Please Read Carefully
Updated: December 28, 2024
These terms of service (“Terms”) are between Coding Kinetics LLC (“Company,” “we,” “our,” and “us”) and you (“you” and “your”) and govern your access to and use of our website, online courses, workshops, consulting, training, and certain third-party platforms and/or services (including but not limited to Patreon, Square, Eventbrite, Cloudflare, MailerLite) (collectively, the “Third-Party Platform(s)”), including without limitation any content, audio recordings, videos, and/or any other materials located our website or on the Third-Party Platform(s) (collectively, the “Services”). These Terms shall be in addition to any other terms of use and/or policies which you are required to agree upon when using and/or setting up a user account with the Third-Party Platform(s). By accessing and/or using our Services, you also agree to the Company Code of Conduct located at https://codingkinetics.com/code-of-conduct, and the Company Privacy Notice (“Privacy Notice”), located at https://codingkinetics.com/privacy-policy, and consent to any personal information we may obtain about you being collected, stored and/or otherwise processed in accordance with our Privacy Notice and these Terms.
If you access and/or use the Services, you acknowledge and agree that you have read, understand and agree to be bound by all of the terms and conditions set forth in these Terms, as well as all other applicable rules or policies, terms and conditions or agreements that are or may be established by Company from time to time, and the foregoing shall be incorporated herein by reference. If an individual agrees to these Terms on behalf of a legal entity, such individual represents that the individual has the legal authority to bind such entity. If you do not agree to these Terms or any other terms of use for any Third-Party Platform(s), do not use the Services.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND COMPANY WILL BE RESOLVED BY INDIVIDUAL MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING. YOU ALSO WAIVE YOUR RIGHT TO RECEIVE A TRIAL BY JURY.
Kotlin is a cross-platform, general-purpose, high-level programming language that is compatible with Java, and can be used for various purposes. Company provides various online courses, individual workshops, consulting, private training, and access to Third-Party Platforms and other materials to assist in your use of Kotlin. If you are accessing and/or using the Services, you agree to access and/or use such Services only in accordance with the applicable terms and conditions contained in these Terms and as further described herein.
Company may, at any time, for any reason, make changes to the Services and/or modify these Terms in its sole and absolute discretion. If we make changes and/or modifications that affect your use of and/or access to the Services, we will post notice of the change and/or modification on this Terms page and change the ‘Updated’ date set forth above. You agree that your continued use of the Services following changes and/or modifications will constitute your acceptance of such changes and/or modifications. We may also provide you with additional forms of notice as appropriate under the circumstances. If you do not agree to the changes, you shall not use the Services offered after the effective date of the changes and/or modifications. Please revisit these Terms regularly to ensure that you stay informed of any changes and/or modifications. Company also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Services, which may be posted in the relevant portion of the Services. Your continued use of the Services constitutes your agreement to such additional rules.
For information regarding collection, use, and disclosure of your information, please review our Privacy Notice. You agree to our Privacy Notice and consent to any personal information we may obtain about you being collected, stored, and/or otherwise processed in accordance with the Privacy Notice and these Terms.
Right to Use. These Terms permit you to use the Services only for your internal purposes. By using the Services and accepting these Terms: (i) Company grants you a limited, nonexclusive, non-transferable, non-sublicensable, revocable right to access and/or use the Services and information provided therein in accordance with the terms and conditions set forth herein and any additional terms, conditions and policies set forth by Company; and (ii) you agree not to reproduce, modify, distribute, create derivative works from, publicly display, publicly perform, republish, download, transmit, store, license, sell and/or re-sell any content and/or information obtained from and/or accessed through the Services without the express written permission of Company. Notwithstanding the foregoing subsection (ii), your computer may temporarily store copies of information required for you to access and view the information and you may store files that are automatically cached by your browser for display enhancement purposes. If you use or provide any other person with access to any part of the Services in breach of these Terms, your right to use the Services will stop immediately. Neither these Terms nor your use of the Services convey and/or grant to you any rights: (a) in or related to the Services except for as expressly set forth herein; or (b) to use Company’s names, logos, product and service names, trademarks, or services marks or those of Company’s licensors.
