Dipper(s)

Dippers agree that they are aware of and assume all risks for themselves, as well as any other Dipper or invitees attending a Booking. Neither Dipp nor the Hosts are responsible for any accidents caused or incurred by Dippers or any Dipper invitees, related to swimming, use of the Water Space area amenities, in transit while occupying the Water Space or otherwise.

Dippers hereby release, waive, discharge, and covenant not to sue Dipp or the Hosts for any injuries arising from or related to use of the Water Space. Furthermore, Dippers agree that some Listings may carry inherent risk, and by participating in such services, Dippers choose to assume those risks voluntarily. Dippers should carefully consider the Water Space listed, type of event the Booking will enable, e.g. a birthday party or BBQ, and understand any associated risks that arise when bringing other Dipper(s), particularly infants, children or minors, while using the Water Space and during the Allowed Duration.

For example, some Listings may carry risk of illness, bodily injury, disability, or death, and Dippers freely and willfully assume those risks by choosing to participate in those Water Spaces. Dippers assume full responsibility for the choices made before, during and after participation in a Host Water Space.

If a Dipper brings a minor(s) as an additional Dipper, the non-minor Dipper is solely responsible for the supervision of the Dipper minor(s) throughout the duration of the confirmed Booking. To the maximum extent permitted by law, the non-minor Dipper agrees to release and hold harmless Dipp from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to the minor Dipper during swimming or in any way related to the Host Water Space used.

23.5. Assumption of Risk and Waiver – Host(s)

Hosts agree that they have properly, accurately, diligently and to the best of their abilities and knowledge of local, state, and federal laws, mandates, protocols and best practices, prepared the Water Space in advance of each confirmed Booking to be safe, sanitized and ready for Booking Guest(s). This includes:

Properly sanitizing and cleaning the Water Space area, using common sanitation knowledge and existing Covid-19 guidance and protocols to ensure a clean Water Space area.
Properly treating the actual Water Space water for cleanliness and chemical balance to control any injurious impact excess chemical imbalances may cause to Guests.

Hosts hereby release, waive, discharge, and covenant not to sue Dipp or the Guests for any injuries arising from or related to use of the Water Space. Furthermore, Hosts agree that any accidents occurring in or around the Water Space are part of the risk and responsibility of consuming any type of Water Space.

24. Indemnification and Limitation of Liability

All Users agree to forever release, defend, discharge, indemnify, and hold Dipp 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) access to or use of the Platform or Collective Content or violation of these Terms; (b) Member Content; (c) (i) interaction with any Member, (ii) Booking of a Water Space, or (iii) creation of a Listing; and (d) the use, condition or Booking of a Host Water Space, 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 Water Space.

Users hereby waive any potential liability for delays in payment on account of force majeure. Dipp 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”).

USERS ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THEY ASSUME THE ENTIRE RISK ARISING FROM USE OF THE PLATFORM. IF USERS PERMIT OR AUTHORIZE ANOTHER PERSON TO USE THEIR RESPECTIVE DIPP ACCOUNT IN ANY WAY, THE DIPP ACCOUNTHOLDER (USER) IS RESPONSIBLE FOR THE ACTIONS TAKEN BY THAT PERSON.

NEITHER DIPP 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 USERS COMMUNICATE OR INTERACT AS A RESULT OF PLATFORM USE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DIPP 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.

HOSTS ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF PROVIDING ACCESS TO AND USE OF A WATER SPACE AND BROADER PREMISES AND MEMBER CONTENT, ANY RELATIONSHIP OR COMMUNICATION WITH ANY DIPPER IS OWNED BY THE HOST (I.E. WATER SPACE OWNER). DIPP WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY 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 (I) THESE TERMS, (II) FROM THE USE OF OR INABILITY TO USE THE DIPP PLATFORM, (III) FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER MEMBERS OR OTHER PERSONS WITH WHOM HOSTS COMMUNICATE, INTERACT OR MEET WITH AS A RESULT OF THE USE OF DIPP, OR (IV) FROM PUBLISHING OR BOOKING OF A LISTING, INCLUDING WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DIPP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE

EXCEPT FOR DIPP OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE WATER SPACE OWNERS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE WATER SPACE OWNER’S INSURANCE, IN NO EVENT WILL DIPP AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND USE OF THE DIPP PLATFORM INCLUDING, BUT NOT LIMITED TO, FROM PUBLISHING OR BOOKING OF ANY LISTINGS VIA THE DIPP PLATFORM, OR FROM THE USE OF OR INABILITY TO USE THE DIPP PLATFORM AND IN CONNECTION WITH ANY BOOKING OR INTERACTIONS WITH ANY OTHER MEMBERS, OR THE AMOUNTS PAID BY DIPP TO HOSTS IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DIPP AND YOU.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY. SOME JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO USERS.

Dipp is not a party to a Host’s process for deciphering an acceptable Booking and is not involved in the scope of the agreement. Dipp 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 related decision.

25. Disclaimer

DIPP 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. DIPP CANNOT ENSURE THAT ANY FILES, DOCUMENTS OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. DIPP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

DIPP 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 DIPP 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.

DIPP MAKES NO REPRESENTATIONS OR WARRANTIES AS TO ANY USER’S CONDUCT ON THE PLATFORM OR OTHERWISE. USERS AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS INCLUDING, BUT NOT LIMITED TO, DIPPERS AND HOSTS, PARTICULARLY IF USERS DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY DIPP. DIPP EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY DIPPER OR OTHER THIRD PARTY.

DIPP MAKES NO REPRESENTATIONS OR WARRANTIES AS TO ANY WATER SPACE OR LISTING. DIPPERS ARE SOLELY RESPONSIBLE FOR INQUIRING OR PERFORMING ANY DUE DILIGENCE NECESSARY TO EVALUATE A WATER SPACE. DIPP DOES NOT ENDORSE ANY MEMBER, LISTING, OR WATER SPACE.

The foregoing disclaimers apply to the maximum extent permitted by law. Users may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law. Dipp does not appoint Users as its employees, mandatories, legal agents, or form any kind of legal partnership or joint venture. Users are not authorized to make any commitments on behalf of Dipp.

26. Governing Law and Jurisdiction

Any dispute, claim, or controversy relating to the use of the Platform 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. 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.

The Platform is based in North America. Dipp makes no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of North America. If Users access or use the Site, the Content, or the Services from outside of North America, Users do so at their own risk. Whether inside or outside of North America, Users are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

27. Contact Information

Email: hello@dippnow.com

For any inquiries, please contact us via email at hello@dippnow.com.