CODECAMPUS
LLC
TERMS OF
SERVICE
Last Modified: August 28, 2025
1. Scope of Terms of Service .
1.1. Terms of Service.
These terms of service ("Terms of Service") govern the access
and use of the website www.Codecampus.com, and affiliated websites, features,
services, mobile applications, products, software and other services, or any
portion thereof (collectively, the "Service"), owned or
controlled by Codecampus LLC, a California limited liability company, or its
affiliated companies ("Codecampus" or "we" or
"our" or "us"). Affiliated companies are
entities that control, are controlled by or are under common control with Codecampus.
1.2. Privacy Policy. For
information about how Codecampus collects, uses, and shares your information,
please review our privacy policy (" Privacy Policy"),
which can be found at www.Codecampus.com/privacy, and is incorporated herein by
reference. You agree that by using the Service you consent to the collection,
use, and sharing (as set forth in the Privacy Policy) of such information,
including the transfer of this information to the United States and/or other
countries for storage, processing, and use by Codecampus.
1.3. Agreement. These
Terms of Service, the Privacy Policy, and any other legal notices published by
us on the Service are, collectively, an agreement (this "Agreement")
between Codecampus and you ("You" or "your"
or "you" or a "User" or "Instructor"
or "Participant"), a user of the Service. By accessing or
using the Service you acknowledge and agree to this Agreement, including,
without limitation, these Terms of Service and the Privacy Policy. If you
choose to not agree with any of the terms of this Agreement, including, without
limitation, these Terms of Service or the Privacy Policy, you may not use the
Service.
2. Intellectual Property.
2.1. Ownership of Marks and
IP. The design, trademarks, service marks, and logos of Codecampus and the
Service (" Codecampus Marks"), are owned by or licensed
to Codecampus, subject to copyright and other intellectual property rights
under United States, foreign laws and international conventions. Except as
otherwise indicated, all copyright rights and other intellectual property
rights in the Service and its contents, including any and all Codecampus Marks,
content, data, databases, information, text, music, sound, photos, images,
graphics, audio, video, software, code, technology, methods, analyses, studies,
reports, and other intellectual property contained therein (" Codecampus
IP") are owned by or licensed to Codecampus, and protected by law,
including copyright, database, trade secret, and trademark laws of the United
States and all applicable jurisdictions, as well as other applicable state,
national, and international laws and regulations.
2.2. License. During the
term of this Agreement, Codecampus grants you a limited, non-exclusive,
non-transferable license to access the Service for your personal and
non-commercial use in accordance with these Terms of Service. Codecampus
reserves all rights not expressly granted in and to the Service. You agree to
not engage in the use, copying, or distribution of any of the Service, or any
portion thereof, other than as expressly permitted.
3. Your Account .
3.1. Account Registration.
If you choose to register for an account, you must complete the account
registration process by providing us with current, complete, and accurate
information as prompted by the applicable registration form. You agree
to register only once using a single account. You agree you will not
(i) register on behalf of another person; (ii) register under the name of
another person or under a fictional name or alias; (iii) choose a username that
constitutes or suggests an impersonation of any other person (real or fictitious)
or entity or that you are a representative of an entity when you are not, or
that is offensive; (iv) choose a username for the purposes of deceiving or
misleading our users and/or the Codecampus as to your true identity; or (v)
choose a username that incorporates a solicitation.
3.2. Account Information.
You are entirely responsible for maintaining the confidentiality of your
password and account. Furthermore, you are entirely responsible for any and all
activities that occur under your account. You should notify us immediately of
any known or suspected unauthorized use of your username and password or any
other breach of security. Codecampus will not be liable for any loss that you
may incur as a result of someone else using your username, password, or
account, either with or without your knowledge. You could be held liable for
losses incurred by Codecampus or another party due to someone else using your
username, password, or account. You may not use anyone else's account at any
time, without the permission of the account holder. Your account is unique to
you and may not be transferred to any third party.
