The Codequiry website, located at www.codequiry.com, is a copyrighted work belonging to Codequiry, LLC. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
These Terms of Use describe the legally binding terms and conditions that oversee your use of the Site. By logging into the Site, you agree to comply with these Terms and represent that you have the authority and capacity to enter into these Terms. You must be at least 18 years of age to access the Site. If you disagree with any provisions of these Terms, do not log into and/or use the Site. These terms require the use of arbitration (Section 10.2) on an individual basis to resolve disputes and limit the remedies available to you in the event of a dispute.
1. Access to the Site
Permission is granted to temporarily download one copy of the materials (information or software) on Codequiry's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- Modify or copy the materials;
- Sell, rent, lease, lend, sublicense, distribute, or otherwise transfer or provide access to the Service to any person, firm, or entity except as expressly authorized by Codequiry, or access the Service to build a competing service or product;
- Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- Attempt to decompile or reverse engineer any software contained on Codequiry's website;
- Remove any copyright or other proprietary notations from the materials;
- Transfer the materials to another person or "mirror" the materials on any other server;
- Attempt to gain unauthorized access to the Service or its related systems or networks; or
- Introduce viruses, Trojan horses, worms, spyware, or other malicious code into the Service.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Codequiry at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
2. Customer Responsibilities
The Customer:
- Is solely responsible for all activities arising from its Users, and
- Must keep its passwords secure and confidential, and notify Codequiry promptly of any known or suspected unauthorized access to the Service.
Customers will comply with the Codequiry Terms of Service and any other instructions given with respect to the Service.
3. Certain Restrictions
The rights granted to you in these Terms are subject to the following restrictions:
- You shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site;
- You shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site;
- You shall not access the Site in order to build a similar or competitive website;
- Except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means.
Any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies thereof.
4. Changes to the Site
Codequiry reserves the right to change, suspend, or cease the Site with or without notice to you. You agree that Codequiry will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part.
5. Refund Policy
All sales are final. Codequiry operates on a fully automated billing system, ensuring that there are no bugs or errors in the processing and cancellation of subscriptions. As such, we do not offer refunds under any circumstances.
Customers are responsible for managing their subscriptions and must cancel within the three-day free trial period to avoid being charged for the full month. If you forget to cancel your subscription and it results in a charge, you agree to pay for the full month's subscription fee. No refunds will be issued for any reason, including accidental purchases, failure to cancel on time, or any other circumstances.
Any dispute or chargeback attempt related to the subscription fee will result in the immediate and permanent termination of your access to the Codequiry platform. By creating an account on our service, you agree to these terms and acknowledge that Codequiry will not be held responsible for any misunderstandings or oversight regarding the cancellation and billing process.
6. Data Security
The security of your information is important to Codequiry. Codequiry takes reasonable administrative, physical, and electronic measures designed to protect you from unauthorized access, use, or disclosure of the information that we collect from you. You agree to:
- Keep your Codequiry password and API Key secure and strictly confidential;
- Notify us immediately and reset your password or API Key if you believe your password or API Key may have become known to an unauthorized person;
- Notify us immediately if you are contacted by anyone requesting your Codequiry password or API Key, other than from an official corporate email;
- Indemnify and hold harmless Codequiry from and against any and all liabilities arising in any way from the access to the Site by persons to whom you have provided your Codequiry password or API Key.
In addition, you are responsible for your information technology infrastructure, including computers, servers, software, databases, electronic systems, and networks, whether operated by you or through the use of third-party services.
7. General Compliance
You agree to abide by all applicable local, state, national, and international laws and regulations in connection with using the Services, including, without limitation, all laws regarding the transmission of technical data exported from the United States through the Services and all privacy and data protection laws, rules, and regulations.
8. Third-Party Access
Some third parties may have incidental access to your information. Codequiry works with other companies to provide information technology services to users of the Services. These companies may have access to Codequiry databases, but only for the purposes of providing service to Codequiry. For example, a third party (such as AWS) may obtain access to your information to update database software.
