Please note that while some of the events listed on the Site may appeal to children, the Site’s Shop is not targeted at children under the age of 13, and they are not permitted to use the Site’s Shop. We strongly encourage all parents and guardians to monitor their children’s Internet use. If you use the Site’s Shop, you affirm you are at least 13 years old.
NOTICE REGARDING FUTURE CHANGES TO TERMS:
We may make changes to the Terms at any time. Any changes we make will be effective immediately when we post a revised version of the Terms on the Site. The “Last Updated” date above will tell you when the Terms were last revised. By continuing to use this Site after that date, you agree to the changes.
To the extent that these Terms differ from a prior version of the Terms which you previously agreed to, this version of the Terms supersedes and governs.
THE POND WAIVER OF LIABILITY
In consideration of being allowed to participate in any skating/sports programs and related events at The Pond, you and your participants acknowledge, appreciate, and agree that: The risk of injury from the activities involved in these programs is significant, including the potential for permanent paralysis and death, and while particular rules, equipment and personal discipline may reduce the risk, the risk of serious injury does exist. You and your participants knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of the releasees (as defined below) or others and assume full responsibility for your participation. You willingly agree to comply with any rules and regulations of the facility. If, however, you observe any unusual significant hazard in participation, you will bring such hazard to the attention of the earnest official immediately. You, for yourself, your participants, and on behalf of your heirs, assigns, personal representatives and next-of-kin, hereby release and hold harmless The Pond and their managers, officers, employees and advertisers (collectively “releasees”), with respect to any and all injury, disability, death or loss or damage to person or property, whether arising from the negligence of the releasees or otherwise. You have read the release of liability and assumption of risk agreement, fully understand its terms, and understand that you have given up substantial rights by agreeing to it freely and voluntarily without any inducement.
An inherent risk of exposure to COVID-19 exists in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness—including, without limitation, exposure to COVID-19 or any other bacteria, virus, or other pathogen capable of causing a communicable disease or illness, whether that exposure occurs before, during, or after the event, and regardless of how caused or contracted—and you hereby waive any and all claims and potential claims against The Pond (as defined in our Purchase Policy)—and against any companies affiliated with The Pond—relating to such risks, hazards, and dangers.
You may browse the Site without registering for an account. You will be required to register for an account to use certain features of the Site, such as reserving or purchasing a program slot or ticket. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar, or obscene. Your account username and password are personal to you. You will be responsible for the confidentiality and use of your username and password, and for all activities (including purchases) that are conducted through your account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user’s account without that user’s permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure, or if we receive a complaint that your username violates someone else’s rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account, or deny access to the Site for any reason.
Code of Conduct
You agree that you will comply with all applicable laws, rules and regulations, and that you will not:
Restrict or inhibit any other person from using the Site.
Use the Site for any unlawful purpose.
Express or imply that any statements you make are endorsed by us, without our prior written consent.
Impersonate any person or entity, whether actual or fictitious, including any employee or representative of our company.
Submit (a) any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any non-public information about companies without authorization; or (c) any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities, or other unsolicited commercial communication.
Submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful, or otherwise objectionable, including any posting that includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous, or desirable, or contains any personal contact information or other personal information identifying any third party.
Submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
Engage in spamming or flooding.
Harvest or collect information about Site users.
Order, or attempt to order, a number of tickets for an event that exceeds the stated limit for that event.
Use any password or code to participate in a presale or other offer on the Site if you did not receive the password or code from us, or if you violate the terms of the presale or offer.
Ownership of Content and Grant of Conditional License
The Site and all data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that reside or are viewable or otherwise discoverable on the Site, and all program slots or tickets obtained from the Site (collectively, the “Content”), are owned by us or our licensors. We own a copyright and, in many instances, patents and other intellectual property in the Site and Content. We may change the Content and features of the Site at any time.
We grant you a limited, conditional, no-cost, non-exclusive, non-transferable, non-sub-licensable license to view this Site and its Content as permitted by the Terms for non-commercial purposes only if, as a condition precedent, you agree that you will not:
Submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs, or other items of a destructive nature.
Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you submit.
Link to any portion of the Site other than the URL assigned to the home page of the Site.
“Frame” or “mirror” any part of the Site.
Modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Site, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Content.
Remove any copyright, trademark, or other proprietary rights notices contained on the Site.
Use any computer program, bot, robot, spider, offline reader, site search/retrieval application, or other manual or automatic device, tool, or process to retrieve, index, data mine, or in any way reproduce or circumvent the security structure, navigational structure, or presentation of the Content or the Site, including with respect to any CAPTCHA displayed on the Site. Operators of public search engines may use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We may revoke this exception at any time and require removal of archived materials gathered in the past.