Access to Services. Company retains the right, in its sole discretion, to deny service and/or access to and/or use of the Services to anyone at any time and for any reason. While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time. You understand and agree that there may be interruptions to the Services and/or access to the Third-Party Platform(s) due to circumstances within our control and outside of our control. You acknowledge and agree that the use of the Services is at your own risk, including without limitation the risk that you might be exposed to content that is offensive, indecent, inaccurate and/or objectionable. Please note that the Services contain access to third-party content and other interactions over which we have no control. We assume no responsibility for, nor do we endorse, screen, or approve User Content (as defined in Section 7), or third-party content, offerings, or other materials made available to you within the Third-Party Platform(s) and/or Services, or the conduct of parties who use the Services. The Services may be modified, updated, suspended and/or discontinued at any time as determined by Company in its sole and absolute discretion and without notice and/or liability.
Eligibility. To access and/or use the Services, you must be at least eighteen (18) years of age, or must obtain the consent of your parent or guardian. By accessing and/or using the Services, you represent and warrant that you are at least eighteen (18) years of age or have obtained the consent of your parent or guardian. The ‘Children’s Online Privacy Protection Act’ requires that companies obtain verifiable parental consent before they knowingly collect personal information online from children under the age of thirteen (13). We do not knowingly collect or solicit information from children under the age of thirteen (13). If we learn we have collected personal information from a child under the age of thirteen (13), we will delete the information. If you think someone under the age of thirteen (13) has provided us with personal information, please contact us at [email protected].
Creating an Account. You may need to register for an account in order to access and use certain components of the Services (including without limitation the Third-Party Platform(s)). You agree to provide true, accurate, and current information in connection with your access to and/or use of such Services and your account (if applicable). You may be asked to provide certain information to access certain portions of the Services or to receive certain resources made available by Company. You must ensure that any user IDs and other access credentials are kept strictly confidential and not shared with any unauthorized person. From time to time, we may restrict access to all or part of the Services as we may determine in our sole discretion. You will comply with all applicable laws, rules, and/or regulations when accessing and/or using the Services. You are responsible for making necessary arrangements to use the Services, such as securing a device and/or internet access. You are responsible for ensuring that all persons who access the Services through your device and/or internet connection are aware of these Terms and comply with these Terms. You agree to notify Company immediately of any unauthorized access to or use of the Services or any other breach of security.
Data Security; Unauthorized Access. You acknowledge and agree that Company utilizes third-party service providers to host and provide the Services and store your User Content, and the protection of such data will be in accordance with such third party’s safeguards for the protection and the security and confidentiality of data. You are responsible for properly configuring and using the Services and taking appropriate steps to maintain security, protection, and backup of all of your User Content. Company is not responsible for any unauthorized access to, alteration of, or the deletion, destruction, damage, loss, or failure to store any of, your User Content and data or other information that you submit and/or use in connection with the Services (including as a result of your errors, acts, or omissions).
Communications. You agree to receive certain communications in connection with the Services. When you use the Services, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with you by e-mail and/or by posting notices on the Services. You acknowledge and agree that all agreements, notices, disclosures and/or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Certain electronic communications from Company may include promotional and advertising material and information about Company, unless or until you elect to opt-out of receiving such communications by clicking the unsubscribe link and/or by notifying us at [email protected] that you no longer desire to receive promotional communications from us.
Your Conduct and Responsibilities. Company grants you the rights set forth herein, subject to the following conditions:
Confidentially. During your access to and/or use of the Services, you may have access to certain information of Company that is not generally known to others including any and all information relating to Company and its business, such as, its business, legal, and operational practices, financial, technical, design, performance characteristics, commercial, marketing, competitive advantage or other information concerning its business and affairs, partnerships and potential partnerships, business model, fee structures, employees, funding opportunities, metrics, algorithms, techniques, formulas, processes, know-how, systems, ideas, inventions (whether or not patentable or copyrighted), feedback, procedures and techniques that have been or may hereafter be provided or shown to you, regardless of the form of the communication (collectively, "Confidential Information”). You will use best efforts to protect and prevent any access to Confidential Information.
