TERMS AND CONDITIONS
COASTAL HOMES LLC TERMS AND CONDITIONS
Updated on 03.15.2022
OVERVIEW
Coastal Homes LLC (hereafter referred to as “The Company” “we”, “us”, or “our”) provides an online platform that connects us who have Short Term Rental Property (as defined below) to rent with renters seeking to rent such a property, which platform is accessible at www.coastalhomesca.com/ and any other websites through which Coastal Homes LLC makes the platform available (collectively, the “Web Site”) with any other products or services made available by the Company, all of the foregoing are, collectively, the “Services”. By using the Services, you agree to comply with and be legally bound by these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services and all Collective Content (defined below), and your participation in the Referral Program (defined below), and constitute a binding legal agreement between you and Coastal Homes LLC. Please read carefully these Terms and our Privacy Policy, which may be found at PRIVACY POLICY and which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Services. Failure to use the Services in accordance with these Terms may subject you to civil and criminal penalties.
Please read these Terms of Conditions carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to be bound by these Terms of Conditions. If you do not agree to all the Terms of Conditions, then you are not authorized to access the website or use the Service.
We can use third-party service providers to provide site metrics and other services. These third parties can use cookies, web beacons, and other technologies to collect information, such as your IP address, identifiers associated with your device, other applications to your device, the browsers you use to access our Services, Website viewed, time spent on Website, links clicked, and conversion information.
KEY TERMS
“Short Term Holiday Rental” means a furnished living space available for short periods of time to be rented. Not longer then 30 days consecutively. (hereafter referred to as “Property” )
“Applicant” a Property owner who wish to use Coastal Homes LLC property management services and apples for a consultation about the service offered.
“Rental” means the “Short Term Holiday Rental”
“Coastal Homes Content” means all Content that Coastal Homes LLC makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
“Coastal Homes” mean Coastal Homes LLC
“Collective Content” means Member Content and Coastal Homes Content.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information, and any other content or materials.
“Renter” means a individual who requests a booking of an Short Term Holiday Rental via the Booking Platform and third party Booking Platforms or a Member who uses an Short Term Holiday Rental and is not the Owner for such Property.
“Referral program” A service provided by Coastal Homes LLC as part of our the Short Term Holiday Rental Managing agreement or form part to rent such a Property.
“Owner” means Coastal Homes LLC. who owns or manage an Short Term Holiday Rental or Short Term Holiday Rental , which is displayed on Coastal Homes Website
“Listing” means a Short Term Holiday Rental that is listed by Coastal Homes LLC as available for rental via the Services.
“Member” means a person who completed a booking on Coastal Homes Website or a Third Party Booking Platform and or registered his/ her/it’s interesting to rent an Short Term Holiday Rental
“Third Party Booking Platform” Airbnb, Booking.com. Expedia, VRBO
“Member Content” means all Content that a Member post, uploads, publishes, submits or transmits to be made available through the Services.
“Tax” or “Taxes” mean any sales taxes, goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.
“Booking Platform” means the booking system the member use to book an Short Term Holiday Rental on Coastal Homes Website. The booking Platformed has been provided by a third party company “Lodgify”
“Lodgify”
Third-Party Booking platform used on Coastal Homes Website to make Short Term Holiday Rental booking
“Down Time” means the Short Term Holiday Rental is out of action or unavailable for use, or not rentable due to damage coursed by Renter and other reasons based on this agreement
Certain areas of the Services (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these terms and Terms and Conditions posted for a specific area of the Services, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Services.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SERVICES, OR BY PARTICIPATING IN THE PROPERTY MANAGEMENT PROGRAM, YOU ARE INDICATING THAT YOU HAVE READ AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE US. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES OR TO PARTICIPATE IN THE REFERRAL PROGRAM.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
MODIFICATION
Coastal Homes LLC reserves the right, at its sole discretion, to modify the Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Services or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Services after we have posted a modification on the Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.
OTHER POLICIES
You agree that you will comply with all written Coastal Homes LLC rules, agreements, and policies that are made available by Coastal Homes LLC on the Services and which are incorporated herein by reference. These include, without limitation
Fees Policy
Cancellation Policy
Insurance Policy
Property Rental Eligibility Policy
Booking Agreement (available at the time of booking)
Management Agreement ( available at the time of signing a Property Management Agreement with Coastal Homes)
Or any other policies posted on the Services
MINIMUM AGE
The Services are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 or older. The minimum age to rent an property is 25 years old.