9. Data Security Disclaimer
Please be aware that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information. Codequiry shall have no liability to you for any unauthorized access, use, corruption, or loss of any of your information, except to the extent that such unauthorized access, use, corruption, or loss is due solely to Codequiry's gross negligence or misconduct.
10. No Support or Maintenance
You agree that Codequiry will have no obligation to provide you with any support in connection with the Site.
11. Intellectual Property Rights
Excluding any User Content that you may provide, you acknowledge that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Codequiry or Codequiry’s suppliers. These Terms and access to the Site do not give you any rights, title, or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 2.1. Codequiry and its suppliers reserve all rights not granted in these Terms.
12. Third-Party Links & Ads; Other Users
Third-Party Links & Ads
The Site may contain links to third-party websites and services, and/or display advertisements for third parties. Such Third-Party Links & Ads are not under the control of Codequiry, and Codequiry is not responsible for any Third-Party Links & Ads. Codequiry provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.
Other Users
Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that Codequiry will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved. You hereby release and forever discharge Codequiry and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site. If you are a California resident, you hereby waive California Civil Code section 1542 in connection with the foregoing, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
13. Cookies and Web Beacons
Like any other website, Codequiry uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.
14. Google DoubleClick DART Cookie
Google is a third-party vendor on our site. It uses cookies, known as DART cookies, to serve ads to our site visitors based on their visit to www.codequiry.com and other sites on the internet. However, visitors may choose to decline the use of DART cookies by visiting the Google ad and content network Privacy Policy at the following URL – https://policies.google.com/technologies/ads
15. Our Advertising Partners
Some advertisers on our site may use cookies and web beacons. Our advertising partners are listed below. Each of our advertising partners has their own Privacy Policy for their policies on user data. For easier access, we hyperlinked to their Privacy Policies below.
16. Disclaimers
The site is provided on an "as-is" and "as-available" basis, and Codequiry and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make no guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.
17. Limitation on Liability
To the maximum extent permitted by law, in no event shall Codequiry or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or relating to these terms or your use of, or inability to use the site even if Codequiry has been advised of the possibility of such damages. Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom. To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty U.S. dollars (u.s. $50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
18. Term and Termination
Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Codequiry will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2 through 2.5, Section 3, and Sections 4 through 10.
19. Registration Obligations and Passwords
You may never use another individual User’s account without permission. In consideration of your use of the Products, you agree (a) that Your Information will be true, accurate, current, and complete, and (b) to maintain and promptly update Your Information to keep it true, accurate, current, and complete. You are responsible for safeguarding any password that you use to access the Products (including passwords used on other Codequiry products that permit single sign-on to the Products) and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your account. You agree to (a) notify Codequiry of any unauthorized use of your password or user identification and any other breach of security, and (b) ensure that you exit from your account at the end of each session.
20. Copyright Policy
Codequiry respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Site who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
- Your physical or electronic signature;
- Identification of the copyrighted work(s) that you claim to have been infringed;
- Identification of the material on our services that you claim is infringing and that you request us to remove;
- Sufficient information to permit us to locate such material;
- Your address, telephone number, and e-mail address;
- A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
21. FERPA
In the course of providing services during the term of this Agreement, Codequiry may have access to student education records via code submissions samples that are subject to the US Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g, et seq., to personal information that is subject to protections under the US Health Insurance Portability and Accountability Act (HIPAA), or to personal information that falls under the guidelines of the US Child Online Privacy Protection Act (COPPA). All such information is considered confidential and is therefore protected. To the extent that Codequiry may have access to personal information obtained from code submissions under this Agreement, we are deemed a “school official,” as defined under FERPA, or as an “operator” under COPPA (FAQs Section M1-M5). We shall not use such personal information for any purpose other than in the performance of this Agreement. Except as required by law, we will not disclose or share personal submission information with any third party unless permitted by the terms of the Agreement or to subcontractors who have agreed to maintain the confidentiality of the personal information to the same extent required of Us under this Agreement. Data is always kept secure and is only used for purposes of assisting the instructor in assessing the assignment. This reduces our chance of collecting and processing personal data.
