Last Updated: 2017 December 12
version 1.2 RC
These terms and conditions (“Terms”) are effective immediately and govern your access to and use of the services provided by the websites and/or mobile applications of Code Truck LLC ("Code Truck") that link to or reference these Terms (our “Website and/or Mobile Services”). By accessing or using the Website and/or Mobile Services, you are agreeing to these Terms and are concluding a legally binding contract with Code Truck. DO NOT access or use the Website and/or Mobile Services if you are unwilling, unauthorized or unable to be bound by these Terms.
“You” and “your” refer to you, as a user of the Website and/or Mobile Services. A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Website and/or Mobile Services. “Code Truck”, “we”, “our”, and “us” refer to Code Truck LLC.
“Content” means text, documents, images, photos, audio, video, location data and all other forms of data, information or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Website and/or Mobile Services. “User Content” means Content that users submit or transmit to, through, or in connection with the Website and/or Mobile Services. “Code Truck Content” means Content that we create and make available in connection with the Website and/or Mobile Services. “Third Party Content” means Content that originates from parties other than Code Truck or its users, which is made available in connection with the Website and/or Mobile Services. “Site Content” means all of the Content that is made available in connection with the Website and/or Mobile Services, including Your Content, User Content, Third Party Content and Code Truck Content.
We may modify, revise, amend or change the Terms from time to time at our sole discretion. You understand and agree that your access to or use of the Website and/or Mobile Services is governed by the Terms that are effective at the time of your access to or use of the Website and/or Mobile Services. We will also indicate at the top of these Terms the date that revisions were last made. You acknowledge and agree that you will review these Terms on a regular basis and acknowledge that revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You acknowledge and agree that your continued access to or use of the Website and/or Mobile Services after modifications to the Terms indicates your acceptance of and agreement to be bound by the modified and last updated Terms.
We may translate these Terms into other languages for convenience. Nevertheless, the English version governs your relationship with Code Truck, and any inconsistencies among the different versions will be resolved in favor of the English version.
To access or use the Website and/or Mobile Services, you must be 18 years old or older and have the requisite power and authority to enter into these Terms. You may not access or use the Website and/or Mobile Services if we have previously banned you from the Website and/or Mobile Services.
We grant you a personal, non-commercial, non-transferrable, non-exclusive and temporary license to use the Website and/or Mobile Services subject to the restrictions in these Terms. Your use of the Website and/or Mobile Services is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, otherwise inappropriate or that you don’t agree with.
The Website and/or Mobile Services may be revised, amended, modified, updated, interrupted, suspended or discontinued at our sole discretion at any time without notice or liability.
You may choose to provide certain information about yourself in order to enable us to create an account (the “Account”) for your use and so that you may use certain features that may be offered through the Website and/or Mobile Services. You are responsible for maintaining the confidentiality of the Account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur in connection with the Account or your password. You agree to notify us immediately if you believe there has been any unauthorized use of the Account or your password or other breach of security relating to the Website and/or Mobile Services. Except as otherwise provided for by law, Code Truck will not be liable for any loss that you may incur as a result of someone else using your password or the Account, either with or without your knowledge. However, you could be held liable for losses incurred by Code Truck or another party due to someone else using your password or the Account. You may not use anyone else’s account at any time, without the permission of the account holder. We reserve the right to close the Account at our sole discretion at any time for any or no reason without notice.
By using the Website and/or Mobile Services, requesting that we create the Account, or sending emails to us, you are communicating with us electronically. You agree that your communications, including but not limited to messages and information that you publicly display or are displayed in the Account profile, constitute a part of Your Content. You consent to receive communications from us or other Users electronically in connection with the Website and/or Mobile Services. You can opt-out of non-essential communications by contacting firstname.lastname@example.org. We will communicate with you by e-mail or by posting notices on our Website and/or Mobile Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not claim or imply that Your Content is in any way sponsored or endorsed by Code Truck.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any statute, law or regulation.
