Terms of Service

These Terms of Service (this “Agreement”), are by and between Pure Coastal Development LLC (“Pure Coastal” or “Us” or “We” or “Our”) and the individual accessing or using the Pure Coastal customer mobile application (“You” or “Your”).

WE PROVIDE THE PURE COASTAL CUSTOMER MOBILE APPLICATION (THE “APPLICATION”) AND ACCESS TO THE RELATED SERVICES SOLELY ON THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT AND ON THE CONDITION THAT YOU ACCEPT AND COMPLY WITH THEM. BY CLICKING THE “I AGREE” BUTTON  BELOW YOU (A) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS; AND (B) REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT.  IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, WE WILL NOT AND DO NOT LICENSE THE APPLICATION TO YOU AND YOU MUST NOT DOWNLOAD, ACCESS OR USE THE APPLICATION IF YOU DON’T AGREE TO THESE TERMS.  YOUR USE OF AND ACCESS TO THE APPLICATION AND SERVICES IS SUBJECT TO OUR PRIVACY POLICY, WHICH IS AVAILABLE HERE: HTTPS://WWW.PURECOASTAL.LIFE/PRIVACY-POLICY (“PRIVACY POLICY”).  BY ACCESSING OR USING THE APPLICATION OR SERVICES, YOU AGREE THAT WE CAN COLLECT AND USE YOUR INFORMATION IN ACCORDANCE WITH OUR PRIVACY POLICY. 

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, NO LICENSE IS GRANTED (WHETHER EXPRESSLY, BY IMPLICATION OR OTHERWISE) UNDER THIS AGREEMENT, AND THIS AGREEMENT EXPRESSLY EXCLUDES, ANY RIGHT CONCERNING ANY HARDWARE, SOFTWARE OR APPLICATION THAT YOU DID NOT ACQUIRE LAWFULLY OR THAT IS NOT A LEGITIMATE, AUTHORIZED COPY OF OUR APPLICATION.

  1. .  Subject to and conditioned upon Your strict compliance with all terms and conditions set forth in this Agreement, through Your use of the Application, We will provide You access to offers and the provision of professional services from various services companies (collectively, “Service Providers”), described in the Application, which You may decide to purchase (the “Services”).  We do not provide You any warranties, representations, guarantees or other promises with respect to the availability, performance, cost, professionalism, timeliness or anything else related to the Services.  We, through the Application, merely provide You a platform to order, pay for, access and manage such Services and Our liability to You under this Agreement will be limited to solely the Application, not the Services You may inquire about, purchase or otherwise receive through use of the Application.  If You choose to purchase or otherwise receive any Services through the Application, Your receipt of such Services may be subject to additional terms and conditions provided by Service Providers, which We are not party to, responsible for or liable for.  To use the Application and receive access to the Services, You must install the Application on Your mobile device and create an “Account,” which will include information that will be unique to You.  You agree to keep Your Account current and to update Your Account information as necessary or required by Us.  We may revise the Application and/or access to the Services at any time, without notice to You.  We may discontinue access to the Application and/or any Services at any time, without notice to You.  Full use of the Application is dependent upon Your use of adequate and compatible internet access, software and hardware.  You are responsible for securing such access, software and equipment, and Your failure to do so could affect Your access to, and the functioning of, the Application and receipt of the Services.  It is Your responsibility, and not Our responsibility, to determine whether the mobile device You will use with the Application is compatible.

  2. License Grant and Scope.  Subject to and conditioned upon Your strict compliance with all terms and conditions set forth in this Agreement, We hereby grant You a non-exclusive, non-transferable, non-sublicensable, limited license during the Term to access and use the Application on compatible devices and in accordance with the provisions of this Agreement.

  3. Use Restrictions. You shall not, and shall not allow, encourage, enable or solicit any individual, corporation, partnership, joint venture, limited liability company, governmental authority, unincorporated organization, trust, association or other entity other than You or Us (each, a “Third Party”) to, directly or indirectly:

    • use (including make any copies of) the Application beyond the scope of the license granted under Section 2;

    • provide any Third Party with access to or use of the Application, Services or Your Account information;

    • copy, modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Application or any part thereof;

    • combine the Application or any part thereof with, or incorporate the Application or any part thereof in, any other programs or services;

    • reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;

    • remove, delete, alter or obscure any trademark, copyright, patent or other intellectual property or proprietary rights notices provided on or with the Application, including any copy thereof;

    • rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or Services, or any features or functionality of the Application, to any Third Party for any reason;

    • use the Application or Services in violation of any law, regulation or rule;

    • remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection or security features in the Application;

    • use the Application or Services for purposes of competitive analysis or creation of a competing product or service or any other purpose that is to Our commercial disadvantage;

    • use the Application or Services outside of the United States; or

    • use the Application on devices that are not owned or otherwise controlled by You.