22. Children Under 13
COPPA requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under the age of 13. Therefore, we only collect Personal Information through the Services from a child under 13 where that student’s school, district, and/or teacher has agreed (via the terms described in the Terms of Use) to obtain parental consent for that child to use the Services and disclose Personal Information to us. A parent or guardian may sign up his or her child for the Services and provide Personal Information about that child to us. However, no child under the age of 13 may send us any Personal Information unless he or she has signed up through his or her school, district, or teacher, and such school, district, or teacher has obtained parental consent for that child to use the Services and disclose Personal Information to us. If you are a student under 13, please do not send any Personal Information to us if your school, district, and/or teacher has not obtained this prior consent from your parent or guardian, and please do not send any Personal Information other than what we request from you in connection with the Services. If we learn we have collected Personal Information from a student under 13 without parental consent from his or her parent or guardian or obtained by his or her school, district, and/or teacher, or if we learn a student under 13 has provided us personal information beyond what we request from him or her, we will delete that information as quickly as possible. If you believe that a student under 13 may have provided us personal information in violation of this paragraph, please contact us at [email protected].
If you are signing up for this service and creating accounts on behalf of student(s), you represent and warrant that you are either (a) a teacher or school administrator or otherwise authorized by a school or district to sign up on behalf of students or (b) the parent of such student(s). If you are a school, district, or teacher, you represent and warrant that you are solely responsible for complying with COPPA, meaning that you must obtain advance written consent from all parents or guardians whose children under 13 will be accessing the Services. When obtaining consent, you must provide parents and guardians with these Terms and our Privacy Policy. You must keep all consents on file and provide them to us if we request them. If you are a teacher, you represent and warrant that you have permission and authorization from your school and/or district to use the Services as part of your curriculum, and for purposes of COPPA compliance, you represent and warrant that you are entering into these Terms on behalf of your school and/or district.
23. General
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.
24. Dispute Resolution
Please read this Arbitration Agreement carefully. It is part of your contract with Codequiry and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement
All claims and disputes in connection with the Terms or the use of any product or service provided by Codequiry that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and Codequiry, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution
Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Codequiry should be sent to: 18911 Hardy Oak Blvd, Suite 255. After the Notice is received, you and Codequiry may attempt to resolve the claim or dispute informally. If you and Codequiry do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.
Arbitration Rules
Arbitration shall be initiated through the American Arbitration Association, an established alternative dispute resolution provider that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time, and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that Codequiry made to you prior to the initiation of arbitration, Codequiry will pay you the greater of the award or $2,500.00. Each party shall bear its own costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration
If non-appearance-based arbitration is elected, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits
If you or Codequiry pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator
If arbitration is initiated, the arbitrator will decide the rights and liabilities of you and Codequiry, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Codequiry.
Waiver of Jury Trial
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less expensive than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Codequiry in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND CODEQUIRY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions
All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
Confidentiality
All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability
If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to Waive
Any or all the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Survival of Agreement
This Arbitration Agreement will survive the termination of your relationship with Codequiry.
Small Claims Court
Nonetheless, either you or Codequiry may bring an individual action in small claims court.
Emergency Equitable Relief
Anyhow, either party may seek emergency equitable relief before a state or federal court to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration
Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secrets shall not be subject to this Arbitration Agreement. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within New Castle County, Delaware, for such purposes.
The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Codequiry, or any products utilizing such data, in violation of the United States export laws or regulations.
Codequiry is located at the address below. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
25. Electronic Communications
The communications between you and Codequiry use electronic means, whether you use the Site or send us emails, or whether Codequiry posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Codequiry in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Codequiry provides to you electronically satisfy any legal obligation that such communications would satisfy if it were in a hard copy writing.
26. Entire Terms
These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Codequiry is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Codequiry’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Codequiry may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
27. Your Privacy
Please read our Privacy Policy.
28. Copyright/Trademark Information
Copyright ©. All rights reserved. All trademarks, logos, and service marks displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
29. Contact Information
Address: 18911 Hardy Oak Blvd, Suite 255
Email: contact(at)codequiry(dot)com