We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). You hereby grant to us a perpetual, irrevocable, worldwide, fully paid up, transferable, non-exclusive right and license to exploit Your Content and all elements thereof, in any and all media, formats and forms, known now or hereafter devised. We shall have the unlimited and permanent right to copy, duplicate, reproduce, fix, modify, adapt, translate, reformat, prepare derivatives, add to and delete from, rearrange and transpose, manufacture, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, provide access to, broadcast, and practice Your Content as well as all modified and derivative works thereof and any and all elements contained therein, and use or incorporate a portion or portions of Your Content or the elements thereof in conjunction with or into any other material. To the extent permitted by applicable laws, you hereby waive the benefit of any provision of law known as “moral rights” or “droit moral” of paternity, publication, reputation or attribution or any similar law in any country of the world and you hereby waive any moral rights you may have in any of Your Content. You represent and warrant that Your Content does not infringe upon the copyright, trademark, patent, trade secret or other intellectual property rights of any third party. You further represent and warrant that Your Content will not use or contribute anything that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, bigoted, sexist or otherwise objectionable or inappropriate or that displays intolerance, bigotry or discrimination based on race, religion, color, creed, gender, nationality, ethnicity, sexual preference, sexual orientation, are otherwise hateful or offensive or identifies or suggests the identity of a public figure. We may remove any Your Content and any related content or elements from the Account or our Website and/or Mobile Services at any time, at our sole discretion and without notice to you. You agree that we have no obligation to retain or to provide you with copies of Your Content. You agree that if you use the Account, Website and/or Mobile Services outside of the United States that we may cause Your Content to be transferred to and processed in the United States. You acknowledge that our right and license to Your Content above shall survive any termination of the Terms.
You also agree to, and hereby do, irrevocably grant the users of the Website and/or Mobile Services and any Other Media the right to access and use Your Content in connection with their use of the Website and/or Mobile Services and any Other Media. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
As between you and Code Truck, you own Your Content. We own the Code Truck Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software and all other elements and components of the Website and/or Mobile Services excluding Your Content, User Content and Third Party Content. In particular, Code Truck makes no claim to Third Party Content from any government entity. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the Code Truck Content and the Website and/or Mobile Services, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Code Truck Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Website and/or Mobile Services and the Code Truck Content are retained by us.
Code Truck and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change at any time at our sole discretion and without notice to you.
User Content (including any that may have been created by users employed or retained by Code Truck) does not necessarily reflect the opinion of Code Truck. We reserve the right to remove, screen, edit, or reinstate Your Content and any other User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove Your Content and any other User Content if we believe it violates our Content Guidelines. We assume no obligation to regularly review User Content. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
We are under no obligation to enforce the Terms on your behalf against another user. Although we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
You agree not to, and will not assist, encourage, or enable others to use the Website and/or Mobile Services to:
You also agree not to, and will not assist, encourage, or enable others to:
Each and every one of the restrictions above apply to you only to the extent not precluded under applicable law. If a restriction above is precluded by, or is permissible pursuant to, applicable law, you agree not to act contrary to such restriction without providing 30 days’ prior written notice to us at email@example.com, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
You represent that you have read and understood our Content Guidelines, as follows. Code Truck reserves the right to determine in its sole discretion whether Content is appropriate for the Website and/or Mobile Services. Inappropriate Content includes but is not limited to:
If you use the Website and/or Mobile Services outside of the United States, you consent to having your personal data transferred to and processed in the United States.
Code Truck respects the intellectual property of others and we expect that you will also. We will respond reasonably promptly to concerns about alleged infringement. If you believe that your work has been used in a way that constitutes copyright infringement, you may submit a notice to our Copyright Agent under the Digital Millennium Copyright Act ("DMCA"). Your DMCA notice must be in writing and provide us with the following information (see 17 U.S.C. Section 512(c)(3)(A)):
You may direct DMCA notices of copyright infringement to our Copyright Agent, c/o Code Truck LLC, 3301 3rd Street South, Jacksonville Beach, FL 32250, email: firstname.lastname@example.org, phone: 904 536 2177. You may only use this procedure to notify Code Truck about matters related to alleged copyright infringement in connection with the DMCA. Our Copyright Agent will not respond to communications that are not relevant to the foregoing. You agree that your failure to comply with all of the DMCA notice requirements listed above may invalidate your DMCA notice. Any other questions, comments, feedback or requests for information or help should be directed to email@example.com.
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 DMCA counter-notice to our Copyright Agent in writing which provides us with the following information (see 17 U.S.C. 512(g)(3)):
You agree that your failure to comply with all of the DMCA counter-notice requirements listed above may invalidate your DMCA counter-notice. If our Copyright Agent receives a DMCA counter-notice, we may send a copy of the counter-notice to the party who sent us the original DMCA notice and further inform that party that we may replace the removed Content or cease disabling it in 10 business days. Unless our Copyright Agent has received notice that the copyright owner has filed an action seeking a court order to restrain the Content provider, subscriber, member or user from engaging in infringing activity relating to the removed Content, such removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the DMCA counter-notice, at Code Truck's sole discretion.
