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Legal & Privacy Information

Saas Services

Coast2Coast Mortgage LLC has updated its Terms of Service and renamed it the Software-as-a-Service (SaaS) Agreement (the, “Agreement”), the terms of which are stated herein. This Agreement will be effective as of January 3, 2024 (the, “Effective Date”).

  1. INTRODUCTION This Agreement sets out the general terms and conditions under which Coast2Coast Mortgage agrees to provide, and Customer and End User agree to receive and use, the Services. By accessing or using the Services, Customer and End User acknowledge that they have read, understand, and agree to be bound by this Agreement, Coast2Coast Mortgage’ Privacy Notice and End User Conduct & Content Policy which are hereby incorporated into and made a part of this Agreement. Those who do not agree with the terms of this Agreement should not access or use the Services. 1.1 Authority. The individual agreeing to this Agreement represents to Coast2Coast Mortgage that they have the authority to bind Customer and any Affiliates to this Agreement. 1.2 End Users. To access or use the Services, an End User must sign up for an End User Account by registering for an account and providing their full legal name, a valid email address, and any other information required to complete the registration process. 1.3 Relationship Between Customer and End User. The administrator of Customer’s Account can modify or re-assign roles of End Users and otherwise exercise the rights granted to the Customer pursuant to this Agreement. If a Customer elects to replace the administrator of its Customer Account, such administrator must agree to take any actions reasonably necessary and requested by Coast2Coast Mortgage or Customer to facilitate such transfer of authority. When utilizing the Services under a Customer Account, End Users may submit Customer Data in and to the Services, such as messages, conversations or files, and Customer may provide Coast2Coast Mortgage with instructions on what to do with it. For example, Customer may provision or deprovision access to the Services, manage permissions, retention and export settings and reassign inboxes. These choices and instructions of Customer’s administrator may result in the access, use, disclosure, modification or deletion of certain or all Customer Data.
  2. USE AND ACCESS TO THE SERVICES 2.1 Accessing the Services. Access to the Services may be procured via an Order Form entered into by and between Customer and Coast2Coast Mortgage, or Customer may procure the Services (including purchasing additional End User subscriptions) through Coast2Coast Mortgage’ websites and Customer Settings. Customer must purchase a subscription for each End User who accesses or uses the Services. 2.2 Customer’s Responsibilities Regarding End Users. Customer is responsible for the conduct of its End Users and for ensuring that End Users abide by the terms of this Agreement at all times in connection with their use of the Services. It is Customer’s responsibility to (i) inform End Users of any relevant Coast2Coast Mortgage policies, practices and settings that Customer elects to enforce related to its End Users’ use of the Services; (ii) obtain any rights, permissions or consents from its End Users that are necessary for Customer’s lawful use of the Services and the collection and processing of Customer Data by Coast2Coast Mortgage in connection with Customer’s use of the Services; and (iii) respond to and resolve any dispute between Customer and an End User related to or based on Customer Data and/or Customer’s use of that Customer Data in connection with Customer’s use of the Services. 2.3 Login Credentials. Customer and End User are responsible for all login credentials, including usernames and passwords, and Coast2Coast Mortgage shall not be liable for any damages or losses that may occur as a result of Customer’s failure, or the failure of End Users, to maintain the confidentiality of their login credentials. End Users are not permitted to share or use the same login credentials to the Services. Coast2Coast Mortgage reserves the right to refuse registration of or cancel passwords it deems inappropriate, in which case it will notify Customer of such refusal. Customer is responsible for notifying Coast2Coast Mortgage at redd@coast2coastml.comif it becomes aware of any unauthorized use of or access to its Customer Account or any End User Account. 2.4 Acceptable Use. In addition to complying with the other terms set forth in this Agreement, Customer and End User agree to (i) use the Services in compliance with all applicable laws and regulations; and (ii) comply with the terms of Coast2Coast Mortgage’ End User Conduct and Content Policy. 2.5 Export Compliance. Customer and End User may not remove or export from the United States or allow the export or re-export of the Services, Software or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Software and Documentation are “commercial products” and according to DFAR section 252.2277014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software Documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement. Customer represents that neither it nor any of its End Users are named on any U.S. government denied-party list. Customer shall not permit any End User to access or use the Services in a U.S. embargoed country or region or in violation of any U.S. export law or regulation. 2.6. Equipment. Customer shall be responsible for obtaining, maintaining and securing any Equipment used to access the Services.
  3. CONFIDENTIALITY 3.1 Protection of Confidential Information. The Receiving Party agrees (i) to protect Confidential Information using at least the same degree of care and discretion as it uses with its own Confidential Information, but in no event less than a reasonable degree of care; and (ii) not to sell, lease, rent, use or divulge (except in performance of the Services or as otherwise permitted herein) to any third person any such Confidential Information without the express prior written consent of the Disclosing Party. The Receiving Party may disclose Confidential Information to its Representatives on a strict need to know basis and only to those who are obligated to maintain the confidentiality of such Confidential Information under terms that are at least as protective as the terms set forth herein. 3.2 Compelled Disclosure. The Receiving Party may access and disclose Confidential Information of the Disclosing Party to the extent legally required to do so in connection with any legal or regulatory proceeding; provided, however, that in such event the Receiving Party will, if lawfully permitted, provide the Disclosing Party with notice in a reasonable time prior to such access or disclosure so as to allow the Disclosing Party an opportunity to seek appropriate protective measures. The Receiving Party will furnish only that portion of the Confidential Information that is legally required to be disclosed, and any Confidential Information so disclosed shall maintain its confidentiality protection for all purposes other than such legally compelled disclosure. If Coast2Coast Mortgage is compelled by law to access or disclose Customer’s Confidential Information as part of a civil proceeding to which Customer is a party, Customer will reimburse Coast2Coast Mortgage for the reasonable costs of compiling and providing secure access to such Confidential Information. 3.3 Equitable Relief. The Receiving Party acknowledges that the remedy at law for breach of this Section 3 may be inadequate and that, in addition to any other remedy the Disclosing Party may have, it shall be entitled to seek equitable relief, including, without limitation, an injunction or injunctions (without the requirement of posting a bond, other security or any similar requirement or proving any actual damages) to prevent breaches or threatened breaches of these confidentiality provisions by the Receiving Party or any of its Representatives and to enforce the terms and provisions of this Section 3 in addition to any other remedy to which the Disclosing Party is entitled at law or in equity. 3.4 Usage Information and Feedback. Notwithstanding anything to the contrary, Coast2Coast Mortgage shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies, (including, without limitation, information concerning Customer Data and data derived therefrom), and Coast2Coast Mortgage will be free during and after the Subscription Term to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Coast2Coast Mortgage offerings; and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business. By submitting any feedback or suggestions regarding the Services, or sharing such feedback with any Representative of Coast2Coast Mortgage, Customer grants to Coast2Coast Mortgage an unlimited, irrevocable, perpetual, sub-licensable, transferable, royalty-free license to use such feedback or suggestion(s) for any purpose and without any obligation or compensation to Customer, End User, or any other Customer Representative. No rights or licenses are granted except as expressly set forth herein.
