Effective Date: November 9, 2021
Welcome to Coast!
What about my privacy?
Coast does not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13 years of age, please do not attempt to use the Site or send us any personal information. If we learned we have collected personal information from a child under 13 years of age, we will delete that information as quickly as possible.
Are there restrictions on how I can use the Platform?
Except as expressly authorized by Coast in writing, you will only use the Platform for your own purposes or on behalf of the organization or entity you are affiliated with and not on behalf of or for the benefit of any other third party, and only in a manner that complies with all laws and regulations that apply to you. If your use of the Platform is prohibited by applicable laws, then you are not authorized to use or access the Platform. Coast can’t and won’t be responsible for your use of the Platform in any way that breaks the law.
You shall not: (i) use the Platform or the programs or services offered on the Platform for any purpose that is unlawful; (ii) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (iii) interfere or attempt to interfere with the proper working of any services or activities conducted on the Platform; (iv) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Site or any App (or other accounts, computer systems or networks connected to the Site or any App); (v) run any form of auto-responder or “spam” on the Platform; (vi) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Platform; (vii) harvest or scrape any Content (as defined below); (viii) violate or infringe upon the rights of Coast or any other third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; (ix) engage in harassing, abusive, profane, or abusive conduct; or (x) otherwise take any action in violation of our guidelines and policies.
You agree that all content and materials, including without limitation information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features (collectively, “Content”) generated, provided, or otherwise made accessible or available by Coast on the Platform are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. All such Content is the proprietary property of Coast with all rights reserved. Except as expressly authorized by Coast in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publish, adapt, edit or create derivative works from such Content. For clarity, the foregoing restrictions apply to third party trademarks, which may be used by us on the Platform under license. Unless otherwise noted, we are not affiliated with or endorsed by the owner of any third-party trademarks displayed.
By submitting information or content to or through the Platform, by email or over the phone, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use such information. Without limiting the generality of the foregoing, you acknowledge that Coast may disclose and transfer any such information that you provide (i) to its affiliates, agents or service providers; (ii) to any other person or entity with your consent; or (iii) if we have a right or duty to disclose or are permitted or compelled to disclose such information by law.
Who is responsible for what I see and do on the Platform?
THE PLATFORM AND ALL CONTENT ARE PROVIDED BY COAST ON AN “AS IS” AND “AS AVAILABLE” BASIS. COAST MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE PLATFORM. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COAST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE. COAST AND ITS AFFILIATES, LICENSORS AND THIRD PARTY SERVICE PROVIDERS AND PARTNERS (INCLUDING PAYMENT CARD NETWORKS, ISSUING BANKS AND PAYMENT PROCESSORS) DO NOT WARRANT THAT: (1) THE CONTENT IS TIMELY, ACCURATE, COMPLETE, RELIABLE OR CORRECT; (2) SERVICES OFFERED ON THE PLATFORM WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (3) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (4) THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (5) THE RESULTS OF USING SERVICES OFFERED ON THE PLATFORM WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE PLATFORM AND ANY SUCH SERVICES IS SOLELY AT YOUR OWN RISK.
Although Coast has attempted to provide accurate information on the Platform, Coast assumes no responsibility for the accuracy or completeness of the information. Coast may change the services or offerings mentioned on the Platform at any time without notice, but Coast makes no commitment to update the services or offerings mentioned on the Platform in any respect. We reserve the right to remove any Content from the Platform at any time, for any reason in our sole discretion, and without notice.
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, THIRD PARTY SERVICE PROVIDERS AND PARTNERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, WITH RESPECT TO YOUR USE OF OR INABILITY TO USE THE PLATFORM OR THE ANY SERVICES OFFERED ON THE PLATFORM OR YOUR RELIANCE ON THE INFORMATION PRESENTED IN THE PLATFORM (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), EVEN IF WE MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $50.00.
What else do I need to know?
To sign up for a Coast card or take advantage of many of the services we offer, you must apply for a Coast account.
