Terms of Service

ItsCoastal

Terms of Use Agreement

Last Updated: November 7, 2017

 

Welcome to ItsCoastal, a platform operated by ItsCoastal International, Inc. (“ItsCoastal,” “us,” and “we”)! ItsCoastal provides an online service designed to allow users to offer or book adventures and activities, and buy, rent, or sell yachts throughout the world, earning Coastal Dollars along the way.

PLEASE READ THIS TERMS OF USE AGREEMENT (“AGREEMENT”) CAREFULLY.  THIS WEBSITE AND ANY OTHER WEBSITES OF ITSCOASTAL, ITS AFFILIATES OR AGENTS (COLLECTIVELY, THE “WEBSITE”) AND THE INFORMATION ON IT ARE CONTROLLED BY ITSCOASTAL.  THIS AGREEMENT GOVERNS THE USE OF THE WEBSITE AND APPLIES TO ALL USERS VISITING THE WEBSITE. BY ACCESSING OR USING THE WEBSITE IN ANY WAY, COMPLETING THE REGISTRATION PROCESS AND/OR BROWSING THE WEBSITE OR DOWNLOADING ITSCOASTAL’S MOBILE APPLICATION (THE “APPLICATION”), INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE AND APPLICATION (EACH A “SERVICE” AND COLLECTIVELY, THE “SERVICES”),  YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH COMPANY, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE AGREEMENT PERSONALLY OR ON BEHALF OF  THE COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THE TERMS OF USE.  THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE WEBSITE.  IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.

PLEASE BE AWARE THAT SECTION 21 OF THIS AGREEMENT, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION.  UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.  

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION.  THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.

Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service.  If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service.  All Supplemental Terms are hereby incorporated into the Agreement by reference.

PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY ITSCOASTAL IN ITS SOLE DISCRETION AT ANY TIME.  When changes are made, ItsCoastal will make a new copy of the Terms of Use available at the Website and within the Application and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website or within the Application.  We will also update the “Last Updated” date at the top of the Terms of Use.  If we make any material changes, and you have registered with us to create an Account (as defined in Section 3.1 below), we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms.  Any changes to the Terms will be effective immediately for new Users of the Website, the Application and/ or Services and will be effective thirty (30) days after posting notice of such changes on the Website for existing Users, provided that any material changes shall be effective for Users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes on the Website or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users (defined in Section 3.1 below).  ItsCoastal may require you to provide consent to the updated Terms in a specified manner before further use of the Website, the Application and/ or the Services is permitted.  If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website, the Application and/or the Services.  Otherwise, your continued use of the Website, the Application and/or Services constitutes your acceptance of such change(s).  PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.

 

  • How the ItsCoastal Services Work. The Services may be used to facilitate the listing and booking of accommodations (“Accommodations”) and/or events and activities (“Activities”).  We make our Services available as an online platform or marketplace for users who list Accommodations or Activities (“Listing Parties”) to connect with users who want to book Accommodations and/or Activities (“Booking Parties”) and make arrangements directly with each other.  ItsCoastal is not an owner or operator of properties, including hotel rooms, motel rooms, or other lodgings or accommodations, nor is it a provider of properties or activities.  We do not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties or activities, or transportation or travel services.  Our responsibilities are limited to facilitating the availability of the Services.

 

PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICES ARE INTENDED TO BE USED TO FACILITATE LISTING PARTIES AND BOOKING PARTIES CONNECTING AND BOOKING ACCOMMODATIONS AND/OR ACTIVITIES DIRECTLY WITH EACH OTHER. ITSCOASTAL CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY, SAFETY, OR SUITABILITY OF ANY ACCOMMODATIONS OR ACTIVITIES. ITSCOASTAL IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS, ACCOMMODATIONS, AND ACTIVITIES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT A USER’S OWN RISK.

 

