Last Updated: June 15th, 2017
The website located at www.socoastal.com (the "Site") is a copyrighted work belonging to SoCoastal, LLC ("SoCoastal", "us", “our” and "we"). Certain features of the Services or Site may be subject to additional guidelines, terms, or rules, which will be posted on the Service or Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement.
1.1 SoCoastal provides an online service that helps connect Managers who own or manage vacation rental properties ("Rental Properties", “Rental Property” or “Rental”) and Guests seeking to rent such Rental Properties (collectively, with all other services provided through the Site, the "Services").
Managers with a SoCoastal Account ("Managers", “Manager”) may list Rental Properties on the Service ("Listings") and Guests may book Listings ("Guest"), in accordance with this Agreement. "User" means any user of the Site or Service, and may be a Guest or a Manager. If you are a Manager, the provisions regarding Managers apply to you. If you are a Guest, the provisions regarding Guests apply to you. If you are a User, the provisions regarding Users apply to you.
1.2 Listings. Guests may request to book Listings via the Services, in accordance with the terms of this Agreement. A Manager may also include any terms and conditions that the Manager wants the Guest to agree to in order to book the Listing ("Rental Agreement"). By submitting a Booking Request (as described below) for a Listing, the Guest agrees to the Rental Agreement. The Rental Agreement is solely between the Manager and the Guest, and SoCoastal is not a party thereto. All Listings are deemed User Content and therefore the provisions in Section 4.1 and the Acceptable Use Policy apply to Listings. SoCoastal reserves the right, at any time and without prior notice, to remove any Listing for any reason, including but not limited to Listings that SoCoastal, in its sole discretion, considers to be in violation of these Terms or objectionable for any reason.
2. Payment Terms
2.1 Booking Procedures.
2.1a Managers are required to manually review and choose to either accept or decline a Booking Request. "Confirmed Booking" or “Booking” means a Booking Request from a Guest that has been accepted by or on the behalf of a Manager as described below.
2.1b If a Guest submits a Booking Request, SoCoastal will notify the Manager via e-mail and provide the details of the Booking Request. The Manager will then be required to either accept or decline the Booking Request within 1 business day of such notice; otherwise the Booking Request will automatically be cancelled. When a Booking Request is accepted, the cancellation policy provided by the Manager for the Listing will apply.
2.2 Payment Terms for Guests. The following terms apply to Guests.
2.2a Rental Fees. The rental fees for each Listing consist of the base rental amount for the Listing, which includes cleaning fees, linen fees, or other discretionary Manager fees, as applicable (the "Rental Rate"). Additionally, the Rental Fees include any applicable Taxes. The amounts due and payable by a Guest relating to the booking of a Manager's Listing are the Rental Rate, Tax, Service Fee (defined below) and the Security Deposit (defined below), as applicable, collectively referred to in this Agreement as the "Total Fee".
2.2b Service Fees. In consideration for providing the Service and Site that benefits Guests, SoCoastal at its sole discretion reserves the right to charge a fee to the Guest based upon a variable percentage amount of the whole or part of the Rental Fee, excluding Taxes as disclosed to the Guest prior to his or her confirmation of payment for the Booking. Service Fees are non-refundable on Confirmed Bookings.
2.2c If your Booking Request is accepted, SoCoastal will charge the credit card provided the Total Fee (subject to any Scheduled Payments, discussed below). When you make a Booking Request, SoCoastal will (i) obtain a pre-authorization via your credit card for the Total Fee (subject to any Scheduled Payments, discussed below) or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1).
2.2d If your Booking Request is declined, SoCoastal will use commercially reasonable efforts to release any pre-authorization of such credit card within 3 business days from the date SoCoastal receives notice of the Booking Request being declined by Manager.
2.2e Scheduled Payments. Managers may ask Guests to make scheduled, partial payments toward the Total Fee owed for a Confirmed Booking of the applicable Listing (collectively, "Scheduled Payments"). If Scheduled Payments apply to your payment obligations for Total Fees owed, you authorize SoCoastal to collect the Total Fee on behalf of the Manager, based on the schedule and amounts noted in the Booking Request or in other communications.