  4. FEES 4.1 Calculation of Subscription Charges. Customer may purchase the Services either through Coast2Coast Mortgage’ website or by executing an Order Form. If the Parties execute an Order Form, Customer will make payment to Coast2Coast Mortgage in accordance with the terms of such Order Form. Subscription Charges are billed in advance and are nonrefundable unless otherwise stated herein. If Customer’s use of the Services exceeds the number of purchased End User Accounts set forth on an Order Form or otherwise requires the payment of additional Subscription Charges under this Agreement, Customer shall be charged for such usage and Customer agrees to pay the additional Subscription Charges from the date of first usage by End Users who were not paid for. Unless otherwise agreed upon in writing, the Subscription Charges for a renewal of the Subscription Term or for any additional subscriptions purchased by Customer shall be calculated according to the price(s) then specified on Coast2Coast Mortgage’ website. 4.2 Payment and Billing. Unless otherwise expressly set forth in this Agreement or an Order Form, all Subscription Charges are due in full upon commencement of the Subscription Term. Unless a substitute payment mechanism has been agreed to by Coast2Coast Mortgage, a valid credit card is required to subscribe to the Services and Customer authorizes Coast2Coast Mortgage to automatically charge Customer’s selected payment method for Subscription Charges on or after the starting date of each subsequent Subscription Term unless Customer’s subscription to the Services terminates as set forth in Section 5.2 below. Coast2Coast Mortgage may choose to bill through an invoice, in which case, full payment for invoices must be received by Coast2Coast Mortgage within thirty (30) days after the mailing date of the invoice. If Customer fails to pay its Fees within five (5) days of Coast2Coast Mortgage’ notice to Customer that payment is delinquent, or if Customer does not update payment information upon Coast2Coast Mortgage’ request, in addition to Coast2Coast Mortgage’ other remedies, Coast2Coast Mortgage may suspend access to and use of the Services by Customer and End Users. Unpaid amounts that are not disputed in good faith are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. Customer agrees to promptly update its Customer Account information, including payment information, with any changes that may occur (for example, a change in billing address or credit card expiration date). 4.3 Taxes. Unless otherwise stated in an Order Form, Coast2Coast Mortgage’ charges do not include any Taxes. Customer is responsible for paying Taxes assessed in connection with Customer’s subscription to the Services except those assessable against Coast2Coast Mortgage as measured by its net income. Coast2Coast Mortgage will invoice Customer for such Taxes if Coast2Coast Mortgage believes that Coast2Coast Mortgage has a legal obligation to do so, and Customer agrees to pay such Taxes if so invoiced. Coast2Coast Mortgage agrees to exempt Customer from any Taxes for which Customer provides to Coast2Coast Mortgage a tax exemption certificate; provided, however, that no such exemption shall be extended to Customer following written notice to Coast2Coast Mortgage from a taxing authority of appropriate jurisdiction that Customer does not qualify for the claimed exemption. 4.4 Billing Disputes. If Customer believes that Coast2Coast Mortgage has billed Customer incorrectly, Customer must contact Coast2Coast Mortgage no later than sixty (60) days after the closing date on the first billing statement in which the error or problem appeared in order to receive an adjustment or credit. Inquiries should be directed to Coast2Coast Mortgage’ customer support department at redd@coast2coastml.com. 4.5 Upgrades. If Customer chooses to upgrade its Service Plan or increase the number of End Users authorized to access and use a Service during a Subscription Term, any incremental Subscription Charges associated with such upgrade will be charged in accordance with the Subscription Charges that exist between Customer and Coast2Coast Mortgage during the applicable Subscription Term. The subscription term for additional End Users shall be coterminous with the then-current Subscription Term for the existing End Users. In any subsequent Subscription Term, Customer’s Subscription Charges will reflect any such upgrades. Any discount provided to Customer is applicable only to the initial Subscription Term detailed in an Order Form and will not be applied to any subsequent Subscription Terms. 4.6 Downgrades. Customer may not downgrade its Subscription Plan or reduce the number of End User subscriptions during any Subscription Term. If Customer desires to downgrade its Subscription Plan or reduce the number of End User subscriptions under any Subscription Plan for a subsequent Subscription Term, Customer must provide Coast2Coast Mortgage with thirty (30) days written notice prior to the end of Customer’s then-current Subscription Term. Downgrading a Service Plan may cause loss of content, features, or capacity of the Services as available to Customer under its Customer Account, and Coast2Coast Mortgage is not responsible for such loss. No credits or refunds will be issued for usage that is less than the purchased number of subscriptions or for unused time on subscriptions. 4.7 Payment Portals. If Customer mandates Coast2Coast Mortgage to use a vendor payment portal or compliance portal that charges Coast2Coast Mortgage a subscription fee or a percentage of any uploaded invoice as a required cost of doing business, Customer shall be invoiced by Coast2Coast Mortgage for, and Customer is obligated to pay, the cost of this fee.
  5. TERM AND TERMINATION 5.1 Term. Subject to termination provisions below, Coast2Coast Mortgage shall provide the Services to Customer for the initial Subscription Term of 12 months, which shall then be automatically renewed and extended for the same duration as the previous Subscription Term. Either Party may request termination at least sixty (60) days prior to the end of the then-current Subscription Term, and Customer may submit such request for termination by notifying Coast2Coast Mortgage at redd@coast2coastml.com. 5.2 Termination. Either Coast2Coast Mortgage or Customer may terminate this Agreement upon sixty (60) days’ notice if the other Party materially breaches any of the terms of this Agreement. Customer may terminate its subscription if it ceases its business operations or becomes subject to insolvency proceedings and such proceedings are not dismissed within sixty (60) days. Upon any termination, Coast2Coast Mortgage may immediately deactivate the Customer Account and any associated End User Account; provided, however, that in no event shall any such deactivation relieve Customer of any obligation to pay Fees accrued or payable to Coast2Coast Mortgage or of any liability pertaining to Customer’s use of the Services prior to such termination. In no event will Coast2Coast Mortgage’ termination for cause relieve Customer of its obligation to pay any Fees payable to Coast2Coast Mortgage for the period prior to termination. Except for Customer’s termination for Coast2Coast Mortgage’ uncured material breach of this Agreement, Customer must pay any unpaid Subscription Charges and Fees incurred for the remainder of the then-current Subscription Term. 5.3 Data Export. Coast2Coast Mortgage will make all Customer Data available to Customer for electronic retrieval for sixty (60) days after termination. After such sixty (60) days, Coast2Coast Mortgage shall delete Customer Data in accordance with its data deletion policy. 5.4 Suspension and Other Remedial Action. In addition to any other remedies that may be available, Coast2Coast Mortgage reserves the right to take that remedial action it deems necessary without liability to Coast2Coast Mortgage, including the immediate suspension or termination of a Customer Account or an End User Account, upon notice to Customer should Customer or an End User (i) fail to abide by the terms of this Agreement; or (ii) if in Coast2Coast Mortgage’ sole discretion, such action is deemed necessary to prevent disruption to the Services or harm to others. Coast2Coast Mortgage reserves the right to notify Customer and/or the administrator associated with the Customer Account with respect to an End User’s violation of the terms of this Agreement.