3.3. Account Security. Codecampus
cares about the integrity and security of your account information. However, Codecampus
cannot guarantee that unauthorized third parties will never be able to defeat
the Service's security measures or use any personal information you provide to
us for improper purposes. You acknowledge that you provide your account
information at your own risk.
4. User Content and Conduct .
4.1. User Content. As a
user with a registered account, you may be able to submit content to the
Service, including videos, photos, images, audio, text, information (including,
without limitation, Personally Identifiable Information), user comments, and
any other content (collectively, "User Content"). You shall be
solely responsible for your own User Content and the consequences of submitting
and publishing your User Content on the Service. You further agree that you
will not submit to the Service any User Content or other material that is
contrary to these Terms of Service or contrary to applicable local, national,
and international laws and regulations.
4.2. Representations. You
affirm, represent, and warrant that you own or have the necessary licenses,
rights, consents, and permissions to publish User Content you submit. You
further agree that User Content you submit to the Service will not contain
third party copyrighted material, or material that is subject to other third
party proprietary rights, unless you have permission from the rightful owner of
the material or you are otherwise legally entitled to post the material and to
grant us all of the license rights granted herein. We do not permit copyright
infringing activities and infringement of intellectual property rights on the
Service, and we will remove all User Content if properly notified that such
User Content infringes on another's intellectual property rights. We reserve
the right to remove User Content without prior notice. By using the Service and
the Community Services, you expressly agree not to use, reproduce, modify,
adapt, edit, translate, publicly display, telecommunicate or perform, post,
upload to, transmit, distribute, store, create derivative works from or
otherwise publish throughout the world, in any media, now known or hereafter
devised, on or through the Service any of the following:
(a) User Content that would
constitute, encourage or provide instructions for a criminal offense, violate
the rights of any party, or that would otherwise create liability or violate
any local, state, foreign, national or international law, including, without
limitation, the regulations of the U.S. Securities and Exchange Commission;
(b) User Content that is indecent,
profane (including masked profanity where symbols, initials, intentional
misspellings or other characters are used to suggest profane language),
obscene, pornographic, abusive, inflammatory, untrue, misleading, illegal,
invasive of privacy or publicity rights, libelous, slanderous or defamatory. We
do not tolerate users harassing, threatening or embarrassing other users,
including harassment or denigration based on age, gender, race, religion,
national origin, sexual orientation or disability, marital status or veteran
status, or the stalking of other users;
(c) User Content that contains any
confidential or proprietary information of any person or entity, or that
otherwise violates the legal rights of any person or entity. You may not
include in any User Content either any email addresses or telephone numbers of
any person or entity, including your own. You may not use a false email
address, impersonate any person or entity (including any other user), or
otherwise mislead as to the origin of your User Content;
(d) User Content that is unrelated to
the topic of the Community Services in which such Content is posted, or that,
in the sole judgment of Codecampus, contravenes the above, is otherwise
objectionable or inappropriate, or which restricts or inhibits any other person
from using or enjoying the Service, or which may expose Codecampus or its
affiliates or its users to any harm or liability of any type.
4.3. Rights and License.
You retain all of your ownership rights in your User Content. However, by
submitting User Content to the Service, you hereby grant Codecampus a
worldwide, non-exclusive, royalty-free, sublicenseable and transferable license
to use, reproduce, distribute, prepare derivative works of, display, and
perform the User Content in connection with the Service and Codecampus's (and
its successors' and affiliates') business, including without limitation for
promoting and redistributing part or all of the Service (and derivative works
thereof) in any media formats and through any media channels (including for
advertising or other commercial use). If we publish your User Content or
authorize or license others to do so, your User Content may be edited for
length, format, clarity or for any other reason either before or after it is
published. You also hereby grant each user of the Service a non-exclusive
license to access your User Content through the Service, and to use, reproduce,
distribute, display and perform such User Content as permitted through the
functionality of the Service and under these Terms of Service. The above licenses
granted by you in User Content you submit to the Service terminate within a
commercially reasonable time after you remove your User Content from the
Service. You understand and agree, however, that we may retain, but not
display, distribute, or perform, server copies of your User Content that have
been removed. The above licenses granted by you in user comments you submit are
perpetual and irrevocable.
