Terms of Use

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Agreement between User and www.livetricoastal.com

Welcome to www.livetricoastal.com. The www.livetricoastal.com website (the "Site") is comprised of various web pages operated by TriCoastal LLC ("TriCoastal"). www.livetricoastal.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.livetricoastal.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.


Acceptance of Terms of Use

These Terms of Use (“Terms”) constitute an agreement between you (“you” or the “user”) and TriCoastal LLC and its affiliates or assigns (collectively, “TriCoastal,” “we,” “us” or “our”).  By accessing our platforms through which services may be provided, or by posting on our blog or social media, (the “Platform”), you signify that you have read, understand, and agree to be bound by these Terms.  The Platform may be accessible via websites or applications, whether owned and/or operated by us or third parties, including without limitation, through our website at http”//livetricoastal.com and any of our related applications.  Please read these Terms carefully.  You should print a copy of these Terms for your records.



Description of Services provided by TriCoastal LLC

  1. Subject to the terms and conditions herein, you may register either as a Member or as an Real Estate Agent (Includes Agent, Property Manager, Developer, or Flipper). We enable our registered users (“Members”) to communicate with registered real estate agents (“Agents”) and other Members for the purpose of enabling Members to co-acquire real estate properties listed on our Site (“Listing”) by such Agents. Members can communicate with other Members for the purpose of establishing an interest in co-owning real estate (“Co-Buy Groups”).
  2. We also allow Agents to sign up for our Service to create a listing. Once an Agent set up a profile on the Site, we will have a referral agreement between the Agent's brokerage with TriCoastal [link to referral agreement]. There are two types of broker partnerships at TriCoastal. For Agent receives a TriCoastal referral, after a real estate deal is closed , the escrow agent will send a check OR wire transfer to TriCoastal as instructed in the escrow agreement; For Agent send a buyer referral at TriCoastal,  after a real estate deal is closed , agent will receive a check OR wire transfer from TriCoastal as instructed in the referral agreement.
  3. We do not create, manage or offer Listings. We do not create or control any Co-Buy Groups. We do not have control over, and take no responsibility for, any activities that concern any business transactions or otherwise that may result from the communications through our Site or Services between Members and/or Agents.
  4. We facilitate the contact between the Members and Agents, but do not enter into a real estate agreement with Members or Agents.  Other than the Terms of Use and the Privacy Policy, we do have agreement with any Agent. We do not sell real estate to Members or Agents. Any real estate transaction or payment thereof must be entered into through a contract between the interested parties outside TriCoasatal’s Site and Services.  
  5. We do not provide payment services as part of our Services to our Members.  Payment services are provided by a Third-Party service provider. When you use Third-Party payment services you must comply with their Terms of Use. Our Third-Party provider for payment services is Stripe Inc.  [https://stripe.com/legal/end-users] .

Terms for the Co-Buy Groups

  1. Co-Buy Group can be formed to communicate with other Members for the purpose of establishing an interest in co-owning real estate. Any Member can join a Co-Buy Group by selecting a single Listing who meets financial and background criteria, and completes non-refundable application payment and acknowledges CoHome Service Agreement (Link to CoHome Service Agreement). Each Co-Buy Group must automatically include an Agent selected from our application’s database.
  2.  Once a Co-Buy Group is finalized other Members will be notified on the new Co-Buy Group. Any Member may be provided more information from the group room such as member, agent, property information and legal documents information,  and more listings via home page,  thus may also  join up to three Co-Buy Groups until any participating deal is closed.

  1. Each Member [or Agent] participating in a Co-

Buy Group is responsible for maintaining good community practices in such Group, including maintaining civility and promoting safety among the fellow users in the Group.


Electronic Communications

Visiting www.livetricoastal.com or sending emails to TriCoastal constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.


Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that TriCoastal is not responsible for third party access to your account that results from theft or misappropriation of your account. TriCoastal and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.


Children Under Thirteen

TriCoastal does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.livetricoastal.com only with permission of a parent or guardian.


Links to Third Party Sites/Third Party Services

www.livetricoastal.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of TriCoastal and TriCoastal is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. TriCoastal is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TriCoastal of the site or any association with its operators.

Certain services made available via www.livetricoastal.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the

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www.livetricoastal.com domain, you hereby acknowledge and consent that TriCoastal may share such information and data with any third party with whom TriCoastal has a contractual relationship to provide the requested product, service or functionality on behalf of www.livetricoastal.com users and customers.

Some Services and parts of our Site are available to you only after you register an account with us either as a Member or Agent. Joining a co-buy group may be subject to   completing a criminal and financial verification and credential information meeting eligibility criterias. You can learn more about criminal and financial background check here [https://stripe.com/legal/financial-connections]


No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.livetricoastal.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to TriCoastal that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of TriCoastal or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. TriCoastal content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of TriCoastal and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of TriCoastal or our licensors except as expressly authorized by these Terms.


International Users

The Service is controlled, operated and administered by TriCoastal from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the TriCoastal Content accessed through www.livetricoastal.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.


Indemnification

You agree to indemnify, defend and hold harmless TriCoastal, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. TriCoastal reserves the right, at its own cost, to assume the exclusive defense and control of any matter

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otherwise subject to indemnification by you, in which event you will fully cooperate with TriCoastal in asserting any available defenses.


Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.


Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and TriCoastal agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.


Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TRICOASTAL LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

TRICOASTAL LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS

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IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. TRICOASTAL LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRICOASTAL LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TRICOASTAL LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.


Termination/Access Restriction

TriCoastal reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and TriCoastal as a result of this agreement or use of the Site. TriCoastal's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of TriCoastal's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by TriCoastal with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

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Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and TriCoastal with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and TriCoastal with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.


Changes to Terms

TriCoastal reserves the right, in its sole discretion, to change the Terms under which www.livetricoastal.com is offered. The most current version of the Terms will supersede all previous versions. TriCoastal encourages you to periodically review the Terms to stay informed of our updates.


Contact Us

TriCoastal welcomes your questions or comments regarding the Terms:

TriCoastal LLC

2108 N ST STE N Sacramento, California 95816

Email Address: livetricoastal@proton.me

Telephone number: 4155155455

Effective as of October 26, 2023