Terms of Use
1. Agreement to these terms
These Terms of Use govern your use of freshcoastdata.com (the "Site"). The Site is operated by Wayleave, Inc., a Delaware corporation, which does business as Fresh Coast Data ("Wayleave," "Fresh Coast Data," "we," "us"). By using the Site, you agree to these terms. If you do not agree, please do not use the Site. Wayleave, Inc. is our legal name, and "Fresh Coast Data" is the name we use publicly.
2. What the Site is
The Site provides general information about our services for businesses that may wish to license business records to companies that develop artificial intelligence. Depending on the transaction, we may act as an intermediary that connects businesses with prospective buyers of data, or as a licensee, buyer or reseller that licenses or buys data from a business and relicenses or resells it to others, which may be at a different price. We may also process or host data, directly or through service providers, or operate a data marketplace. The role we take may vary from one transaction to another. The Site is not an offer to buy, sell or license anything, and using it does not create a client, agency, fiduciary or other relationship with us.
Where we license data directly, we may license, sublicense or resell the same data, or derived, de-identified versions of it, to more than one buyer, as permitted by our agreement with the business. Unless a written agreement says otherwise, these licenses are non-exclusive.
Any engagement with Fresh Coast Data requires a separate written agreement signed by both parties. That agreement will set out our role in the transaction (for example, whether we are connecting a business with a buyer or licensing its data ourselves), the prices involved, and the rights and obligations of each party. Businesses do not pay us upfront. How we are paid depends on the transaction and is described in the applicable written agreement. We may be paid by buyers, or by a fee or commission on a transaction, as set out in that agreement. If that agreement conflicts with these terms, the agreement controls.
3. No guarantee of results
Examples, estimates and statements on the Site or in our communications about what business records may be worth are illustrative only. Actual demand, pricing and terms depend on many factors, including buyer interest and the type, volume and quality of the records. We do not guarantee that a buyer or licensee will be found, that any transaction will close, or that any particular amount will be paid.
4. Not professional advice
Fresh Coast Data is not a law firm and does not act as your attorney or adviser. Nothing on the Site or in our communications with you is legal, tax, accounting, financial or privacy advice. Have your own attorney review any agreement before you sign it, and consult your own advisers before entering into any transaction. That includes advice about your right to share business records and your obligations to employees, customers and other third parties whose information may appear in them.
5. Who may use the Site
The Site is intended for business use by people who are at least 18 years old. If you use the Site on behalf of a company, you confirm that you are authorized to do so.
6. Acceptable use
You agree not to:
- use the Site in violation of any law;
- attempt to gain unauthorized access to the Site or its systems, or interfere with their operation or security;
- bypass or disable any security, rate-limiting or access control on the Site;
- scrape, crawl, copy or harvest content or contact information from the Site by automated means, including to build a database or to train or improve an artificial intelligence or machine learning model;
- frame or mirror the Site, or reverse engineer any part of it, except as the law expressly allows;
- introduce viruses or other malicious code, or overload the Site with excessive requests;
- send unsolicited bulk messages using contact information found on the Site;
- submit false, misleading or unlawful information through the Site or our scheduling tools;
- misrepresent your identity or your affiliation with any company; or
- use the Site to compete with us, or to help anyone else do so.
We may investigate suspected violations and block access to anyone we believe has broken these rules.
7. Information you send us
Please do not send us business files, datasets, confidential information or other people's personal information through the Site or by email unless a written agreement is in place that covers it. When you do share information with us, you confirm that you have the right to share it. Our Privacy Policy explains how we handle personal information.
8. Intellectual property and third-party marks
The Site and its content, including text, design and the Fresh Coast Data name and logo, are owned by Wayleave, Inc. or its licensors and are protected by copyright, trademark and other intellectual property laws. All rights not expressly granted in these terms are reserved.
We give you a limited, revocable, non-exclusive, non-transferable permission to view and print pages of the Site for your own internal business use. You may not otherwise copy, modify, republish, distribute, sell or create derivative works from the Site or its content without our written permission. You may not use the Fresh Coast Data name or logo, or anything confusingly similar, in any way that suggests we sponsor or endorse you.
If you send us ideas, suggestions or feedback about the Site or our services, we may use them freely without any obligation to you. This does not apply to business records or other materials you share with us under a written agreement, which that agreement governs.
Product names and logos of other companies that appear on the Site, such as those of software tools where business records are commonly kept, are trademarks of their respective owners. We use them only to identify those products. Their use does not imply any affiliation with, sponsorship by or endorsement from those companies.
9. Third-party services
The Site links to services operated by others, such as our scheduling provider. We are not responsible for those services, and your use of them is governed by their own terms and policies.
10. Disclaimers
THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. THESE INCLUDE ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE.
11. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WAYLEAVE, INC. (DOING BUSINESS AS FRESH COAST DATA) AND ITS AFFILIATES, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SITE, ITS CONTENT OR ANY ESTIMATE OR STATEMENT MADE ON IT, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you; in that case, our liability is limited to the fullest extent the law allows. This section does not limit liability under any separate written agreement, which is governed by its own terms.
12. Indemnification
You agree to defend, indemnify and hold harmless Wayleave, Inc. (doing business as Fresh Coast Data) and its owners, employees and agents from any claims, losses and expenses, including reasonable attorneys' fees, arising from your misuse of the Site or your violation of these terms.
13. Governing law and disputes
These terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Any dispute relating to the Site will be brought exclusively in the state or federal courts located in California, and you consent to their jurisdiction.
14. Changes and termination
We may update or change these Terms at any time, at our sole discretion. Changes take effect when posted, and the effective date above shows when this page was last updated. Your continued use of the Site after changes are posted means you accept the updated terms. We may suspend or restrict access to the Site at any time.
15. General
If any part of these terms is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. These terms, together with our Privacy Policy, are the entire agreement between you and us about the Site.
16. Contact us
Wayleave, Inc., doing business as Fresh Coast Data
1 E Erie St, Suite 525-2901, Chicago, IL 60611
info@freshcoastdata.com