General: Warranty satisfaction is available only if (a) Seller is provided prompt written notice of the warranty claim and (b) Seller's examination discloses that any alleged defect has not been caused by misuse; neglect; improper installation, operation, maintenance, repair, alteration or modification by other than Seller; accident; or unusual deterioration or degradation of the Products or parts thereof due to physical environment or electrical or electromagnetic noise environment. Application of government contract regulations and clauses to the Products or the agreement evidenced by these terms and conditions are subject to the separate review and consent by an authorized representative at Seller's headquarters. Last weekend I had to turn away about 12 bookings, said Alain. WebUpdated Swimply Customer Support is here to help, no matter how big or small your needs may seem! Associated Press. However, such utilization will not affect any provided Product warranty or published reliability statistics. Buyer further warrants that no sanctioned or blocked individual will be involved in the work envisioned under this agreement, including negotiations, contracting, or any other transactions, and shall advise Supplier immediately in the event an ownership or other change would violate any term in this section, in which case Supplier shall be relieved from any further responsibilities under this agreement. Despite a limited number of pools available and a two-hour drive, I had the perfect summer day. Seller reserves the right to render invoices electronically and to receive payment by way of electronic funds transfer. WebThe three pillars of our Community Guidelines are as follows: Community safety Swimply Hosts and Guests deserve to feel safe and comfortable while using Swimply. Seller further reserves the right to substitute using the latest superseding revision or series or equivalent Product having comparable form, fit and function. "Open Box" Products: Seller warrants that hardware Products sold as Open Box (e.g., customer and distributor returns, factory refurbished or reconditioned, etc.) In the absence of a separate Seller's license agreement, Buyer is granted a non-exclusive, non-transferable license to use provided Seller's software or firmware only in object code form and solely in conjunction with Seller-provided Products, with no rights to sublicense, disclose, disassemble, decompile, reverse engineer, or otherwise modify the software or firmware. This material may not be published, broadcast, rewritten, or redistributed. Software and Firmware: Unless otherwise provided in a Seller or third party license, Seller warrants that standard software or firmware Products furnished hereunder, when used with Seller-specified hardware, will perform in accordance with published specifications prepared, approved, and issued by Seller for a period of one (1) year from the date of invoice from Seller or its appointed distributor, as the case may be. The foregoing will be the exclusive remedies for any breach of warranty or breach of contract arising therefrom. Open Box Products, while serviceable, may not reflect the latest series or revision. WebFrank Olito/Insider. 2 min. For further information, please consult your nearest Rockwell Automation sales office. Seller does not warrant the compatibility of its Products with the goods of other manufacturers or Buyer's application except to the extent expressly represented in Seller's published specifications or written quotation. The website, which was featured on the TV show Shark Tank, now has thousands of pools to choose from in over a dozen states including Arizona, California, Connecticut, Florida, Maryland, Massachusetts, New Hampshire, New Jersey, New Mexico, North Carolina, New York, South Carolina, Texas, and Virginia. Trump plans to turn himself in Thursday at Fulton County jail As for insurance, Swimply tells me that guests sign a waiver of liability while pool hosts are required to obtain insurance in accordance to Swimplys Terms and Conditions. Some are reportedly making thousands of dollars in the process. Community Guidelines Swimply Notwithstanding the foregoing, all sales of Open Box Products and any third-party branded products are final and do not qualify for non-warranty return. Except as excluded herein, Seller will defend any suit or proceeding brought against Buyer arising out of a claim that the design or construction of the Products sold or licensed hereunder by Seller infringes any patent, copyright or trademark granted or registered in the country of Seller's shipping destination, provided (a) Buyer promptly notifies Seller in writing of any such claim and any suit or proceeding, (b) at Seller's expense, Buyer gives Seller the sole right to defend, settle and control the defense of the suit or proceeding, (c) Buyer provides all necessary information and assistance for such defense or settlement, and (d) Buyer takes no position adverse to Seller in connection with such claim. Use of Products comprised of software or firmware may be subject to Buyer's acceptance of additional terms and conditions set forth in separate Seller or third-party license agreements that will control to the extent necessary to resolve any conflict with the terms and conditions stated or otherwise referenced herein. Net thirty (30) days from date of invoice with ongoing approved credit as determined by Seller. Any dispute not so resolved by negotiation or mediation may then be submitted to a court of competent jurisdiction in accordance with the terms hereof. My own pool