By submitting information to us, including on or through the Platform, you are expressly consenting to be contacted by us, including by telephone, email, postal mail or any other reasonable method. By providing us with your wireless phone number, you confirm that you want Coast to send you information we think may be of interest to you, which may include Coast using automated dialing and texting technology and/or an artificial or prerecorded voice to call or text you at the wireless number you provided. You further understand that, when you receive a telephone call, text message or email, you may incur a charge from the company that provides you with telecommunications, wireless and/or internet services, and you agree that Coast will have no liability for such charges except to the extent required by applicable law. To stop text messages, you can also simply reply “STOP” to any text message Coast sends you. To stop emails, you can follow the opt-out instructions included at the bottom of the emails Coast sends you; if you receive an email that does not include these instructions, it is a transactional or relationship message and you may not be able to opt out of receiving it in the future. If you are the natural person using a Coast card or an administrator of a Coast account, see the User Terms for additional information and instructions about opting out.
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW THIS SECTION CAREFULLY (THE “ARBITRATION AGREEMENT”) AS THIS AFFECTS YOUR LEGAL RIGHTS. IT REQUIRES ALL CLAIMS BETWEEN YOU AND US TO BE RESOLVED BY BINDING ARBITRATION WHENEVER YOU OR WE CHOOSE TO SUBMIT A CLAIM TO ARBITRATION. BY ACCEPTING THIS ARBITRATION AGREEMENT, YOU WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT BEFORE A JUDGE OR JURY (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO A SMALL CLAIMS COURT) AND TO BRING OR PARTICIPATE IN ANY CLASS OR OTHER REPRESENTATIVE ACTION.
Agreement to Arbitrate. Before filing a Claim (as defined below) against Coast, you agree to try to resolve the Claim informally by sending notice to Coast at firstname.lastname@example.org of the actual or potential Claim. Similarly, Coast will, if reasonably possible, provide notice to you of any actual or potential Claim to endeavor to resolve any Claim we may possess informally before taking any formal action. Each party agrees to engage in good faith discussions in an effort to resolve the Claim informally. If, notwithstanding such good faith efforts, the actual or potential Claim is not resolved, either you or we may elect, without the consent of the other, to arbitrate any Claim (as defined below) through the binding arbitration process set forth in this Arbitration Agreement.
Any disputes, claims or controversies arising out of or related to your relationship with any third-party service provider or partner of Coast shall be subject to the terms governing the resolution of disputes and any agreement to arbitrate of such third party.
Claims Not Covered by Arbitration. Claims filed by you or by us in a small claims court are not subject to arbitration, so long as the dispute remains in such court and advances only an individual claim for relief. Claims principally arising from the protection of intellectual property rights or breach of confidentiality obligations are not subject to arbitration. The “Class and Representative Action Waiver” and “Public Injunctive Relief Waiver” sections below set forth additional claims not subject to arbitration. Further, this Arbitration Agreement shall not apply to covered borrowers as defined in the Military Lending Act, 10 U.S.C. § 987.
Commencing an Arbitration. The party initiating arbitration must choose one of the following to administer the arbitration (“arbitration administrator”):
- The American Arbitration Association (“AAA”) under AAA’s Consumer Arbitration Rules, except as modified by this Arbitration Agreement. AAA’s rules may be obtained from www.adr.org or 1-800-778-7879 (toll-free).
- JAMS under the JAMS Streamlined Arbitration Rules & Procedures, including JAMS’ Consumer Minimum Standards, except as modified by this Arbitration Agreement. JAMS’ rules may be obtained from www.jamsadr.com or 1-800-352-5267 (toll free). In the event the party initiating arbitration selects JAMS and JAMS determines that the Streamlined Arbitration Rules & Procedures do not apply, the parties agree to abide by the rules JAMS chooses to apply to the dispute.
If both AAA and JAMS are for any reason unable to serve, then the parties may agree to a comparable arbitration administrator. If the parties are unable to agree, then a court of competent jurisdiction shall appoint an arbitration administrator.