 

  1. Responsibility for Use of Application. You shall safeguard the confidentiality of Your Account information and are responsible and liable for all uses and receipt of the Application and Services through Your Account.  You are responsible for preserving the confidentiality of Your Account information.  You are responsible for all activity that occurs in connection with Your Account and We are not responsible for any damage or injury caused by Your failure to keep Your Account information confidential.  Without limiting any other provision of this Agreement, You agree not to use the Application to upload, post, email or otherwise transmit any materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or in violation of any applicable laws or regulations.  Your right to use and/or access the Application and Services is conditioned upon Your compliance with the standards and conduct guidelines set forth above and applicable law.  If You fail to adhere to these standards and guidelines, or any part of this Agreement, We may terminate, in Our sole discretion and without notice to You, Your use of, or access to, the Application or Services.

  2. No Endorsement.  We do not sponsor, endorse, recommend or approve of any Service Provider that offers Services through Our Application.  While We try to confirm that participating Service Providers are licensed to perform their respective Services, if required, We cannot and do not represent or warrant that any Service Provider is licensed, qualified, or capable of performing any such Service or that any information provided to You from a Service Provider is accurate and complete, as described further in Section 12 below.  You should exercise caution and common sense when scheduling and/or managing Services through the Application and You acknowledge and agree that You accept receipt of such Services at Your own risk.  Reference to any products, Services, process or other information, by trade name, trademark manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Us.

  3. Referral Program.  The Application includes a function that allows You to refer other potential customers to Service Providers (each a “Referral Contact”) by providing the Service Provider with the Referral Contact’s contact information, such as their name, email address, and telephone numbers (“Referral Contact Information”).  By disclosing Referral Contact Information through the Application, You represent and warrant that (i) You have the right to disclose such Referral Contact Information, and (ii) that You have obtained all necessary consents from the Referral Contacts to disclose their information and that the Referral Contacts have knowingly and voluntarily consented to You sharing their information with the Service Provider.  You agree to indemnify, defend and hold Us harmless from and against any claims, liability, damages, expenses, or loss arising out of Your provision of the Referral Contact Information to Us and the Service Providers.

  4. Monitoring, Audit and Expectations of Privacy.  The Application is subject to monitoring by Us at all times to ensure proper functioning, to prevent unauthorized use and violations of laws and regulations, to deter criminal activity, and for Our other business purposes.  As a user of the Application, You hereby acknowledge and agree that any information placed in the Application or shared through use of the Services is subject to monitoring and use by Us in accordance with Our Privacy Policy and is not subject to any expectation of privacy from Us beyond the obligations of applicable law and Our Privacy Policy.  We reserve the right to disclose to law enforcement authorities information concerning Your use of, and/or access to, the Application and Services.

  5. Collection and Use of Information.  You acknowledge that when You download, install or use the Application, We may use automatic means (including, for example, cookies and web beacons) to collect information about You and about Your use of the Application and Services, in accordance with Our Privacy Policy.  You also may be required to provide certain information about Yourself, including Your personal information and payment information, as a condition to downloading, installing or using the Application or receiving Services or certain of their features or functionality, and the Application and Services may provide You with opportunities to share information about Yourself with Us or with Third Parties.  You represent and warrant that You own or have the right to all information, feedback, suggestions, ratings, photos, and other content (“Submissions”) that You post to the Application, submit through the Services, or otherwise provide to Us.  You hereby grant Us a non-exclusive, transferable, sublicensable, worldwide, irrevocable, royalty-free license to use, copy, modify, translate, create derivative works from, and distribute such Submissions.  You further represent and warrant that Your Submissions will at all times be in compliance with Section 4 of this Agreement. 

  6. .  We may from time to time in Our sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”).  Updates may also modify or delete in their entirety certain features and functionality of the Application and/or access to Services.  You agree that We have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of the Application or Services. You may be required to download and install Updates as a condition to Your continued use of and access to the Application and Services.