THE COMMERCIAL USE, REPRODUCTION, TRANSMISSION OR DISTRIBUTION OF ANY INFORMATION OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICES WITHOUT THE PRIOR WRITTEN CONSENT OF COMPANY IS STRICTLY PROHIBITED.
Company shall not be subject to any obligations of confidentiality regarding any information and/or materials submitted through the Services except as otherwise specified in these Terms and/or the Privacy Notice and/or as set forth in any additional terms and conditions relating to specific products and/or services utilized by Company in conjunction with the Services, and/or as otherwise required by law. Company may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services. We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS COMPANY AND ITS LICENSORS AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.
Safe Interactions. Because user authentication on the ‘Internet’ is challenging, Company cannot and does not confirm a user’s purported identity. Therefore, we encourage you to communicate directly with other users through the features available through the Services and not disclose your personal information to other users.
Fees. Company offers different types of Service plans and packages, and the fees associated with such plans are described at https://codingkinetics.com/pricing. Depending upon the plan selected, fees will generally be payable in advance on a monthly basis. Company reserves the right to change any fees or charges (or to begin charging fees for any free Services) at any time. All fees due and payable to Company must be paid in full without any deduction, set-off, counterclaim or withholding of any kind unless required by law. Refunds shall be at the sole discretion of Company. Company may charge interest of one and one-half percent (1.5%) per month or the highest rate permitted by law (whichever is less) if fees are not paid on or before the due date. In the event that fees are not paid within seven (7) days after the due date, Company may, in addition to other available remedies, suspend your access to all or part of the Services.
Taxes. Because user authentication on the ‘Internet’ is challenging, Company cannot and does not confirm a user’s purported identity. Therefore, we encourage you to communicate directly with other users through the features available through the Services and not disclose your personal information to other users.
Payment Method. Because user authentication on the ‘Internet’ is challenging, Company cannot and does not confirm a user’s purported identity. Therefore, we encourage you to communicate directly with other users through the features available through the Services and not disclose your personal information to other users.
Third Party Payment Processor(s). Because user authentication on the ‘Internet’ is challenging, Company cannot and does not confirm a user’s purported identity. Therefore, we encourage you to communicate directly with other users through the features available through the Services and not disclose your personal information to other users.
Occasionally there may be information on the Services that contain typographical errors, inaccuracies, and/or omissions that may relate to services and/or products descriptions, pricing, promotions, offers, and availability. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, and/or omissions; and/or (iii) make changes to prices, content, offers, services and/or product descriptions, specifications, and/or other information without obligation to issue any notice of such changes. We also reserve the right to limit quantities and or capacity (including after an order has been submitted and/or acknowledged) and to revise, suspend, and/or terminate an event, and/or promotion at any time without notice (including after an order or registration has been submitted and/or acknowledged). Company shall not be liable for any promotions, discounts and/or coupons on Third-Party Services (as defined in Section 14 below).
Services and Data. Excluding your User Content, Third-Party Services and content linked to or posted on the Services, the Services and their entire contents including but not limited to the Company name, logos, graphics and other information and material we provide through the Services (including without limitation any customizations) are the property of and owned by Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary right laws. Any redistribution or reproduction of part or all of the contents of the Services, including but not limited to text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, trade dress, logos, and slogans is prohibited. As between the parties, Company and/or its licensors are the owner of and retain all right, title and interest in: (i) all content and information provided by Company; and (ii) any data or metadata created, aggregated, or generated by access to and/or use of the Services, including but not limited to data or insights collected from the Services or provided to Company by Third-Party Platform provider(s) and/or in connection with your use of the Services. Subject to the limited rights expressly granted hereunder, Company and/or its third-party licensors reserve all right, title and interest in and to the Services and related information, including without limitation all related worldwide intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. The Company name and logo are trademarks and/or service marks of Company (the “Marks”) and we retain all right, title, and interest in and to the Marks.