Either you or we may start an arbitration by giving written notice to the other party. This notice may be given before or after a lawsuit has been filed concerning the Claim and it may be given by papers filed in the lawsuit such as a motion to compel arbitration. The party asking for arbitration must file a notice with the arbitration administrator pursuant to its rules.
Arbitration Procedure. Unless you and we agree otherwise in writing, the arbitration shall be decided by a single, neutral arbitrator, who shall be a retired judge or a lawyer with at least ten years’ experience, selected in accordance with the chosen arbitration administrator’s rules.
The arbitrator will decide the dispute in accordance with the terms of this Agreement and applicable substantive law, including the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), and applicable statutes of limitation. The arbitrator shall honor claims of privilege recognized at law.
The arbitrator will take reasonable steps to protect customer account information and other proprietary or confidential information.
Any arbitration hearing shall take place in New York, New York, unless the parties agree in writing to a different location or the arbitrator so orders.
At your or our request, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator’s award shall be final and binding except that any party may appeal any award relating to a Claim for more than $100,000 or for injunctive relief to a three-arbitrator panel appointed by the arbitration administrator, which will reconsider de novo any aspect of the appealed award. The panel’s decision will be final and binding. In either event, you or we may seek to have the award vacated or confirmed and entered as a judgment in any court having jurisdiction. The substantive law of the FAA shall govern any petition or motion to confirm or vacate the arbitrator’s award.
Available Relief. Except as provided in the “Public Injunctive Relief Requests” section below, the arbitrator may award damages or other relief (including injunctive relief) available to the individual claimant under applicable law.
Arbitration Costs. If permitted by the rules of the selected arbitration administrator, you agree to pay any initial filing fee charged to you by the arbitration administrator for any arbitration you commence. We will pay all other fees charged by the arbitration administrator or arbitrator, including any filing, administration, and/or arbitrator fees. We will pay the entire initial filing fee if: (1) you reasonably claim to be unable to afford it; and (2) you seek but cannot obtain a waiver of that fee from the arbitration administrator. To the extent allowed by applicable law and our agreements, the arbitrator may award arbitration costs and attorneys’ fees to the prevailing party.
Jury Waiver and Limitation of Rights. You and we agree that, by entering into this Arbitration Agreement, the parties are each waiving the right to a trial by jury or a trial before a judge in court (except for matters that may be taken to a small claims court). You and we acknowledge that arbitration will limit our legal rights, including the right to participate in a class action, the right to a jury trial, the right to conduct full discovery, and the right to appeal.
Class and Representative Action Waiver. YOU AND WE AGREE THAT EACH PARTY TO THIS ARBITRATION AGREEMENT MAY BRING CLAIMS AGAINST THE OTHER ONLY IN OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator shall have no authority to conduct any class, private attorney general or other representative proceeding. This paragraph does not apply to requests for public injunctive relief, which are addressed in the paragraph below entitled “Public Injunctive Relief Requests.”
Public Injunctive Relief Requests. If you or we seek public injunctive relief as a remedy for any Claim against one another (a “Public Injunctive Relief Request,”) you and we agree that Public Injunctive Relief Request cannot be arbitrated. Instead, that Public Injunctive Relief Request shall be adjudicated by a court after all other Claims to be decided in arbitration under this Arbitration Agreement are resolved in arbitration. You and we agree to jointly request that the court stay the Public Injunctive Relief request until after the remaining Claims have been finally resolved in arbitration, and that the parties will only seek to lift the stay and request that the court resolve the Public Injunctive Relief Request if an arbitrator finds that one of them is liable for a Claim for which public injunctive relief is an available remedy. The validity, enforceability, and effect of this section shall be determined exclusively by a court, and not by any arbitration administrator or arbitrator.
Governing Law. You and we agree that you and we are participating in transactions that involve interstate commerce and that this Arbitration Agreement and any resulting arbitration are governed by the FAA. To the extent state law applies, the laws of the state of New York shall apply.