 

  1. Intellectual Property Rights.  As used herein, “Intellectual Property Rights” means any and all registered and unregistered rights granted, applied for or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world.  You acknowledge and agree that the Application is provided under license, and not sold, to You.  You do not acquire any ownership interest in the Application or Services under this Agreement, or any other rights thereto other than to use the Application and receipt of  access to Services offered by Service Providers through the Application in accordance with the license granted herein, and subject to all terms, conditions and restrictions, under this Agreement.  As between You and Us, We reserve and shall retain Our entire right, title and interest in and to the Application and all Intellectual Property Rights arising out of or relating to the Application.  You shall promptly notify Us if You become aware of any infringement of Our Intellectual Property Rights in the Application, and You agree to fully cooperate with Us, at Our sole expense, in any legal action taken by Us against a Third Party to enforce Our Intellectual Property Rights.

 

  1. .  You agree to pay, and You hereby authorize Our third-party payment processor to charge You using Your selected payment method, the then-current fees which will be identified in the Application at the time that You express a desire to receive and confirm Your selection of the Services (“Fees”) upon the completion of such Services.  Fees are subject to update or revision from time-to-time, in the applicable Service Provider’s sole discretion.  Fees are payable and automatically processed upon completion of the applicable Services, or at another time designated and agreed to between You and the Service Provider.  You are responsible for providing complete and accurate billing and contact information and ensuring that Your billing and contact information remains up to date in the Application.  You will have the option through the Application to submit a tip (“Tip”), in addition to the Fees, to any Service Provider that provides Services to You.  You acknowledge and agree that (i) Fees and Tips are processed through Our third party payment processer and then submitted directly to the applicable Service Provider; (ii) Fees and Tips are not paid to, received by, or possessed by Us and We merely provide You a tool, through the Application, to make payments to Service Providers; and (iii) We will not be liable for, and You will indemnify and hold Our Indemnitees (as defined in Section 16) harmless for any Losses (as defined in Section 16) arising out of, Service Provider’s failure to receive any Fees and/or Tips from You. 

  2. Term and Termination.  This Agreement shall be effective upon Your clicking “Submit” as described above and shall remain in effect until terminated as provided herein (the “Term”). We may terminate this Agreement immediately and without notice if We cease to support the Application or provide access to the Services, which We may choose to do in Our sole discretion.  This Agreement may terminate immediately and automatically without notice if You violate any term or condition of this Agreement.  Upon termination of this Agreement for any reason, the licenses granted hereunder shall terminate, and You shall immediately cease using the Application and remove all copies of the Application from Your device.  Upon termination of this Agreement for any reason, You shall not be entitled to any refund of fees (including any partial refund), except as may be required by applicable law.  Termination will not limit any of Our rights or remedies at law or in equity.  Any terms of this Agreement that by their nature are designed to survive termination shall so survive including without limitation Sections   6, 7, 9, 11-16, 18 and 19.

  3. Third Party Materials. The Application may display, include or make available third-party content (including content generated by other users, data, information, applications and other products, services and/or materials) (“Third Party Materials”), including but not limited to content made available to You through the Application by Service Providers.  You acknowledge and agree that We are not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof.  We do not assume and will not have any liability or responsibility to You or any Third Party for any Third Party Materials.  Third Party Materials and links thereto are provided solely as a convenience to You and You access and use them entirely at Your own risk and subject to such Third Parties’ terms and conditions, if any.  By downloading and using the Application and providing Your contact information therein, You acknowledge and agree that Third Party Materials may be made available to You via in-app notifications, email and/or through automated technology (including texts/SMS messages) (collectively, “Notifications”).  You hereby consent to receipt of such Notifications.  If at any time You wish to opt out of receiving Notifications, You will notify Us by contacting [Insert E-Mail or Phone Number].

  4. Third Party Software. The Application may include or make available third-party software, data, or other materials that are owned by persons or entities other than Us and that are provided to You on licensee terms that are in addition to and/or different from those contained in this Agreement (“Third Party Licenses”).  If You engage with any such software or materials that are subject to Third Party Licenses, You acknowledge and agree that You will be bound by and shall comply with all applicable Third Party Licenses for such software or materials.  Any breach by You of any Third Party License is also a breach of this Agreement.