User Generated Content. During the course of your access to and/or use of the Services, you or other users may enter, post and/or upload content and information on the Services and through communication facilities that may be offered on, through, and/or in connection with the Services from time to time (collectively, “User Content”). You and/or your licensors shall have exclusive title and ownership rights, including all intellectual property rights, throughout the world in all of your User Content. In connection with your use of the Services, you hereby grant Company and/or its third-party service providers a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable (through multiple tiers), perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, and otherwise use your User Content in connection with the Services in any form, medium or technology now known or later developed, including publication and use in marketing materials and/or on any Third-Party Services integrated into the Services. This license includes the right for us to make your User Content available and sublicense rights to other entities and individuals who partner with us in the delivery of the Services, including the right to move your User Content to another platform.
Company and our third-party service providers (including without limitation Third-Party Platform provider(s)) will be able to see your User Content that you post on the Services and you hereby irrevocably grant such parties the right to access and/or use your User Content in connection with their use of the Services in accordance with these Terms or in connection with providing the Services. You alone are responsible for your User Content, and once published, it cannot always be withdrawn or deleted. You assume all risks associated with your User Content, including anyone’s reliance on its quality, accuracy, and/or reliability. You also represent that you own, and/or have the necessary permissions to use and authorize use of your User Content as described in these Terms. If you obtain personal information from other users, this personal information shall only be used for Services related communications, unless otherwise approved by the user in writing. Company has not granted you a license to use personal information for unsolicited messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Services user to your email or physical mail list.
Please carefully choose the User Content that you post on, through and/or in connection with the Services and that you provide to other users. By posting your User Content on the Services, it is possible for a third party to re-post that User Content. You agree to indemnify, defend, and hold Company harmless from any dispute concerning the foregoing use. You also agree to pay all royalties, fees, and any other monies owed to any person by reason of any User Content. Notwithstanding anything herein to the contrary, Company does not endorse any User Content in any way. You acknowledge and agree that you have no expectation of privacy with regard to any User Content. We may delete or remove User Content, in our sole and absolute discretion, and may notify our Third-Party Platform provider(s) of any User Content that we believe in our sole discretion may violate any terms of use and/or other policies, or may infringe upon another person’s intellectual property rights, other rights or threatens the personal safety of users of the Services or the public. Company may preserve your User Content and may also disclose your User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any of your User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Company, its users and/or the public. The technical processing and transmission of your User Content may involve transmissions over various networks and changes to conform to technical requirements of connecting networks or devices. Notwithstanding anything herein to the contrary, Company is not obligated to take any action not required by law. If you become aware of misuse of the Services by any person, please contact us at [email protected].
User Content Restrictions. User Content shall not contain any unauthorized content which includes but is not limited to:
We are not obligated, but reserve the right to remove or suspend, in whole or part, your User Content if it violates these Terms and the user content restrictions described herein or any other applicable user content restrictions, as updated from time to time.
Feedback. Please keep in mind that we do not seek any unsolicited ideas and/or materials for the Services. If you provide us with any feedback, suggestions, improvements, reviews, enhancements, recommendations relating to the Services (“Feedback”), then you further grant to Company a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate any such Feedback. Company has no obligations to review any Feedback and may use and redistribute Feedback for any purpose without restriction in its sole and absolute discretion.
We prohibit crawling, scraping, caching and/or otherwise accessing any content on the Services via automated means (except with Company’s express written consent). You may not use the Services in any manner that could damage, disable, overburden, and/or impair the Services and/or interfere with any other party's use and/or enjoyment of the Services. You may not obtain and/or attempt to obtain any materials and/or information through any means not intentionally made available and/or provided for through the Services. You may not interfere with the proper working of the Services, including without limitation by placing an unreasonable load on the Services’ infrastructure.