4.4. User Conduct. As a
condition of your use of and access to the Service, you agree not to use the
Service for any unlawful purpose or in any way that violates these Terms. Any
use of the Service or Community Services in violation of these Terms of Service
and may result in, among other things, termination or suspension of your
account and your ability to use the Service or Community Services. You may not
engage in any of the following prohibited activities:
(a) Copying, distributing, or
disclosing any part of the Service in any medium, including without limitation
by any automated or non-automated "scraping"; collecting or
harvesting any personally identifiable information, including account names, from
the Service; altering, modifying or creating derivative works of the Service,
or any portion thereof;
(b) Using any automated system,
including without limitation "robots," "spiders,"
"offline readers," etc., to access the Service; accessing any content
or features of the Service through any technology or means other than those
provided or authorized by the Service;
(c) Transmitting spam, chain letters,
or other unsolicited email; using the Service for any commercial solicitation
purpose or political campaigning;
(d) Attempting to interfere with,
compromise the system integrity or security, or decipher any transmissions to
or from the servers running the Service; uploading invalid data, viruses,
worms, or other software agents through the Service; bypassing the measures we
may use to prevent or restrict access to the Service, including without
limitation features that prevent or restrict use or copying of any content or
features or enforce limitations on use of the Service or the content or
features therein;
(e) Taking any action that imposes,
or may impose at our sole discretion an unreasonable or disproportionately
large load on Service infrastructure; interfering with the proper working of
the Service;
(f) Impersonating another person or
otherwise misrepresenting your affiliation with a person or entity, conducting
fraud, hiding or attempting to hide your identity; or
(g) Disrupting the normal flow of
dialogue, causes a screen to "scroll" faster than other Users are
able to type, or otherwise negatively affects other Users' ability to engage in
real time exchanges.
(h) The Service is for personal use
only. Users may not use the Service or any content contained in the Service
(including, but not limited to, content of other users, designs, text,
graphics, images, video, information, logos, software, audio files and computer
code) in connection with any commercial endeavors, such as (i) advertising or
soliciting any user to buy or sell any products or services not offered by Codecampus
or (ii) soliciting others to attend parties or other social functions, or
networking, for commercial purposes. Users of the Service may not use any
information obtained from the Service to contact, advertise to, solicit, or
sell to any other user without his or her prior explicit consent.
Organizations, companies, and/or businesses may not use the Service or the
Service for any purpose except with Codecampus's express consent (such as for
promoted profiles or other advertisements), which Codecampus may provide or
deny in its sole discretion. Codecampus may investigate and take any available
legal action in response to illegal and/or unauthorized uses of the Service,
including collecting usernames and/or email addresses of users by electronic or
other means for the purpose of sending unsolicited email and unauthorized
framing of or linking to the Service.
5. The Service and Storage .
5.2. Not Responsible for
Storing User Content. You are solely responsible for maintaining
appropriate security, protection and backup copies of your User Content and
data. As set forth in these Terms of Service, Codecampus has no
liability of any kind as a result of the deletion of, correction of,
destruction of, damage to, loss of or failure to store or encrypt any User
Content, content or data.
6. Copyright Policy .
6.1. Copyright Agent. Codecampus
respects the intellectual property rights of others and expects users of the
Service to do the same. We will respond to notices of alleged copyright
infringement that comply with applicable law and are properly provided to our
designated copyright agent (" Copyright Agent"). Our
designated Copyright Agent to receive notifications of claimed infringement is:
Codecampus LLC
1101 Dove St. Ste.
255, Newport Beach, CA 92660
Attn: Legal Department
support@codecampus.com
For clarity, only DMCA notices should
go to the Copyright Agent; any other feedback, comments, requests for technical
support, and other communications should be directed to support@codecampus.com.
