1. Acceptance of Terms
The Certified Code website (including all content, features, and functionality available through the website) is owned and operated by Adaptable Co. LLC. ("Certified Code", "us", "we"). These Terms of Service (the "Terms") govern your access to and use of the Certified Code website, including any content, features, or functionality available through the website. BY ACCESSING OR USING THE CERTIFIED CODE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE CERTIFIED CODE WEBSITE.
2. Modification of Terms
We reserve the right, in our sole discretion, to modify or replace these Terms at any time by posting the revised Terms on the Certified Code website. Your continued use of the Certified Code website following the posting of any changes to these Terms constitutes your acceptance of those changes. If you do not agree to the modified Terms, you should discontinue your use of the Certified Code website.
3. Certification and Training Services
The Certified Code website offers a variety of certification and training services (the "Services"). The specific details regarding each type of Service are set forth on the individual Service pages of the Certified Code website. Unless otherwise expressly stated in writing, all Services are provided "as is" without warranty of any kind, either express or implied.
4. Subscription Services
Certain of the Services offered by Certified Code are subscription-based (the "Subscription Services"). The specific terms and conditions governing your use of each Subscription Service are set forth in a separate agreement between you and Certified Code (the "Subscription Agreement"). You must agree to the terms of the applicable Subscription Agreement before you can access or use the Subscription Service. If you do not agree to the terms of the Subscription Agreement, you will not be able to access or use the Subscription Service.
5. Fees and Payment
You are responsible for all fees associated with your use of the Certified Code website, including any applicable taxes. All fees are payable in U.S. dollars, and you agree to provide Certified Code with a valid credit card or other payment method acceptable to Certified Code. You hereby authorize Certified Code to charge your credit card or other payment method for all fees associated with your use of the Certified Code website. If you fail to timely pay any fees due, you agree that Certified Code may (in its sole discretion) terminate your access to the applicable Service and/or take any other actions set forth in these Terms or the Subscription Agreement.
6. User Accounts
In order to access and use certain features of the Certified Code website, you must create an account and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all information you submit is accurate and complete; (b) you will maintain the accuracy and completeness of such information; and (c) your use of the Certified Code website does not violate any applicable laws or regulations. You are responsible for safeguarding your account password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify Certified Code of any unauthorized use of your account.
7. User Content
The Certified Code website may permit users to post, upload, publish, submit, transmit, or otherwise make available (collectively, "post") content, including but not limited to text, photos, videos, and audio (collectively, "User Content"). You retain all ownership rights in your User Content. However, by posting User Content on or through the Certified Code website, you hereby grant Certified Code a worldwide, non-exclusive, royalty-free license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Certified Code website and Certified Code's (and its successors' and affiliates') business. You also hereby grant each user of the Certified Code website a non-exclusive license to access your User Content through the Certified Code website and to use it for their personal non-commercial purposes.
8. Prohibited User Conduct
The following is a non-exhaustive list of the types of conduct that are prohibited on the Certified Code website. Certified Code reserves the right to investigate and take appropriate legal action against anyone who, in Certified Code's sole discretion, violates this provision, including without limitation, removing the offending User Content from the Certified Code website and terminating or suspending the account of such violators.
a. Posting any User Content that: (i) infringes, misappropriates or violates a third party's intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) promotes illegal drugs, alcohol or tobacco; (viii) violates these Terms.
b. Posting any User Content that you do not have a right to post under any law or under contractual or fiduciary relationships.
c. Posting any User Content that contains viruses or other computer code designed to interrupt, destroy or limit the functionality of the Certified Code website.
d. Interfering with the operation of the Certified Code website in any way.
e. Creating a false identity on the Certified Code website.
f. Posting any User Content that you know is not true.
9. Linking to the Certified Code Website
You may link to the home page of our website, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
10. Third Party Websites and Content
The Certified Code website may contain links to websites and content owned or operated by third parties (the "Third Party Content"). Such Third Party Content is not under the control of Certified Code, and Certified Code is not responsible for any Third Party Content. You acknowledge that Certified Code will not be liable for any loss or damage of any sort incurred as a result of any dealings with such Third Party Content or as a result of the presence of such Third Party Content on the Certified Code website.