Use any automated software or computer system to search for, reserve, buy, or otherwise obtain programs or tickets, discount codes, promotional codes, vouchers, credits, gift cards, or any other items available on the Site, including sending information from your computer to another computer where such software or system is active.
Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure.
Access, reload, or refresh transactional event, program, or ticketing pages, or make any other request to transactional servers, more than once during any three-second interval.
Request more than 50 pages of the Site in any 24-hour period, whether alone or with a group of individuals.
Make more than 20 reserve requests on the Site in any 24-hour period, whether alone or with a group of individuals.
Reproduce, modify, display, publicly perform, distribute, or create derivative works of the Site or the Content.
Reproduce or scan QR codes or tickets in a format or medium different from that provided by the Site.
Decode, decrypt, modify, or reverse engineer any tickets or underlying algorithms or barcodes used on or in production of tickets or the Site.
Use the Site or the Content in an attempt to, or in conjunction with, any device, program, or service designed to circumvent any technological measure that effectively controls access to, or the rights in, the Site and/or Content in any way including, without limitation, by manual or automatic device or process, for any purpose.
This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Ownership of Content and Grant of Conditional License section. This license exists only so long as you strictly comply with each of the provisions described in this section. Any use of the Site or Content by you or anyone acting on your behalf that does not strictly comply with each and every provision in this section exceeds the scope of the license granted to you herein, constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of the Site and Content, and infringes our copyrights, trademarks, patents, and other rights in the Site and Content. You will not acquire any ownership rights by using the Site or the Content.
The registered and unregistered trademarks, logos, and service marks displayed on the Site are owned by us or our licensors. You may not use our trademarks, logos, and service marks in any way without our prior written permission. You may inquire about obtaining permission by contacting us at email@example.com.
Please review our Purchase Policy, which (in addition to the Terms) will govern your purchase of any programs or tickets or other products through the Site, including any refunds or exchanges. We may impose conditions on your use of any coupon, promotional code, credit, or gift card. You will pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred, including any applicable taxes. You may only use credit or debit cards, gift cards, or vouchers that belong to you or to people who expressly authorize you to use such payment methods.
You may not attempt to conceal your identity by using multiple Internet Protocol addresses or email addresses, or by any other means, to conduct transactions on the Site.
You will not hold us liable if you do not comply with laws related to your transactions. We may provide law enforcement with information you provide to us related to your transactions to assist in any investigation or prosecution of you.
If we are unable to verify or authenticate any information, programs, or tickets you provide during any registration, ordering, purchase, ticket posting, sale, authentication, delivery, payment, or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your tickets may be cancelled, we may refuse to honor all pending and future ticket purchases made with those credit card or bank accounts and/or via any online accounts associated with those credit card or bank accounts. We may also prohibit you from using the Site.
Forums and User Content
We may host fan reviews, message boards, blog feeds, social media feeds, and other forums found on the Site (collectively, Forums), and you may be able to submit suggestions, reviews, concepts, audio and video recordings, photographs, artwork, or other materials to the Forums or other areas of the Site (User Content). By submitting User Content, you certify that you are at least 18 years old, or that you are at least 13 years old and have obtained your parent’s or legal guardian’s express consent to submit User Content.
You own all rights to your User Content. If you submit User Content to the Site, you grant us a worldwide, non-exclusive, transferable, sub-licensable, royalty-free right and license to use, reproduce, modify, create derivative works of, distribute, publicly perform, display, archive, and commercialize your User Content, in our sole discretion, in all formats and in all media channels now known or hereinafter discovered, without any compensation or acknowledgment to you or anyone else. This license will not affect your ownership in your User Content, including the right to grant additional licenses to your User Content, except if it conflicts with the Terms. We are not obligated to post, display or otherwise use any User Content, or to attribute your User Content to you. You will not make or authorize any claim against us that our use of your User Content infringes any of your rights.
Statements, opinions, and reviews posted by participants in a Forum may be inaccurate, offensive, obscene, threatening, or harassing. We do not endorse and are not responsible for these postings. We will not be liable for any loss or harm caused by the posting or your reliance on information obtained through the postings.
You will be responsible for your User Content and the consequences of posting it. By submitting User Content, you represent to us that (a) you own, or have the necessary permission to submit the User Content and to grant the licenses to us under this section, and (b) you have the written permission of every identifiable person in the User Content to use that person’s name and likeness in the manner contemplated by the Site and the Terms or, if the person is a minor, the written permission of the minor’s parent or legal guardian.
We will have the right (but not the obligation) to monitor the Site, the Forums, and the User Content, and to disclose any User Content and the circumstances surrounding its submission in order to operate the Site properly, or to protect ourselves, our sponsors, and our users, or to comply with legal obligations or governmental requests.