You acknowledge that if you fail to comply with all of the requirements of this
Section, your DMCA notice may not be valid.
6.2. Claims of Infringement.
If you are a copyright owner or an agent thereof and believe that any Content
infringes upon your copyrights, you may submit a notification pursuant to the
Digital Millennium Copyright Act ("DMCA") by providing our
Copyright Agent with the following information in writing (see 17 U.S.C
512(c)(3) for further detail):
(a) A physical or electronic
signature of a person authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed;
(b) Identification of the copyrighted
work claimed to have been infringed, or, if multiple copyrighted works at a
single online site are covered by a single notification, a representative list
of such works at that site;
(c) Identification of the material
that is claimed to be infringing or to be the subject of infringing activity
and that is to be removed or access to which is to be disabled and information
reasonably sufficient to permit the service provider to locate the material;
(d) Information reasonably sufficient
to permit Codecampus to contact you, such as an address, telephone number, and,
if available, an electronic mail;
(e) A statement that you have a good
faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information
in the notification is accurate, and under penalty of perjury, that you are
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
6.3. Counter-Notice. If
you believe that your content that was removed (or to which access was
disabled) is not infringing, or that you have the authorization from the
copyright owner, the copyright owner's agent, or pursuant to the law, to post
and use the material in your content, you may send a counter-notice containing
the following information to our Copyright Agent:
(a) Your physical or electronic
signature;
(b) Identification of the content
that has been removed or to which access has been disabled and the location at
which the content appeared before it was removed or disabled;
(c) A statement that you have a good
faith belief that the content was removed or disabled as a result of mistake or
a misidentification of the content; and
(d) Your name, address, telephone
number, and e-mail address, a statement that you consent to the arbitration
provision of this Agreement, and a statement that you will accept service of
notice from the person who provided notification of the alleged infringement;
(e) If a counter-notice is received
by our Copyright Agent, we may send a copy of the counter-notice to the
original complaining party informing that person that he or she may replace the
removed content or cease disabling it in ten (10) business days. Unless the
copyright owner files an action seeking a court order against the content
provider, or user, the removed content may be replaced, or access to it
restored, in ten (10) to fourteen (14) business days or more after receipt of
the counter-notice, at our sole discretion.
7. Third Parties .
7.1. Third Party Links.
The Service may contain links to third-party advertisers, websites or services.
You acknowledge and agree that Codecampus is not responsible or liable for: (i)
the availability or accuracy of such advertisements, websites or services, or
(ii) the content, products, or resources on or available from such advertisers,
websites or services. Links to such advertisers, websites or services do not
imply any endorsement by Codecampus of those websites or services. You
acknowledge sole responsibility for and assume all risk arising from your use
of any such websites or services.
7.2. Third Party Content.
Through the Service, you will have the ability to access and/or use content
provided by third parties. Codecampus cannot guarantee that such third party
content will be free of material you may find objectionable or otherwise. Codecampus
disclaims any responsibility or liability related to your access or use of any
third party content.
7.3. Third Party Promotions.
Some third parties may promote sweepstakes, competitions, promotions, and other
similar opportunities on the Service ("Third Party Promotions").
Codecampus is not the sponsor or promoter of these Third Party Promotions and
does not bear any responsibility or liability for the actions or inactions of
any third parties who organize, administer or are otherwise involved in any of
promotion of these Third Party Promotions. If you wish to participate in any of
these Third Party Promotions, you are responsible for reading and ensuring that
you understand the applicable rules and any eligibility requirements and are
lawfully able to participate in such Third Party Promotions in your
jurisdiction.
