Terms of service

1. Parties. The Parties to these Terms of Use (“Terms”) are You, the viewer or customer of the site or purchaser of the product(s), and Us, the owner and operator of this website, The Pod Company (“The Pod Company”). All references to “we,” “us,” “this website,” or “this site” shall be construed to mean The Pod Company.
   
   
2. Modification to Terms. We reserve the right to modify these Terms of Use at any time, and without prior notice, by posting an amended Terms of Use that is always accessible through the Terms of Use link at the bottom of this site’s pages. You should check these Terms of Use periodically for modifications.
   
   
3. NOTICE OF ARBITRATION: Please read the following Terms of Service carefully as they affect your legal rights.  These Terms of Service contain a binding arbitration provision set forth below in Section 20.  Except where prohibited by applicable law, these Terms of Service require you to arbitrate disputes with us rather than resolve disputes through a judge or jury trial, or any court proceedings, or class actions of any kind.  By accessing, or using the Services, you hereby waive any and all rights to initiate or participate in any class action lawsuit or representative action with respect to any disputes or claims arising out of or relating to these Terms of Service or the Services.
   
   
4. Age Restrictions. You represent that you are the age of majority or older in your state or province of residence, or that you are the age of majority in your state or province of residence and have given us your consent to allow your minor dependent(s) to use this site.
   
   
5. No Illegal or Unauthorized Use. You may not use this site or our products for any illegal or unauthorized purposes. Your use may not violate any laws in your jurisdiction, including any country, federal, state, or local laws. A breach or violation of any Terms will result in an immediate termination of your Services.
   
   
6. General Restrictions. We reserve the right to refuse Service to anyone for any reason at any time.
   
   
7. Use and Restrictions; Website Security. Subject to these Terms of Use and our Privacy Policy, you may use the public areas of this site, but only for your own internal purposes. You agree not to access (or attempt to access) the public areas of this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement.
   
   You are prohibited from violating or attempting to violate the security of the Site, including, but not limited to, (a) accessing data not intended for such user, (b) logging onto a server you are not authorized to access, (c) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (d) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law, (e) reselling, sublicensing, transferring, assigning, or distributing this site, (f) modify or make derivative works based on the site or (g) “frame” or “mirror” the site, its services or content on any other server or Internet-enabled device. All rights not expressly granted in this Agreement are reserved by us and our licensors.
   
   Furthermore, you may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass any measures we may use to prevent or restrict access to the Site. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working on this Site.
   
   We take network security violations seriously. Violations may result in civil or criminal liability. IcePod will investigate occurrences that may involve such violations and may involve, or cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
   
   
8. Monitoring. We reserve the right, but not the obligation, to monitor your access and use of this website without notification to you.  We may record or log your use in a manner as set out in our Privacy Policy. You may access our Privacy Policy through the link on this site’s home page.
   
   You understand that your content (including credit card information) may be transferred without encryption and could involve (a) transmissions over various networks; or (b) changes to conform or adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer across networks.
   
   
9. Copyright Ownership. You agree not to reproduce, duplicate, copy, sell, resell or exploit ANY portion of the Service or this Site without express written permission by us.
   
   The Materials on this Site are the sole and exclusive property of The Pod Company. You may view or download these Materials for your personal use only. You agree that you have no right, title, interest, or claim to the Materials. You may not sell, lend, lease, assign, distribute, or otherwise transfer these materials to another person or entity. You may not copy, reverse engineer, modify or create derivative works based on the Materials. If you transfer a copy of the Materials (or any portion thereof) to another party, your right to use the materials is automatically terminated.
   
   If we provide downloadable content, you may download such copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of The Pod Company and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
   
   
10. Products or Services; Quality and Quantity. Certain products or Services may be available exclusively online through our website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy. We have made every effort to accurately display the colors and images of our products. We cannot guarantee that your computer, phone, or other device’s monitor's display of any color will be accurate. We are not responsible for any discrepancies you might believe are present between the actual product and any website pictures. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.
    
    We reserve the right to limit the sales of our products or Services or the quantities thereof to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited. We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. You rely on the information contained on our website at your own risk.
    
    
11. Protects or Services; Pricing. Prices for our products are subject to change without any notice, at any time. We may also modify or discontinue the Service without any notice, at any time. We shall not be liable to you or any third-party for a modification, price change, suspension or discontinuance of the Service. We do not offer refunds if a product you purchased later drops in price, nor do we price match with any other site.
    