If we are notified that your User Content does not comply with the Terms, we may investigate the allegation and may decide to remove your User Content and cancel your account. We may also hold you liable for any User Content that infringes the rights of a third party and require you to pay or reimburse us for any amounts we believe are necessary to resolve any complaint.
Claims of Copyright Infringement on the Site
Under the Digital Millennium Copyright Act of 1998 (the DMCA), if you believe in good faith that any content on the Site infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent’s) physical or electronic signature; (b) identification of the copyrighted work on our Site that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Site; (d) your name, address, telephone number, and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at www.copyright.gov.
Notices and counter-notices should be sent to The Pond by emailing firstname.lastname@example.org. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice.
It is our policy to terminate, in appropriate circumstances, repeat infringers’ access rights to the Site.
We cannot prohibit minors from visiting our Site and must rely on parents and guardians to decide what materials are appropriate for children to view and purchase. There are parental control protections (such as computer hardware, software, or filtering services) available that may assist you in limiting access to material that is harmful to minors. You can find information about parental controls at www.onguardonline.gov. We do not endorse the products or services listed at that website.
Access from Outside the United States
The Site is directed to people residing in the United States. We do not represent that Content available on or through the Site is appropriate or available in other locations. We may limit the availability of the Site or any service or product described on the Site to any person or geographic area at any time. If you choose to access the Site from outside the United States, you do so at your own risk.
Rules for Sweepstakes, Contests and Games
In addition to the Terms, sweepstakes, contests, games, or other promotions (collectively, “Promotions”) made available through the Site may have specific rules that are different from the Terms. By participating in a Promotion, you will become subject to those rules. We urge you to review the rules before you participate in a Promotion. Promotion rules will control over any conflict with the Terms, except in all instances the arbitration agreement and class action waiver set forth in Section 17, below, will control and apply.
We may offer browsing and mobile messaging services which may include alerts, Promotions, and offers for products. You may choose to receive mobile alerts by signing up or participating in a Promotion. If you do, you authorize us to use automated technology to send messages to the mobile phone number you supply when you sign up. Your consent to receive mobile communications is never required in order to purchase something from us.
Message and data rates may apply, according to your rate plan provided by your wireless carrier. We will not be responsible for any text messaging or other wireless charges incurred by you or by a person who has access to your wireless device or telephone number. You may not receive our alerts if your carrier does not permit text alerts. Your carrier may not allow you to use pre-paid phones or calling plans to receive alerts. We may send you a bounce back message for every message you send to us. Service may not be compatible with all wireless carriers or devices.
You may opt out of any alerts by replying to an alert with the text message “STOP” or by sending the text message “STOP” to the shortcode provided. If you opt out by sending us a text message, we will send you a text to confirm your request. If you do not want to receive a confirmation text message, you may opt out by sending an email to email@example.com with your request and mobile device number. It may take us up to 10 days to remove your mobile device number from our database. For additional help, text “HELP” to the shortcode provided, or email firstname.lastname@example.org.
You authorize your wireless carrier to disclose information about your account, such as subscriber status, payment method, and device details, if available, to support identity verification, fraud avoidance, and other uses in support of transactions for the duration of your business relationship with us. Information may also be shared with other service providers to further support identity verification and fraud prevention.
We are not responsible for the accuracy of any information displayed in our mobile messaging, for any misdelivery or untimely delivery of any mobile messaging, or for your deletion of or failure to store any mobile messaging from us.
Mobile Device Application
If you install or use our mobile application, software, and services, including any accompanying documentation (collectively, the “App”), we grant you a limited right to install and use the App on a single authorized device located in the United States and its territories, or in another country where we may offer the App. You may use the App for your personal, non-commercial, and entertainment purposes only. We do not grant you any rights to any related documentation, support, upgrades, maintenance, or other enhancements to the App. We will not provide you with any device, internet access, or wireless connection to use the App. We are not responsible for any interaction between you and another App user, or information you transmit through the App (including your location).
Violation of the Terms
We may investigate any violation of the Terms, including unauthorized use of the Site. We may provide law enforcement with information you provide to us related to your transactions to assist in any investigation or prosecution of you. We may take legal action (consistent with Section 17, below) that we feel is appropriate. You agree that monetary damages may not provide us a sufficient remedy, and that we may pursue injunctive or other relief for your violation of the Terms. If we determine that you have violated the Terms or the law, or for any other reason or for no reason, we may cancel your account, delete all your User Content, and prevent you from accessing the Site at any time without notice to you. If that happens, you may no longer use the Site or any Content. You will still be bound by your obligations under the Terms. You agree that we will not be liable to you or any third party for termination of your access to the Site or to your account or any related information, and we will not be required to make the Site or your account or any related information available to you. We may also cancel any ticket or merchandise order, and tickets or merchandise acquired through your order. We may refuse to honor pending and future purchases made from all accounts we believe may be associated with you, or cancel a ticket, program, or ticket order associated with any person we believe to be acting with you, or cancel your ticket postings, or exercise any other remedy available to us.