  • Use of the Services and Company Properties.  The Application, the Software, the Website, the Services, and the information and content available on the Website and in the Application and the Services (as these terms are defined herein) (collectively, the “ItsCoastal Properties”) are protected by copyright laws throughout the world.  Subject to the Terms, ItsCoastal grants you a limited license to reproduce portions of ItsCoastal Properties for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by Company in a separate license, your right to use any ItsCoastal Properties is subject to the Terms.
  • Application License.  Subject to your compliance with the Terms, ItsCoastal grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal or internal business purposes.  Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
  • Software.  Use of any software and associated documentation, other than the Application, that is made available via the Website or the Services (“Software”) is governed by the terms of this Agreement. Subject to your compliance with this Agreement, ItsCoastal grants you a non-assignable, non-transferable, non-sublicensable, revocable non-exclusive license to use the Software for the sole purpose of enabling you to use the Services in the manner permitted by this Agreement.
  • Updates.  ItsCoastal may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Services and related Services (“Updates”). These Updates may be automatically installed without providing any additional notice or receiving any additional consent. Under this Agreement, you consent to these automatic updates. If you do not want such Updates, your remedy is to terminate your Account (defined below). If you do not terminate your Account, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the ItsCoastal Properties and you agree to promptly install any Updates ItsCoastal provides. Your continued use of the ItsCoastal Properties is your agreement to this Agreement with respect to the ItsCoastal Properties.
  • Certain Restrictions.  The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit ItsCoastal Properties or any portion of ItsCoastal Properties, including the Website;  (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other ItsCoastal Properties (including images, text, page layout or form) of ItsCoastal; (c) you shall not use any metatags or other “hidden text” using ItsCoastal’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of ItsCoastal Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including, but not limited to, spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website 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); (f) you will not access ItsCoastal Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of ItsCoastal Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in ItsCoastal Properties. Any future release, update or other addition to ItsCoastal Properties shall be subject to the Terms.  ItsCoastal, its suppliers and service providers reserve all rights not granted in the Terms.  Any unauthorized use of ItsCoastal Properties terminates the licenses granted by ItsCoastal pursuant to the Terms.
  • Third-Party Materials.  As a part of ItsCoastal Properties, you may have access to materials that are hosted by another party.  You agree that it is impossible for ItsCoastal to monitor such materials and that you access these materials at your own risk.
  • Registration
  • Registering Your Account.  In order to access certain features of Company Properties, including to make a booking, you are required to become a Registered User.  For purposes of the Terms, a “Registered User” is a user who has registered an account on the Website or Application(s) (“Account”).
  • Access Through a SNS.  In addition to registering for an Account, in order to access certain features of the Company Properties, you may be required to link your Account with one of your social networking accounts or other third party accounts, such as Facebook (“SNS” and each such account, a “Third-Party Account”) by allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.  You represent that you have the right to grant us access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without requiring us to pay any fees or subjecting us to any usage limitations imposed by such third-party service providers.  By granting us access to any Third-Party Accounts, we may access, make available and store (if applicable) any listing and other information, photographs, data, text, software, graphics, video, messages, tags and/or other materials accessible through the Company Properties (“Content”) that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Company Properties via your Account.  You may also share Your Content obtained or accessed through the Services with such Third-Party Account. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the Website.  PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND WE WILL HAVE NO LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO THEM BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.  We make no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and we are not responsible for any SNS Content.
  • Registration Data.  In registering an Account through the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.  You represent that you are (1) at least thirteen (13) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using ItsCoastal Properties under the laws of the United States, your place of residence or any other applicable jurisdiction.  You are responsible for all activities that occur under your Account.   You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of Company Properties by minors.  You may not share your Account or password with anyone, and you agree to (1) notify ItsCoastal immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session.  If you provide any information that is untrue, inaccurate, not current or incomplete, or ItsCoastal has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ItsCoastal has the right to suspend or terminate your Account and refuse any and all current or future use of ItsCoastal Properties (or any portion thereof).  You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself.  You agree that you shall not have more than one Account per platform at any given time.  Company reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights.  You agree not to create an Account or use ItsCoastal Properties if you have been previously removed by ItsCoastal, or if you have been previously banned from any of ItsCoastal Properties.
  • Necessary Equipment and Software.  You must provide all equipment and software necessary to connect to ItsCoastal Properties, including but not limited to, a mobile device that is suitable to connect with and use ItsCoastal Properties.  You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing ItsCoastal Properties.
  • Responsibility for Content
