Last Updated: January 24, 2024
These Terms of Service (“Terms” or “Agreement”) govern your access to and use of the website and software application, Koastie (“Services” or “Platform”), owned and operated by Koastie, LLC, a Florida limited liability company (“Koastie,’ “we,” “us,” or “our”) having an address at 23110 State Road 54, PMB 197, Lutz, Florida 33549. These Terms constitute a binding agreement between Koastie, you, and any company that you represent or with which you are affiliated (“you” or “your”). BY USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS THAT ARE INCORPORATED HEREIN.
Koastie may modify these Terms from time to time in its sole discretion, and modified Terms will take effect immediately upon posting to the Services. Your continued use of the Services after modified Terms have been posted will constitute your acceptance of such modified Terms.
The Platform is an online service upon which you may reserve the use of certain beach and water sport equipment, as applicable (“Equipment”) for your personal use on a specific date, at a specific site, the location of which is provided by your hotel or resort. The timely set-up and provision of Equipment is managed by your hotel or resort and its independent contractors who retain on-site authority to determine the availability and placement of Equipment on any given day. Koastie hereby permits you to access and use these Services in accordance with the Terms.
Koastie may integrate with third-party software to provide you the Services. Koastie has no control over third-party software we may integrate with, or over the information you have entered into or have stored on that software. Koastie also does not have control over the application programming interface (“API”) for third-party software or data-sharing protocols, and you acknowledge and agree that Koastie is not responsible for any lost data, errors in data or in data transmission, downtime, unavailability, or any other loss or damage that might occur from using that software or the links on or connections to that software. We recommend you review the privacy policy governing any third-party software before using it.
You represent either that: (i) you are an individual at or over the age of eighteen (18) entering this Agreement for your personal use; or (ii) you are the authorized representative of a company or legal entity, duly organized, validly existing, and in good standing under the laws of the jurisdiction of its organization, and that you are duly authorized to accept and execute this Agreement.
You will use the Services solely in accordance with these Terms and for your personal, non-commercial use. By accessing or using the Koastie Platform or the Services, you will comply with all applicable laws and regulations. Koastie reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request. Without limitation, you will not use the Services to:
By agreeing to these Terms or accessing the Services, you assume full liability for any content that is in violation of the Terms set forth herein. In addition, Koastie reserves the right to suspend, terminate, or cancel your account and any access to all information on the Services, or any other means of communication used by Koastie, for violation of these Terms, in Koastie’s sole discretion.
Upon termination, any accrued rights, remedies, obligations, or liabilities will not be affected including without limitation Koastie’s right to claim damages in respect of any breach of these Terms or Koastie’s right to indemnification by you under these Terms. In addition, any provisions of these Terms that expressly, or by implication, have effect after termination will continue in full force and effect.
Koastie retains the right to retain your information following termination of your account as required by applicable regulations and Koastie’s internal policies in order to comply with our legal and reporting obligations, resolve disputes, enforce our agreements, complete any outstanding transactions, and for the detection and prevention of fraud.
The name “Koastie” and all other Koastie marks, logos, taglines, custom graphics, and button icons (collectively, “Marks”) appearing on the Services are service marks, trademarks, or trade dress of Koastie. You may not use such marks without the prior written consent of Koastie. All third-party trademarks, product names, company names, and logos used on the Koastie Platform or Services, if any, are the property of their respective owners, and no license is granted to you with respect thereto.All software, audiovisual content, and audible-only content on the Services, the selection and arrangement thereof, and the compilation of all content on the Services are the exclusive intellectual property of Koastie and are protected by U.S. and international copyright laws. You may not duplicate, copy, or reuse any portion of the visual design elements or concepts without express written permission from Koastie.
As between you and Koastie, Koastie exclusively owns all right, title, and interest in and to the Services and all content therein. Koastie will have a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Services any suggestions, enhancement requests, recommendations, or other feedback provided by you, relating to the operation of the Services. Your use of the Platform does not grant you ownership of any content, code, data, or materials you may access on or through the Platform. You may access and view the content on the Koastie Platform, and you may use such content for your personal use only. Unless otherwise noted herein or on the Koastie Platform, use of the Koastie Platform is strictly for your personal, non-commercial use.