    
12. Billing and Other Account Information. We may require you to provide information about yourself in order to register for and/or use certain Services or buy our products. We reserve the right to refuse to fulfill any order you may place with us, for any reason, including refusing multiple orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We also reserve the right to modify, limit, or even cancel your order as we see fit. In the event we make a change to your order, we may attempt to notify you through the email and/or billing address/phone number provided by you at the time the order was made. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors or for any other reason as we see fit.
    
    You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more details, please review our Refund Policy.
    
    
13. User Comments, Feedback or Other Submissions. If, at our request, you send certain specific submissions (for example, contest entries) or independently decide to send us any creative ideas, suggestions, proposals, plans, or other materials, whether online, by email or postal mail, or in any other manner (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate or otherwise use in any medium any comments that you forward to us. We are under no obligation to keep your comments confidential, to pay you compensation for any comments, or to respond directly to any of your comments.
    
    We may monitor, edit or even remove Comments that we determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or objectionable in our sole opinion. This also includes if the comments violate any party’s intellectual property or these Terms.
    
    You agree that your comments will not fall into any of the above categories, nor will they contain any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or a third party as to the origin of any comments. You are solely responsible for any comments you make, including their accuracy.
    
    
14. Dangerous Activity. It is important you read the instructions carefully and thoroughly to ensure you are setting up and using the products correctly. Incorrect set-up could result in harm or injury to the user, including electrocution or even death. Incorrect use could result in hypothermia or drowning. Incorrect maintenance could result in property damage to the surrounding area of the product. It is your responsibility to ensure all proper safety measures are being observed when using this product. We assume no responsibility and will not be liable for any claims or subsequent damages arising from any property or personal damages coming from your use of our products. No advice or information, written or oral, obtained from us or through our platform will create any warranty not expressly made herein.
    
    
15. Opinions. The information presented on this Site is for the promotion and advertising of The Pod Company's products only.
    
    
16. No Guarantees. IcePod cannot guarantee that any of the information continued on our Site or in our Downloadable Content is correct, accurate, complete, or up to date. You should not act or rely on any information in these materials without seeking the advice of a professional. IcePod disclaims any responsibility for the misuse or misinterpretation of information contained in these Materials. It is your responsibility to follow any and all applicable state, federal or international laws and follow proper safety precautions.
    
    
17. Optional Tools. We may provide you with access to third-party tools which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). You acknowledge and agree that we are under no obligation to become involved in or impose resolution in any dispute between or among you and a Third-Party site that offers such tools. You are responsible for any actions or attorney or court fees that may arise from such disputes. We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
    
    
18. Disclaimer of Warranty; Limitation of Liability. Please read this section carefully as it affects your legal rights!
    

    Our Products are provided on an “as is” basis. We, our affiliates, officers and employees, to the full extent permitted by law, give no guarantee, representation, undertaking or warranty, whether express or implied, written or verbal, statutory or otherwise, in respect of the merchantability, quality or fitness for a particular purpose of any Product, save as set out in our Warranty

    To the extent permitted by law, you agree that we shall not be responsible for any demands, loss, liability, claims, damage, costs or expenses (including the fees of any investigations and legal service providers), whether direct, indirect, incidental or consequential, suffered by you or anyone else arising from any:

    a) modification to the Product that has not been authorized by us in writing;

    b) use of the Product that is not in accordance with our instructions and guidelines;

    c) use of the Product in a manner that is not how it would be reasonably used; and/or

    d) breach or violation of or failure to comply with these Terms, or any terms incorporated herein.

    To the extent permitted by law, you agree to fully indemnify and hold us, our officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, affiliates, and contractors, harmless from any demands, loss, liability, claims, damage, costs or expenses (including the fees of any investigations and legal service providers), whether direct, indirect, incidental or consequential, arising out of or in connection with your:

    a) modification to the Product that has not been authorized by us in writing;

    b) use of the Product that is not in accordance with our instructions and guidelines;

    c) use of the Product in a manner that is not how it would be reasonably used; and/or

    d) breach or violation of or failure to comply with these Terms, or any terms incorporated herein.

    To the extent permitted by law, we shall not be responsible to you for any indirect, consequential, collateral, special, punitive or incidental loss or damage, or losses that are not reasonably foreseeable at the time of your order.

