Terms of Service Agreement
Read This Terms of Service Agreement Before Accessing Website.
Effective Date: This Terms of Service Agreement was last updated on July 31st, 2009.
This Terms of Service Agreement sets forth the standards of use of the MyCodeTeacher, LLC doing business as MyCodeTeacher LLC via www.mycodeteacher.com Online Service for Registered Members. By using the MyCodeTeacher website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update these terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the mycodeteacher.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Description of Service
MyCodeTeacher, LLC hereafter referred to as MyCodeTeacher is providing the end-user hereafter referred to as the “Member” with knowledge in multiple computer languages demonstrated online through videos. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection.
2. Disclaimer of Warranties.
The site is provided by MyCodeTeacher on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, MyCodeTeacher makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. MyCodeTeacher shall have no liability for any interruptions in the use of this Website. MyCodeTeacher disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
3. Limitation of Liability
MYCODETEACHER SHALL NOT be liable for any damages whatsoever, and in particular MYCODETEACHER shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if mycodeteacher has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
4. Indemnification
Member agrees to indemnify and hold MyCodeTeacher, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
5. Members Account
All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify MyCodeTeacher of any unauthorized use of Member’s account or any other breach of security known or should be known to the Member. Member’s right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of MyCodeTeacher.
6. Modifications and Interruption to Service
MyCodeTeacher reserves the right to modify or discontinue the Service with or without notice to the Member. MyCodeTeacher shall not be liable to Member or any third party should MyCodeTeacher exercise its right to modify or discontinue the Service. Member acknowledges and accepts that MyCodeTeacher does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
7. Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that MyCodeTeacher is not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you, the Member, have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.
8. Governing Jurisdiction of the Courts Wisconsin
Our website is operated and provided in the State of Wisconsin. As such, we are subject to the laws of the State Wisconsin, and such laws will govern this Terms of Service, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Wisconsin.
9. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
10. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2009 mycodeteacher.com, will all rights reserved, or is the property of MyCodeTeacher and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of MyCodeTeacher is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of MyCodeTeacher.
MyCodeTeacher™ and mycodeteacher.com™ are proprietary marks of MyCodeTeacher.com. MyCodeTeacher’s trademarks may not be used in connection with any product or service that is not provided by MyCodeTeacher, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MyCodeTeacher.
All other trademarks displayed on MyCodeTeacher’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with MyCodeTeacher.
11. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, MyCodeTeacher.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail:
MyCodeTeacher LLC
7606 6th Avenue
Kenosha, WI
53143
By Email: support@mycodeteacher.com
12. Reasonable Termination of Registered Accounts
MyCodeTeacher retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, MyCodeTeacher reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
13. No Guaranteed Amount of Videos per Week
MyCodeTeacher has no warranties or guarantees that our 3rd party developers will be able to launch new videos weekly. Under no circumstances (1) may the Member receive refunds based on the amount of service, if any, received by our updates to our video/and/or knowledge database. UNDER NO CIRCUMSTANCES (2) IS MYCODETEACHER RESPONSIBLE FOR REFUNDING OUR MEMBERS BASED ON WORK COMPLETED.
14. Billing & Recurring Payments
In order to use MyCodeTeacher as a service, you must pay a membership unless otherwise stated during the sign-up process or by usage of a legitimate coupon code receivable by MyCodeTeacher, or authorized 3rd parties. The Member hereby agrees that MyCodeTeacher is given full permission to authorize the Member’s credit card for each billing period as specified during the signup process and every billing period that follows. The member also agree MyCodeTeacher may authorize their card immediately after signing up for a billing period plus applicable taxes, if necessary. If the Member wishes to cancel their billing agreement, he/she may do so by sending a support ticket to our website to support@mycodeteacher.com or by cancelling in their personal profile. You agree that MyCodeTeacher has the authority to store the Member’s personal financial information as entered during the signup process.
15. Email Address Usage
In order to keep in contact with the Member, MyCodeTeacher must have the Members most recent email address on file. Usage of the email address will consist of (1) notifying the member of 3rd party contact for their services. (2) Notifying the member of account changes. (3) Notifying the member of company chances. (4) Notifying the member of new auditions or opportunities regarding 3rd party interacting. (5) Notifying the member of promotions or discounts offered by MyCodeTeacher and (6) Notifying the member of upcoming downtime/site maintenance. The member agrees that the failure to deliver emails based on server downtime is by no means the fault of MyCodeTeacher and agrees to hereby hold MyCodeTeacher harmless as stated in Indemnification at #4.
16. Site Downtime
The Member hereby agrees that MyCodeTeacher will be held harmless as stated in Indemnification at #4 for any site downtime.
17. Video Requests
The Member hereby agrees that MyCodeTeacher offers no guaranteed responses to video questions. The Member also agrees that responses received from MyCodeTeacher employees/and/or 3rd party developers are in no way shape or form guaranteed to be (1) accurate, or (2) the most efficient way of solving a solution to a given question. Therefore, the Member hereby agrees to hold MyCodeTeacher harmless as stated in Indemnification at #4. MyCodeTeacher.com reserves the right to decline any video requests for any reason. No refunds will be given based on video requests not being approved. The Member hereby agrees that any video requests shall be for learning purposes of a specific topic and NOT a personal project. MyCodeTeacher.com reserves the right to terminate any account, with no refunds, that may spam our system with video requests for personalized projects.
18. Other Terms
If any provision of this Terms of Service Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Service Agreement and any other agreements referenced herein may be assigned by MyCodeTeacher, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Service Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Service Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
19. Refunds
Due to the nature of our content, no refunds will be given after the member has been charged. Under extreme circumstances, and under management discretion, a refund *may* be given.
20. Code-Level Technical Support
Code-Level Technical Support is an additional feature the member may receive. MyCodeTeacher is not responsible for offering this service towards the user's individual/personal projects. However, the user *may* use this service for any questions related to MyCodeTeacher video tutorials.
21. Unauthorized Claims/Paypal Disputes
In the event that a member claims a PayPal or bank dispute for any reason other than an Unauthorized charge and after receiving access to our content, MyCodeTeacher, LLC reserves the right to charge a $25 fee to the user's account and call a collection agency in the event this fee is not paid. In addition, the Member's account will be immediately terminated.