  6. INTELLECTUAL PROPERTY RIGHTS 6.1 Of Coast2Coast Mortgage. As between Customer and Coast2Coast Mortgage, Coast2Coast Mortgage owns all intellectual property rights in and to (i) the Services (excluding only the Customer Data) and all trademarks, logos and service marks utilized by Coast2Coast Mortgage in connection with the delivery of the Services; (ii) all improvements, enhancements or modifications of the Services; and (iii) any Software, applications, inventions or other technology developed in connection with supporting the Services. Coast2Coast Mortgage grants Customer a non-sublicensable, non-transferrable, non-exclusive, limited license to use the object code version of the Services solely as necessary to use the Services in accordance with this Agreement. 6.2 Of Customer. As between Customer and Coast2Coast Mortgage, Customer shall own all intellectual property rights in and to the Customer Data. Customer grants to Coast2Coast Mortgage on behalf of itself and its End Users a worldwide, non-sublicensable, non-transferrable (except in connection with the sale or transfer of its business), non-exclusive, limited license to access, use, copy, reproduce, process, adapt, distribute, publish, transmit, export and display the Customer Data as reasonably necessary (i) to provide, maintain and update the Services; (ii) to prevent or address service, security, support and technical issues; (iii) as required by law or as permitted by Coast2Coast Mortgage’ Law Enforcement Data Request Guidelines; and (iv) as expressly permitted by Customer in writing.
  7. WARRANTY AND DISCLAIMER 7.1 Providing the Services. Coast2Coast Mortgage shall use reasonable efforts consistent with prevailing industry standards to make the Services available to Customer and maintain the Services in a manner which minimizes errors and interruptions in the Services. The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Coast2Coast Mortgage or by third party providers, or because of other causes beyond Coast2Coast Mortgage’ reasonable control, but Coast2Coast Mortgage shall use reasonable efforts to provide advance written notice of any scheduled service disruption. EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, THE SERVICES AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND COAST2COAST MORTGAGE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COAST2COAST MORTGAGE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, VIRUS-FREE OR FREE FROM HARMFUL COMPONENTS; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. 7.2 Protecting Customer Data. Coast2Coast Mortgage will maintain industry-standard administrative, physical, and technical safeguards designed to prevent unauthorized access, use, modification, deletion or disclosure of the Customer Data and will ensure that third party service providers utilized by Coast2Coast Mortgage in connection with its delivery of the Services do the same. If Customer Data includes “personal data” defined by EU Regulation 2016/679 (the General Data Protection Regulation or “GDPR”), if such Customer Data is transferred outside the European Economic Area or Switzerland to any country not deemed by the European Commission as providing an adequate level of protection for personal data, and/or if Customer Data includes personal information as defined by the California Consumer Privacy Act of 2018 (the “CCPA”), then the terms of Coast2Coast Mortgage’ Data Processing Addendum shall apply to such personal data and shall be incorporated into this Agreement upon the execution of the Data Processing Addendum by Customer in accordance with its terms. If Customer signed up to use the Services prior to July 1, 2020, or otherwise entered into a different data processing agreement with Coast2Coast Mortgage, the terms of Customer’s existing data processing agreement will continue to apply unless and until Customer signs the updated Data Processing Addendum referenced herein. 7.3 Data Portability and Deletion. The GDPR and the CCPA provide individuals in certain circumstances with rights to, among other things, access, delete and make corrections to their personal data. Coast2Coast Mortgage’ commitment to meeting these obligations can be found in its Privacy Notice.
  8. INDEMNIFICATION 8.1 Coast2Coast Mortgage’ Indemnification Obligations. Coast2Coast Mortgage will indemnify Customer Parties from and against any third party claim alleging that the Services violate the intellectual property rights of such third party and will indemnify the Customer Parties for damages awarded against the Customer Parties in connection with or as a result of such claim or any amounts paid by Customer Parties under a settlement approved by Coast2Coast Mortgage, including reasonable attorneys’ fees incurred in connection with the defense or settlement of such claim. Notwithstanding the foregoing, Coast2Coast Mortgage shall not be required to indemnify Customer Parties to the extent the claim against Customer Parties arises from (i) Customer or any End User’s use of the Services in a manner that violates this Agreement; (ii) use of the Services in a modified form or in combination with any third party product, service or content not furnished to Customer by Coast2Coast Mortgage; (iii) portions or components of the Services made wholly or partially in accordance with Customer specifications; or (iv) instances where Customer continues allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement. This Section 8.1 states Coast2Coast Mortgage’ sole liability with respect to, and Customer’s exclusive remedy against Coast2Coast Mortgage Parties for, any such claim. 8.2 Customer’s Indemnification Obligations. Customer will indemnify Coast2Coast Mortgage Parties from and against any third party claim, action, suit, proceeding or demand arising from or related to (i) Customer’s or an End User’s violation of this Agreement; and (ii) any third party claim alleging that Customer Data violates the intellectual property rights of such third party, and will indemnify Coast2Coast Mortgage Parties for damages awarded against the Coast2Coast Mortgage Parties in connection with or as a result of such claim or any amounts paid by Coast2Coast Mortgage Parties under a settlement approved by Customer, including reasonable attorneys’ fees incurred in connection with the defense or settlement of such claim. This Section 8.2 states Customer’s sole liability with respect to, and the Coast2Coast Mortgage Parties’ exclusive remedy against Customer for, any such claim. 8.3 Potential Infringement. If due to a claim of infringement the Services are held by a court of competent jurisdiction or believed by Coast2Coast Mortgage to be infringing, Coast2Coast Mortgage may at its option and expense, (i) replace or modify the Services to be non-infringing provided that such modification or replacement contains substantially similar features and functionality; (ii) obtain for Customer a license at Coast2Coast Mortgage’ expense to continue using the Services; or (iii) if neither of the foregoing are commercially practicable, terminate this Agreement and Customer’s rights hereunder, in which case Coast2Coast Mortgage’ sole liability (in addition to its indemnification obligations above) shall be to provide Customer with a pro-rated refund of prepaid but unused Subscription Charges applicable to the remaining portion of Customer’s current Subscription Term. Sections 8.1 and 8.3 state Coast2Coast Mortgage’ sole liability with respect to, and Customer Parties’ exclusive remedy against Coast2Coast Mortgage for, any infringement claim. 8.4 Indemnification Process. The Party seeking indemnification shall (i) provide prompt notice to the indemnifying Party concerning the existence of an indemnifiable claim; (ii) promptly provide the indemnifying Party with all information and assistance reasonably requested; and (iii) cooperate fully with the indemnifying Party in defending the claim. Failure to give prompt notice shall not constitute a waiver of a Party’s right to indemnification and shall affect the indemnifying Party’s obligations under this Agreement only to the extent that the indemnifying Party’s rights are materially prejudiced by such failure or delay. The indemnifying Party shall have full control and authority over the defense of any claim; provided, however, that any settlement requiring the Party seeking indemnification to admit liability or make any financial payment shall require such Party’s prior written consent, not to be unreasonably withheld or delayed.