  • Types of Content.  You acknowledge that all Content, including ItsCoastal Properties, is the sole responsibility of the party from whom such Content originated.  This means that you, and not ItsCoastal, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through ItsCoastal Properties or data collected by or related to the Services and your use thereof (“Data”) (collectively, “Your Content”), and that you and other Users of ItsCoastal Properties, and not ItsCoastal, are similarly responsible for all Content they Make Available through ItsCoastal Properties (“User Content”). The use of Data by ItsCoastal will be subject to the terms of our Privacy Policy located at: https://itscoastal.com/privacy-policy/.
  • No Obligation to Pre-Screen Content.  You acknowledge that ItsCoastal has no obligation to pre-screen Content (including, but not limited to, User Content), although ItsCoastal reserves the right in its sole discretion to pre-screen, refuse or remove any Content.  By entering into the Terms, you hereby provide your irrevocable consent to such monitoring.  You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications.  In the event that ItsCoastal pre-screens, refuses or removes any Content, you acknowledge that ItsCoastal will do so for ItsCoastal’s benefit, not yours.  Without limiting the foregoing, ItsCoastal shall have the right to remove any Content that violates this Agreement or is otherwise objectionable.
  • Storage.  Unless expressly agreed to by ItsCoastal in writing elsewhere, ItsCoastal has no obligation to store any of Your Content that you Make Available on ItsCoastal Properties.  ItsCoastal has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of ItsCoastal Properties.  Certain Services may enable you to specify the level at which such Services restrict access to Your Content.  You are solely responsible for applying the appropriate level of access to Your Content.  If you do not choose, the system may default to its most permissive setting.  You agree that ItsCoastal retains the right to create reasonable limits on Company’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Website and as otherwise determined by ItsCoastal in its sole discretion.
  • Listings
  • Creating a Listing.  You must be a Registered User to create a listing. To create a listing, you will be asked a variety of questions about the Accommodation and/or Activity to be listed, including, but not limited to, the location, capacity, size, description, features, and availability of the Accommodation and/or Activity and pricing and related rules and financial terms. In order to be featured in listings via the Services, all Accommodations and/or Activities must have valid physical addresses. Listings will be made publicly available via the Website, Application and Services. You understand and agree that the placement or ranking of listings in search results may depend on a variety of factors, including, but not limited to, user preferences, ratings and/or ease of booking.
  • Booking an Accommodation and/or Activity.  All users may brose your listings, but only Registered Users will be able to book your Accommodation and/or Activity via the Website, Application and Services based upon the information provided in your listing, your Booking Party requirements, and the Booking Party’s search parameters and preferences. You understand and agree that once a Booking Party requests a Booking of your Accommodation, you may not request the Booking Party to pay a higher price than in the booking request.
  • Rules Regarding Listings. You acknowledge and agree that you alone are responsible for any and all listings and Content you post. Accordingly, you represent and warrant that any listing you post and the booking of, or a Booking Party’s stay at an Accommodation or participation in an Activity in a listing you post (i) will not breach any agreements you have entered into with any third parties, including, with respect to Accommodations, homeowners association, condominium, or other third party agreements, and (ii) will (a) be in compliance with all applicable laws, tax requirements, intellectual property laws, and rules and regulations that may apply to any Accommodation or Activity included in a listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that ItsCoastal assumes no responsibility for a Listing Party’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. ItsCoastal reserves the right, at any time and without prior notice, to remove or disable access to any listing for any reason, including listings that we, in our sole discretion, consider to be objectionable for any reason, in violation of this Agreement or otherwise harmful to the Webite, Application or Services or other users.
  • Agreements between Booking Parties and Listing Parties. If you are a Listing Party, you understand and agree that ItsCoastal does not act as an insurer or as your contracting agent. If a Booking Party requests a booking of your Accommodation or Activity, any agreement you enter into with such Booking Party is between you and the Booking Party and ItsCoastal is not a party to it.
  • Responsibility for Third Parties. You acknowledge and agree that, as a Listing Party, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation or who lead, participate in, or are otherwise present for an Activity at your request or invitation, excluding the Booking Party (and the individuals the Booking Party invites to the Accommodation or Activity, if applicable.)
  • Insurance. ItsCoastal recommends that Listing Parties obtain appropriate insurance for their Accommodations or Activities. Please review any insurance policy that you may have for your Accommodation or Activity carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of or relating to Booking Parties (and the individuals the Booking Party invites to the Accommodation or Activity, if applicable) while at your Accommodation or participating in your Activity.
  • Ownership
  • ItsCoastal Properties.  Except with respect to Your Content and User Content, you agree that ItsCoastal and its suppliers own all rights, title and interest in ItsCoastal Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or ItsCoastal Properties.
  • Trademarks. “ItsCoastal” and other related graphics, logos, service marks and trade names used on or in connection with ItsCoastal Properties or in connection with the Services are the trademarks of ItsCoastal and may not be used without permission in connection with any third-party products or services.  Other trademarks, service marks and trade names that may appear on or in ItsCoastal Properties are the property of their respective owners.
  • Other Content.  Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in ItsCoastal Properties.  ItsCoastal prohibits and does not recognize any purported transfers of virtual property effectuated outside of the Services, or the purported sale, lease, gift or trade in the “real world” of anything that appears or originates in the Services.  Accordingly, you may not trade, sell or attempt to sell Coastal Dollars for “real” money, or exchange that currency for value of any kind outside of the Website, Application, or Services.  Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination.