    Our Products are solely for domestic or personal use, and you agree not to use them for any commercial, business or resale purposes. Should you do so, we shall not be responsible for any economic losses you may suffer including but not limited to loss of profits, loss of business, business interruption or loss of business opportunity. Nothing in these Terms is meant to exclude or limit in any way our liability to you where such liability cannot be excluded or limited by applicable law. 

    
    
19. No Liability. The Pod Company disclaims any and all responsibility for any liability incurred by any individual as a result of using the information contained on this site. You use this website AT YOUR OWN RISK.
    
    
20. Services Subject to State Law. The Pod Company operates subject to the laws of the United States of America.

Governing law and dispute resolution.

LEGAL DISPUTES; AGREEMENT TO ARBITRATE

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION, CLASS ACTION WAIVER, JURY TRIAL WAIVER, AND CONTRACTUAL LIMITATIONS PERIOD. 

YOU AND THE POD COMPANY EACH ACKNOWLEDGE THAT THE TERMS IN THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING THEIR DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF ANY PARTY’S CLAIMS.

ANY DISPUTE, CLAIM OR CONTROVERSY (THAT IS NOT RESOLVED INFORMALLY AS SET FORTH BELOW) BETWEEN YOU AND THE POD COMPANY, ITS AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, PRINCIPALS, SUCCESSORS, ASSIGNS, SUBSIDIARIES OR AFFILIATES (COLLECTIVELY FOR PURPOSES OF THIS SECTION, 'THE POD COMPANY') (EACH, A “PARTY” AND TOGETHER THE “PARTIES”) ARISING FROM OR RELATING IN ANY WAY TO: (1) THESE TERMS OF SERVICE; (2) YOUR VISIT TO OR USE OF THE SITE; (3) ANY PURCHASE, TRANSACTION, RETURN OR OTHER INTERACTION WITH THE POD COMPANY; (4) OUR ADVERTISING OR MARKETING; OR (5) OUR PRIVACY AND DATA SECURITY PRACTICES, WHETHER IN CONTRACT, TORT, WARRANTY, STATUTE, REGULATION, OR OTHER LEGAL OR EQUITABLE BASIS (COLLECTIVELY, “COVERED DISPUTES”) WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT. COVERED DISPUTES SHALL BE INTERPRETED BROADLY, AND SHALL INCLUDE WITHOUT LIMITATION:

CLAIMS THAT AROSE BEFORE THIS OR ANY PRIOR AGREEMENT; AND CLAIMS THAT WOULD OTHERWISE BE SUBJECT TO PRE-EXISTING CLASS ACTION LITIGATION FOR WHICH YOU MAY BE A PUTATIVE CLASS MEMBER.

Notwithstanding the provisions herein, if you in any manner violate The Pod Company’s intellectual property rights, we may bring a suit in any state or federal court in the State of Florida. Additionally, notwithstanding the provisions herein, either you or The Pod Company may bring a Covered Dispute in small claims court consistent with the jurisdictional and dollar limits that may apply. The route to small claims court shall only be the result of a direct filing by you or The Pod Company. As set forth below, a Covered Dispute commenced in arbitration may not be secondarily directed to small claims court per otherwise applicable rules.

THIS ENTIRE SECTION 31 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, THESE TERMS, THE PARTIES’ RELATIONSHIP, OR THE END OF YOUR USE OF ANY SERVICES.

Mandatory Informal Dispute Resolution for all Covered Disputes

If you have a Covered Dispute against The Pod Company or if The Pod Company has a Covered Dispute against you, before formally pursuing a Covered Dispute in arbitration, you and The Pod Company agree to first attempt to resolve the Covered Dispute informally to try to resolve the Covered Dispute faster and reduce costs for both Parties. You and The Pod Company agree to engage in good faith pre-suit/pre-arbitration discussions for a period of no less than sixty (60) days (“Informal Dispute Resolution”). During that time, the Parties will communicate directly with each other about any Covered Dispute and attempt to resolve it without initiating an arbitration. The foregoing process shall be referred to herein as the “Informal Resolution Process.” 

To commence the Informal Resolution Process, You or The Pod Company agree to first send a detailed notice (“Notice”) to the other describing the facts and circumstances of the Covered Dispute and the specific relief sought and including any supporting documentation. Your Notice must be sent to The Pod Company by email at hello@podcompany.com. If The Pod Company has a dispute with you, The Pod Company agrees to first send a detailed Notice to your e-mail address on file with us. 