In addition to these Terms, the End User License Agreement that accompanies any software that Code Truck has provided to you applies to that software (including any updates, patches or upgrades to the software and any related documentation).
You may choose to send us ideas, suggestions, documents or proposals (“Feedback”). You agree that such Feedback constitutes a part of Your Content that is subject to our rights of use established in Section 5 above. You also agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, and (iii) we may have something similar to the Feedback already under consideration or in development.
The Website and/or Mobile Services may include links to other websites or applications (each, a “Third Party Site”). We do not control or endorse any Third Party Site. You agree that we are not responsible for the accuracy, availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk. Some of the services made available through the Website and/or Mobile Services may be subject to additional third party or open source licensing terms and disclosures.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CODE TRUCK, OUR LICENSORS AND EACH OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AFFILIATES AND CONTRACTORS (COLLECTIVELY, THE “CODE TRUCK ENTITIES”) FROM ANY CLAIMS BY THIRD PARTIES FOR LOSS, INJURY, DAMAGE, EXPENSE OR COST (INCLUDING REASONABLE ATTORNEYS’ FEES AND DISBURSEMENTS) INCURRED BY THE CODE TRUCK ENTITIES RELATING TO OR ARISING OUT OF: A) YOUR ACCESS TO OR USE OF THE ACCOUNT, THE WEBSITE AND/OR THE MOBILE SERVICES; B) YOUR VIOLATION OF THE TERMS; C) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED BY YOU IN CONNECTION WITH THE WEBSITE AND/OR MOBILE SERVICES; OR D) THE INFRINGEMENT BY YOU, OR ANY THIRD PARTY USING THE ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY INCLUDING WITHOUT LIMITATION THIRD PARTY CLAIMS FOR CONSEQUENTIAL, PUNITIVE AND/OR INCIDENTAL DAMAGES, TO THE EXTENT THAT SUCH THIRD PARTY CLAIMS ARE NOT PROHIBITED BY APPLICABLE LAW. You agree that your obligation to indemnify the Code Truck Entities shall be broadly construed. You agree that Code Truck reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to provide the indemnity above and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Code Truck. Code Truck will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. You agree that the provisions of the Terms that require an indemnity from you and limit liability constitute essential provisions of the Terms.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT LIMITS THE LIABILITY OF THE CODE TRUCK ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A QUALIFIED ATTORNEY OR CONSUMER RIGHTS ORGANIZATION PRIOR TO ACCESSING OR USING THE ACCOUNT, WEBSITE AND/OR MOBILE SERVICES. BY ACCESSING OR USING THE ACCOUNT, WEBSITE AND/OR MOBILE SERVICES, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
A. THE ACCOUNT, WEBSITE AND/OR MOBILE SERVICES IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE CODE TRUCK ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE ACCOUNT, WEBSITE AND/OR MOBILE SERVICES IS AT YOUR OWN DISCRETION AND RISK. THE CODE TRUCK ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE ACCOUNT, WEBSITE AND/OR MOBILE SERVICES, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, THE CODE TRUCK ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE WEBSITE AND/OR MOBILE SERVICES’S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE INFORMATION AND CONTENT FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE ACCOUNT, WEBSITE AND/OR MOBILE SERVICES.
B. THE CODE TRUCK ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY OR THE ACCOUNT, WEBSITE AND/OR MOBILE SERVICES’S USERS. ACCORDINGLY, THE CODE TRUCK ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE ACCOUNT, WEBSITE AND/OR MOBILE SERVICES IS AT YOUR OWN DISCRETION AND RISK.
C. THE CODE TRUCK ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE CODE TRUCK ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
D. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE ACCOUNT, WEBSITE AND/OR MOBILE SERVICES, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE ACCOUNT, WEBSITE AND/OR MOBILE SERVICES.