You are solely responsible for interactions with other users. Company reserves the right, but has no obligation, to monitor disputes between users of the Services and has the right, but is not obligated, to do any or all of the following:
The term during which you will have access to and use of the Services, as well as your cancellation rights, will vary depending upon the plan or package you have selected, and are described at https://codingkinetics.com/cancellation-policy.html. Company reserves the right, in its sole and absolute discretion, to terminate or suspend your access to the Services, without liability, without cause and/or without notice. Without limiting any other remedies, Company, without notice, may suspend or terminate your access to the Services, without liability, (i) if Company suspects, in its sole discretion, that you have violated the terms and conditions set forth herein, any of Company’s policies referenced herein, the Privacy Notice, or any other applicable policies and/or terms; (ii) if you engage in improper or fraudulent activity in connection with Company and/or the Services; (iii) if any Third-Party Platform provider suspends and/or terminates your account; or (iv) for any other reason. In the event you share the access granted with any person or entity, and/or misuse the Services by any means actionable under a federal, state, and/or local statute, code, regulation, law, and/or civil action, Company will consider your access as having been acquired by fraud and/or misrepresentation and will terminate your access immediately. In such event, Company retains the right to seek civil and/or criminal redress, the entire cost of which shall be borne solely by you.
You shall release, waive, indemnify, defend and hold harmless Company, its officers, directors, agents, employees, contractors, subcontractors, suppliers, service providers and representatives from and against any and all claims, demands, proceedings, losses, costs, damages, awards, fees, expenses, or liabilities of any nature including reasonable attorneys’ fees (“Claims”) arising out of and/or relating to (i) User Content submitted and/or posted by you, in connection with the Services; (ii) any use of the Services in violation of these Terms; (iii) your violation of any law and/or the rights of a third party; (iv) your use of the Services; (v) any breach of these Terms by you or your representatives; (vi) any personal injury or property damage you may incur while attending a live workshop; and/or (vii) fraud you commit and/or your intentional misconduct and/or negligence. You shall give prompt notice to Company in writing upon your receipt of notice of any Claim against you that might give rise to a Claim against Company. You will allow us to participate in the defense, and will not settle any Claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.
If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction in which any other statute or common law principles of similar effect applies, you waive the application of such statute or common law with respect to the claims, demands and damages (actual and consequential) released under this Section.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, AND ANY CONTENT, ARE PROVIDED BY COMPANY TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND COMPLETENESS, AND FROM COURSE OF DEALING, USAGE AND/OR TRADE PRACTICE, ALL OF WHICH COMPANY EXPRESSLY DISCLAIMS. WITHOUT LIMITING THE FOREGOING, COMPANY AND/OR ITS LICENSORS MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE AND/OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE ACCESS TO AND/OR USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE AND/OR RELIABLE; AND/OR (C) COMPANY WILL NOT BE LIABLE AND/OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE SERVICES AND/OR ANY CONTENT. NO ADVICE AND/OR INFORMATION, WHETHER ORAL AND/OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH YOUR ACCESS TO AND/OR USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. COMPANY MAKES NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR: (i) CONTENT POSTED BY ANY USER OF THE SERVICES OR THIRD PARTY, (ii) ANY THIRD-PARTY WEBSITE, THIRD-PARTY SERVICES LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SERVICES, INCLUDING ANY THIRD-PARTY SERVICES INTEGRATED INTO THE SERVICES, (iii) THE QUALITY OR CONDUCT OF ANY THIRD PARTY OR USER YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICES, AND/OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES.
YOUR USE OF THE SERVICES AND CONTENT IS AT YOUR OWN RISK. IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS AND/OR OTHER REPRESENTATIVES BE LIABLE TO YOU AND/OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA AND/OR PROFITS, WHETHER OR NOT FORESEEABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY, AND/OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING SHALL APPLY DESPITE ANY NEGLIGENCE, MISCONDUCT, ERRORS AND/OR OMISSIONS BY COMPANY, ITS EMPLOYEES, REPRESENTATIVES AND/OR AGENTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION AND/OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL AND/OR INCIDENTAL DAMAGES, IN SUCH STATES, COMPANY’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, IN THE EVENT YOU ARE DISSATISFIED WITH THE SERVICES, RELATED SERVICES AND/OR HAVE ANY OTHER GRIEVANCE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE THE RIGHT TO DISCONTINUE ACCESS TO AND/OR USE OF THE SERVICES.
