Terms of Service

Welcome!

We’re thrilled that you decided to use Coastline’s products and services, which include our apps, driver training, drivers education course, and website, all of which we will just call the “Services”. We work hard to provide a great experience for you, including these very words, so we’re so glad that you are reading this.

We wrote these Terms of Service (which we will call the “Terms” below) to explain the rules that govern our relationship with you. As part of our commitment to building a great relationship with you, we’ve done our best to use plain English in these Terms. There is still some legalese throughout though, and for good reason: these Terms form a legally binding contract between you and Coastline. Throughout these Terms, we’ll use words like “we”, “us”, “our”, “Coastline”, “Coastline Automation”, “Coastline Academy” etc., which refer to Coastline East, LLC.: DBA Coastline Academy, a corporation registered in Delaware, and licensed by the Department of Education to provide driver training in Pennsylvania.

In addition to these Terms, you also need to agree to our approach to Privacy. We’ve outlined that approach in our Privacy Notice, which we ask you kindly to read as well.

By using the Services, you are agreeing to the Terms. If you don’t agree with these terms, then do not use the Services.

One more thing before we jump into it - THESE TERMS INCLUDE AN ARBITRATION CLAUSE. That means both you and Coastline waive the right to go to court or file class actions in most cases. You should seriously read section 12 and make sure you are okay with it.

1. Who can use the Services

The Services are meant for people who are old enough to legally hold a driver’s license or permit. That said, you can’t be under the age of 13 and use the Services. If we find out that you are, we’ll have to cancel your account, sorry.

By using the Services, you state that:

- You can form a binding contract with Coastline - You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.

If you are using the Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity.

2. Your Safety

Driving a vehicle is a dangerous activity, and our goal is to make it more safe. Driving is especially dangerous if you are distracted by a mobile device. One feature of our app is to log your drive. Start your log before getting in the car and then put your phone in the trunk, glovebox, or other place where it will not be a distraction to you. Do not use the Coastline app in any way that could be distracting to you while driving.

3. Payments and Refunds

If you sign up for a paid product or service, you agree to pay us the fees listed.

Driving lessons are pre-paid, meaning you pay for one or more lessons at the time of booking. After you make the payment, your account will have credit for the number of lesson hours included in the package you purchased, for example, 2 hours for a single lesson or 6 hours for a package of three lessons. You may use the credits to book lessons any time for a twelve month period. Any remaining, un-used lesson hours in your account expire after 12 months. When un-used lesson credits expire, you may re-purchase those lessons at a discounted price of $60 per 2-hour lesson. The discount only applies to un-used lessons that expired after 12 months and not as a result of cancellation fees, change fees, no-show fees, or other fees incurred. Additional lessons may be purchased at full price.

Refunds are available for six (6) months from the date of purchase. If, during this time, you want your remaining balance refunded, please email hello@coastlineacademy.com. The packages that include multiple lessons generally cost less than buying each lesson individually. To calculate the refund amount for any unused portion of a package, we take the amount you paid and deduct the then-current full cost of any lessons you took. The end result is intended to be the same as if you were to have purchased each lesson taken at the time they were taken. That means that if you bought a package of three lessons and took two, the refund for the third lesson may be less than 33% of the package price. By way of example, if a package of 3 lessons was purchased for $550, and two lessons were taken, each valued at $200, then the refund for the third lesson would be $150. We will initiate the refund to your original method of payment within 1 business day. Refunds may take several days to be reflected on your credit card.

4. Cancellations and Re-bookings

One of the ways we create a great experience for instructors is helping them manage an efficient schedule. At the same time, we get that life gets in the way sometimes, and it’s important to us that we are able to provide as much flexibility as possible for students. We believe that the best balance is achieved by providing total flexibility for you to cancel or rebook lessons 2 days or more prior to your lesson, and charge a cancellation or change fee within 2 days. The cancellation or change fees are as follows:

• Changes or cancellations made at least 48 hours prior to the lesson start: free
• Changes or cancellations made between 48 hours and 1 hour prior of the lesson start: $40
• Within one hour, no shows, or changes or cancellations made after the lesson start: full lesson price

5. Changes to the Terms

Our business is evolving, and that means we need to be able to make changes from time to time. We may, at our sole discretion change or replace parts of these Terms. Although we may attempt to notify you when major changes are made to these Terms, you should check back from time to time to see if anything has changed. Continuing to use the Services after we make changes means you accept those changes. At some point, we will likely offer new services and/or features, and those will be subject to these Terms too.

