Terms & Conditions

Terms & Conditions

Coosta Terms of Use

Agreement to Terms of Use; Ownership of Site

COOSTA LLC (“Coosta”, “we”, “us” “our”) has created this website at www.coosta.com (the “Site”) and a web application to provide an online residential real estate platform and peer to peer marketplace (the “Platform”) through which we offer certain products and services, including, without limitation, the ability for registered users to complete residential purchase and sale transactions entirely online through the Platform (the “Services”). These Terms of Use (these “Terms”), which are effective as of December 11, 2017, apply to anyone using or accessing the Site, Platform or Services, including casual visitors of the Site who do not sign up for an account (“Site Visitors”), and users who have registered with Coosta to use the Site, Platform or Services (“Registered Users”).

The Site, Platform and Services, and all associated information, documents, materials or other content (“Content”), are the proprietary property of Coosta, and are protected by U.S. and international copyright and other intellectual property laws, or are used under the principles of fair use. Coosta and/or its licensors retain all rights with respect to the Site, Platform and Services, and all associated information, documents, materials or other content, except those limited rights expressly granted to you in these Terms, and which are subject to the terms and conditions set forth herein.

PLEASE READ THESE TERMS CAREFULLY BEFORE YOU ACCESS OR USE THE SITE OR PLATFORM, OR OTHERWISE USE OR PARTICIPATE IN OUR SERVICES. BY ACCESSING OR USING THE SITE OR PLATFORM, BY USING OR PARTICIPATING IN THE SERVICES, OR BY REGISTERING TO USE OR ACCESS ANY OF THE FOREGOING, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, DO NOT ACCESS OR USE THE SITE OR PLATFORM, OTHERWISE USE OR PARTICIPATE IN OUR SERVICES, OR REGISTER TO USE OR ACCESS ANY OF THE FOREGOING, AND IMMEDIATELY EXIT THE SITE AND PLATFORM.

General Terms

By using or accessing the Site, Platform or Services, you agree: (i) that you have read and understand these Terms and that these Terms create a valid and binding agreement, enforceable against you in accordance herewith; (ii) to be bound by these Terms and any terms, conditions or other policies of Coosta, as each may be amended or supplemented from time to time without notice; and (iii) that your use of the Site, Platform and Services shall comply with all applicable federal, state, and local laws or regulations, and that you are solely responsible for your compliance with, familiarity with and understanding of any such laws applicable to your use.

Additionally, and without limiting the foregoing, by using or accessing the Site, you represent and warrant that you: (a) are eighteen (18) years of age or older; (b) are not currently restricted from using the Site, Platform or Services, or not otherwise prohibited from having a Coosta account; (c) are not a competitor of Coosta or are not using Coosta for reasons that are in competition with Coosta or any product or service offered by Coosta; (d) have full power and authority to enter into and perform these Terms, and doing so will not violate any other agreement to which you are a party; (e) will not violate any rights of Coosta, including intellectual property rights such as copyright or trademark rights; and (f) agree to provide at your sole cost all equipment, software, internet access and other items necessary to use or access the Site, Platform or Services.

Your Use of the Site

While you can visit the Site and review a range of information about Coosta, our Platform and our Services without registering, we require that you become a Registered User to use or participate in the Services and access certain portions of the Platform.  Only Registered Users who have a valid user account are authorized to access the restricted or protected areas of the Platform, or other portions of the Platform reserved for Registered Users. Each Registered User must keep in mind that we will treat anyone who uses his or her account information, including, without limitation, user name and password, as that Registered User, and each Registered User will be liable and responsible for any actions taken under his or her account. We will not restrict such person’s access and will provide such person with all of the rights and privileges that we provide to that Registered User, and we will hold that Registered User responsible for the activities of such person using the Registered User’s account. We therefore recommend that Registered Users maintain their account information, including, without limitation, user name and password in confidence, and that they refrain from disclosing this information to anyone who might “pretend” to be that Registered User with respect to the Site or Platform and any use or participation in the Services. We recommend that each individual user register for an individual account and become a Registered User. We also ask that Registered Users notify us immediately if they suspect that someone is using their account information, including, without limitation, user name and/or password, in this manner without the knowledge or consent of the Registered User or any other inappropriate manner.