7.4. Social Media Networks.
The Service may include features that connect to third party social media
networks (" Social Media Networks") and allow you to
share or like content or services with your friends or other users of the
Social Media Networks, or you may be able to connect your user account with
your Social Media Networks' accounts. To learn more about how your information
may be shared with Social Media Networks or how your Social Media Networks'
account information may be shared with us, please read our Privacy Policy and
the privacy policy or settings of the relevant Social Media Networks.
8. Fees, Payments and Changes.
8.1. Fees. We reserve the
right at any time to charge fees for access to the Service, or any portion
thereof. However, in no event will you be charged for access to the Service
unless we obtain your prior agreement to pay such charges. You may cancel your
account at any time. You agree to pay all charges that may be incurred by you
or on your behalf through the Service, at the price(s) in effect when such
charges are incurred, including all shipping and handling charges. In addition,
you remain responsible for any and all taxes that may be applicable to your
purchase(s), and you agree that such taxes, if any, are not our responsibility.
There shall be no refunds at any time.
8.2. Payments. If
products, subscriptions, software, or services are made available for purchase
through the Service and you wish to purchase such products, subscriptions,
software, or services, you may be asked by us or our designee (or, if such
product, subscriptions, software, or services are being made available by a
third party provider, by such third party provider) to supply certain
information relevant to your purchase, including, without limitation, credit
card number, expiration date, billing address and shipping information. YOU
REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S)
OR OTHER PAYMENT MEANS USED BY YOU OR THROUGH YOUR USERNAME(S) TO PURCHASE ANY
SUCH PRODUCT AND/OR SERVICE. You acknowledge that any such information will be
treated by us in accordance with our Privacy Policy. You grant us the right to
provide such information to third parties in order to facilitate the completion
of transactions initiated by you or on your behalf through the Service. Verification
of information may be required prior to acceptance of any order through the
Service.
8.3. Changes. We reserve
the right, with or without prior notice, to: change descriptions or references
to products, subscriptions, software or services; limit the available quantity
of any products, subscriptions, software, or services; honor, or refuse to
honor, any coupon, coupon code, promotional code or other similar promotions
(collectively, the "Rewards Program"); and/or refuse to provide any
user of the Service with any products, subscriptions, software or services. We
may modify the Rewards Program, any points, or the terms that govern their
usage, at our sole discretion, and such modifications may make the Rewards
Program points more or less common, valuable, effective, or functional.
9. Mobile Services and App Stores .
9.1. "Mobile Services"
means certain software and services that are available via a mobile device,
including (i) the ability to upload data to the Service via a mobile device,
(ii) the ability to use the Service from a mobile device, and (iii) the ability
to access certain features through an application downloaded and installed on a
mobile device.
9.2. Wireless Carriers.
To the extent you access the Mobile Services through a mobile device, your
wireless carrier's standard charges, data rates and other fees may apply. In
addition, downloading, installing, or using certain Mobile Services may be
prohibited or restricted by your carrier, and not all Mobile Services may work
with all carriers or devices.
9.3. Notifications and
Messages. By using the Mobile Services, you agree that we may communicate
with you regarding Codecampus and other entities by SMS, MMS, text message or
other electronic means to your mobile device for the purpose of providing the
applicable service and that certain information about your usage of the Mobile
Services may be communicated to us. In the event you change or deactivate your
mobile telephone number, you agree to promptly update your Codecampus account
information to ensure that your messages are not sent to the person that
acquires your old number. In the event that you fail to comply with the
obligation to promptly update your Codecampus account information when changing
or deactivating your mobile telephone number, you accept full responsibility
for any of your messages, which may not be delivered or may be sent to the
person that acquires your old number.