  • Your Content.  ItsCoastal does not claim ownership of Your Content.  However, when you as a user post or publish Your Content on or in ItsCoastal Properties, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content. Subject to any applicable account settings that you select, you grant Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part) for the purposes of operating and providing ItsCoastal Properties to you and to our other Users.  Please remember that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of ItsCoastal Properties.  You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.  You agree that you, not ItsCoastal, are responsible for all of Your Content that you Make Available on or in ItsCoastal Properties.
  • Account. Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments or any other area on ItsCoastal Properties, you acknowledge and agree that you will have no ownership or other property interest in your Account, and your further acknowledge and agree that all rights in and to your Account are and will forever be owned by and inure to the benefit of ItsCoastal.
  • Feedback.  You agree that submission of any ideas, suggestions, documents, and/or proposals to ItsCoastal through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that ItsCoastal has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback.  You represent and warrant that you have all rights necessary to submit the Feedback.  You hereby grant to ItsCoastal a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of ItsCoastal Properties.
  • User Conduct
  • Restrictions.  You agree that you will not, under any circumstances:
  • Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized software designed to modify or interfere with any ItsCoastal Properties;
  • Interfere with or damage ItsCoastal Properties, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology;
  • Modify or cause to be modified any files that are a part of ItsCoastal Properties;
  • Disrupt, overburden, or aid or assist in the disruption or overburdening of: (i) any computer or server used to offer or support ItsCoastal Properties; or (ii) the enjoyment of ItsCoastal Properties by any other person;
  • Institute, assist, or become involved in any type of attack, including, but not limited to, distribution of a virus, denial of service attacks upon ItsCoastal Properties, or other attempts to disrupt ItsCoastal Properties or any other person’s use or enjoyment of ItsCoastal Properties;
  • Attempt to gain unauthorized access to ItsCoastal Properties, accounts registered to others, or to the computers, servers or networks connected to ItsCoastal Properties by any means other than the User interface provided by ItsCoastal, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of ItsCoastal Properties;
  • Access, tamper with or use non-public areas of ItsCoastal Properties, ItsCoastal’s computer systems, or the technical delivery systems of ItsCoastal’s providers;
  • Attempt to probe, scan, or test the vulnerability of any Company system or network, or breach any security or authentication measures;
  • Disrupt or interfere with the security of, or otherwise cause harm to, ItsCoastal Properties, systems, resources, accounts, passwords, servers or networks connected to or accessible through Company Properties or any affiliated or linked sites;
  • Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by ItsCoastal or any of ItsCoastal’s providers or any other third party (including another User) to protect ItsCoastal Properties;
  • Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; or
  • Engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise).
  • General.  In connection with your use of ItsCoastal Properties, you shall not:
  • Make Available any Content that (i) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities;
  • Harm minors in any way;
  • Impersonate any person or entity, including, but not limited to, ItsCoastal personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Make Available any Content that you do not have a right to Make Available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
  • Make Available any Content that infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights;
  • Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;
  • Stalk or otherwise harass any other user of our ItsCoastal Properties; or
  • Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.
  • Ratings and Reviews.  The Services allow users to post reviews, ratings and comments about Listing Parties and Booking Parties (collectively, “Reviews”), and you are solely responsible for any content, opinion, statement, recommendation or advance contained therein. Reviews posted on our Services are User Content that is not endorsed by ItsCoastal and does not represent the views of ItsCoastal. You acknowledge that any opinions, statement, recommendation, ratings, offers, advice or other information presented or disseminated in any Review are those of their respective authors who are solely responsible and liable for their content. ItsCoastal shall have the right, but not the obligation to monitor or review any Reviews at any time. ItsCoastal reserves the right to refuse to post or remove any material submitted or posted in any Review. Notwithstanding the foregoing, you acknowledge that ItsCoastal is under no obligation to edit or modify any information available in any Reviews or decide any dispute or disagreement between the posters and shall have no liability to you for any content posted in a Review. ItsCoastal does not assume liability for Reviews or for any claims for economic loss resulting from such ratings and reviews. Because we expect users to maintain a high level of integrity with respect to ratings and reviews posted through the Services, you agree: (i) to base any rating or review you post only on your first-hand experience with the applicable Listing Party or Booking Party; (ii) you will not provide a rating or review for any Booking Party or Listing Party with respect to which you have an employment relationship or other affiliation; (iii) you will not submit a rating or review in exchange for payment or other benefits from any individual or entity; and (iv) your review will comply with the terms of this Agreement. If ItsCoastal determines, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews, we may exclude such User Content without notice.
  • Investigations.  ItsCoastal may, but is not obligated to, monitor or review ItsCoastal Properties and Content at any time.  Without limiting the foregoing, ItsCoastal shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Terms or any applicable law.  Although ItsCoastal does not generally monitor user activity occurring in connection with ItsCoastal Properties or Content, if ItsCoastal becomes aware of any possible violations by you of any provision of the Terms, ItsCoastal reserves the right to investigate such violations, and ItsCoastal may, at its sole discretion, immediately terminate your license to use ItsCoastal Properties, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