HOW IS THE SERVICE WORKS
For Property Booking
The Services can be used for the booking of Short Term Holiday Rental. Such Property are included in Listings on the Services by Coastal Homes Website. You may view Listings as an unregistered visitor to the Services; however, if you wish to book you must first contact Coastal Homes LLC via the Booking Platform.
As stated above, Coastal Homes LLC makes available a platform or marketplace with related technology for Renters and Owners to meet online and arrange for bookings of Short Term Holiday Rentals.
Coastal Homes LLC’s responsibilities are limited to: (i) facilitating the availability of the Services and (ii) serving as the limited agent of each Owner for the purpose of accepting payments from Renters on behalf of the Owner.
For Property Management
The Services offered by Coastal Homes LLC is outlined in contract refereed to as “Management Agreement” . To use this services, Coastal Homes LLC will conduct a detailed review of the proposed property and will offer in writing an Management Agreement to the Applicant. Applicant have the right to sign this agreement and enter a contractual service agreement with Coastal Homes LLC.
RENTER ELIGIBILITY AND APPLICATION PROCESS
The following are the minimum eligibility requirements as a renter:
You must be at least 25 years of age. You must be approved by Coastal Homes through identity verification and other background checks that the company requires. If you hold a foreigner you must be at least 25, and you will be required to provide your passport for approval. You must possess a mobile phone in your own name that we can verify through text message and you must be a registered user of Coastal Homes Booking Platform
APPLICATION PROCESS
The application process is usually easy and quick. When you rent your first Property, we ask for your payment information, your personal information. You may go through our pre-approval process, so you’ll be ready when it’s time to book.
We will create your Coastal Homes Short Term Holiday Rental Booking Account and you can access our Services based on the personal information you provide to us one (1) active Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. The Company reserves the right to suspend or terminate your Account and your access to the Services if you create more than one (1) Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
PAYMENT
Each Renter agrees that payment to Coastal Homes LLC will result in The Company will make the Property available to Renter in an agreed-upon manner. Renter agrees that in accordance with the cancellation policy acknowledged by the Renter and reflected in the relevant Listing, (i) permit the Renter to cancel the booking and (ii) refund to the Renter that portion of the booking Fees specified in the applicable cancellation policy.
By using the payment functionality provided by the Company you agree to the Logify Booking System Terms of Conditions and Privacy Policy . You authorize Coastal Homes LLC to collect and share with Logify your personal information including full name, email address, and financial information for the purpose of pay services booked on your behalf.
BOOKING AND FINANCIAL TERMS FOR RENTERS
Coastal Homes LLC is responsible for honoring any confirmed bookings and making available any Property’s reserved through the Services. If you, as a Renter, choose to enter into a transaction with Coastal Homes LLC for the booking of an Property, you agree and understand that you will be required to enter into an agreement with the Company and you agree to accept any terms, conditions, rules, and restrictions associated with such a booking by the The Company. You agree to pay Coastal Homes LLC for any confirmed bookings made in connection with your Booking in accordance with these Terms by one of the methods described on the Site or Application – e.g. by credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking directly by Coastal Homes LLC. You also authorize Coastal Homes LLC to charge the Renter’s credit card in the event of damage caused on an Property as contemplated under “Damage to Property” below and for Security Deposits (as defined below), if applicable. Once a confirmed booking transaction is completed you will receive a confirmation email summarizing the confirmed booking.
You agree that you may not use Coastal Homes LLC Services and then complete a booking of an Property transaction outside of the Coastal Homes LLC Services in order to circumvent the obligation to pay any portion of Service Fees related to the provision of the Services. If you circumvent any portion of the Service Fees related to the Logify Software, the Company reserves the right to reject or deny the related transaction as a valid transaction and reserves the right to chancel your booking.
You agree to pay Coastal Homes LLC for the Total Fees for any booking requested by the Renter if such requested bookings are confirmed . In order to establish a booking pending the applicable confirmation of your requested booking, you understand and agree that Coastal Homes LLC reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1) to verify your credit card. Once Coastal Homes LLC receives confirmation of your booking
In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to Coastal Homes LLC or its third party payment facilitator. You agree to pay Coastal Homes LLC for any confirmed bookings accordance with these Terms by one of the methods described on the Website or Application. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by the Company or indirectly, via a third party online facilitating payments or by one of the payment methods described on the Services. You also authorize the Company to charge your credit card in the event of damage caused on an Property. If you are directed to third-party payment facilitator, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is completed you will receive a confirmation email summarizing your confirmed booking.