which is right out there has been on the platform for the last 5 weeks. Such publications are not offers to sell and are maintained only as a source of general information. Welcome to I guess people are stuck in apartments or things like that and they tell us thank you so much for letting us come into your pool it has saved our life, said Cooky. This is the new reality: the modern economy is very very horizontal and decentralized, concluded Weinberger. Its contactless, no cleanup required and you cant break a pool, you cant break the water, quipped Weinberger. Swimply's users deserve to feel safe and comfortable at a reservation. Prices and other information shown in any Seller publication (including product catalogs and brochures) are subject to change without notice and to confirmation by specific quotation. Trump's post came after his attorneys met with prosecutors in Atlanta to discuss the terms of his bond, according to the Associated Press. What to Know About Swimply, the Airbnb of Pool Rentals - Thrillist For both apps, location Seller reserves the right to suspend any further performance hereunder or otherwise in the event payment is not made when due. What is Swimply? Learn how to rent a pool for short-term use A website called Swimply is like Airbnb, but for private pools. will be free from defects in material and workmanship for a period of ninety (90) days from the date of invoice from Seller or its appointed distributor, as the case may be. Repaired or replacement Products provided as a result of this warranty subparagraph are similarly warranted for a period of thirty (30) days from the date of shipment to Buyer or the remainder of the original ninety-day warranty term for that particular Product, whichever is longer. WebSwimplys terms goes on and on and covers alcohol, data sharing, account registration, proprietary data and communication, third party sites, pool listings and inspections. Listings describe the pool dimensions, depth, and amenities like available bathrooms, shade, diving board, and lounge chairs. 0:41. The app lets people rent out their backyard pool by the hour: users get some much-needed relief from the hot summer sun, owners get extra cash in their pocket. Trump's bond The terms say: As a Host, you understand and agree that Swimply does not act as an insurer. Cancellation Policy Swimply In the event Seller is obligated to defend such suit or proceeding, Seller will pay all costs and damages finally awarded or agreed upon by Seller that are directly related thereto. Swimplys terms of service also recommend this, and make clear that the onus is on hosts to comply with any applicable laws or licensing requirements. What do you think of Swimply? Buyer represents and warrants that they are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties, and are not owned 50% or more or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government (e.g., the U.S. Department of Treasurys Specially Designated Nationals list and Foreign Sanctions Evaders list, and the U.S. Department of Commerces Entity List), the European Union or its member states, or other applicable government authority. Youre in full control about the amenities youre offering, the rules, the price its all up to you, explained Weinberger over Skype from his home in New York. Seller may render partial invoices and require progressive payments. Acknowledged shipping dates are approximate only and based on prompt receipt of all necessary information from Buyer. WebThese general terms and conditions of sale (along with any associated written specification, quotation and/or supplemental terms and conditions provided by Seller) exclusively will This is an archived article and the information in the article may be outdated. Payment by credit card, when permitted, is subject to credit card validation and authorization both at time of agreement and immediately prior to shipment. Please look at the time stamp on the story to see when it was last updated. Shipping containers must be clearly marked per Seller's instruction and shipped freight prepaid by Buyer. Delivery terms are FCA Seller's plant or designated location (per current Incoterms 2020) and Seller will arrange, prepay and add all shipping, handling, custom, insurance and similar charges incurred by Seller or as otherwise agreed to as evidenced by Seller's order acknowledgment. How does Swimply work? - Downtown LA Law Group Let me know in the comments on my Facebook page! Web10 Gorgeous Pools You Can Rent in Austin, TX Find your Paradise on Swimply Swimply has thousands of private pools and spaces in the US and Australia that are always unique and 0:04. This is against the Terms and Conditions. Seller's obligations under this paragraph will be fulfilled if Seller, at its option and expense: (i) procures for Buyer the right to continue using such Products, (ii) replaces the same with non-infringing equipment/software having functionality similar to that of the Products, (iii) modifies the Products to make them non-infringing while retaining similar functionality, or (iv) if (i)-(iii) are not commercially practicable, refunds to Buyer the purchase price of the affected Products in exchange for their return. Wisconsin homeowners can rent pools on Swimply app, sans strict Guests use the app to select a pool, pay and proceed to cool off. Pools are inspected for safety before theyre listed and there are options for pool owners to purchase extras including cleanings and maintenance. No payment by offset is permitted. Swimplys Customer Support Team strives to achieve excellence