Site Visitor Privileges

As a Site Visitor, subject to your compliance with these Terms, you are granted the right to access certain portions of the Site solely for your personal, non-commercial use in connection with your evaluation of the Site, Platform or Services, and your desire to become a Registered User. You may not (i) access, view, modify or otherwise use any portion of our Site, Platform or Services not made expressly accessible to you, or (ii) modify, copy, distribute or otherwise use the Site, Platform, Services or Content, in any manner other than for such evaluation, without our express permission.

Registered User Privileges

As a Registered User, subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, worldwide right to access, execute, display, perform, and otherwise use the Platform solely for your personal use of the Services, provided that you shall not: (i) license, sublicense, sell, resell, distribute or otherwise commercially exploit the Site, Platform, Services or Content to or for the benefit of any third party; (ii) modify or make derivative works based upon the Site, Platform, Services or Content; or (iii) reverse engineer, reverse compile, or access the Site, Platform, Services or Content in order to build a competitive product or service. You may access and view certain password-protected areas of our Site, Platform, Services or Content for use solely in conjunction with the Services and as provided in these Terms, and you may not otherwise modify, copy, distribute, or otherwise use the Site, Platform, Services or Content.

Prohibited Uses

Without limiting the generality of the foregoing, or any other provision hereof, you acknowledge and agree as follows:

  • You will not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site, Platform, Services or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site, Platform, Services or Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site, Platform, Services or Content.
  • You will not attempt to gain unauthorized access to any portion or feature of the Site, Platform, Services or Content, or any other systems or networks connected to the Site, Platform, Services or Content, or to any Coosta server or other equipment, by hacking, password “mining” or any other illegitimate means.
  • You will not probe, scan or test the vulnerability of the Site, Platform, Services or Content, or any network connected to the Site, nor breach the security or authentication measures on the Site, Platform, Services or Content or any network connected to the Site.
  • You will not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, including any user account not owned by you, to its source, or exploit the Site, Platform, Services or Content, or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
  • You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, Platform or Services or Coosta’s systems or networks, or any systems or networks connected to the Site, Platform or Services or to Coosta.
  • You will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site, Platform, Services or Content or any transaction being conducted on the Site, Platform or Services, or with any other person’s use of the Site, Platform, Services or Content.
  • You will not upload, use, or disseminate viruses or other malicious code or other abusive scripts or processes.
  • You will not post content that (i) is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, discriminatory, hateful, or pornographic; (ii) incites violence, whether actually or potentially; (iii) contains any type of unauthorized or unsolicited advertising; or (iv) contains nudity, graphic material, gratuitous violence, or anything else found to be objectionable by Coosta in its sole discretion.
  • You will not use Coosta in any manner that is, or reasonably be construed to be, fraudulent, misleading, malicious, or discriminatory.
  • You will not remove any trademark, copyright, or other proprietary notation, designation or notice from: (i) any portion of the Site, Platform, Services or Content; (ii) any documents or other content posted on or accessible through the Site, Platform, Services or Content; or (iii) any communication received from Coosta.
  • You will not facilitate or encourage violations of these Terms.
  • You will not use the Site or any Coosta content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Coosta or others.

Privacy

Coosta’s Privacy Policy applies to your access and use of the Site, and the terms of conditions of Coosta’s Privacy Policy are made part of these Terms by this reference. Additionally, by using or accessing the Site, Platform or Services, you acknowledge and agree that internet transmissions are never completely private or secure.  You understand that any message or information you send to or through the Site, Platform or Services, may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Monitoring; Revocation or Suspension of Use Privileges.

We reserve the right at any time to (i) monitor your use of the Site, Platform and Services, and (ii) terminate or suspend your use of or access to some or all of the Site, Platform, Services or Content if you engage in activities that we conclude, in our sole discretion, breach or otherwise violate these Terms or our Privacy Policy. Although we have no – and assume no – obligation to monitor activities on the Site, Platform or Services, we may employ filters designed to detect and block inappropriate content. We reserve the right to request edits to your submission, to refuse to post or to remove any information or materials, in whole or in part, that we believe, in our sole discretion, is incompatible with these terms.