The Informal Resolution Process is intended to allow the party who has received a Notice to make a fair, fact-based offer of settlement if it chooses to do so. The statute of limitations and any filing-fee deadlines for a Covered Dispute shall be tolled for the duration of the Informal Resolution Process. Should The Pod Company request a telephone conference with you to resolve your Covered Dispute as part of this Informal Resolution Process, you agree to personally participate (with your counsel if you are represented). 

Compliance with and completion of this Informal Resolution Process and expiration of the sixty (60) day period is a condition precedent to filing any demand for arbitration or otherwise initiating a lawsuit. You and The Pod Company agree that any action commenced in arbitration or court without first exhausting the Informal Resolution Process shall be defective and subject to dismissal at the cost of the Party found to have prematurely commenced the action. 

Class Action Waiver; Jury Trial Waiver

YOU AND The Pod Company AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTION, INCLUDING ANY JOINT OR CONSOLIDATED LAWSUIT OR JOINT OR CONSOLIDATED ARBITRATION OF ANY KIND. Additionally, you agree that you will not be a member of any putative or actual class in a class action brought by anyone else against The Pod Company, nor will you seek to become a class representative. You further agree that in any action you initiate against The Pod Company, any relief you seek will be confined to relief on your own behalf. Except as the Terms of Service otherwise provide and to the fullest extent permitted by law, you and The Pod Company acknowledge and agree that you are each waiving the right to a trial by jury and to the litigation of disputes in state or federal courts of general jurisdiction.

Together, the terms in the preceding paragraph shall be called and operate as the “Class Action Waiver.”

Initiating Arbitration and Arbitration Rules

You and The Pod Company agree that CLAIMS SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT. This requirement, and the related terms that follow, shall be referred to as the “Arbitration Clause.”  

The Federal Arbitration Act and federal arbitration law shall apply to this agreement. By consenting to arbitration, you and The Pod Company do not limit in any way either Party’s statutory or common law rights or potential remedies to which either Party would be entitled were the claim being heard in a court. 

Any arbitration between you and The Pod Company shall be administered by National Arbitration and Mediation (“NAM”) in accordance with NAM’s operative Comprehensive Dispute Resolution Rules and Procedures (the “NAM Rules”) in effect at the time any demand for arbitration is filed with NAM, as modified by this Legal Disputes Section. For a copy of the NAM Rules, please visit https://www.namadr.com/resources/rules-fees-forms or contact NAM at NAM’s National Processing Center at 990 Stewart Avenue, 1st Floor, Garden City, NY 11530 and email address commercial@namadr.com. You and The Pod Company empower the arbitrator(s) with the exclusive authority to resolve any Covered Dispute relating to the interpretation, applicability or enforceability of these Terms or the formation of this contract, including the arbitrability of any Claim that all or any part of these Terms are void or voidable. The arbitrator shall determine in accordance with the applicable rules, without limitation, all issues regarding filing fees, form of pleadings, procedures for payment, locale, seat, arbitrator selection and disclosures, exchange of information, presentation of evidence, and criteria for any Arbitration Demand, Answer, and other claims. The arbitrator shall issue a reasoned award.

Special Additional Procedures for Mass Arbitration

To the extent an arbitration falls within the NAM’s definition of a Mass Arbitration, you and The Pod Company agree that these additional procedures shall apply, along with the applicable NAM Rules. Counsel for the individuals and counsel for The Pod Company shall each select 10 cases per side (20 cases total) to be filed in and proceed in arbitration as part of the first stage in a staged process. Each case shall be assigned to a separate and different arbitrator, unless the Parties agree otherwise. Any remaining Covered Disputes shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those Covered Disputes unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled from when the Informal Resolution Process is initiated (so long as the pre-arbitration Notice complies with the requirements herein), until a given Covered Dispute is selected to proceed as part of the staged process herein, or is settled, withdrawn, or otherwise resolved. 

After this initial set of staged proceedings is completed, the Parties shall promptly engage in a global mediation session of all remaining Covered Disputes with a retired federal or state court judge and The Pod Company shall pay the mediator’s fee. If the remaining Covered Disputes are not resolved at this time, the Parties will continue the same staged process, as set forth in this Special Additional Procedures for Mass Arbitration section, by arbitrating a maximum of 30 individual Covered Disputes at a time (15 Covered Disputes selected by each Party), until the Parties are able to resolve all of the Covered Disputes, either through settlement or arbitration.