10. Disclaimers and Disclosures .
10.1. Disclaimers. We do
not endorse any User Content submitted to the Service by any user or other
licensor, or any opinion, recommendation, or advice expressed therein, and we
expressly disclaim any and all liability in connection with User Content. Codecampus
takes no responsibility and assumes no liability for any User Content posted,
stored or uploaded by you or any third party, or for any loss or damage thereto
or in connection therewith, nor is Codecampus liable for any mistakes,
inaccuracies, infringements, defamation, slander, libel, omissions, falsehoods,
obscenity, pornography or profanity you may encounter. As a provider of
interactive services, Codecampus is not liable for any statements,
representations or User Content provided by its users. Although Codecampus has
no obligation to screen, edit or monitor any of the User Content posted to or
distributed through the Service, Codecampus reserves the right, and has
absolute discretion, to remove, screen or edit without notice any User Content
posted or stored on the Service at any time and for any reason and without
liability to you or any third party, and you are solely responsible for
creating backup copies of and replacing any User Content you post or store on
the Service at your sole cost and expense. However, we also reserve the right
in our sole discretion to display any User Content that is submitted to us (or
to decline to remove any User Content), even if it violates this Agreement.
Since not all of the areas of the Service are monitored on a "real
time" basis, you may see User Content that violates this Agreement before
we do. Please report such items to support@codecampus.com.
10.2. Disclosures. In
order to cooperate with legitimate governmental requests, subpoenas or court
orders, to protect Codecampus's systems and users, or to ensure the integrity
and operation of Codecampus's business and systems, Codecampus may access and
disclose any information it considers necessary or appropriate, including,
without limitation, account information (i.e. name, email address, etc.), IP
addressing and traffic information, usage history, and posted User Content. Codecampus's
right to disclose any such information, as applicable, shall be pursuant to the
terms of Codecampus's Privacy Policy. Please see Codecampus's Privacy Policy
for the terms of our personal information collection and use practices with
respect to the Service.
11. Termination, Suspension, and Restrictions, and
Survival of Terms.
11.1. Termination,
Suspension, and Restrictions. Codecampus may terminate or suspend your
access to or ability to use the Service immediately, without prior notice or
liability, for any reason or no reason, including breach of this Agreement. In
particular, Codecampus may immediately terminate or suspend accounts that have
been flagged for repeat copyright infringement. Upon termination of your access
to or ability to use the Service, your right to use or access the Service will
immediately cease. Codecampus may change, restrict access to, suspend, or
discontinue any aspect of the Service at any time, including availability of
any feature, database, or content. Codecampus may also impose limits on certain
features and services or restrict your access to all or parts of the Service
without notice or liability.
11.2. Survival of Terms.
This Agreement's terms and conditions that by their nature should survive
termination shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, and limitations of liability. Termination of
your access to and use of the Service shall not relieve you of any obligations
arising or accruing prior to termination or limit any liability that you
otherwise may have to Codecampus or any third party.
12. Disclaimers . YOU EXPRESSLY AGREE THAT
USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION, MOBILE SERVICES), IS AT YOUR
SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CODECAMPUS,
ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CODECAMPUS DOES NOT
WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL
BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT SERVICE
OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR ANY OTHER HARMFUL
COMPONENTS. CODECAMPUS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF THE CONTENT OR DATA ON THE SERVICE, WITH
RESPECT TO THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE, OR THAT YOUR
USER CONTENT OR DATA WILL BE ACCESSIBLE OR FREE FROM LOSS OR DAMAGE. CODECAMPUS
DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
PRODUCTS, OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
SERVICE OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY OTHER ADVERTISING, AND CODECAMPUS
WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS
WITH THE PURCHASE OF PRODUCTS OR SERVICES THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
13. Limitations of Liability . IN NO EVENT
SHALL CODECAMPUS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO
YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES WHATSOEVER RESULTING FROM YOUR USE OF THE SERVICE (INCLUDING, WITHOUT
LIMITATION, MOBILE SERVICES), OR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT OR DATA, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE
BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR DATA
OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY
CONTENT EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, OR
ANY LACK OF ACCESSIBILITY, LOSS OR DAMAGE TO USER CONTENT OR DATA POSTED,
UPLOADED OR TRANSMITTED VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT,
TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CODECAMPUS IS ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL
APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT CODECAMPUS SHALL NOT BE LIABLE FOR USER
CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND
THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN
NO EVENT WILL CODECAMPUS'S TOTAL AGGREGATE LIABILITY TO YOU UNDER THIS
AGREEMENT EXCEED THE AMOUNT PAID BY YOU TO USE THE SERVICE.