  • Interactions with Other Users. You are solely responsible for your interactions with other Users and any other parties with whom you interact; provided, however, that ItsCoastal reserves the right, but has no obligation, to intercede in such disputes. You agree that ItsCoastal will not be responsible for any liability incurred as the result of such interactions. YOU UNDERSTAND THAT ITSCOASTAL DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS.  ITSCOASTAL ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS REGISTERED USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS REGISTERED USERS. ITSCOASTAL MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF REGISTERED USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE REGISTERED USERS.  ITSCOASTAL RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
  • Content Provided by Other Users.  ItsCoastal Properties may contain User Content provided by other Users, including listings.  ItsCoastal is not responsible for and does not control User Content.  ItsCoastal has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content.  You use all User Content and interact with other Users at your own risk.
  • Third-Party Websites, Applications & Ads. ItsCoastal Properties may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”) and advertisements for third parties (“Third-Party Ads”).  When you click on a link to a Third-Party Website, Third-Party Application or Third-Party Ad, we will not warn you that you have left ItsCoastal Properties and are subject to the terms and conditions (including privacy policies) of another website or destination.  Such Third-Party Websites, Third-Party Applications and Third-Party Ads are not under the control of ItsCoastal.  ItsCoastal is not responsible for any Third-Party Websites, Third-Party Applications or Third-Party Ads.  ItsCoastal provides these Third-Party Websites, Third-Party Applications and Third Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Applications or Third-Party Ads, or their products or services.  You use all links in Third-Party Websites, Third-Party Applications and Third-Party Ads at your own risk. When you leave our Website, our Terms and policies no longer govern.  You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
  • App Store.  You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play (“App Store”).  You acknowledge that the Terms are between you and ItsCoastal and not with the App Store.  ItsCoastal, not the App Store, is solely responsible for ItsCoastal Properties, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement).  In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access.  You also agree to pay all fees (if any) charged by the App Store in connection with ItsCoastal Properties, including the Application.  You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using ItsCoastal Properties, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.
  • Fees and Purchase Terms
  • Payment Terms for Listing Parties.  If you are a Listing Party and a booking is requested for your Accommodation or Activity via the Services, you will be required to either preapprove, confirm or reject the booking request. If you are unable to confirm or decide to reject a booking request, any amounts collected by us for the requested booking will be refunded to the applicable Booking Party. When you confirm a booking requested by a Booking Party, we will send you a message confirming such booking, depending on the selections you make via the Services.  We will collect the applicable fees from Booking Parties at the time of the booking request or upon the Listing Party’s confirmation and will initiate payment of the fees (less applicable fees and taxes) to the Listing Party at the time.  
  • Payment Terms for Booking Parties.  The Listing Parties, not ItsCoastal, are solely responsible for honoring any confirmed bookings and making available any Accommodations and Activities reserved through the Services. If you, as a Booking Party, choose to enter into a transaction with a Listing Party for the booking of an Accommodation or Activity, you agree and understand that you will be required to enter into an agreement with the Listing Party and you agree to accept any terms, conditions, rules and restrictions associated with such Accommodation or Activity imposed by the Listing Party.  You acknowledge and agree that you, and not ItsCoastal, will be responsible for performing the obligations of any such agreements, that ItsCoastal is not a party to such agreements, and that, with the exception of ItsCoastal’s payment obligations hereunder, ItsCoastal disclaims all liability arising from or related to any such agreements.  The total fees payable will be displayed to a Booking Party before the Booking Party sends a booking request to a Listing Party. As noted above, the Listing Party is required to either preapprove, confirm or reject the booking request. Upon receipt of your booking request, ItsCoastal may initiate a pre-authorization and/or charge a nominal amount to your Payment Method. If a requested booking is cancelled (i.e. not confirmed by the applicable Listing Party), any amounts collected by us will be refunded to such Booking Party, depending on the selections the Booking Party makes via the Services, and any pre-authorization of such Booking Party’s Payment Method will be released, if applicable.  You as a Booking Party agree to pay the total fees for any booking requested, and in most cases confirmed, in connection with your Account. You as a Booking Party will be responsible for paying any applicable taxes relating to your payments and will indemnify and hold harmless ItsCoastal from any and all taxes, including sales tax, based on any payments made by you via the Services. ItsCoastal does not make any representation or render any advice as to the potential tax implications of any payments made via the Services, or booking or sale, and you should consult your tax professional with regards to the same.
  • Service Fees.  In consideration for the use of ItsCoastal’s platform, ItsCoastal charges service fees equal to ten percent (10%) of the price of each Accommodation or Activity booked. ItsCoastal collects these service fees, and, where applicable, may also collect taxes (such as VAT in Europe) in respect of the Booking Party fees and Listing Party fees. ItsCoastal deducts the service fees from the Accommodation fees and/or Activity fees paid by a Booking Party before remitting the balance to the Listing Party.