COMPANY’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES IS LIMITED TO THE FEES PAID OR PAYABLE BY YOU TO COMPANY DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Third Party Content. Company may provide access to content provided by third parties, including, without limitation, information, dialogue, opinions, stories, advice, statistical data, text, software, music, sound, photographs, graphics, video, messages, and other materials, whether publicly or privately posted to or otherwise transmitted through the Services (“Third-Party Content”). The third party from whom or which any such Third-Party Content originates is solely responsible for it and Company assumes no responsibility to verify, has no control or influence over, makes no representations regarding, and does not guarantee the accuracy, integrity, or quality of any Third-Party Content. Accordingly, Company does not control or endorse such Third-Party Content and has no liability of any kind to you or any third party for any Third-Party Content. Statements of opinion and commentary in Third-Party Content are those of the third party and not necessarily those of Company.
Linked Sites. The Services may provide links to various other independent third-party websites (“Linked Sites”) that may be of interest to you and are for your convenience only. Company does not control or endorse such Linked Sites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice and/or statements contained within such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites at your own risk. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each Linked Site that you visit. Company reserves the right to terminate any link or linking program at any time.
Third-Party Services. If you use any third-party service, including third-party software, integrated into the Services, you agree to abide by and are bound by the terms and conditions of such third party, and you agree that Company shall have no liability for any loss, injury, or damage arising from such third-party services.
The Services are for informational purposes only and are not intended to provide professional advice, including, but not limited to, medical, legal, financial, or other professional advice. You should consult your own professional advisors for any such advice.
Company respects the intellectual property of others and expects users of the Services to do the same. Company may, at its sole discretion, remove content that infringes copyright or other intellectual property rights. If you believe any content on the Services infringes your copyright, you should follow the procedure outlined in the Digital Millennium Copyright Act (“DMCA”) for submitting a copyright infringement notice to Company. All notices should be sent to:
Informal Resolution. You agree to first attempt to resolve any dispute or claim arising out of or relating to these Terms or your use of the Services informally by contacting Company’s customer support.
Arbitration. If you are unable to resolve the dispute within thirty (30) days, the dispute must be resolved by binding arbitration under the rules of the American Arbitration Association (AAA), and you hereby waive any right to a jury trial. The arbitration shall take place in Cook County, Illinois, unless otherwise agreed. The prevailing party in any arbitration will be entitled to reasonable attorney’s fees and costs.
Opt-Out of Arbitration. You may opt out of this arbitration provision by sending a written notice to Company within thirty (30) days of agreeing to these Terms.
The Services are intended for use in the United States. If you access or use the Services from outside the United States, you do so at your own risk and are responsible for complying with local laws.
If you use the Services via a mobile device, your wireless carrier’s standard data rates and fees may apply.
If you are a California resident, you may contact Company at [email protected] regarding any complaints or questions related to pricing, the Services, or your rights under the California Consumer Privacy Act (CCPA).
You may not assign these Terms, in whole or in part, without the prior written consent of Company. Company may assign these Terms to its affiliates or successors at any time without notice to you.
Company will not be held liable for any failure to perform its obligations under these Terms due to causes beyond its reasonable control, including, without limitation, acts of God, natural disasters, pandemics, strikes, and government actions.
Severability. If any part of these Terms is found to be invalid, the remaining provisions shall remain in full force and effect.
Governing Law. These Terms are governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of laws provisions. Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts in Cook County, Illinois.
Entire Agreement. These Terms, along with the Privacy Notice, constitute the entire agreement between you and Company regarding the use of the Services.
If you have any questions or concerns about these Terms, please contact us at: [email protected]
1 E Erie St.
Suite 525-3609
Chicago, IL 60611
Phone:
(872) 529-5883
Sales:
[email protected]
Support:
[email protected]
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