  9. LIMITATION OF LIABILITY 9.1 Exclusion Of Damages. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) SHALL EITHER PARTY TO THIS AGREEMENT, OR THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, SUPPLIERS OR LICENSORS, BE LIABLE TO THE OTHER PARTY OR ITS AFFILIATES FOR ANY LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA (WHERE SUCH DATA IS LOST IN THE COURSE OF TRANSMISSION VIA CUSTOMER’S SYSTEMS OR OVER THE INTERNET THROUGH NO FAULT OF COAST2COAST MORTGAGE), BUSINESS INTERRUPTION, LOSS OF GOODWILL, COSTS OF COVER OR REPLACEMENT, OR FOR ANY OTHER TYPE OF INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGES INCURRED BY THE OTHER PARTY OR ITS AFFILIATES IN CONNECTION WITH THIS AGREEMENT, THE SERVICES OR PROFESSIONAL SERVICES, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES. 9.2 Limitation Of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, COAST2COAST MORTGAGE’S AGGREGATE LIABILITY TO CUSTOMER, ITS AFFILIATES, OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE SERVICES OR PROFESSIONAL SERVICES, SHALL IN NO EVENT EXCEED THE SUBSCRIPTION CHARGES AND/OR PROFESSIONAL SERVICES FEES PAID BY CUSTOMER DURING THE TWELVE (12) MONTHS PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE ESSENTIAL PURPOSE OF THIS SECTION 9.2 IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES AND LIMIT POTENTIAL LIABILITY GIVEN THE SUBSCRIPTION CHARGES AND PROFESSIONAL SERVICES FEES, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF COAST2COAST MORTGAGE WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. COAST2COAST MORTGAGE HAS RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO PROVIDE CUSTOMER WITH THE RIGHTS TO ACCESS AND USE THE SERVICES AND/OR THE PROFESSIONAL SERVICES PROVIDED FOR IN THIS AGREEMENT. THE FOREGOING LIMITATIONS IN THIS SECTION 9.2 SHALL NOT APPLY TO CLAIMS OR DAMAGES ARISING FROM (1) THE BODILY INJURY OF A PERSON, (2) THE INDEMNIFICATION OBLIGATIONS HEREIN, OR (3) CUSTOMER’S NON-PAYMENT OF UNDISPUTED FEES DUE AND PAYABLE. 9.3 Limitation of Liability in the Aggregate. THE LIMITATION OF LIABILITY PROVIDED FOR HEREIN APPLIES IN AGGREGATE TO ANY AND ALL CLAIMS BY CUSTOMER AND ITS AFFILIATES, AND SHALL NOT BE CUMULATIVE. 9.4 Jurisdiction-specific Exclusions. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages or for a Party’s own fraud, willful injury to the person or property of another, or violation of law which means that some of the above limitations may not apply to Customer. IN THESE JURISDICTIONS, COAST2COAST MORTGAGE’ LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. 9.5 Enforceable Against Coast2Coast Mortgage. Any claims or damages that Customer may have against Coast2Coast Mortgage shall only be enforceable against Coast2Coast Mortgage, LLC. and not any other entity, nor any officers, directors or Representatives of Coast2Coast Mortgage or any other entity. 9.6 The provisions of this Section 9 allocate the risk between the Parties under this Agreement and the Parties have relied on these limitations in determining whether to enter into this Agreement.
  10. USE OF THIRD PARTY SERVICES The Services allow for various Third Party Services to be used in connection with the Services. Customer’s use of such Third Party Services, and any exchange of Customer Data between Customer and the provider of such Third Party Service is solely between Customer and the Third Party Service provider. Coast2Coast Mortgage does not warrant or support any Third Party Service or other non-Coast2Coast Mortgage product or service, regardless of whether such Third Party Service is promoted or made available through the Services or is designated by Coast2Coast Mortgage as “certified” or “working with” the Services. Customer acknowledges that providers of such Third Party Services may have access to Customer Data in connection with the interoperation and support of such Third Party Service with the Services and that, as between Customer and Coast2Coast Mortgage, Customer is solely responsible for reviewing and complying with such Third Party Service provider’s terms of use, practices and policies. To the extent Customer authorizes the access or transmission of Customer Data through a Third Party Service, Coast2Coast Mortgage shall not be responsible for any use, disclosure, modification, or deletion of such Customer Data by the Third Party Service provider or for any act or omission on the part of such Third Party Service provider.
  11. MISCELLANEOUS 11.1 Governing Law; Venue. This Agreement and any disputes arising under it will be governed by the laws of the State of Florida without regard to its conflict of laws provisions, and Coast2Coast Mortgage, Customer and End User consent to the personal jurisdiction and venue of the state or federal courts located in Polk County, Florida. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. 11.2 Arbitration. Any dispute arising out of or in any way relating to this Agreement shall be resolved according to Florida law and exclusively by binding arbitration before a single arbitrator with the Judicial Arbitration and Mediation Service (JAMS) and pursuant to the then existing arbitration rules at JAMS. If the Parties cannot agree upon selection of an arbitrator, then JAMS shall appoint an arbitrator experienced in the enterprise software industry. The place of the arbitration will be Polk County, Florida unless otherwise agreed upon by the Parties. The arbitration will be conducted in English. The arbitrator shall provide detailed written findings of fact and conclusions of law in support of any award. Judgment upon any such award may be enforced in any court of competent jurisdiction. The Parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the Parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth herein is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the portions of this section mandating arbitration shall be deemed null and void in their entirety and the Parties shall be deemed to have not agreed to arbitrate disputes. Customer may opt out and not be bound by the arbitration and class action waiver provisions by sending written notice to Coast2Coast Mortgage within thirty (30) days of the Effective Date of this Agreement between Customer and Coast2Coast Mortgage. Written notice should be sent to the address shown below. If Customer opts out of arbitration, Coast2Coast Mortgage will also not be bound to arbitrate. Notwithstanding the foregoing, either Party shall be entitled to seek injunctive relief as set forth in the Confidentiality section above to stop unauthorized use of any Confidential Information or the Services or infringement of a Party’s intellectual property rights. Disputes, claims, or controversies concerning either Party’s intellectual property rights or claims of piracy or unauthorized use of the Services shall not be subject to arbitration. The Parties further agree that the prevailing Party in any action or proceeding to enforce any right or provisions under this Agreement, including any arbitration or court proceedings, will be entitled to recover its reasonable costs and attorneys’ fees. 11.3 Legal Notices. Coast2Coast Mortgage may provide general notices related to the Services that are applicable to Customer via email or notification within the Services and such notices shall be deemed to satisfy any legal requirement that notice be made in writing. Legal notices (including all legal notices from Customer) must be sent via email, first class mail, airmail, or overnight courier to the address of the Customer provided via an Order Form. Legal notices will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. Legal notices to Coast2Coast Mortgage shall be sent to:

Coast2Coast Mortgage, LLC.

Attn: Legal Department

9050 Cypress Green Drive #403

Jacksonville, FL 32256

If Email: redd@coast2coastml.com General support-related inquiries to Coast2Coast Mortgage can be sent to redd@coast2coastml.com. 11.4 Publicity; Use of Customer’s Marks. Coast2Coast Mortgage shall have the right to use Customer’s name and logo in a factual manner for marketing or promotional purposes on Coast2Coast Mortgage’ website and in other communication with existing or potential Coast2Coast Mortgage customers. The Parties shall work together in good faith to issue at least one mutually agreed upon press release upon Customer’s launch of the Services, and Customer otherwise agrees to reasonably cooperate with Coast2Coast Mortgage to serve as a reference upon request. 11.5 Severability; No Waiver. In the event that any provision of this Agreement is found to be invalid or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that the Agreement shall otherwise remain in full force and effect and remain enforceable between the Parties. No waiver of any provision of this Agreement shall be deemed a further or continuing waiver of such provision or any other provision, and a Party’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. 11.6 Assignment. Neither this Agreement nor any of the rights or licenses granted hereunder may be transferred or assigned by either Party without the other Party’s express prior written consent (not to be unreasonably withheld or delayed); provided, however, that either Party may assign this Agreement and all Order Forms related to Customer’s use of the Services upon written notice (if by Customer via email to redd@coast2coastml.com) without the other Party’s consent to an Affiliate or to its successor in interest in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets; provided, however, that should Customer assign this Agreement to any competitor of Coast2Coast Mortgage, then Coast2Coast Mortgage shall have the right to terminate this Agreement and Customer’s use of the Services upon notice, in which case Coast2Coast Mortgage shall provide Customer’s assignee with a pro-rata refund of any prepaid but unused Fees. To effectuate an assignment of a Customer Account after receiving Coast2Coast Mortgage’ consent, Customer (“Assignor”) must submit an email to redd@coast2coastml.com and execute a form provided by Coast2Coast Mortgage with the subsequent Customer (“Assignee”) which conveys all interests, rights, and obligations in this Agreement and active Order Forms from the Assignor to Assignee. Upon review by Coast2Coast Mortgage’ Legal Department and execution by all Parties, the Agreement previously entered into by and between Assignor and Coast2Coast Mortgage, pursuant to which Assignor purchased a subscription to the Services, will be assigned as requested to the Assignee as of the assignment effective date. Any other attempt to transfer or assign this Agreement or a Customer Account will be null and void. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the Parties, their respective successors, and permitted assigns. 11.7 Force Majeure. Neither Party shall be liable for delayed or inadequate performance of its obligations hereunder to the extent caused by a Force Majeure Event. The Party experiencing such Force Majeure Event shall be relieved from its obligations (or part thereof) as long as the Force Majeure Event lasts and hinders the performance of said obligations (or part thereof); provided, however, that the Party experiencing such Force Majeure Event shall promptly notify the other Party of such event and shall make reasonable efforts to mitigate the effects of the Force Majeure Event. For the avoidance of doubt, a Force Majeure Event shall not include Customer’s financial inability to perform its payment obligations hereunder. 11.8 Relationship of the Parties. The Parties are and shall be independent contractors with respect to all Services provided under this Agreement. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the Parties, and Customer does not have any authority of any kind to bind Coast2Coast Mortgage in any respect whatsoever. There are no third party beneficiaries to this Agreement. Without limiting this section, Customer’s End Users are not third party beneficiaries to Customer’s rights under this Agreement. 11.9 Extension of Rights to Affiliates. Customer may extend its rights, benefits and protections provided herein to its Affiliates provided that Customer remains responsible and liable for such Affiliate’s compliance with this Agreement. 11.10 Trial Subscriptions. Coast2Coast Mortgage may, at its option, offer new customers a limited free trial of the Services, subject to this Agreement. Notwithstanding anything to the contrary herein, Coast2Coast Mortgage shall have the right to terminate a Customer free trial at any time and for any reason. 11.11 Beta Access. Select Customers may be invited to participate in the review and testing of pre-release versions of new tools and enhancements within the Services which may be identified as “beta,” “early access,” “evaluation,” “preview,” “test,” “pre-release,” or a similar term. Customer acknowledges and understands that its participation in such pre-release testing is (i) not required and is at Customer’s own risk; (ii) made available on an “as is” basis; and (iii) may be subject to additional terms related to its use. 11.12 English Version Controls. Non-English translations of this Agreement may be provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls. 11.13 Entire Agreement. This Agreement, including all attachments, policies, exhibits, addendums, and any Order Form(s) related hereto, constitutes the entire agreement between the Parties concerning the subject matter hereof and supersedes and replaces any prior or contemporaneous representations, understandings and agreements, whether written or oral, with respect to its subject matter. To the extent of any conflict or inconsistency between the provisions of this Agreement and any Order Form, the Order Form shall prevail. No terms or conditions stated in any Customer purchase order or similar documentation shall be incorporated into or form any part of this Agreement, and all such terms or conditions shall be considered null and void. 11.14 Updating this Agreement. Coast2Coast Mortgage reserves the right to update or modify this Agreement from time to time as its business evolves by posting an updated version of this Agreement on its website. If, in Coast2Coast Mortgage’ sole discretion, it believes that the modifications being made are material, Coast2Coast Mortgage will notify Customer and End User prior to the change taking effect. By continuing to utilize the Services after the effective date of any update to this Agreement, Customer and End User will be deemed to have accepted such update.