2.2f Credit Card Charge Authorization. You agree to pay SoCoastal, acting on behalf of the Manager, for the Total Fee (subject to any Scheduled Payments), for any booking at the time you send a Booking Request to a Manager. The Total Fee will be collected in accordance with this Agreement and the pricing terms specified in the Booking Request. You hereby authorize the collection of such amounts by charging the credit card provided as part of the Booking Request, either directly by SoCoastal or indirectly, via a third party online payment processor or by one of the payment methods described on the Site.
2.2h Pricing and Availability Accuracy, Errors & Omissions. All pricing is displayed in U.S dollars. SoCoastal uses commercially reasonable efforts to display accurate pricing and availability information on the Site. SoCoastal, nor Managers are obligated to honor any quotes or Booking Requests that include inaccurate availability and/or pricing information due to errors and/or omissions. If an availability or pricing error or omission is identified, SoCoastal reserves the right to correct such information within a timely manner. Any and all quotes and/or Booking Requests that contain inaccurate availability and/or pricing information will be deemed null and void.
2.3 Payment Terms for Managers. The following terms apply to Managers.
2.3a SoCoastal will collect the Total Fee (defined above) from the Guest at the time the Manager accepts the Guest’s Booking Request, subject to any Scheduled Payments (detailed above) and will remit the applicable Rental Fees, less the Transaction Fee (described below), to Manager 30 days (or less dependent on the Scheduled Payments) before the Guest’s check-in date using commercially reasonable efforts. All payments will be in U.S dollars. All Transaction Fees are non-refundable. Transaction Fees are exclusive of all Taxes and you are responsible for payment of all such Taxes. You hereby authorize SoCoastal to deduct Transaction Fees as described below.
2.3b Transaction Fees. In consideration for providing the Service and Site that benefits Managers, SoCoastal collects Transaction Fees from Managers. Transaction Fees vary based on a separate Custom Listings Service Agreement executed between SoCoastal and Managers. Except as otherwise provided herein, Transaction Fees are non-refundable.
2.4 Security Deposits. Managers may choose to include a security deposit requirement in their Listings ("Security Deposits"), which is in addition to the Rental Fees. Guests are responsible for leaving the Rental Property in the condition it was in when the Guest arrived or in the condition in keeping with the terms and conditions set forth in the Manager's Rental Agreement. Guests are responsible for the Guest's own acts and omissions and the acts and omissions of any individuals who the Guest invites to, or otherwise provide access to, the Rental Property. Except as set forth above, SoCoastal is not responsible for any claims by Managers related to damage to the Rental, and disclaims any and all liability in this regard.
2.5 Guest Cancellations and Refunds. As a Guest, if you wish to cancel a Confirmed Booking made via our Site, the cancellation policy of the Manager contained in the applicable Listing will apply to and govern the terms of your cancellation and any refunds. If a Manager cancels a confirmed booking made via our Site prior to the check-in date, SoCoastal will at its sole discretion (i) provide the Guest an alternate Rental Property on the SoCoastal Service which is acceptable to the Guest or (ii) refund the Total Fee for such booking to the applicable Guest within a commercially reasonable time from the date of the cancellation.
2.6 Manager Cancellation Fee. If Manager cancels a Confirmed Booking for any reason, SoCoastal at its sole discretion may impose a fee (the “Cancellation Fee”), which we will either charge to you directly or withhold from your future disbursements. The Cancellation Fee exists because cancellations can have serious implications on a Guest’s trip, and cause us to incur costs. You accept that the Cancellation Fee represents a genuine pre-estimate of our loss resulting from your cancellation. For the avoidance of doubt, once you accept a booking, you are under an obligation to fulfill it. If you breach this obligation and cancel a booking, then SoCoastal may impose the Cancellation Fee. The Cancellation Fee is a fixed amount that is no greater than $99 USD. Additionally, If the Manager cancels the Guest's Confirmed Booking, then the Manager will use commercially reasonable efforts to either (i) provide the Guest an alternate Rental Property which is acceptable to the Guest or (ii) cover the cost for the Guest to book an alternate similar Rental Property on the SoCoastal Service (as selected by SoCoastal in its sole discretion), or if no such alternate is available on the SoCoastal Service, an alternate Rental Property elsewhere which is acceptable to the Guest. Both the Manager and the Guest agree that any such selection by SoCoastal is binding. Except as set forth above, SoCoastal is not responsible for any claims by Guests related to damages caused by Double Bookings, and disclaims any and all liability in this regard.