Disclaimer of Warranties
We provide the site and the content to you “as is” and “as available”. We try to keep the site up, bug-free, and safe, but you use it at your own risk. To the fullest extent permissible by law, and to the extent that applicable law permits the disclaimer of express or implied warranties, we disclaim all warranties, express or implied, including any warranty of title, non-infringement, accuracy, merchantability, fitness for a particular purpose, or warranties that may arise from course of dealing or course of performance or usage of trade. We do not guarantee that the site will always be safe, secure, or error-free, or that the site will always function without disruptions, delays, or imperfections. We are not responsible for the actions or information of third parties, and you release us from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. If you are a california resident, you waive california civil code § 1542, which says: a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
Limitation of Liability
In no event will we or our event organizers, suppliers, advertisers, and sponsors, be responsible or liable to you or anyone else for, and you hereby knowingly and expressly waive all rights to seek, direct, indirect, incidental, special, or consequential damages of any type, and any rights to have damages multiplied or otherwise increased, arising out of or in connection with the site, the content, or any product or service purchased through the site, even if we have been advised of the possibility of such damages, and regardless of whether the claim is based upon any contract, tort, or other legal or equitable theory. Without limiting the foregoing, you expressly acknowledge and agree that we will have no liability or responsibility whatsoever for (a) any failure of another user of the site to conform to the codes of conduct, (b) personal injury or property damage, of any nature whatsoever, whether arising in contract or in tort, resulting from your access to and use of our site, (c) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (d) any bugs, viruses, worms, trojan horses, defects, date bombs, time bombs, or other items of a destructive nature which may be transmitted to or through our site, (e) any errors, mistakes, inaccuracies, or omissions in any content, or (f) any lost, stolen, or damaged tickets, or the failure of a venue to honor a ticket. Your sole and exclusive remedy for dissatisfaction with the site is to stop using the site. The limitations in this section will apply even if any limited remedy fails of its essential purpose. The allocation of risk between us is an essential element of the basis of the bargain between us. Our aggregate liability arising out of the terms or the use of the site will not exceed the greater of one hundred dollars ($100) or the amount you have paid us in the past twelve months. In no event will attorneys’ fees be awarded or recoverable. Our liability will be limited under this paragraph to the fullest extent permitted by applicable law, and the provisions of this paragraph will not apply to the extent applicable law permits the recovery of damages, attorneys’ fees, or costs otherwise prohibited under this paragraph. The provisions of this paragraph that (a) prohibit damages to be multiplied or otherwise increased, (b) impose a damages limitation of the greater of one hundred dollars ($100) or the amount you have paid us in the past twelve months, and (c) prohibit the recovery of attorneys’ fees and costs, do not apply in certain states, including without limitation new jersey, to claims brought under statutes permitting such recovery.
If anyone brings a claim against us related to your use of the Site, the Content, your User Content, or your violation of the Terms, you agree to indemnify, defend, and hold us and our affiliated companies, Event Organizers, suppliers, advertisers, and sponsors, and each of our officers, directors, employees, and agents, harmless from and against any and all claims, damages, losses, and expenses of any kind (including reasonable legal fees and costs). We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.
Mandatory Arbitration Agreement and Class Action Waiver
You and we each agree that, except as provided below, any dispute, claim, or controversy relating in any way to the terms, your use of the site, or products or services sold, distributed, issued, or serviced by or through us—irrespective of when that dispute, claim, or controversy arose—will be resolved solely by binding, individual arbitration as set forth in the terms, rather than in court. You and we thereby each agree to waive any right to a jury trial, and agree that you and we may bring claims against each other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
Exceptions. The arbitration agreement and class action waiver set forth in this Section 17 shall be subject to these limited exceptions:
You may assert claims in small claims court if your claims apply.
Unless applicable law provides otherwise, the arbitration proceeding and all records pertaining to it—including but not limited to any documents prepared or produced in connection with the arbitration proceeding, as well as the hearing and the arbitration award—will be confidential and will not be disclosed to any third party, except as necessary to obtain court confirmation of the arbitration award.
It is our belief that the Terms do not contain any provision contrary to law. However, if any part of the Terms is determined to be illegal, invalid, or unenforceable, you agree that: (a) that part shall nevertheless be enforced to the extent permissible in order to effect the intent of the Terms, and (b) the remaining parts shall be deemed valid and enforceable.
If you have any questions, comments, or complaints regarding the Terms or the Site, please contact us at:
Attn: Elisa Nash
9999 E. Washington Street
Chagrin Falls, Ohio 44023