  1. DEFINITIONS 12.1 “Affiliate” means, with respect to a Party, any entity that directly or indirectly controls, is controlled by, or is under common control with such Party, whereby “control” (including, with correlative meaning, the terms “controlled by” and “under common control”) means the possession, directly or indirectly, of the power to direct, or cause the direction of the management and policies of such Party, whether through the ownership of voting securities, by contract or otherwise. 12.2 “Agreement” means this Software-as-a-Service (SaaS) Agreement, consisting of the terms and conditions stated herein as well as all Order Forms, policies, addenda, exhibits, attachments and amendments (if any). 12.3 “Confidential Information” means all information provided or made available by the Disclosing Party to the Receiving Party in connection with this Agreement that is either identified as, or should reasonably be understood by the Receiving Party to be, proprietary or confidential, including, but it not limited to, non-public information regarding features, functionality and performance of the Services, the terms of this Agreement, Personal Data, Customer Data, business plans, product plans, roadmaps, strategies, forecasts, projects and analyses, the results of any audit related to the Services (including but not limited to security audits), financial information and fee structures, business processes, methods and models, and technical Documentation, but does not include any information that the Receiving Party can demonstrate (i) was generally available to the public at the time of disclosure; (ii) was in its possession or known by it without restriction prior to receipt from the Disclosing Party; (iii) was rightfully disclosed to it without restriction by a third party; or (iv) was independently developed without the use of any Confidential Information of the Disclosing Party. 12.4 “Customer” means the individual or entity represented by the individual(s) entering into this Agreement with Coast2Coast Mortgage and includes Customer’s Affiliates. 12.5 “Customer Account” refers to the account or instance within the Services created on behalf of Customer by a representative of Customer that has administrative rights on the Customer Account to take certain actions and make certain changes on behalf of the Customer. 12.6 “Customer Data” means information provided, created, processed, uploaded, submitted, stored, sent and received by Customer or End User, or transmitted and/or uploaded by Coast2Coast Mortgage on behalf of Customer or End User, in connection with Customer or End User’s use of the Services. 12.7 “Customer Parties” means Customer and its Affiliates, subsidiaries, officers, employees and agents. 12.8 “Customer Settings” means the portion of the Services which Customer can access by creating a Customer Account and where Customer can perform administrative functions, such as adding and deleting users. 12.9 “Data Processing Addendum” means Coast2Coast Mortgage’ data processing addendum made available to Customers. 12.10 “Disclosing Party” means a Party to this Agreement which may make Confidential Information available to the other Party. 12.11 “Documentation” means any written or electronic documentation, images, video, text or sounds specifying the functionalities or limitations of the Services or describing Service Plans, as applicable, provided or made available by Coast2Coast Mortgage including in the applicable Coast2Coast Mortgage help center(s). 12.12 “End User” means an individual accessing the Services through permissions granted in a Customer Account. 12.13 “End User Account” means the account or instance within the Services created by an End User who completes the registration process by providing their full legal name, a valid email address, and any other information requested. 12.14 “End User Conduct and Content Policy” means Coast2Coast Mortgage’ policy found at https://www.coast2coastmortgage.com/notices/. 12.15 “Equipment” means any equipment and ancillary services needed in order to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like. 12.16 “Fees” means dollar amounts due and payable to Coast2Coast Mortgage by Customer as compensation for Customer’s use of the Services, including Subscription Charges and fees for Professional Services. 12.17 “Force Majeure Event” means a condition that is beyond a Party’s reasonable control, including but not limited to natural disasters, civil disturbances, epidemics, pandemics, quarantines, acts of terrorism or war, labour conditions, governmental actions, interruptions or failure of the internet or any utility service, failures in third party hosting services, and denial of service attacks. 12.18 “Coast2Coast Mortgage” means Coast2Coast Mortgage App, Inc. 12.19 “Coast2Coast Mortgage Parties” means Coast2Coast Mortgage and its Affiliates, subsidiaries, officers, employees, and agents. 12.20 “Law Enforcement Data Request Guidelines” means Coast2Coast Mortgage’ guidelines found at https://www.coast2coastmortgage.com/notices/. 12.21 “Order Form” means the written instrument signed by both Parties to this Agreement which specifies the Fees associated with Customer’s use of the Services as well the Subscription Term. 12.22 “Parties” means Customer and Coast2Coast Mortgage. 12.23 “Privacy Notice” means Coast2Coast Mortgage’ policy found at https://www.coast2coastmortgage.com/notices/. 12.24 “Professional Services” means consulting, or professional services (including any training, success, and implementation services) provided by Coast2Coast Mortgage. Professional Services may also be referred to as consulting services in the Documentation or statement of work. 12.25 “Receiving Party” means a Party to this Agreement which may receive Confidential Information from the other Party. 12.26 “Representatives” means the employees, Affiliates, consultants, contractors, subcontractors, agents, or advisors of a Party. 12.27 “Services” means the software-as-a-service application and technical support services owned or operated by Coast2Coast Mortgage, including mobile applications, Software, websites, or other properties. “Services” excludes third party services. 12.28 “Software” means the source code, object code or underlying structure, data, ideas, know-how, algorithms, systems, programs, or other operating information used by a computer to display the Services. 12.29 “Subscription Charges” means dollar amounts due and payable to Coast2Coast Mortgage by Customer under this Agreement as compensation for Customer’s use of the Services. 12.30 “Subscription Plan” means the packaged service plan(s) and the functionality and Services associated therewith (as detailed on Coast2Coast Mortgage’ website and in Documentation applicable to the Service. 12.31 “Subscription Term” means the time period during which Coast2Coast Mortgage shall agree to provide and Customer shall agree to purchase the Services as specified in an Order Form or as agreed to by Customer upon signing up through Coast2Coast Mortgage’ websites or Customer Settings. 12.32 “Taxes” means all taxes, levies, duties or similar assessments of any nature, including but not limited to, value-added, sales, use or withholding taxes, assessable by any jurisdiction. 12.33 “Third Party Services” means the various third party applications and services which Coast2Coast Mortgage makes available for use in connection with the Services.

Law Enforcement Data Request Guidelines

Last Updated: January 3, 2024

These guidelines are intended to provide law enforcement authorities with information regarding the process for requesting records from Expert Roof Solutions, LLC. (“Expert Roof Solutions” or “We”). So that we can ensure compliance with our SaaS Services Agreement (“Agreement”) and Privacy Notice, we respond only to law enforcement requests that adhere to established legal process and applicable law.