E. THE CODE TRUCK ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE ACCOUNT, WEBSITE AND/OR MOBILE SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THEM, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF THE CODE TRUCK ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, SO SOME OR ALL OF THIS THIS LIMITATION MAY NOT APPLY TO YOU. You agree that in no event shall the Code Truck Entities’ total liability to you for all damages exceed the amount that you paid to the Code Truck Entities in connection with the Account, Website and/or the Mobile Services for the four (4) month period prior to the first occurrence of the facts or circumstances which would have provided an objectively reasonable person with notice of the existence of, or the basis for, your claim and dispute with the Code Truck Entities. If you have multiple related claims, you agree that they shall be treated as one single claim for purposes of determining when the claims arose. You agree that if you made no payments to the Code Truck Entities within the above-described four month period relating to the Account, Website and/or Mobile Services, then in no event shall the Code Truck Entities’ total liability to you for all damages exceed the amount of one dollar (US $1.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You acknowledge and agree that if you believe that you have a claim against the Code Truck Entities arising from a dispute with us, you will first make a reasonable attempt to resolve the claim and dispute informally by contacting us at firstname.lastname@example.org. You agree that if you do not contact us to informally resolve such a claim and dispute within forty five (45) days of the first occurrence of the facts or circumstances which would have provided an objectively reasonable person with notice of the existence of, or the basis for, your claim and dispute, you and your agents, heirs and assigns forever and irrevocably release and hold the Code Truck Entities harmless from any and all claims and causes of action that relate to or arise from the facts and circumstances giving rise to your claim and from the dispute. If you have multiple related claims, you agree that they shall be treated as one single claim for purposes of determining when the claims arose. You and Code Truck both agree to respond to each other reasonably promptly during the period of informal claim and dispute resolution. In the event that you and Code Truck are unable to resolve your claim and dispute after attempting to do so informally for ninety (90) days, you agree:
1) THAT YOUR CLAIM AND DISPUTE SHALL BE SUBJECT TO ARBITRATION IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION WITH EACH PARTY TO BEAR THEIR OWN COSTS AND ATTORNEYS’ FEES, WITH THE ARBITRATION TO TAKE PLACE IN THE CITY OF NEW YORK, AND THAT NEITHER YOU NOR WE SHALL HAVE THE RIGHT TO SEEK PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES IN THE ARBITRATION; and
2) THAT YOU HEREBY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, OR TO SEEK JURY REVIEW AT A TRIAL, OF YOUR CLAIM OR THE DISPUTE.
You agree that in the event that such a claim and dispute has become subject to arbitration pursuant to this paragraph but are not in fact submitted for arbitration within forty five (45) days of having become subject to arbitration, you and your agents, heirs and assigns forever and irrevocably release and hold the Code Truck Entities harmless from any and all claims and causes of action that relate to or arise from the facts and circumstances giving rise to your claim and from the dispute. You acknowledge and agree that the Code Truck Entities may seek to enforce their rights and remedies for any claims or causes of action against you relating to the Account, the Website and/or Mobile Services in any court of competent jurisdiction and that such claims and causes of action are not subject to arbitration. No failure to exercise, no delay in exercising, and no single or partial exercising of, any right or power under the Terms shall constitute or operate as a waiver thereof or preclude any further exercise of any right or power under the Terms.
A. You may terminate the Terms at any time by closing the Account, discontinuing your use of the Website and/or Mobile Services, and providing Code Truck with a notice of termination at email@example.com.
B. We may close the Account, suspend your ability to use certain portions of the Website and/or Mobile Services, and/or ban you temporarily or permanently altogether from the Website and/or Mobile Services for any or no reason at our sole discretion, and without notice or liability of any kind. Any such action could prevent you from accessing the Account, the Website and/or Mobile Services, Your Content, Site Content, or any other related information. You acknowledge and agree that any duties or obligations that you incurred under the Terms while they were binding on you shall survive the termination of the Terms as they relate to you until such obligations are fully and completely discharged by you. Termination of the Terms shall not affect or limit any of our rights at law or in equity that arose while the Terms were in effect with respect to you.
C. In the event of any termination of these Terms, whether by you or us, Sections 1, 3 and 5 - 15 will continue in full force and effect, including our right to use Your Content as detailed in Section 5.
A. We reserve the right to modify, update, or discontinue the Website and/or Mobile Services at our sole discretion, at any time, for any or no reason, and without notice or liability.
B. You agree that we may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Website and/or Mobile Services.
C. Except as otherwise stated in these Terms, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
D. The Terms contain the entire agreement between you and us regarding the use of the Account, Website and/or Mobile Services, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
E. Any failure on Code Truck’s part to exercise or enforce any right or provision of the Terms, in whole or in part, does not constitute a waiver of such right or provision or the future exercise thereof. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
F. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
G. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Code Truck’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
H. The section titles in the Terms are for convenience only and have no legal or contractual effect.