  • Third Party Payment Provider.  ItsCoastal uses Stripe, Inc. (“Stripe”) as the third party service provider for payment services (e.g., card acceptance, merchant settlement, and related services).  By buying or selling on the ItsCoastal Properties, you agree to be bound by Stripe’s Privacy Policy: https://stripe.com/us/privacy, and hereby consent and authorize the ItsCoastal and Stripe to share any information and payment instructions you provide with Third Party Service Provider(s) to the minimum extent required to complete your transactions.  By listing or selling item on the ItsCoastal Properties, you also agree to be bound by Stripe’s Service Agreement: https://stripe.com/us/legal.
  • Payment Information. All information that you provide to us or to Stripe must be accurate, current, and complete. By listing any Accommodation or Activity, you authorize ItsCoastal to charge your payment card (“Payment Method”) in accordance with Section 10. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT METHOD USED TO PAY ANY FEES. You agree to pay all charges incurred by you or any users of your member Account and Payment Method.  With respect to any Accommodation or Activity booked through the ItsCoastal Properties, you are eligible to receive a refund based on the cancellation policy selected by the Listing Party when creating the Accommodation or Activity. The three cancellation policies are as follows: (1) Strict: Full refund if cancellation occurs two weeks in advance or more; (2) Medium: Full refund if cancellation occurs forty-eight hours in advance; and (3) Flexible: Full refund at the time of cancellation, regardless of timing. Following any cancellation, if you are entitled to a refund, we will refund your Payment Method used to book the Accommodation or Activity within seven (7) days.
  • Coastal Dollars Program
  • Coastal Dollars.  You may have the opportunity to earn a license to use ‘virtual currency,’ in the form of “Coastal Dollars”, or points, when you book Accommodations and/or Activities, that may be redeemed for the booking of other Accommodations and/or Activities, and other goods or services made available by Company.  ALL PURCHASES AND REDEMPTIONS OF VIRTUAL CURRENCY MADE THROUGH THE SERVICES ARE NON-REFUNDABLE EXCEPT AS OTHERWISE SET FORTH HEREIN.  ItsCoastal prohibits and does not recognize any purported transfers of virtual currency effectuated outside of the Services, or the purported sale, lease, gift or trade in the ‘real world’ of anything that appears or originates in the Services.  Accordingly, you may not trade, sell or attempt to sell currency for ‘real’ money, or exchange currency for value of any kind outside of the Services.  Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination.
  • Earning Coastal Dollars. You will earn Coastal Dollars based on the value of your rental and/or purchase at the rate of X Coastal Dollars for each X Dollar you spend on the ItsCoastal Website or Application. Taxes, donations, and fees may be excluded and ineligible for Coastal Dollar accrual.  Generally, Coastal Dollars for qualifying transactions are automatically added to your Account within twenty-four (24) hours. From time to time, ItsCoastal may offer you special promotions that offer you “Promotional Coastal Dollars,” which will be awarded as described in the applicable promotional offer and will be subject to any additional terms set forth in the offer.  If you void a booking or purchase made on the ItsCoastal Website or Application, ItsCoastal will deduct the Coastal Dollars that you were awarded for that booking or purchase, potentially resulting in a negative Coastal Dollar balance on your account. There are no membership fees associated with Coastal Dollars. Coastal Dollars accumulated through transactions are promotional and have no outside cash value.  Your Coastal Dollars and your Account are personal to you and may not be sold, transferred, or assigned to, or shared with, family, friends or others, or used by you for any other commercial purpose. You may have only one account eligible for Coastal Dollars that is personal to you.   Without notice to you, ItsCoastal reserves the right to suspend your participation in the Coastal Dollars Program if ItsCoastal determines in its sole discretion that you have violated these terms and conditions, you have more than one Account, or that the use of your Account is unauthorized, deceptive, fraudulent, or otherwise unlawful. ItsCoastal may, in its sole discretion, suspend, cancel, or combine Accounts eligible for Coastal Dollars that appear to be duplicative. In the event that your participation in the Coastal Dollars Program is terminated, then all accumulated Coastal Dollars in your Account are void.  ItsCoastal reserves the right to terminate, discontinue, or cancel the Coastal Dollars Program at any time and in its sole discretion without notice to you.
  • Listing Party Conditions.  When listing an item, you agree to comply with our rules for listing and that:
  • You are responsible for the accuracy and content of the listing and services offered.
  • Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances).
  • We strive to create a marketplace where Booking Parties can find what they are looking for. Therefore, the appearance or placement of listing in search and browse results will depend on a variety of factors, including, but not limited to:
  • Booking Party’s location, search query, browsing sites, and history;
  • Location of Accommodation or Activity, listing format, price, terms of service, end time, history, and relevance to the user query.
  • Listing Party’s history, Listing Party’s rating and feedback; and
  • Number of listings matching the Booking Party’s query.  To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the Booking Party.
  • Booking Party Conditions.  When buying an item, you agree to the rules for Booking Parties and that:
  • You are responsible for reading the full item listing before making a bid or commitment to buy.
  • You enter into a legally binding contract to purchase an item when you commit to buy or rent an item or if you have the winning bid (or your bid is otherwise accepted).
  • A bid or offer initiates a non-binding transaction representing a Booking Party’s serious expression of interest in buying the Listing Party’s item and does not create a formal contract between the Booking Party and the Listing Party.
  • Indemnification.  You agree to indemnify and hold ItsCoastal, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “ItsCoastal Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, ItsCoastal Properties; (c) your violation of the Terms; (d) your violation of any rights of another party, including any users; (e) your interactions with other users; and (f) your violation of any applicable laws, rules or regulations.  ItsCoastal reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ItsCoastal in asserting any available defenses.  This provision does not require you to indemnify any of the ItsCoastal Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to ItsCoastal Properties.
  • Disclaimer of Warranties and Conditions
  • As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF ITSCOASTAL PROPERTIES IS AT YOUR SOLE RISK, AND ITSCOASTAL PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS.  ITSCOASTAL EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES.