A court of competent jurisdiction shall have the authority to enforce this entire Dispute Resolution section and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these additional procedures apply to your Covered Dispute, and a court of competent jurisdiction determines that they are not enforceable as to your Covered Dispute, then your Covered Dispute shall proceed in a court of competent jurisdiction sitting in either Miami-Dade County or Broward County in the State of Florida, consistent with the remainder of these Terms of Service.

Time Limits

To the fullest extent permitted by applicable law, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY CLAIM MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, THAT CAUSE OF ACTION IS PERMANENTLY BARRED. For purposes of this provision, a Covered Dispute is considered commenced at the time the Notice in the Informal Dispute Resolution section is sent, as defined below. To the extent a Covered Dispute is filed arbitration or court without first providing such notice (which would be contrary to these Terms of Service, as set forth herein), the Covered Dispute is deemed commenced at the time of such filing.

Governing Law

In any arbitration, the Terms of Service shall be governed by, construed and enforced in accordance with the laws of the state of Florida, without giving effect to any conflict of law provisions. 

To the extent this Section 31 does not apply, normal conflict of law procedures shall apply, and any Covered Dispute shall be resolved exclusively by an appropriate federal or state court sitting in either Miami-Dade County or Broward County in the State of Florida.

20. Indemnity. You agree to defend, indemnify, and hold IcePod harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by IcePod arising out of your breach of these Terms of Use or violation of applicable law, or access by anyone accessing the Site.

21. Links to This Site. The Pod Company grants you a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this site so long as the link does not portray The Pod Company or its products or services in a false, misleading, derogatory, or offensive manner. You may not use the The Pod Company logo, trademark, or name or trademarks, or other proprietary graphic in the link without the prior written permission of The Pod Company.

22. Links to Third Party Websites. The Pod Company does not review or control third party websites that link to or from this site, is not responsible for their content, and does not represent that their content is accurate or appropriate. Your use of such third party sites is on your own initiative and at your own risk and may be subject to the other sites’ terms of use.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. By using our site, you understand and agree that any legal remedy or liability that you seek to obtain for actions or omissions of other third party sites will be limited to a claim against those particular third-party sites. You agree not to attempt to impose liability on or seek any legal remedy from us with respect to such actions or omissions.

23. Accuracy and Integrity of Information. While The Pod Company attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies, out of date pricing or information, or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. Information contained on the Site may be changed or updated without notice.

Please consult a medical professional before relying on any information presented on this Site or before using any of the Products. Any reliance on the material in this site is at your own risk, and we bear no responsibility for any damages that may arise from your reliance on such material.

24. Severability.  If any term or other provision of these Terms of Use are invalid, illegal or incapable of being enforced by any rule of law, or public policy, all other terms and conditions herein shall nevertheless remain in full force and effect.

25. Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond their reasonable control and without their fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.

26. Privacy. Please review this site’s Privacy Policy which also governs your visit to this site.

27. Entire Agreement. The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms and any other policies or rules posted by us on this Site constitutes the full understanding between us and supersedes any prior Terms.

28. Contact Information. If you have any questions about these Terms, please send an email to us at hello@podcompany.com. You may also send postal mail to us at: 8 The Green STE R,Dover, DE 19901, USA. Thanks!

29. SMS consent By consenting to ThePodCompany’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply. We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service. Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.

30. Products Warning, Child Supervision, Outdoor Use, and Liability Disclaimer

The use of the The Pod Company and any associated products on this website can be dangerous and must be approached with extreme caution. The Pod Company strongly advises against the use of the IcePod and associated products without proper supervision and safety measures in place. It is essential to ensure that children are closely monitored and kept away from any body of water where the IcePod or associated products are being used.

Furthermore, it is essential to use the IcePod and associated products only in outdoor settings to prevent flooding and damage to indoor property. The user assumes all responsibility for the use of the IcePod and associated products and any damages or consequences that may result from their use. The Pod Company will not be held liable for any injury, death, damages, or misuse resulting from the use of the IcePod and associated products, Including The Water chiller (The Pod Chiller).

The IcePod and associated products have the potential to lead to drowning if not used properly, and it is crucial to read and follow all safety instructions and warnings provided with each product. By using the IcePod or any associated products on this website, you agree to release The Pod Company from any and all liability, claims, or damages arising from the use or misuse of the products. You acknowledge that the use of the IcePod and associated products is at your own risk and that you have read and understand the terms of this agreement. If you do not agree to these terms, do not use the products.