Electronic Communications

When you use our Site, Platform or Services, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our Site, Platform or Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Coosta Rights in User Content

By submitting content or other information for your participation in the Site, Platform or Services (“User Content”), you grant Coosta the right to use, copy, reformat, index, modify, display and distribute your User Content for the purposes of operating and improving the Site and Platform, for providing our Services, and otherwise conducting our business and operations.  No compensation will be paid with respect to Coosta’s use of any of your User Content. In submitting User Content, you represent and warrant that you have sufficient authority and rights to post such User Content, and to provide the grant of rights to us. We expressly reserve the right to refuse to use, remove, or disable User Content that we conclude, in our sole discretion, violates these Terms or our Privacy Policy, or is incompatible with the purposes of the Site, Platform or Services.  We do not assume any liability for any User Contact, or content posted by you or any third party on the Site, and provide no representation or warranty with respect to the truth or accuracy thereof.

Our Platform may allow Registered Users and Site Visitors to provide comments or feedback regarding our Site, Platform or Services. By providing comments/feedback, you grant us the right to use your comments and feedback for the purposes of improving the Site, Platform or Services, and our business or operations.

Google Maps

Some of the Services implement the Google Maps web mapping service. Your use of Google Maps is subject to Google’s terms of use, located at http://www.google.com/intl/en_us/help/terms_maps.html.

Contact for Alleged Copyright Infringement

Coosta respects the intellectual property rights of others and requires that its users do the same. If you believe that content on the Site or Platform, or other activity taking place on the Site or Platform, constitutes infringement of a work protected by copyright, please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”) to respond to such concerns, as follows:

info@coosta.com

Links to Third-Party Sites

The Site or Platform may contain links or produce search results that reference links to third party websites (collectively, “Linked Sites”). Coosta has no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions or materials available on Linked Sites. Coosta does not endorse the content of any Linked Site, nor does Coosta make any representation or warranty of any kind with respect to a Linked Site, including, without limitation, that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other web-access device. By using the Site, Platform or Services to search for or link to another site, you agree and understand that such search, linking and use is solely at your own risk and your responsibility.

Interactions with Other Users

We and our representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any information, communications, transactions, interactions, disputes or any relations whatsoever between you and any other Registered User, Site Visitor or other person or entity.  We advise you to conduct, and you must conduct, and are solely responsible and liable for, any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to any information, communications, transactions, interactions, disputes or any relations whatsoever between you and any other Registered User, Site Visitor or other person or entity.

User Disputes

Notwithstanding anything in these Terms, if you have a dispute with one or more Registered Users, Site Visitors or any other person or entity related to the Site, Platform, Services or Content or any information, communications, transactions, interactions, disputes or other relations related thereto or involving the Site, Platform, Services or Content, you hereby waive and release Coosta (and our officers, directors, agents, employees, subsidiaries and affiliates) from any and all claims, losses, damages, liabilities and any other costs and expenses (including attorneys’ fees) of every kind and nature, known and unknown, arising out of or in any way connected therewith.

Warranty Disclaimer

YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE, PLATFORM, SERVICES AND CONTENT IS VOLUNTARY.  COOSTA EXPRESSLY DISCLAIMS: (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS OR LEGALITY OF CONTENT OR OTHER INFORMATION AVAILABLE THROUGH THE SITE, PLATFORM OR SERVICES; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE SITE, PLATFORM OR SERVICES, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE COOSTA SITE, PLATFORM, SERVICES AND CONTENT IS AT YOUR SOLE RISK AND RESPONSIBILITY.

COOSTA DOES NOT PROMISE THAT THE SITE, PLATFORM OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT THE SITE, PLATFORM OR SERVICES WILL PROVIDE SPECIFIC RESULTS FROM YOUR PARTICIPATION IN THE SITE, PLATFORM OR SERVICES OR YOUR USE OF ANY CONTENT, SEARCH OR LINK ON IT. THE SITE, PLATFORM AND SERVICES AND ALL CONTENT ARE DELIVERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WHEN YOU ACCESS THE SITE, PLATFORM OR SERVICES, YOU DO SO SOLELY AT YOUR OWN RISK AND RESPONSIBILTY. COOSTA DOES NOT REPRESENT OR WARRANT THAT (I) THE SITE, PLATFORM, SERVICES OR CONTENT WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS; (II) THE SITE, PLATFORM, OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; OR (III) THE CONTENT, MATERIALS OR INFORMATION YOU ACCESS, VIEW OR DOWNLOAD FROM THE COOSTA PLATFORM WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES.