2.7 Taxes. IRS regulations, regarding federal tax reporting requirements, stipulate that SoCoastal must collect IRS Form W-9 from all Managers in the United States, where applicable. Manager agrees to indemnify and keep SoCoastal indemnified from and against any and all claims, actions, proceedings, damages, losses, liabilities and expenses (including legal fees) suffered or incurred by us arising out of errors in Manager’s Tax calculations or Manager’s failure to account for applicable Taxes.
2.8 General Payment Terms. If SoCoastal is unable to charge a Guest's credit card as described above, SoCoastal may invoice the Guest for such amount and the Guest shall pay all invoiced amounts within thirty (30) days after the date of invoice. For all amounts owed by Managers, SoCoastal may either deduct such amounts from any amounts due to the Manager or invoice the Manager for such amounts and the Manager shall pay all invoiced amounts within thirty (30) days after the date of invoice. All payments must be made in U.S. dollars. Any amount that is not paid when due will accrue interest at eighteen percent (18%) per annum or the maximum rate permitted by applicable law, whichever is less, from the due date until paid.
2.9 Chargebacks. In the event of a Guest disputing a booking or a damage claim charge arising from any acts or omissions of the Manager, SoCoastal will contest the dispute on behalf of the Manager. In the event of losing a chargeback, Manager will be liable for the disputed funds and is expected to refund SoCoastal the amount paid to them for the disputed transaction. SoCoastal reserves the right to collect the disputed transaction's payment from future disbursements to Manager.
3. SoCoastal Account. With assistance from Manager, SoCoastal will provide an account ("SoCoastal Account") to Manager. You represent and warrant that: (a) all registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your SoCoastal Account login information and are fully responsible for all activities that occur under your SoCoastal Account. You agree to immediately notify SoCoastal of any unauthorized use, or suspected unauthorized use of your SoCoastal Account or any other breach of security. SoCoastal cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You may not have more than one SoCoastal Account.
4. User Content
4.1 Your User Content. "User Content" means any and all information and content that a User submits to, or uses with, the Site or Services. The Site or Service may allow you to submit various User Content, e.g., Listings if you are a Manager and Reviews if you are a Manager or Guest ("Reviews"). You are solely responsible for your User Content (including your Listings and Reviews). You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by SoCoastal. Because you alone are responsible for your User Content (and not SoCoastal), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. SoCoastal is not obligated to remove any Listing or User Reviews from the Site unless required by applicable Law. SoCoastal is not obligated to backup any User Content and User Content may be deleted at anytime. You are solely responsible for creating backup copies of your User Content if you desire.
4.2 License to User Content. You hereby grant, and you represent and warrant that you have the right to grant, to SoCoastal a nonexclusive, royalty-free, perpetual, transferable, irrevocable right to use, reproduce, modify, edit, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such content throughout the world in any media and otherwise use your User Content. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. SoCoastal may, at no additional cost to Manager, license third-party web sites to advertise the Listings in order to maximize exposure for your Listings. You agree that we may reproduce in whole or in part any photographic material supplied by you in the promotion of your property or the promotion of the Site.
4.3 Other Users. Each User is solely responsible for any and all of its User Content (e.g., Managers are responsible for their Listings and each User is responsible for his/her Reviews). Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content. We are not required to review User Content. We make no guarantees, warranties, or endorsements regarding User Content, including the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. You use all User Content at your own risk.
5. Acceptable Use Policy.
The following sets forth SoCoastal's "Acceptable Use Policy":
5.1 Listings. Managers represent and warrant that each Listing displays an individual and uniquely identified vacation rental property available for short term rent. Managers may not offer a Rental Property that the Manager does not own or have permission to rent as a residential property (e.g., Managers cannot list Rental Properties if the Manager is serving in the capacity of a rental agent or listing agent for a third party). Managers may not offer a Rental Property that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party (e.g., a property rental agreement). Managers may not submit photos for Listings that contain any type of watermark. SoCoastal reserves the right to remove or modify photos in an effort to remove watermarks in its sole discretion and without notice to you. Managers agree that each Listing is subject to review and SoCoastal reserves the right to edit, amend, remove or improve any Listing and the design, layout and functionality of Listings and the Site, in its sole discretion and without notice to you. Managers represent and warrant that the Listings will not contain addresses of other websites or brand/company name mentions. Addresses of other websites and brand/company name mentions will be removed from Listings without notice. You agree not to place email addresses within your listings. Email addresses will be removed from Listings without notice.