SECURITY DEPOSIT
Coastal Homes customarily include a security deposit in their Listings (“Security Deposits”). For all Security Deposits included in a Listing for a confirmed booking of the Property, Coastal Homes will, in its capacity use its commercially reasonable efforts to obtain a pre-authorization of the Renter’s credit card in the amount Coastal Homes determines for the Security Deposit within a reasonable time prior to the Renter’s booking at the applicable Property. Coastal Homes will also use its commercially reasonable efforts to address requests and claims related to Security Deposits,
RENTER VERIFICATION
As a Renter, you are required to provide certain personal information through the Logify renter verification program in order to rent insured Property on the Company Website, asked to provide a valid (i) Driver’s License Number, State of Issue, your Name and Address, (ii) DOB, (iii) SSN, (iv) completion of the renter questionnaire, (v) current insurance provider
DAMAGE TO A PROPERTY
As the Renter of the Property, you are responsible for leaving the Short Term Holiday Rental in the condition it was in when you cheeked in (first enter the Property). You acknowledge and agree that as a Renter, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to the Property. In the event that an Property Owner claims otherwise and provides evidence of damage, including but not limited to, photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of a claim and given forty-eight (48) hours to respond, the payment will be charged to and taken from the credit card on file You agree that unless you have purchased or have been qualified for insurance through Booking Platform that you will hold Coastal Homes LLC harmless and that Coastal Homes LLC has no responsibility for any damages that you cause to an Property or to any person. You also agree that as a renter, your personal insurance will act as primary to any coverage you purchase through Coastal Homes LLC Booking Platform. Coastal Homes LLC also reserves the right to charge the credit card on file or otherwise collect payment from you and pursue any avenues available to Coastal Homes LLC in this regard, including using Security Deposits, in situations in which you have been determined, in Coastal Homes LLC sole discretion, to have damaged the Property, including, but not limited to, in relation to any payment requests made by the Company, and in relation to any payments made by Coastal Homes LLC. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Property to the applicable Owner or to Coastal Homes LLC (if applicable). If a Property has been damaged during the rental period and the damage occurred as a result of vandalism or there is a suspicion of vandalism, a police report must be filed of the damaged Property before an insurance claim can be processed.
Renter agree to cooperate with and assist Coastal Homes LLC in good faith, and to provide Coastal Homes LLC with such information and take such actions as may be reasonably requested by Coastal Homes LLC, in connection with any complaints or claims made relating to Properties or any personal or other property located at an Short Term Holiday Rental or with respect to any investigation undertaken by Coastal Homes LLC or a representative of Coastal Homes LLC regarding use or abuse of the Site, Application or the Services. If you are a Renter, upon Coastal Homes LLC reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with Coastal Homes LLC, at no cost to you, which process will be conducted by Coastal Homes LLC or a third party selected by Coastal Homes LLC.
YOU HEREBY AGREE TO PAY ANY LOSS OF REVENUE RELATED TO THE DAMAGE COURSED BY YOU. THE DAMAGED PROPERTY NEEDS TO BE FIXED, CLEANED OR OTHERWISE CAN NOT BE RENTED DURING THIS PERIOD YOU WILL BE CHARGED EQUAL TO THE DAILY RENTAL FEE. THIS FEE WILL REIMBURSE COASTAL HOMES LLC FOR THE LOSS OF REVENUE DURING THE PERIOD THE RV IS UNRENTABLE. COASTAL HOMES LLC WILL REQUEST PAYMENT FROM YOU UNDER THESE TERMS.
CANCELLATION AND REFUNDS
If, as a Renter, you cancel your requested booking before the requested booking is confirmed by an Owner, the Company will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Renter, you wish to cancel a confirmed booking made via the Services, either prior to or after arriving at the Property, the cancellation policy of Coastal Homes LLC contained in the applicable Listing will apply to such cancellation. Our ability to refund the Booking Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Services.