14. Indemnification . To the extent
permitted by applicable law, you agree to defend, indemnify and hold harmless Codecampus,
its parent corporation, officers, directors, employees and agents, from and
against any and all claims, damages, obligations, losses, liabilities, costs or
debt, and expenses (including but not limited to attorney's fees) arising from:
(i) your use of and access to the Service (including, without limitation,
Mobile Services); (ii) your violation of any term of this Agreement; (iii) your
violation of any third party right, including without limitation any copyright,
property, or privacy right; or (iv) any claim that your User Content caused
damage to a user or third party. Codecampus may assume the exclusive defense
and control of any matter for which users have agreed to indemnify Codecampus
and you agree to assist and cooperate with Codecampus in the defense or
settlement of any such matters. This defense and indemnification obligation
will survive the termination of this Agreement and your use of the Service.
15. Dispute Resolution .
15.1. Mandatory Arbitration.
For any dispute you have with Codecampus, you agree to first contact Codecampus
and attempt to resolve the dispute informally. If Codecampus has not been able
to resolve the dispute with you informally, we each agree to resolve any claim,
dispute, or controversy (excluding claims for injunctive or other equitable
relief) arising out of or in connection with or relating to this Agreement by binding
arbitration by the American Arbitration Association ("AAA")
under the Commercial Arbitration Rules and Supplementary Procedures for
Consumer Related Disputes then in effect for the AAA, except as provided
herein. The arbitration will be conducted in Orange County, California, in the
United States. Each party will be responsible for paying any AAA filing,
administrative and arbitrator fees in accordance with AAA rules. The award
rendered by the arbitrator shall include costs of arbitration, reasonable
attorneys' fees and reasonable costs for expert and other witnesses, and any
judgment on the award rendered by the arbitrator may be entered in any court of
competent jurisdiction. This arbitration agreement survives the termination of
this Agreement between you and Codecampus.
15.2. Waivers of Class Action
and Trial by Jury. You and Codecampus both waive any right to participate
in any class action involving disputes between us, and you and Codecampus are
each waiving the right to a trial by jury. All claims must be brought in the
parties' individual capacity, and not as a plaintiff or class member in any
purported class or representative proceeding, and, unless we agree otherwise,
the arbitrator may not consolidate more than one person's claims. This class
action waiver is an essential part of our arbitration agreement and may not be
severed. If for any reason this class action waiver is found unenforceable,
then the entire arbitration agreement will not apply. However, the waiver of
the right to trial by jury set forth in this Section will remain in full force
and effect.
15.3. Other Remedies.
Notwithstanding the foregoing, either party may bring an individual action in
small claims court. Nothing in this Section precludes you from bringing issues
to the attention of federal, state or local agencies. Nothing in this Section
shall prevent either party from seeking injunctive or other equitable relief
from the courts for matters related to data security, intellectual property or
unauthorized access to the Service.
15.4. Time Limitations.
YOU AND CODECAMPUS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO
THE SERVICE OR THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE
OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
16. CODECAMPUS is committed to safeguarding student privacy and
ensuring compliance with federal laws designed to protect students’ education
records and online privacy, including the Family Educational Rights and Privacy
Act (FERPA), the Children’s Internet Protection Act (CIPA), and the Children’s
Online Privacy Protection Act (COPPA).
16.1.
Protection of Student Education Records (FERPA)
CODECAMPUS
protects the privacy of student education records and will not disclose
personally identifiable information without prior written consent from a parent
or eligible student, except as permitted by law. Parents and eligible students
have rights to inspect and review records, request amendments to inaccurate
records, and opt out of disclosure of designated directory information.