  • ITSCOASTAL MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) ITSCOASTAL PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF ITSCOASTAL PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF ITSCOASTAL PROPERTIES WILL BE ACCURATE OR RELIABLE.
  • ANY ACCOMMODATION OR ACTIVITY BOOKED THORUGH THE SERVICES, OR ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH ITSCOASTAL PROPERTIES, IS AT YOUR OWN RISK AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PERSON OR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS ITSCOASTAL PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
  • THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS.  COMPANY MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
  • NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ITSCOASTAL OR THROUGH ITSCOASTAL PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
  • FROM TIME TO TIME, ITSCOASTAL MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT.  SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT COMPANY’S SOLE DISCRETION.  THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
  • No Liability for Conduct of Third Parties.  YOU ACKNOWLEDGE AND AGREE THAT ITSCOASTAL PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD ITSCOASTAL LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF ECONOMIC DAMAGES FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. ITSCOASTAL MAKES NO WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.  ITSCOASTAL MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH COMPANY PROPERTIES.
  • No Liability for Conduct of Other Users.  YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF ITSCOASTAL PROPERTIES. YOU UNDERSTAND THAT ITSCOASTAL DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF ITSCOASTAL PROPERTIES.
  • Limitations of the Services
  • System Requirements.  The ItsCoastal Services will not be accessible without: (a) a working Wi-Fi network and/or Bluetooth connection in your home that is positioned to communicate reliably with the Services; (b) an account; (c) a computer, smartphone or tablet; and (d) other system elements that may be specified by ItsCoastal. It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured. You acknowledge that the availability of the ItsCoastal Services is dependent on (i) your computer, mobile device, home Wi-Fi network and/or Bluetooth connection, and other related equipment, (ii) your Internet service provider (“ISP”), and (iii) your mobile device carrier (“Carrier”). You acknowledge that you are responsible for all fees charged by your ISP and Carrier in connection with your use of the ItsCoastal Services. You also acknowledge that you are responsible for compliance with all applicable agreements, terms of use/service, and other policies of your ISP and Carrier.
  • Third Party Sites; Release
  • Third Party Sites. The ItsCoastal Properties may contain links to other websites operated by third parties (“Third Party Sites”). Such Third Party Sites are not under our control. ItsCoastal provides these links and referrals only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third Party Sites. Your use of these Third Party Sites is at your own risk.
  • Release.  You hereby release ItsCoastal and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of ItsCoastal Properties, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of ItsCoastal Properties.  IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
  • Limitation of Liability
  • Disclaimer of Certain Damages.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ITSCOASTAL BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ITSCOASTAL PROPERTIES, OR FOR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH ITSCOASTAL PROPERTIES, WHETHER OR NOT ITSCOASTAL HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, RESULTING FROM: (1) THE USE OR INABILITY TO USE ITSCOASTAL PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH COMPANY PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON ITSCOASTAL PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO ITSCOASTAL PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.
  • Cap on Liability.  UNDER NO CIRCUMSTANCES WILL ITSCOASTAL PARTIES BE LIABLE TO YOU FOR MORE THAN THE TOTAL AMOUNT PAID TO COMPANY BY YOU DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A COMPANY PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A COMPANY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
  • User Content.  EXCEPT FOR ITSCOASTAL’S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN THE COMPANY’S PRIVACY POLICY, ITSCOASTAL ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
  • Basis of the Bargain.  THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO THE FULLEST EXTENT ALLOWED BY LAW.
  • Termination.
  • Termination of Services.  This Agreement will remain in full force and effect until your Account is terminated as provided herein. You may delete your Account at any time, for any reason by emailing privacy@itscoastal.com. ItsCoastal may terminate your Account if (a) you are in breach of the Agreement; (b) if ItsCoastal decides in its sole discretion to stop providing the applicable Services; or (c) for any or no reason, without giving you notice. You understand that any termination of this Agreement and your Account may involve deletion of your Account information from our live databases and all the information stored for such Account. ItsCoastal will not have any liability whatsoever to you for any termination of your Account or related deletion of your information.
  • Effect of Termination.  Termination of any Service includes removal of access to such Service and barring of further use of the Service.  Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content.  Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
  • International Users.  ItsCoastal Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in your country.  These references do not imply that ItsCoastal intends to announce such Services or Content in your country.  ItsCoastal Properties are controlled and offered by ItsCoastal from its facilities in the United States of America. ItsCoastal makes no representations that ItsCoastal Properties are appropriate or available for use in other locations.  Those who access or use ItsCoastal Properties from other countries do so at their own volition and are responsible for compliance with local law.
  • Dispute Resolution.  Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully.  It requires you to arbitrate disputes with ItsCoastal and limits the manner in which you can seek relief from us.  
  • Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Website, to any products sold or distributed through the Website, or to any aspect of your relationship with ItsCoastal, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or ItsCoastal may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).  This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.  