If an Owner cancels a confirmed booking made via the Services, (i) Coastal Homes LLC will refund the Total Fees for such booking to the applicable Renter within a commercially reasonable time of the cancellation and (ii) the Renter may receive an email or other communication from Coastal Homes LLC containing alternative Listings and other related information. If the Renter requests a booking from one of the alternative Listings and the Owner associated with such alternative Listing confirms the Renter’s requested booking, then the Renter agrees to pay Coastal Homes LLC the Total Fees relating to the confirmed booking for the Property in the alternative Listing, in accordance with these Terms. If an Owner canceled a confirmed booking and you, as a Renter, have not received an email or other communication from Coastal Homes LLC, please contact us via email or the Booking Platform.
TAXES
IRS regulation, regarding federal tax reporting requirements, stipulates that Coastal Homes LLC must collect tax outlined in the local government area. Tax charges will be made visible on the booking confirmation send to the Renter via email from the Booking Platform.
USER CONDUCT
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Services and Content. In connection with your use of our Services, you may not and you agree that you will not:
i:violate any local, state, provincial, national, park, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions, admiralty law and Tax regulations;
ii:use manual or automated software, devices, scripts, robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Services or Content;
iii:use the Services for any commercial or other purposes that are not expressly permitted by these Terms;
iv:copy, store or otherwise access any information contained on the Services or Content for purposes not expressly permitted by these Terms;
v:infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
vi:interfere with or damage our Services, 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;
vii:use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
viii:use our Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
ix:“stalk” or harass any other user of our Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Coastal Homes LLC Renter or Owner;
x:offer, as an Owner, any property that you do not yourself own or have permission to rent
xi:offer, as an Owner, any Property that may not be rented pursuant to the terms and conditions of state government laws
xii:contact a Renter for any purpose other than asking a question related to a booking or such Renter’s use of the Site, Application and Services;
xiii:when acting as a Renter or otherwise, recruit or otherwise solicit any Owner or other Member to join third party services or websites that are competitive to Coastal Homes LLC, without prior written approval;
xiv:use automated scripts to collect information or otherwise interact with the Services;
xv:as an Owner, submit any Listing with a false or misleading price information or submit any Listing with a price that you do not intend to honor;
xvi:post, upload, publish, submit or transmit any Content that, in Coastal Homes LLC sole judgment: (1) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (2) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability; (3) is fraudulent, false, misleading or deceptive; (4) is defamatory, obscene, pornographic, vulgar or offensive; (5) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (6) is violent or threatening or promotes violence or actions that are threatening to any other person; or (7) promotes illegal or harmful activities or substances;
xvii:systematically retrieve data or other content from our Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
xviii:attempt to probe, scan, or test the vulnerability of any Coastal Homes LLC system or network or breach any security or authentication measures;
xix:avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by airB&B, Logify or any of Coastal Homes LLC providers or any other third party (including another Renter) to protect the Services or Collective Content;
xx:attempt to scrape assets and content from the website
xxi:attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Collective Content; or
xxii:advocate, encourage, or assist any third party in doing any of the foregoing.
Coastal Homes LLC will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Coastal Homes LLC may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Coastal Homes LLC has no obligation to monitor your access to or use of the Services or Collective Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
Coastal Homes LLC reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Coastal Homes LLC at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.
PRIVACY
See Glampers Califfornia’s Privacy Policy at www.glampersca.com/privacy-policy
OWNERSHIP
The Services and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Services and Collective Content, including all associated intellectual property rights, is the exclusive property of Coastal Homes LLC and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Collective Content.
INSURANCE
Renters that have been approved by Coastal Homes to rent a Property, must have a liability insurance covering for, physical damage up to a $1,000,000 during rental period. Unless otherwise stipulated in the insurance the Renter is responsible for all damage to the Property, missing equipment, down time, and the Owner’s administrative expenses connected with loss irrespective of the cause of damage or loss or the negligence or lack thereof of Renter. Renter is responsible for loss due to theft during the rental period. Renter is responsible for all damages due to vandalism of the rental.
Renter must report damage all accidents or incidents of theft or vandalism to the police as soon as possible.
THE LAWS OF SOME STATES REQUIRE US TO FURNISH YOU WITH THE FOLLOWING NOTICES:
WARNING – ANY PERSON WHO KNOWINGLY:
Arizona and Arkansas: presents a false or fraudulent claim for payment of a loss or benefit is subject to criminal and civil penalties, or specific to AR: presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.