  1. U.S. Legal Process Requirements. We disclose user information solely in accordance with our Agreement and applicable U.S. law, including the federal Stored Communications Act (“SCA”), 18 U.S.C. Sections 2701-2712. In accordance with U.S. law:
  2. A jurisdictionally valid subpoena, issued in connection with an official criminal investigation, is required to compel the disclosure of basic user records, which may include name, length of service, credit card information (including billing address), email address(es), and an IP address, if available.
  3. A court order is required to compel the disclosure of certain records or other information related to a user account (not including contents of communications), which may include message headers and IP addresses, in addition to the basic user records identified above.
  4. A search warrant properly issued under the procedures described in the Federal Rules of Criminal Procedure or equivalent state warrant procedures, based on a showing of probable cause, is required to compel the disclosure of the stored contents of any account, which may include messages, attachments, or other content of communications within a user’s account.
  5. International Legal Requirements. A Mutual Legal Assistance Treaty (MLAT) request or letter rogatory may be required to compel the disclosure of the contents of a customer account in the case of requests from law enforcement outside of the U.S.
  6. Account Preservation Requests. We will take reasonable steps to preserve account records in connection with official criminal investigations for a period of ninety (90) days pending our receipt of a formal legal request for user data. You may request the preservation of records via email, fax or mail as indicated below.
  7. Information Required in Connection With Your Request.
  8. Your Contact Information.                                     
  9. Requesting Agency’s name                                    
  10. Requesting Agent’s name                                   

iii.        Requesting Agent’s badge/identification number                                  

  1. Requesting Agent’s Agency-issued Email address                                    
  2. Requesting Agent’s telephone number, including extension                                  
  3. Requesting Agent’s mailing address (PO Box not acceptable)                                 

vii.        Requested response date (please allow at least 3 weeks for processing)

  1. Data Request Information                                     
  2. Full (first and last) name of the Expert Roof Solutions User                                    
  3. Email address(es) associated with the Expert Roof Solutions User’s account                                   

iii.        A clear and specific description of the data being requested (we will be unable to process overly broad or vague requests)

  1. Data Availability. We will search for and disclose data that is specified with particularity in an appropriate form of legal process and which we are reasonably able to locate and retrieve.
  2. User Notification. Front’s policy is to notify users of requests for their information, which includes a copy of the request, prior to disclosure so that they may have an opportunity to challenge such request unless (i) we are prohibited from doing so by law or court order; (ii) there are exceptional circumstances, such as an emergency involving the risk of bodily injury or death to a person or group of people or potential harm to minors; or (iii) prior notice would be counterproductive (for example, if we believe that the account in question has been hijacked). Law enforcement officials who believe that notification would jeopardize an investigation should obtain a proper court order or other appropriate process establishing that notice is prohibited. Please note that officer authored affidavits, cover letters or similar statements are not sufficient to preclude notice to our users. Please note that in situations where a data request draws attention to an ongoing violation of our Agreement we may, in order to protect our services and its users, take action to prevent any further abuse, including actions that could notify the user(s) who are the subject of your data request that we are aware of their misconduct.
  3. Submitting Your Request. A data request may be served by certified mail, express courier, or in person at our corporate headquarters at the following address: Expert Roof Solutions, LLC., 2816 Majestic Isle Dr, Clermont, FL 34711
 

For questions about these or any Expert Roof Solutions policies, email us at bruce@expertroofsolutions.com.

 

End User Conduct and Content Policy

Updated January 3, 2024

Important: If you believe one of our Customers or End Users have violated this policy, please fill out our Contact Us form, and provide as detailed information as possible to assist with our investigation. Coast2Coast Mortgage, LLC. (“Coast2Coast Mortgage,” “we“, “us”, “our”) provides online shared inbox and productivity tools and services that allow our Customers and their End Users to freely communicate, collaborate and share content. The vast majority of the time this communication is productive and benefits the parties involved. However, there are times when a Customer or End User uses our Services to engage in or support objectionable or harmful conduct. We developed this End User Conduct & Content Policy (“Policy”) to make it clear that such activity is prohibited.

The Policy is incorporated into the Coast2Coast Mortgage SaaS Services Agreement (“Agreement”) and outlines prohibited use, conduct and content on the Services. This Policy applies to all Customers and End Users who access and use the Services. Notwithstanding the Agreement, Coast2Coast Mortgage may in its sole discretion suspend or terminate an account immediately and without prior notice due to a violation of this Policy.  We encourage all persons to report suspected violations of this Policy. There may be instances where we are limited in how we can respond to reported violations, but we want to know about the activity. You also agree that if you learn of any unauthorized or unacceptable use of any account, Customer Data or the Service, you will promptly contact Coast2Coast Mortgage support and take all reasonable steps to cooperate with Coast2Coast Mortgage and assist in the termination of such use. Capitalized terms used in this Policy but not defined herein have the meaning given to them in the Agreement.  

Malicious Activities

End Users may not:

access or tamper with the Services or engage in unauthorized access of the Services, including but not limited to Coast2Coast Mortgage’ computer systems or the technical delivery systems of Coast2Coast Mortgage or its service providers; 

use the Services to transmit viruses, malware, or other harmful code. This includes sending content or automated traffic, generated by bots or otherwise, that harms networks, services or other infrastructure of Coast2Coast Mortgage or any third party. This includes but is not limited to: using or launching any automated system that accesses the Services (i.e., bot) in a manner that sends more request messages to a server of the Services in a given period of time than a human engaged in regular use would reasonably produce in the same period; launching or facilitating, whether intentionally or unintentionally, a level of traffic on the Services or engage in any other conduct that materially and adversely impacts the security, availability, or stability of the Services;

probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;

reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation, systems, networks or data related to the Services;

modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Coast2Coast Mortgage or integrated within the Services);

attempt to bypass or break any security or rate limiting mechanism on any of the Services or use the Services in any manner that interferes with or disrupts the integrity, security or performance of the Services and its components;

use an API or any Software to circumvent applicable Service plan restrictions or End User licensing restrictions that are enforced in the Services user interface;

use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party;

remove any proprietary notices or labels;

“scrape” or otherwise access or search the Services by means other than through Coast2Coast Mortgage’ supported interfaces;

disrupt or interfere with the access of other End Users or any host or network, including, without limitation, by sending a virus, overloading, spamming, mail-bombing or flooding the Services, or by scripting the creation of content in a manner designed to interfere with or create an undue burden on the Services;

use or access the Services for competitive purposes, or violate Coast2Coast Mortgage’ intellectual property rights;

to the extent Customer is subject to the US Health Insurance Portability and Accountability Act of 1996, and its implementing regulations (HIPAA), use the Services to store or transmit any “protected health information” as defined by HIPAA, or

reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Services, use of the Services, or access to the Services without Coast2Coast Mortgage’ prior written approval, unless expressly agreed to otherwise in writing by Coast2Coast Mortgage.  

Spam or Unwanted Contact

The Services may not be used to send or host spam, including the sending of unwanted or unauthorized commercial content, unwanted or mass solicitation, or other forms of duplicative or unsolicited messages. The Services may not be used, directly or in conjunction with any process, to circumvent spam filters or bypass the account limitations or restrictions of any third party. If a Customer’s account is found to be sending or hosting spam, Coast2Coast Mortgage may investigate and contact the Customer to stop sending the messages if it believes Customer is doing so unintentionally, or Coast2Coast Mortgage may suspend and/or terminate the Customer’s account immediately at our sole discretion and block IP addresses or email addresses it believes to be the source of the spam. Any conduct that Coast2Coast Mortgage, in its sole discretion, believes restricts or inhibits anyone else from using or enjoying the Services will not be permitted. Coast2Coast Mortgage reserves the right, in its sole discretion, to remove Customer Data.  