Koastie cares about and respects your privacy. Take the time to read Koastie’s privacy policy (“Privacy Policy”) found here: https://koastie.com/privacy-policy/ so you can see how we use any information we receive. You acknowledge that when you use the Platform, Koastie may use automatic means (including, for example, cookies and web beacons) to collect information about your device and about your use of the Platform. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Platform, as applicable, or certain of its features or functionality, and the Platform may provide you with opportunities to share information about yourself with others. Koastie will employ commercially reasonable measures to protect such personally identifiable information you enter into the Platform. If you object to your information being transferred or used in this way, then you must not use the Platform. By downloading, installing, using, and providing information to or through the Platform, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.
You will provide accurate information when you sign up to use the Services. You will use your real name and your own email address, or one that you have permission to use, and other information Koastie requests to facilitate your reservation. Reservations must be made online through the Services no less than twenty-four (24) hours prior. You are solely responsible for providing the information necessary to make your reservation and will safeguard your confirmation information which you may need to provide to the on-site operator (“Operator”) to facilitate the provision of Equipment at the time of your reservation. In the event you wish to cancel your reservation, you must contact your hotel or hotel’s Operator directly. Each such Operator publishes its own cancellation policy and manages its own cancellations. Koastie does not have the authority to cancel your reservation either on-line or in any other manner. Once your Equipment is set-up on-site, no cancellations will be authorized by the Operator. At the time of your reservation, the Operator will be directed to provide your reserved Equipment in the manner set forth in your reservation but will have full authority to make any changes necessary based on then-current site conditions. Your reservation will guarantee the best available Equipment and set-up options that fall within the parameters of such reservation that are available at the time of your arrival. Koastie has no involvement in, control over, responsibility for, or liability for decisions made by Operator. You agree that, in the event of severe or approaching severe weather, such as thunderstorms or lightning, Operator has full authority to break down your Equipment either for the duration of the day or the duration of the severe weather concern, in Operator’s sole discretion. No refunds will be authorized based on instances of severe weather. Neither the Terms nor your use of the Services create any agency, partnership, joint venture, employment, or franchisee relationship between you and Koastie. Koastie retains the right terminate your use of its Services at its discretion and without notice. Any outstanding amounts due to Koastie related to your account after cancellation will be due at the time of termination.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Koastie, its employees, officers, directors, contractors, consultants, agents, representatives, affiliates, successors, and assigns from and against all actual or alleged third-party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, costs, and expenses including without limitation reasonable attorney’s fees, accruing to Koastie as a result of your misuse of the Koastie Platform, including without limitation the Services provided under these Terms. You will further indemnify, defend, and hold harmless Koastie from and against all actual and alleged damages to property or personal injury, that are caused by, arise out of or are related to: (a) your use or misuse of the Services; (b) your violation of these Terms; and (c) your violation of the rights of a third party, including without limitation another user. You will promptly notify Koastie of any third-party claims and cooperate with Koastie and its employees, officers, directors, contractors, consultants, agents, representatives, affiliates, successors, and assigns in defending such claims. Koastie will have control of the defense or settlement of any third-party claims, in its sole discretion.
You hereby waive the right to bring or participate in any class action lawsuit against Koastie and its affiliates (which will include any party controlling, controlled by or in common control with Koastie, or any of Koastie’s employees, directors or officers).
You will have sole responsibility for conducting your use of the Services responsibly and legally. Your use of the Services and any information obtained through or from Koastie will be at your own risk. The Services, and the content contained therein, are provided on an “AS IS” and “AS AVAILABLE” basis without warranties or conditions of any kind, either express or implied. You acknowledge and agree that Koastie exercises no control over, and accepts no responsibility for content other than such content as described herein and owned wholly by Koastie. KOASTIE MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. Koastie will not be liable for any loss of any kind from any action taken or taken in reliance on material or information contained on the Services. Koastie cannot and does not represent or warrant that the Services, content, or our servers are free of viruses or other harmful components. We cannot guarantee the security of any data that you disclose online. You accept the inherent security risks of providing information and dealing online over the internet and will not hold Koastie responsible for any breach of security unless it is due to our gross negligence. Koastie makes no warranties that the Services will be uninterrupted or error-free or that any results obtained from the use of Services will be accurate or reliable. Koastie expressly disclaims any liability arising in connection with any content posted to the Services. No oral or written information given by Koastie will create any warranty, nor may you rely on such information or advice. Koastie expressly disclaims any warranty for the availability or condition of Equipment on-site at the time of your reservation or for the set-up of the Equipment reserved under your reservation for any reason, including without limitation severe weather.