when Swimply: It's like Airbnb but for renting your pool to strangers - CNN Homeowners set their own price, which averages about $45 an hour. Nonetheless, a glance at the Swimply site finds several pools for rent at the Jersey Shore, including in Toms River, Brick, Lakewood, Howell, Millstone, Wall, Published on 8/1/2022 at 6:16 PM Courtesy of Swimply At the top of my list each summer lies two items. Would you rent out your backyard pool? Cancellation by Buyer prior to shipment is permitted only by written notice and upon payment to Seller of reasonable cancellation and restocking charges, including reimbursement for direct costs. Welcome to Swimply Swimply As used in this paragraph, the term Products shall mean only Seller's standard hardware and software that are generally commercially available, and expressly excludes third-party-branded equipment/software. The couple is among the thousands using Swimply to rent out their pool. Published or advertised weights and dimensions are estimates or approximations only and are not warranted. Seller will not be liable for any loss, damage or delay arising out of its failure (or that of its subcontractors) to perform hereunder due to causes beyond its reasonable control, including without limitation, acts of God, acts or omissions of Buyer, acts of civil or military authority, fires, strikes, floods, epidemics, quarantine restrictions, war, riots, acts of terrorism, delays in transportation, or transportation embargoes. Terms and Conditions of Sale | Rockwell Automation These general terms and conditions of sale only apply to purchases of Allen-Bradley and Rockwell Software branded products and related services made directly from Rockwell Automation. In the event of such delay, Seller's performance date(s) will be extended for such length of time as may be reasonably necessary to compensate for the delay. The program provides protection in the unfortunate event that a Guest files a lawsuit or claim against a host for bodily injury that occurs during a Swimply Seller makes no representation or warranty, express or implied, that the operation of the software or firmware Products will be uninterrupted or error free, or that the functions contained therein will meet or satisfy Buyer's intended use or requirements. Read: Trump's bond agreement | CNN Politics I rented someone's pool and backyard for three hours for $271 using Swimply, an Airbnb for pools. Below, you'll find some best practices to ensure everyone's safety: 1. Sales outside of North America, as well as sales of other Rockwell Automation products and services, may be subject to separate or supplemental terms and conditions of sale. Cancellation charges associated with orders for custom Products or Products specifically manufactured to Buyer's specification may equal the actual selling price of the Products. Products returned under warranty must be properly packed and shipped to Seller-specified locations. These general terms and conditions of sale (along with any associated written specification, quotation and/or supplemental terms and conditions provided by Seller) exclusively will govern the sale or licensing by Seller of all goods and services (including without limitation, hardware, firmware and software products, training, programming, maintenance, engineering, parts, repair and remanufacturing services hereinafter, "Products") furnished to Buyer hereunder, whether such sale or licensing is effected by paper-based transactions or via facsimile or other forms of electronic data interchange (EDI) or electronic commerce, and represents the entire agreement between Buyer and Seller with respect thereto. Chilled Remedies: Remedies under the above warranties will be limited, at Seller's option, to the replacement, repair, re-performance or modification of, or issuance of a credit for the purchase price, of the Products involved, and where applicable, only after the return of such Products pursuant to Seller's instructions. Such Manufacturers Warranty is in lieu of all other warranties, which are expressly disclaimed. Any warranty applicable to such Buyer-specified items will be limited solely to the warranty, if any, extended by the original manufacturer or vendor directly or indirectly to Buyer. In an effort to We met up with Cooky, and her husband Alain, at their home. When it WebThe Guest suggests that they pay for their extra guests outside of Swimply. August 21, 2023 - Trump plans to surrender Thursday in Georgia Have an outdoor space you'd Buyer-requested order changes, including those affecting the identity, scope and delivery of the Products, must be documented in writing and are subject to Seller's prior approval and adjustments in price, scheduling and other affected terms and conditions. Swimply - Rent your own private pool by the hour - Pools near me These general terms and conditions of sale are as in effect at the time of publication and are subject to change at any time. Products sold or licensed hereunder are not intended to be used, nor should they be used, in any nuclear-related application either as a "Basic Component" as defined under United States nuclear regulations or under similar nuclear laws and regulations of any other country or otherwise. Follow Tech Reporter Rich DeMuro onInstagramfor more tech news, tips and gadgets! Some of the most common costs for a half-day session are $25 to $35 per person. Resale of Third-Party Branded Products and Services. Non-Warranty Factory Remanufacture, Repair and Field Exchange: Seller warrants that non-warranty factory remanufactured or field