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This Terms of Use Agreement ("Agreement") describes the legally binding terms for your use of the Code.com Website and related Code.com services. By using the Code.com website and related services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Code.com Website and its content) or you are a "Member" (which means that you have registered with Code.com to receive additional services). In this Agreement, the term "User" refers to both a Visitor and a Member. You are authorized to use the Code.com Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully. You will be asked to indicate your acceptance during the Member registration process. Even if you do not become a Member, or use customized services, as a Visitor to the Code.com web site you are covered by this Agreement.
Code.com may modify this Agreement occasionally and such modification shall be effective upon posting by Code.com on the Website. You agree to be bound to any changes to this Agreement when you use the Code.com Website or Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Code.com.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the Code.com Services at any time, for any or no reason, with or without prior notice, and without liability. Code.com expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of Code.com Services if Code.com determines, in its sole discretion, that you pose a threat to Code.com and/or its Users.
Eligibility. Use of and Membership in the Code.com Services is void where prohibited. By using the Code.com Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Code.com Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age.
Term. This Agreement shall remain in full force and effect while you use the Code.com Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. Code.com.com may terminate your Membership at any time, without warning.
Password. When you register to become a Member, you will choose a personal and confidential password. Maintaining the confidentiality of your password is your responsibility. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Code.com.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Non-commercial Use by Members. The Code.com Services are only for personal use and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Code.com. Illegal and/or unauthorized use of the Code.com Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Code.com Website is prohibited. Appropriate legal action will be taken for any illegal or unauthorized use of the Code.com Services.
Proprietary Content and Content That You Post on Code.com.
The Code.com Services contain Content that is proprietary and not for re-use. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Code.com Services. Code.com.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Code.com.com Content (excluding any software code) solely for your personal use in connection with viewing the Code.com Website and using the Code.com Services.
You represent and warrant that: (i) you own any Content that is posted by you on the Website, and (ii) the posting of your Content on or through the Code.com Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. Code.com.com may delete any Content that in the sole judgment of Code.com.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Code.com.com assumes no responsibility for monitoring the Code.com Services for inappropriate Content or conduct.
Code.com.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content of the Website or any material or information that you receive as part of Code.com Services
Privacy. Use of the Code.com Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
Disclaimers. Code.com.com is not responsible for any incorrect or inaccurate Content posted on the Code.com Website or in connection with the Code.com Services, whether caused by Users of the Code.com Services or by any of the equipment or programming associated with or utilized in the Code.com Services. Entries and Reviews on the Code.com Website may contain links to other websites. Code.com.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Code.com. Inclusion of any linked website on the Code.com Services does not imply approval or endorsement of the linked website by Code.com. When you access these third-party sites, you do so at your own risk.
Code.com.com takes no responsibility for third party advertisements that are posted on this Code.com Website or through the Code.com Services, nor does it take any responsibility for the goods or services provided by its advertisers. Code.com. is not responsible for the conduct, whether online or offline, of any User of the Code.com Services. Code.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Code.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Code.com Services or combination thereof, including any injury or damage to Users or to any person's computer or mobile device related to or resulting from participation or downloading materials in connection with the Code.com Services. Under no circumstances shall Code.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Code.com Services. The Code.com Services are provided "AS-IS" and as available and Code.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Code.com cannot guarantee and does not promise any specific results from use of the Code.com Services.
Limitation on Liability. IN NO EVENT SHALL CODE.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF CODE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CODE.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CODECOM FOR THE CODE.COM SERVICES DURING THE TERM OF MEMBERSHIP.
Disputes. If there is any dispute about or involving the Code.com Services, you agree that the dispute shall be governed by the laws of the Commonwealth of Massachusetts, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in Boston, Massachusetts.
Indemnity. You agree to indemnify and hold Code.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Code.com Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Code.com Website or through the Code.com Services causes Code.com to be liable to another.
Other. This Agreement is accepted upon your use of the Code.com Website or any of the Code.com Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Code.com regarding the use of the Code.com Services. The failure of Code.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Code.com is a trademark of CodeConnect, LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.