  5. Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE, ON OUR OWN BEHALF AND ON BEHALF OF OUR LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, ACCURACY, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION OF THE FOREGOING, WE PROVIDE NO WARRANTY OR UNDERTAKING, AND MAKE NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER APPLICATIONS, SOFTWARE, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, BE ERROR FREE, ARE SECURE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.  ANY WARRANTY(S) WITH RESPECT TO THE SERVICES WILL BE COMMUNICATED TO YOU BY THE SERVICE PROVIDER PROVIDING SUCH SERVICE AND THIS AGREEMENT PROVIDES NO OTHER WARRANTIES WITH RESPECT TO THE SERVICES. 

  6. Limitation of Liability. PLEASE CAREFULLY READ THIS SECTION, WHICH LIMITS THE REMEDIES YOU MAY SEEK FROM US.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW:

  • IN NO EVENT WILL WE OR ANY OF OUR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY USE, INTERRUPTION, DELAY OR INABILITY TO USE THE APPLICATION, LOST REVENUES OR PROFITS, DELAYS, INTERRUPTION OR LOSS OF SERVICES, BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF DATA, LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION OR SHUTDOWN, FAILURE TO ACCURATELY TRANSFER, READ OR TRANSMIT INFORMATION, FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION, DEVICE OR SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION OR BREACHES IN SECURITY, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOUR USE OF THE APPLICATION IS ENTIRELY AT YOUR OWN RISK.

  • IN NO EVENT WILL OUR AND OUR LICENSORS’ COLLECTIVE AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY YOU TO US PURSUANT TO THIS AGREEMENT FOR THE APPLICATION AND SERVICES DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT THAT GAVE RISE TO THE CLAIM.    

  • YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH IN THIS SECTION 15 FORM A FUNDAMENTAL PART OF THIS AGREEMENT AND THESE LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.

  1. .  You agree to indemnify, defend and hold harmless Us, Our affiliates, and Our and their officers, directors, employees, agents, affiliates, successors and assigns (collectively, “Our Indemnitees”) from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees (collectively, “Losses”), arising from or relating to Your use or misuse of the Application or Services, Your breach of this Agreement, or Your Submissions. Furthermore, You agree that We assume no responsibility for the Submissions or any other content You submit, use or make available through the Application.  We reserve the right to assume control of the defense of any Third Party claim that is subject to Your indemnification, in which case You will cooperate with Us in asserting any available defenses.

  2. Export Regulation. The Application may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Application outside the US.

18.        Dispute Resolution.

PLEASE CAREFULLY READ THE FOLLOWING SECTION, WHICH REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS YOU MAY HAVE WITH US, AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK REMEDIES FROM US.  You agree that all disputes, claims, actions or causes of actions between You and Us arising from or relating to this Agreement, the Application or Services (“Dispute”) shall be subject to the arbitration procedure described below. 

  • You and We agree all Disputes shall be resolved through final and binding arbitration, except as expressly set forth otherwise in this Agreement. You can decline this Agreement to arbitrate by contacting info@purecoastal.life within 30 days of first accepting this Agreement, stating Your full name and that You decline to accept this arbitration agreement. The American Arbitration Association (“”) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will take place in Naples, Florida or such other location to which We agree in writing. The AAA rules will govern payment of arbitration fees.

  • You may only resolve Disputes with Us on an individual basis, and You may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.Class arbitrations, class actions, private attorney general actions and consolidation with other arbitrations are not permitted for any Disputes or for any other reason related to this Agreement.

  • This Agreement is governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision. In the event that the agreement to arbitrate set forth in this Section is found not to apply to You (or as otherwise expressly set forth in the Agreement), any legal suit, action or proceeding arising out of or related to this Agreement or the licenses granted hereunder shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida in each case located in Collier County, Florida, and each party irrevocably submits to the exclusive jurisdiction of such courts. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.You and We each agree to waive Our respective right to a jury trial.

  • Regardless of any law to the contrary, any Dispute must be filed within one (1) year after such Dispute arose, or else that Dispute will be barred forever.

19.        Miscellaneous.

  • This Agreement constitutes the sole and entire agreement between You and Us with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.

  • You shall not assign or otherwise transfer any of Your rights, or delegate or otherwise transfer any of Your obligations or performance, under this Agreement, without Our prior written consent, which consent We may give or withhold in Our sole discretion.

  • This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer on any Third Party any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.

  • This Agreement may be amended, modified or supplemented by Pure Coastal from time to time and without notice to You, and Your clicking the “I Agree” button below signifies Your agreement to the most-current version of the Agreement. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

  • If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

 

[CLICK THROUGH LANGUAGE: By clicking the “I Agree” button below, I  agree that I have read, understand and agree to the terms of the Agreement.]