5.2 User Content. You agree not to use the Site or Services with any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any Laws, or obligations or restrictions imposed by any third party.
5.3 Other Restrictions. You agree not to use the Site or Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Site or Services, other computer systems or networks connected to or used together with the Site or Services, through password mining or other means; (f) harass or interfere with another user's use and enjoyment of the Site or Services; (g) introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Services; (h) impersonate any person or entity or falsify or misrepresent yourself or your affiliation with any person or entity; or (i) display, mirror, or frame the Site.
5.4 We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion (including removing or modifying your User Content, terminating your SoCoastal Account, and/or reporting you to law enforcement authorities) if you violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person.
6.1 License. Subject to the terms of this Agreement, SoCoastal grants you a non-transferable, non-exclusive, license to use the Site and Services for your personal use.
6.2 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, distribute, host, or otherwise commercially exploit the Site or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof.
6.3 Modification. SoCoastal reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that SoCoastal will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof.
6.4 Feedback. If you provide SoCoastal any feedback or suggestions regarding the Site or Services ("Feedback"), you hereby assign to SoCoastal all rights in the Feedback and agree that SoCoastal shall have the right to use such Feedback and related information in any manner it deems appropriate. SoCoastal will treat any Feedback you provide to SoCoastal as non-confidential and nonproprietary. You agree that you will not submit to SoCoastal any information or ideas that you consider to be confidential or proprietary.
6.5 Ownership. Excluding your User Content, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and Services are owned by SoCoastal or SoCoastal's licensors. The provision of the Site and Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. SoCoastal and its Managers reserve all rights not granted in this Agreement.
7. Indemnity. You agree to indemnify and hold SoCoastal (and its officers, employees, and agents) harmless, including costs and attorney fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Site or Services, (ii) your User Content, (iii) your Rental and Listing if you are a Manager, (iv) your use of a Rental if you are a Guest, (v) your interaction with any other User, (vi) your violation of this Agreement; or (vii) your violation of applicable Laws. SoCoastal reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of SoCoastal. SoCoastal will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
8. Third Party Sites & Ads.
8.1 Third Party Sites & Ads. The Site might contain links to third party websites, services, and advertisements for third parties (collectively, "Third Party Sites & Ads"). Such Third Party Sites & Ads are not under the control of SoCoastal and SoCoastal is not responsible for any Third Party Sites & Ads. SoCoastal provides these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you link to a Third Party Site & Ad, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads.
8.2 Travel Insurance. SoCoastal does not provide any travel insurance. The Site facilitates purchasing travel insurance from third party insurance providers. Any travel insurance you purchase from a third party insurance provider is between you and the third party insurance provider.
9. Term and Termination. Subject to this Section, this Agreement will remain in full force and effect while you use the Site or Services. We may (a) suspend your rights to use the Site and/or Services (including your SoCoastal Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of this Agreement. Upon termination of this Agreement, we will promptly pay Managers any amounts we reasonably determine we owe such Managers hereunder and Guests will remain liable for any amounts such Guests owes hereunder. Upon termination of this Agreement, your SoCoastal Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of your SoCoastal Account may involve deletion of your User Content associated therewith from our live databases; however we reserve the right to continue to use your User Content. SoCoastal will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your SoCoastal Account or deletion of your User Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 6.5, 7, 8, 10, 11, 12, and 13.
10. Disclaimers. THE SITE AND SERVICES ARE PROVIDED "AS-IS" AND "AS AVAILABLE" AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WE MAKE NO WARRANTIES REGARDING THE LISTINGS, RENTALS, REVIEWS, MANAGERS, GuestS, OR OTHER USERS. LISTINGS, RENTALS, AND REVIEWS ARE PROVIDED "AS IS". MANAGERS PROVIDE RENTALS/LISTINGS AND GUESTS BOOK RENTALS/LISTINGS AT THEIR OWN RISK. SOCOASTAL RESERVES THE RIGHT TO CANCEL A RESERVATION IN CASE THERE ARE ANY INACCURACIES WITH PRICE OR LISTING INFORMATION.