Hateful Activities

The Services may not be used to transmit or host hate speech, advocate violence or terrorism, distribute graphically violent or obscene content, or to support hateful, racist, libelous, or discriminatory activities. Further, use of the Services by organizations that promote or normalize hate against individuals, hateful speech, violence, terrorism or whose primary purpose is inciting hatred or violence, is prohibited. To effectively comply with this Policy, organizations whose primary purpose is to host, promote or otherwise contain user-generated content (“UGC”) must implement reasonably effective moderation policies and remedial procedures related to UGC that promote or normalize violence or hateful activities.  

Illegal and Fraudulent Activities

The Services may not be used to engage in dangerous, illegal, or fraudulent activities or to directly or indirectly promote such activities. This prohibition includes promoting or supporting pyramid schemes or similar activities and using the Services to violate applicable laws, regulations or statutes (including, as applicable, California’s Invasion of Privacy Act and similar laws in other jurisdictions). If Coast2Coast Mortgage suspects a Customer is using the Services to conduct or to support fraudulent or illegal activities, including but not limited to, the violation of any person’s privacy rights, infringing the intellectual property rights of others, publishing or posting other people’s private and confidential information without their express permission, or unauthorized collecting or gathering other people’s personal information, it may suspend or terminate the Customer’s account. If any person suspects that a Customer or End User is engaging in illegal or fraudulent activity, please report it to Coast2Coast Mortgage in accordance with the process described above. Please note that Coast2Coast Mortgage is limited in its ability to review fraudulent activity that may occur outside of the Services or to assess the legality of certain activities and may require that person work with law enforcement to validate the fraudulent nature or the illegality of the activity before we are able to take action related to a reported account.  

Subdomain Squatting and Account

Hijacking The creation of accounts using subdomains that include names and trade names of other businesses, organizations or individuals is prohibited. If Coast2Coast Mortgage determines that a Customer is engaging in this activity it may suspend or terminate the Customer’s account. Accessing another account without the permission of the Customer that owns the account or using the Services for phishing schemes is prohibited.  

Child Exploitation and Human Trafficking

Upload or sharing content that exploits or abuses children is prohibited. This includes all child sexual abuse imagery, including cartoon images and all content that presents children in a sexual manner. We will remove such content from the Services and take appropriate action, which includes terminating a Customer’s account(s) and reporting it to the National Center for Missing & Exploited Children (NCMEC) and law enforcement. If you find any content that you believe exploits children in this manner, please report the content here. If you find content elsewhere on the internet, please contact NCMEC directly. Further, do not upload or share content that promotes, enables or discusses human trafficking. If we find evidence that a Customer is engaging in such activity, we will alert the authorities and terminate the Customer’s account(s).  

Sexually Explicit Content

The Services may not be used to distribute content that contains nudity, graphic sex acts, or sexually explicit material.  

Harassment and Bullying

The Services may not be used to engage in abusive, harassing, or bullying behavior, including when contacting Coast2Coast Mortgage employees, agents or suppliers. This prohibition also includes a prohibition on illegal dissemination of private information or media using the Services.  

Deceptive Behavior

The Services may not be used to deceive individuals or impersonate other individuals or organizations. This prohibition includes but is not limited to falsely implying any sponsorship or association with Coast2Coast Mortgage, creating a false or forged identity, email address, header, or phone number or otherwise attempting to mislead others as to the identity of the originator or source of a communication.  

Age Limit

The Services are not intended for use by those under the age of 16 and Customer is responsible for ensuring that all End Users are at least 16 years of age.

Privacy Policy

Last updated: January 03, 2024

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You. We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy. This Privacy Policy has been created with the help of the Free Privacy Policy Generator.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

Account means a unique account created for You to access our Service or parts of our Service.

Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Application refers to expertassistant.app, the software program provided by the Company.

Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Coast2Coast Mortgage LLC, 510 S Tangerine Ct, Eagle Lake, FL 33839.

Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.

Country refers to: Florida, United States

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Personal Data is any information that relates to an identified or identifiable individual.

Service refers to the Application or the Website or both.

Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.

Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.

Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

Website refers to Coast2Coast MortgageLLC , accessible from www.coast2coastmortgage.com

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

Email address

First name and last name

Phone number

Address, State, Province, ZIP/Postal code, City

Usage Data

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Information from Third-Party Social Media Services

The Company allows You to create an account and log in to use the Service through the following Third-party Social Media Services:

Google

Facebook

Instagram

X

LinkedIn

If You decide to register through or otherwise grant us access to a Third-Party Social Media Service, We may collect Personal data that is already associated with Your Third-Party Social Media Service’s account, such as Your name, Your email address, Your activities or Your contact list associated with that account.

You may also have the option of sharing additional information with the Company through Your Third-Party Social Media Service’s account. If You choose to provide such information and Personal Data, during registration or otherwise, You are giving the Company permission to use, share, and store it in a manner consistent with this Privacy Policy.

Information Collected while Using the Application

While using Our Application, in order to provide features of Our Application, We may collect, with Your prior permission:

Information from your Device’s phone book (contacts list)

We use this information to provide features of Our Service, to improve and customize Our Service. The information may be uploaded to the Company’s servers and/or a Service Provider’s server or it may be simply stored on Your device.

You can enable or disable access to this information at any time, through Your Device settings.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:

Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.

Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).

Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. Learn more about cookies on the Free Privacy Policy website article.

We use both Session and Persistent Cookies for the purposes set out below:

Necessary / Essential Cookies

Type: Session Cookies

Administered by: Us

Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

Cookies Policy / Notice Acceptance Cookies

Type: Persistent Cookies

Administered by: Us

Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

Functionality Cookies

.

Type: Persistent Cookies

Administered by: Us

Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

To provide and maintain our Service, including to monitor the usage of our Service.

To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.

For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.

To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.

To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.

To manage Your requests: To attend and manage Your requests to Us.

For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.

For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.

We may share Your personal information in the following situations:

With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.

For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.

With Affiliates:We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.

With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.

With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.

With Your consent: We may disclose Your personal information for any other purpose with Your consent.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Delete Your Personal Data

You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You.

Our Service may give You the ability to delete certain information about You from within the Service.

You may update, amend, or delete Your information at any time by signing in to Your Account, if you have one, and visiting the account settings section that allows you to manage Your personal information. You may also contact Us to request access to, correct, or delete any personal information that You have provided to Us.

Please note, however, that We may need to retain certain information when we have a legal obligation or lawful basis to do so.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

Comply with a legal obligation Protect and defend the rights or property of the Company Prevent or investigate possible wrongdoing in connection with the Service Protect the personal safety of Users of the Service or the public Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Children’s Privacy

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the “Last updated” date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, you can contact us:

By email:redd@coast2coastml.com

By phone number: (888) 456-9796

By mail: 9050 Cypress Green Drive #403, Jacksonville, FL 32256

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