6. Termination

We work tirelessly to improve our Services and are creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.

While we hope you use Coastline for life, you can terminate these Terms at any time and for any reason by requesting that we delete your account.

7. Guarantee, Disclaimer of Warranties

7.1 Disclaimer of Warranties.Except as described in 7.2, The Services are provided "as is". You acknowledge that the Services, currently offered are in active development. There may be errors, bugs, inaccuracies, or other problems, and may not be fully functional.

To the fullest extent allowable by applicable law, we and our suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Coastline nor its suppliers and licensors make any warranty that the Services will work perfectly or that access thereto will be continuous or uninterrupted. You understand that you use the Services at your own discretion and risk.

7.2 Coastline Guarantee. We believe in our instructors and are confident that you will have an excellent experience learning to drive with us. If for any reason you are unsatisfied with the lesson you receive, we will make it right. Please let us know that the lesson didn't meet your expectations, and we can redo your lesson either with the same instructor or a different one, at your option. If you prefer, you may instead get a refund for the lesson. The refund or redo is limited to the most recently received lesson, so please let us know as soon as possible after your lesson if there is anything we can do better.

8. Limitation of Liability

In no event will Coastline, or its suppliers or licensors, be liable with respect to any subject matter of these Terms under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Coastline under these Terms during the twelve (12) month period prior to the cause of action. Coastline shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

9. General Representation and Warranty

You represent and warrant that (i) your use of the Services will be in strict accordance with the Coastline Privacy Notice, with these Terms and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Services will not infringe or misappropriate the intellectual property rights of any third party.

10. Indemnification

You agree to indemnify and hold harmless Coastline, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Services, including but not limited to your violation of these Terms.

11. Choice of Law

Except to the extent applicable law, if any, provides otherwise, these Terms and any access to or use of the Services will be governed by the laws of California, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in California.

12. Dispute Resolution and Arbitration

12.1.Generally.In the interest of resolving disputes between you and Coastline in the most expedient and cost effective manner, and except as described in Section 12.2, you and Coastline agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND COASTLINE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

12.2.Exceptions.Despite the provisions of Section 12.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

12.3.Arbitrator.Any arbitration between you and Coastline will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Coastline. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.12.4. Notice of Arbitration; Process.A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Coastline's address for Notice is: Coastline Automation, Inc., 371 Ridge Way, Carmel Valley, CA 93924. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Coastline may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Coastline must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Coastline in settlement of the dispute prior to the arbitrator’s award, Coastline will pay you the highest of the following: (i) the amount awarded by the arbitrator; or (ii) attorney’s fees incurred by you.

12.5.Fees.If you commence arbitration in accordance with these Terms, Coastline will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Monterey County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Coastline for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

12.6.No Class Actions.YOU AND COASTLINE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Coastline 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.

12.7.Modifications to this Arbitration Provision.If Coastline makes any future change to this arbitration provision, other than a change to Coastline's address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Coastline's address for Notice of Arbitration, in which case your account with Coastline will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

12.8.Enforceability.If Section 12.6 is found to be unenforceable or if the entirety of this Section 13 is found to be unenforceable, then the entirety of this Section 13 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section titled “Choice of Law” will govern any action arising out of or related to these Terms.

13. Severability

If any part of these Terms are held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

14. Final Terms

You may assign your rights under these Terms to any party that consents to, and agrees to be bound by, its terms and conditions; Coastline may assign its rights under these Terms without condition. These Terms will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

These Terms, along with our Privacy Notice constitutes the entire agreement between Coastline and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Coastline, or by the posting by Coastline of a revised version.

15. Conclusion

Congratulations, you made it to the end! We appreciate you taking the time to read these Terms, and for using our Services. We look forward to providing the best experience we can. If you have any questions or concerns about what you’ve just read, please reach out to us at privacy@coastlineacademy.com. Thank you, from all of us here at Coastline.