31. Mystery Gift Terms and Conditions

1. Eligibility

• Every customer who places an order and provides a valid email address at the pop-up is eligible to receive one (1) free mystery gift.

• The mystery gift is a scratch card, which will be included physically in the package and dispatched along with the order.

• Limited to one scratch card per order, regardless of item quantity.

2. The Mystery Gift

• Each physical scratch card includes a concealed prize that can be revealed by scratching the indicated panel.

• Scratch cards are randomly assigned and securely packaged. The Company is not responsible for damage to cards incurred during transit.

3. Prizes and Odds

The available prizes and odds of winning are as follows:

• Total number of scratch cards printed: 50,000.

• Odds are based on the entire print run and may not reflect odds at the time of your purchase due to depletion.

4. Prize Redemption

• Store Credit Prizes: Revealed codes can be redeemed at checkout on a future purchase and are valid for 12 months from initial purchase.

• Chiller Prize: If your scratch card reveals a Chiller win, follow the instructions on the card to claim your prize. No additional purchase or payment is required to receive the Chiller. It must be claimed within 12 months of the initial purchase after which it may become void.

• All prizes are non-transferable and cannot be exchanged for cash or substituted unless expressly stated.

5. Conditions of Participation

• Scratch cards are only available while supplies last and may not be replaced if lost or damaged after delivery.

• Orders must contain a valid email address at the time of purchase to be eligible.

• The Company reserves the right to cancel or modify the promotion at any time and to disqualify any participant suspected of tampering, fraud, or abuse.

6. Limitation of Liability

• The Company is not responsible for any postal or courier delays or damage during shipping.

• We are not liable for any loss of prize eligibility due to customer error, including incorrect addresses or missing email information.

• Any tax liability resulting from prize acceptance is the sole responsibility of the recipient.

7. Privacy

• By participating, you consent to the use of your email address for prize fulfillment and promotional updates in accordance with our Privacy Policy.

For any questions, please contact us at hello@podcompany.com for more information.

32. Terms & Conditions – Sauna Pod / Pod Chiller Giveaway

Promoter: The Pod Company
Address: 8 The Green, Suite R, Dover, Delaware 19901, United States

1. Eligibility

Entry is open to residents of the United States aged 18 years or over.

Employees of The Pod Company, its affiliates, or immediate family members are not eligible to enter.

2. Giveaway Period

Entries open at the time of announcement.

The giveaway closes 14 days after launch (09/10/2025).

Entries received after the Closing Date will not be counted.

3. How to Enter

Eligible participants must follow the entry instructions provided in the giveaway promotion.

No purchase is necessary to enter.

One entry permitted per individual.

4. Prize

Each winner will receive one (1) Sauna Pod, valued at USD $999. or (2) Pod Chiller + Ice Pod Pro, valued at $1197 and $199

There are a total of 5 prizes available per competition.

The prize is non-transferable, non-exchangeable, and cannot be redeemed for cash or credit.

The Promoter reserves the right to substitute the prize with another of equal or greater value if circumstances beyond its control make it necessary to do so.

5. Draw & Winner Notification

The draw will take place 14 days from the Closing Date using a random electronic selection method.

Winners will be notified via the contact details provided at entry within 7 days of the draw.

If a winner does not respond within 14 days of notification, the prize may be forfeited and a new winner selected.

6. Delivery of Prizes

Prizes will be shipped free of charge within the United States.

The Promoter accepts no responsibility for lost, delayed, or damaged deliveries once dispatched.

7. Publicity

By entering, participants consent to the use of their name, likeness, and entry for promotional purposes in any media without further payment or consideration, unless prohibited by law.

8. General Conditions

The Promoter reserves the right to cancel, suspend, or amend the giveaway where it becomes necessary to do so.

The Promoter is not responsible for entries that are incomplete, misdirected, lost, or delayed.

By entering, participants agree to be bound by these Terms & Conditions.

9. Limitation of Liability

To the extent permitted by law, The Pod Company shall not be liable for any loss, damage, or injury suffered or sustained as a result of participating in the giveaway or accepting a prize.

10. Governing Law

These Terms & Conditions are governed by the laws of the State of Delaware, United States.

Any disputes will be subject to the exclusive jurisdiction of the courts of Delaware.