exchanged hardware Products or repaired hardware Product components will be free from defects in material and workmanship for a period of one (1) year from the date of invoice from Seller or its appointed distributor, as the case may be. Non-warranty returns of unused and resalable Products for credit will be subject to Seller's return policies in effect at the time, including applicable restocking charges and other conditions of return. Purchases made from appointed distributors or other independent resellers will be subject to terms and conditions of sale as may be separately established by each such distributor or reseller, which will in no event be binding upon Rockwell Automation unless otherwise expressly agreed to. Interest charges will be added to overdue invoices at the rate of 1.5% per month (subject to any limit imposed by applicable law). However, Rockwell Automation extends its standard. There are three different policies you can choose from: Really Chilled Out: Guests can request a refund up to 24 hours before the reservation start time. If unsuccessful, the parties further will attempt in good faith to settle the dispute by non-binding third-party mediation, with mediator fees and expenses apportioned equally to each side. How can I contact Swimply Swimply WebPlease note that sharing phone numbers, contact information, or arranging to take payment offline or at the pool (with cash or credit card) is against our Terms and Conditions. Ive made $25,000 in 5 weeks, said Weinberger. The parties acknowledge that they have required that the agreement evidenced hereby be drawn up in English. Updated Looking to find a pool for a brief escape from your daily routine, a family get-together, or anything in between? Buyer is responsible for all shipping and handling charges. The parties will attempt in good faith promptly to resolve any dispute arising hereunder by negotiations between representatives of the parties who have authority to settle the dispute. Seller will have no obligation to defend or for any other liability with respect to: [a] any suit or proceeding to the extent based on or arising out of a configuration or modification made, specified or requested by Buyer and which is incorporated into or constitutes the Products, [b] the use of the Products in a process or application specified, requested or controlled by Buyer or any third parties, or [c] the use of the Products in combination with other equipment, software or materials not supplied by Seller. Rights under the above warranties (subject to noted limitations) extend to Buyer's customers if Buyer is a Seller-appointed distributor for the Products. Purchases made from appointed distributors or other independent resellers will be subject to terms and conditions of sale as may be separately established by each such distributor or reseller, which will in no event be binding upon Rockwell Automation unless otherwise expressly agreed to. Using Chat to talk with Guests Swimply Repaired or replacement Products provided as a result of this warranty subparagraph are similarly warranted for a period of six (6) months from the date of shipment to Buyer or the remainder of the original warranty term for that particular Product, whichever is longer. These procedures are the exclusive procedures for the resolution of all such disputes between the parties. View Available Translations for Terms and Conditions of Sale. Services: Seller warrants that Products comprised solely of services (e.g., training, on-site repair, engineering and custom application programming services) will be performed by appropriately skilled personnel employed or retained by Seller. Judge approves $200,000 bond for Trump in Georgia election case In any event, Seller reserves the right to reject any change that it deems unsafe, technically inadvisable or inconsistent with established engineering or quality guidelines and standards, or incompatible with Seller's design or manufacturing capabilities. THIS PARAGRAPH IS IN LIEU OF ALL WARRANTIES OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, THAT THE PRODUCTS WILL BE FREE OF THE RIGHTFUL CLAIM OF ANY THIRD PARTY BY WAY OF INFRINGEMENT OR THE LIKE. SELLER'S MAXIMUM CUMULATIVE LIABILITY RELATIVE TO ALL OTHER CLAIMS AND LIABILITIES, INCLUDING OBLIGATIONS UNDER ANY INDEMNITY, WHETHER OR NOT INSURED, WILL NOT EXCEED THE COST OF THE PRODUCT(S) GIVING RISE TO THE CLAIM OR LIABILITY. The CDC says theres no evidence COVID-19 can be spread to humans through pools which has given the platform a boost during the pandemic. These general terms and conditions of sale only apply to purchases of Allen-Bradley and Rockwell Software branded products and related services made directly from Rockwell Automation. We thought in the beginning that Swimply would help people pay for their pool costs, turns out were helping people for their entire mortgage, explained Asher Weinberger, co-founder of Swimply. WebTicket Rights: Season tickets and all rights attendant thereto are owned by Golden State Warriors, LLC (the Warriors). All returns of Products will be pursuant to Seller's instructions. A startup that allows private homeowners to rent their swimming pools by the hour wont have to meet the same document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2023 Nexstar Media Inc. All rights reserved. Billable service time includes travel time to and from the job site and all time Seller's representatives are available for work and waiting (whether on or off the job site) to perform the services.

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