THE CONTENT OR OTHER INFORMATION PROVIDED ON THE SITE OR PLATFORM OR THROUGH THE SERVICES IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE, INCLUDING, WITHOUT LIMITATION THE ADVICE OF REAL ESTATE, TAX, ACCOUNTING AND LEGAL PROFESSIONALS.  COOSTA MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO YOUR LEGAL RIGHTS AND OBLIGATIONS UNDER ANY CONTRACTS, AGREEMENTS OR OTHER DOCUMENTATION OF ANY TRANSACTIONS CONDUCTED BY YOU ON OR THROUGH THE SITE, PLATFORM OR SERVICES, OR THE VALIDITY OR ENFORCEABILITY OF SUCH DOCUMENTS, AND SHALL HAVE NO LIABILITY WITH REGARD TO SAME. THE SITE, PLATFORM AND SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE, INCLUDING, WITHOUT LIMITATION THE ADVICE OF REAL ESTATE, TAX, ACCOUNTING AND LEGAL PROFESSIONALS, AND WE HEREBY ADVISE YOU TO SEEK THE SAME.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL COOSTA BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE SITE, PLATFORM, SERVICES OR CONTENT. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL COOSTA’S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR FIVE HUNDRED DOLLARS ($500.00), WHICHEVER IS LESS. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID COOSTA ANY AMOUNTS IN THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE IS TO STOP USING OUR SITE, PLATFORM AND SERVICES AND TO CANCEL YOUR ACCOUNT, IF ANY.

YOU HEREBY WAIVE AND RELEASE US AND EACH OF OUR REPRESENTATIVES, AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, SUCCESSORS, PREDECESSORS, ASSIGNS, HEIRS, SERVICE PROVIDERS AND SUPPLIERS, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES AND ANY OTHER COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, DIRECT AND INDIRECT, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO OUR SITE, PLATFORM, SERVICES OR CONTENT OR CONTENT ACCESSED THROUGH OUR SITE, PLATFORM OR SERVICES, OR ANY INTERACTIONS WITH OTHERS ARISING OUT OF OR RELATED TO OUR SITE, PLATFORM, SERVICES OR CONTENT OR CONTENT ACCESSED THROUGH OUR SITE, PLATFORM OR SERVICES, AND, TO THE EXTENT APPLICABLE, YOU EXPRESSLY WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542 (AND ANY SIMILAR LAWS IN OTHER JURISDICTIONS), WHICH PROVIDES:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”  

THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnity

You agree to defend, indemnify and hold Coosta and its affiliates, officers, directors, agents and employees harmless from and against any and all claims, losses, damages, liabilities and any other costs and expenses (including attorneys’ fees) arising from or related to your: (i) use of the Site, Platform, Services or Content, (ii) your breach of any representation or warranty contained in these Terms, or (iii) your failure to comply with, or other breach or default of or under, these Terms.

Modifications

Coosta reserves the right, in its sole discretion, to amend, change, modify, add or remove portions of these Terms at any time. It is your responsibility to check these Terms periodically for changes. Your continued accessing or use of the Site, Platform or Services following the posting of changes will mean that you accept and agree to any such changes.

Assignment

These Terms shall not be assignable by you, either in whole or in part. Coosta reserves the right to assign its rights and obligations under these Terms.

Governing Law; Venue

These Terms shall be governed in all respects by the laws of the State of Nevada without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the state and federal courts in the State of Nevada in the judicial district where Coosta has its principal place of business. The parties further agree that any cause of action arising under these Terms or our Privacy Policy shall exclusively be brought in such courts. Any claim or action under these Terms Use must be brought within ninety days (90) after the occurrence of the facts or circumstances giving rise to such cause of action occur, or such claims or causes of action are conclusively barred.

Waiver

Our failure to act with respect to any breach by you or others of these Terms or otherwise does not waive our right to act with respect to subsequent or similar breaches.

Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

Construction

Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.

Notice for California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the site, please send an email to  info@coosta.com . You may also contact us by writing to ____________________________. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services by mail at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210. Please be sure to identify the specific website, software, or service about which you have a question or complaint and how we can contact you.