Disclosures without consent may be made to school officials with legitimate
educational interests, other schools for enrollment purposes, and in other
legally authorized circumstances.
2.
Internet Safety and Online Privacy (CIPA)
CODECAMPUS
maintains and enforces an Internet Safety Policy that includes measures to
protect minors when using electronic communications such as email and chat
rooms. CODECAMPUS restricts
unauthorized disclosure or use of minors’ personal information online and
employs technology protection measures to block or filter inappropriate
content. Online student activity is monitored to ensure compliance. This policy
is adopted following public notice and input as required by law.
3.
Online Collection of Information from Children Under 13 (COPPA)
CODECAMPUS
makes reasonable efforts to comply with COPPA by ensuring that personal
information from children under 13 is collected only with verifiable parental
consent or school authorization for educational purposes. Third-party online
service providers used by CODECAMPUS
must provide clear privacy notices, limit data collection to what is reasonably
necessary, and use information solely for authorized educational activities.
Parents have the right to review, revoke consent, and request deletion of their
child’s personal information collected online.
4.
Rights and Contact Information
Parents and eligible students may
exercise their rights under these laws by contacting:
Codecampus LLC
1101 Dove St. Ste.
255, Newport Beach, CA 92660
Concerns
about the School’s privacy policies may also be directed to the U.S. Department
of Education’s Family Policy Compliance Office (FERPA), the Federal
Communications Commission (CIPA), or the Federal Trade Commission (COPPA).
17. Notice for California Users . Under
California Civil Code Section 1789.3, California users of the online services
are entitled to the following specific consumer rights notice: The Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs may be contacted in writing at 400 R Street,
Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or
(800) 952-5210.
18. Users From Other Jurisdictions . By
accessing or using the Service, or submitting information, you acknowledge that
you accept the practices and policies outlined in this Agreement and consent to
having your data transferred to and processed in the United States. If you do
not agree to the terms of this Agreement, please do not use the Service. The
Service is controlled and operated by Codecampus from the United States. We do
not represent or warrant that the Service, or any part thereof, is appropriate
or available for use in any particular jurisdiction. Those who choose to access
the Service, do so on their own initiative and at their own risk, and are
responsible for complying with all local laws, rules and regulations. You also
are subject to United States export controls in connection with your use of the
Service and are responsible for any violations of such controls, including,
without limitation, any United States embargoes or other federal rules and
regulations restricting exports. We may limit the availability of the Service,
in whole or in part, to any person, geographic area or jurisdiction that we
choose, at any time and in our sole discretion.
19. General. This Agreement shall be governed by
the internal substantive laws of the State of California, without respect to
its conflict of laws principles. This Agreement, including, without limitation,
these Terms of Service, together with the Privacy Policy and any other legal
notices published by us on the Service, shall constitute the entire agreement
between you and Codecampus concerning the Service. If any provision of this
Agreement is deemed invalid by a court of competent jurisdiction, the
invalidity of such provision shall not affect the validity of the remaining
provisions of this Agreement, which shall remain in full force and effect. No
waiver of any term of this Agreement shall be deemed a further or continuing
waiver of such term or any other term, and Codecampus's failure to assert any
right or provision under this Agreement shall not constitute a waiver of such
right or provision. We reserve the right to amend this Agreement, including,
without limitation, these Terms of Service and the Privacy Policy, at any time
and without notice, and it is your responsibility to review this Agreement,
including, without limitation, these Terms of Service and the Privacy Policy
for any changes. This Agreement, and any rights and licenses granted hereunder,
may not be transferred or assigned by you, but may be assigned by Codecampus
without restriction. Your use of the Service following any amendment of this
Agreement will signify your assent to and acceptance of its revised terms.
19. Contact Information . If you have any questions,
feedback or to report a violation regarding these Terms of Service, you may
email us at support@codecampus.com or contact us by mail addressed to:
Codecampus LLC
1101 Dove St. Ste.
255, Newport Beach, CA 92660