To the fullest extent permitted by law, neither Koastie, nor its officers, directors, employees, shareholders, or agents will be liable for any consequential, indirect, incidental, special, or punitive damages, or loss of profits, revenue, data, or use by you or any third party, whether in an action in contract, tort, strict liability, or other legal theory. Koastie will not be liable to you or any third party for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that result from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations or transmission, or any failure of performance, whether or not limited to acts of nature, communications failure, theft, destruction, or unauthorized access to Koastie’s records, programs, equipment, or services, or any other condition whatsoever.
The Services may contain links to third-party websites not under Koastie’s control or ownership, or you may elect to use a third party’s services or product in order to use the Services. Your access to all third-party services will be at your own risk.
You may not submit any content that infringes or violates the personal, copyright, or intellectual property rights (including without limitation privacy and publicity) of any person or entity. Pursuant to Title 17, United States Code, Section 512(c)(2) or for any other claim of copyright infringement, you hereby agree that notifications of claimed copyright infringement be sent by email to notices@koastie.com. For copyright infringement notices, your notice must meet all requirements of the Digital Millennium Copyright Act (“DMCA”) (described below). We will only remove content in response to DMCA notices that contain all of the following:
In addition, if you wish for your notice to be a notice of alleged copyright infringement pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. s. 512(c), please also include the following information:
Koastie will process any notice of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act, 17 U.S.C. 512(c)(3) or other applicable copyright law. U.S. law provides significant penalties for submitting such a statement falsely.In Koastie’s sole discretion, persons who repeatedly submit infringing or unlawful material will be prohibited from accessing the Services. If you discover any content that you believe to be in violation of your trademark or other intellectual property rights, please report this to Koastie at notices@koastie.com. In all other cases, if you discover content that infringes any or violates any of your other rights, which you believe is defamatory, pornographic, obscene, racist, or otherwise liable to cause widespread offense, or which constitutes impersonation, harassment, spam, or otherwise violates these Terms or applicable law, please report this to Koastie at notices@koastie.com.
This Agreement will be governed by the laws of the State of Florida, without regard to choice of laws provisions, no matter where in the world you live. In the event of a dispute arising out of this Agreement, the Parties will attempt to resolve any dispute by negotiation between the parties, in Koastie’s sole discretion. If they are unable to resolve the dispute, Koastie may commence mediation or binding arbitration through the American Arbitration Association, or other forum mutually agreed to by the Parties. Judgment on the award rendered by the arbitrator may be entered into in any court having jurisdiction thereof. Any other disputes hereunder will be resolved before the courts of competent jurisdiction seated in or proximal to Hillsborough County, Florida. All remedies available hereunder will be cumulative and not in lieu of any others.
You do not have the right to assign this Agreement without the prior written consent of Koastie. Koastie may assign this Agreement without notice to you. This Agreement will be binding on the parties and their successors and permitted assigns.
This Agreement represents the entire agreement between the parties, and supersedes all previous and contemporaneous representations, understandings, and agreements, if any, express or implied, whether written or oral. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement will remain in full force and effect. Sections hereof that by their nature should survive termination hereof will so survive.
By accepting these Terms, you are also accepting the Koastie Privacy Policy, which is included by reference in these Terms of Service.
For customers located in the European Union, your acceptance of the Terms of Service and Privacy Policy will be by separate acknowledgment. You may also request an acknowledgment or separate PDF copy of the Terms of Use and Privacy Policy, by contacting our customer support via chat, email, or phone, as available.