11. Disclaimer of Warranties
THE CERTIFIED CODE WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR ACCESSIBLE FROM THE CERTIFIED CODE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, CERTIFIED CODE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
CERTIFIED CODE DOES NOT WARRANT THAT: (A) THE CERTIFIED CODE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) THE CERTIFIED CODE WEBSITE WILL BE SECURE OR FREE OF VIRUSES, MALWARE OR OTHER HARMFUL CODE; (C) THE INFORMATION ON THE CERTIFIED CODE WEBSITE WILL BE ACCURATE, RELIABLE, COMPLETE OR TIMELY; OR (D) ANY DEFECTS OR ERRORS IN THE CERTIFIED CODE WEBSITE WILL BE CORRECTED.
12. Limitation of Liability
IN NO EVENT SHALL CERTIFIED CODE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTENT PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE CERTIFIED CODE WEBSITE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES.
You agree to indemnify and hold Certified Code and its officers, directors, employees and agents harmless from any claim or demand (including reasonable legal fees) made or incurred by any third party due to or arising out of: (a) your use of the Certified Code website in violation of these Terms; (b) your User Content; or (c) your violation of any law or the rights of a third party.
Certified Code reserves the right, in its sole discretion, to terminate your access to all or part of the Certified Code website at any time, with or without notice, for any reason. If you violate these Terms, your permission to use the Certified Code website automatically terminates. Upon termination, you must destroy all materials obtained from the Certified Code website and all copies thereof, whether made under these Terms or otherwise.
15. Choice of Law and Arbitration
Except as expressly provided in Section 16 (Intellectual Property Disputes), these Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
Any dispute arising out of or relating to these Terms or the Certified Code website shall be finally settled by arbitration in San Francisco, California, in accordance with the Streamlined Arbitration Rules and Procedures of JAMS then in effect, provided that to the extent any such dispute must perforce be brought in a court having jurisdiction, such dispute shall be brought exclusively in state or federal court in San Francisco, California. The arbitral tribunal may award injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by that party's individual claim before the arbitral tribunal. Notwithstanding anything else in this agreement to arbitrate disputes, claims of infringement or misappropriation of Certified Code's or any third party's patent, copyright, trademark or trade secret shall not be subject to arbitration but may only be brought in a court having jurisdiction.
16. Intellectual Property Disputes
Certified Code respects the intellectual property rights of others and asks that users of our website do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Certified Code website; (iv) your address, telephone number and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent for notice of claims of copyright infringement can be reached as follows:
By email: [email protected]
These Terms constitute the entire agreement between you and Certified Code with respect to your use of the Certified Code website and supersede all prior or contemporaneous communications, agreements and proposals, whether oral, written or electronic, between you and Certified Code with respect to the Certified Code website. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable for any reason whatsoever, the validity and enforceability of any remaining provisions shall not in any way be affected or impaired thereby. The failure of Certified Code to act on or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision in these Terms. No waiver shall be effective against Certified Code unless made in writing signed by an authorized representative of Certified Code. These Terms are not assignable, transferable or sublicensable by you except with our prior written consent. Certified Code may assign these Terms at any time without notice or consent. Nothing contained in these Terms shall confer upon any person any third-party beneficiary rights. Notwithstanding anything to the contrary contained herein, for all purposes under these Terms, you and Certified Code shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You hereby agree that these Terms will not be construed against Certified Code by virtue of having drafted them.
These Terms and the relationship between you and Certified Code shall be governed by and construed in accordance with the laws of the State of California without regard to principles of conflicts of law. You agree that any claim or dispute you may have against Certified Code must be resolved exclusively by a state or federal court located in San Francisco, California; provided, however, nothing herein shall prevent either party from seeking injunctive relief in any court having jurisdiction over the parties. The United Nations Convention on Contracts for the Sale of Goods does not apply to these Terms.
18. Contact Information
If you have any questions about these Terms or our website, please contact us at: [email protected]. Thank you for visiting our website!