California, Louisiana, New Mexico and Texas: presents a false or fraudulent claim for the payment of a loss or benefit (or specific to LA and TX: who knowingly presents false information on an application for insurance) is guilty of a crime and may be subject to fines and confinement in state prison, (or specific to NM: to civil fines and criminal penalties.)
RIGHT OF POSSESSION
Coastal Homes LLC shall always have superior right of possession of the Property over Renter. In the event that the Property owner’s, officers or employees, in their sole and absolute discretion, determine that the Property is at risk of damage or loss, the Coastal Homes LLC shall have the absolute right, but not the obligation, to recover the rental from Renter regardless of the amount of time remaining in the Rental Agreement. In the event Coastal Homes LLC a rental from Renter, in addition to those costs payable pursuant to other parts, of this Agreement, Renter shall pay all costs associated with such recovery including, but not limited to, employee wages, travel costs, repairs and Down Time
GENERAL REQUIREMENTS
Renter agrees not to use drugs or illegal substances while renting a Property nor permit access to the Property any other person is under the influence of a drug or illegal substance. Renter further agrees not to use, or permit use of the Property for unlawful purposes. Renters will hold Coastal Homes LLC harmless from any and all fines and penalties incurred during the rental period caused directly or indirectly by negligence, misuse or carelessness. Renter further agrees to indemnify and hold harmless Coastal Homes LLC from and against any and all claims for loss of, or damage to property, or injury to person, including death, resulting from the use and operation of the rented Property. Unless prohibited by law, you release Coastal Homes LLC from any liability for consequential, special or punitive damages in connection with this rental.
Renter shall hold harmless, Coastal Homes LLC and its authorized agents and employees from and against all loss, bodily injury, damages and expenses, including legal expenses, of any kind arising from a rental unit during rental possession extending to such time use is finalized and cleared by the Owner or Rental Agency, including without limitations, latent and other defects whether or not discoverable by you or Coastal Homes LLC. This indemnity shall continue in effect at all times despite the of the rental before or after expiration of the contract terms whether by a formal request from Coastal Homes LLC, or otherwise. It is agreed and understood that the Coastal Homes LLC, may control the defense of any such claim. Any violation of these terms will result in denial of insurance coverage
LINKS
The Services may contain links to third-party websites or resources. You acknowledge and agree that Coastal Homes LLC is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Coastal Homes LLC of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
PROPRIETARY RIGHTS NOTICES
All trademarks, service marks, logos, trade names and any other proprietary designations of Coastal Homes LLC used herein are trademarks or registered trademarks of Coastal Homes LLC. Any other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
FEEDBACK
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Services (“Feedback”). You may submit Feedback through info@coastalhomesca.com our Booking Platform. You acknowledge and agree that all Feedback will be the sole and exclusive property of Coastal Homes LLC and you hereby irrevocably assign to Coastal Homes LLC and agree to all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Coastal Homes LLC’s request and expense, you will execute documents and take such further acts as Coastal Homes LLC may reasonably request to assist Airbnb or Logify to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
DISCLAMER
IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT COASTAL HOMES LLC DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, RENTERS BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SERVICES, COLLECTIVE CONTENT ARE PROVIDED “ AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, COASTAL HOMES LLC EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. COASTAL HOMES LLC MAKES NO WARRANTY THAT THE SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY RVS, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. COASTAL HOMES LLC MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, RVS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COASTAL HOMES LLC OR THROUGH THE SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES OR BOOKING OF AND USE OF ANY RVS VIA THE SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF THE SERVICES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER COASTAL HOMES LLC NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, OR USE OF ANY PROPERTY VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT COASTAL HOMES LLC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
INDEMNIFICATION
You agree to release, defend, indemnify, and hold Coastal Homes LLC and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Services or Collective Content or your violation of these Terms; (b) interaction with any Member, (c) booking or use of a Property
ASSIGNMENT
You may not assign or transfer these Terms, by operation of law or otherwise, without Coastal Homes LLC’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Coastal Homes LLC may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
NOTICES
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Coastal Homes LLC (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
CONTROLLING LAW AND JURISDICTION
These Terms will be interpreted in accordance with the laws of the State of California, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state or federal court located in California for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
NOTICE FOR USERS IN CALIFORNIA
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 .
CONTACT INFORMATION
Questions about the Terms of Use should be sent to us at www.coastalhomesca.com