IN NO EVENT SHALL WE (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES WHATSOEVER ARISING FROM OR RELATING TO THE RENTALS, LISTINGS, OR REVIEWS, OR YOUR INTERACTION WITH ANY MANAGERS, GUESTS, OR OTHER USERS. SOCOASTAL'S SOLE ROLE IS TO FACILITATE THE AVAILABILITY OF THE SITE AND SERVICES. THE MANAGER, AND NOT SOCOASTAL, IS THE OWNER/AUTHORIZED AGENT OF THE RENTAL IN THE LISTING. SOCOASTAL IS NOT A REPRESENTATIVE, AGENT, CONTRACTING AGENT, OR INSURER OF ANY MANAGER OR GUEST. WHILE USERS ARE REQUIRED UNDER THIS AGREEMENT TO PROVIDE ACCURATE INFORMATION, WE DO NOT ATTEMPT TO CONFIRM, AND DO NOT CONFIRM, ANY USER'S PURPORTED IDENTITY OR ANY RENTAL OR LISTING. YOU SHOULD MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY TRANSACTION (INCLUDING BOOKING A LISTING). YOUR INTERACTIONS WITH OTHER USERS (INCLUDING BOOKING A LISTING) AND THE TERMS GOVERNING SUCH INTERACTIONS (INCLUDING THE LISTING TERMS) ARE SOLELY BETWEEN YOU AND SUCH USER. THE MANAGERS, NOT SOCOASTAL, ARE SOLELY RESPONSIBLE FOR HONORING ANY BOOKED LISTINGS AND MAKING AVAILABLE ANY RENTALS. YOU AGREE THAT SOCOASTAL WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED AS THE RESULT OF ANY SUCH INTERACTIONS (INCLUDING BOOKING A LISTING). IF THERE IS A DISPUTE BETWEEN YOU AND ANY USER (INCLUDING REGARDING A LISTING), WE ARE UNDER NO OBLIGATION TO BECOME INVOLVED.
11. Limitation on Liability. IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR (AND OUR SUPPLIERS') LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) ONE HUNDRED U.S DOLLARS ($100) OR (B) AMOUNTS YOU HAVE PAID SOCOASTAL IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
12. Release. You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and release, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions or transactions with, or act or omission of, other Users, including Managers, Guests and Third Party Sites & Ads.
13. Copyright Policy. SoCoastal respects the intellectual property of others and asks that users of our Site and Services do the same. In connection with our Site and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site and Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement.
The designated Copyright Agent for SoCoastal is:
Attention: Copyright Agent
Address: 1229 38th Ave N #106, Myrtle Beach, SC 29577
14.1 No Support or Maintenance. You acknowledge and agree that SoCoastal will have no obligation to provide you with any support or maintenance in connection with the Site or Services.
14.3 Dispute Resolution. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
14.3a Except for either party's claims of infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret, any and all disputes between you and SoCoastal arising under or related in any way to this Agreement, must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of any of the SoCoastal Site and Service.
14.3b YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND SOCOASTAL ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND SOCOASTAL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED
14.3c The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association ("AAA"), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and SoCoastal must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in your choice of the following locations: Myrtle Beach, SC or Cleveland, OH. The arbitrator's ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in Horry County, South Carolina. Claims of infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in Horry County, South Carolina.
14.3d This Agreement shall be governed by and construed solely and exclusively in accordance with the laws of the State of South Carolina, USA without giving effect to any law that would result in the application of the law of another jurisdiction.
14.4 Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Manager’s relationship to SoCoastal is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without SoCoastal's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
14.5 Copyright/Trademark Information. Copyright © 2016, SoCoastal, LLC. All rights reserved. All trademarks, logos and service marks ("Marks") displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
14.6 Contact Information:
Address: 1229 38th Ave N #106, Myrtle Beach, SC 29577