 

IF YOU AGREE TO ARBITRATION WITH ITSCOASTAL, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST COMPANY ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF.  INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST THE COMPANY IN AN INDIVIDUAL ARBITRATION PROCEEDING.  IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.  YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS AGREEMENT, INCLUDING THIS ARBITRATION AGREEMENT.

 

  • Arbitration Rules and Forum.  The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.  To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Coastal International, Inc., 8 The Grn Ste R, Dover, Delaware 19901, Attention: Registered Agent.  The arbitration will be conducted by JAMS, an established alternative dispute resolution provider.   Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267.  If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum.  If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Company will pay them for you.  In addition, ItsCoastal will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous.  Likewise, ItsCoastal will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.

 

You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

 

  • Authority of Arbitrator.  The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable.  The arbitration will decide the rights and liabilities, if any, of you and ItsCoastal.   The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties.  The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.  The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.  The award of the arbitrator is final and binding upon you and us. 
  • Waiver of Jury Trial.  YOU AND ITSCOASTAL HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.  You and ItsCoastal are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 22.1 above.  An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would.   However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.  
  • Waiver of Class or Consolidated Actions.  ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court as set forth in Section 22.6.
  • 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: ItsCoastal, 1507 7th Street, 332, Santa Monica, CA 90401, Attn: Customer Service, within 30 days after first becoming subject to this Arbitration Agreement.  Your notice must include your name and address, your ItsCoastal username (if any), the email address you used to set up your ItsCoastal account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you.  Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
  • Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
  • Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with ItsCoastal.
  • Modification.  Notwithstanding any provision in this Agreement to the contrary, we agree that if ItsCoastal makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice to ItsCoastal.
  • General Provisions.
  • Electronic Communications.  The communications between you and ItsCoastal use electronic means, whether you visit ItsCoastal Properties or send ItsCoastal e-mails, or whether ItsCoastal posts notices on ItsCoastal Properties or communicates with you via e-mail.  For contractual purposes, you (1) consent to receive communications from ItsCoastal in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that ItsCoastal provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.  The foregoing does not affect your statutory rights.
  • Assignment.  The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without ItsCoastal’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
  • Force Majeure.  ItsCoastal shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
  • Questions, Complaints, Claims.  If you have any questions, complaints or claims with respect to Company Properties, please contact us at: ____________.  We will do our best to address your concerns.  If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
  • Exclusive Venue.  To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and ItsCoastal agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in California.
  • Governing Law.  THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THIS AGREEMENT.
  • Choice of Language.  It is the express wish of the parties that the Terms and all related documents have been drawn up in English.
  • Notice.  Where ItsCoastal requires that you provide an e-mail address, you are responsible for providing ItsCoastal with your most current e-mail address.  In the event that the last e-mail address you provided to ItsCoastal is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, ItsCoastal’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.  You may give notice to ItsCoastal at the following address: ItsCoastal, 1507 7th Street, 332, Santa Monica, CA 90401.  Such notice shall be deemed given when received by ItsCoastal by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
  • Waiver.  Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
  • Severability.  If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
  • Export Control.  You may not use, export, import, or transfer ItsCoastal Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained ItsCoastal Properties, and any other applicable laws.  In particular, but without limitation, ItsCoastal Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using ItsCoastal Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use ItsCoastal Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.  You acknowledge and agree that products, services or technology provided by ItsCoastal are subject to the export control laws and regulations of the United States.  You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer ItsCoastal products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
  • Accessing and Download the Application from iTunes.  The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
  • You acknowledge and agree that (i) the Terms are concluded between you and ItsCoastal only, and not Apple, and (ii) ItsCoastal, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
  • You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
  • In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between ItsCoastal and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of ItsCoastal.
  • You and ItsCoastal acknowledge that, as between ItsCoastal and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • You and ItsCoastal acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between ItsCoastal and Apple, ItsCoastal, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
  • You and ItsCoastal acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
  • Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
  • Consumer Complaints.  In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
  • Entire Agreement.  The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
  • International Provisions.  The following provisions shall apply only if you are located in the countries listed below.
  • United Kingdom.  A third party who is not a party to the Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of the Terms, but this does not affect any right or remedy of such third party which exists or is available apart from that Act.
  • Germany.  Notwithstanding anything to the contrary in Section 18, Company is also not liable for acts of simple negligence (unless they cause injuries to or death of any person), except when they are caused by a breach of any substantial contractual obligations (vertragswesentliche Pflichte).