Terms of Use & Disclaimer

Effective date: July 16th, 2016

Last Update: February 17th, 2017

You can check out our “Basic Rules” for a more informal guide to using our website.

TERMS OF USE AGREEMENT FOR CODE44 AND ANY SERVICE OR WEBSITE OWNED BY CODE44

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING “THE SITE” (CODE44.TECHNOLOGY). BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. CODE44 (CODE44.TECHNOLOGY) MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.

The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Code44 (https://code44.technology), its affiliates or other third party licensors.

YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE WITHOUT SIGNED CONSENT.

You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Code44 a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to Code44 (Michael@code44.technology) by all means and in any media now known or hereafter developed. You also grant to Code44 the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Code44 for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Code44.

TRADEMARKS.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of Code44 (https://code44.technology). Other product, company names, and logos mentioned in the Site may be the trademarks of their respective owners, thus their use is also prohibited without proper signed consent.

2. Use of the Site.

You understand that, except for information, products or services clearly identified as being supplied by Code44, Code44 does not operate, control or endorse any information, products or services on the Internet in any way. Except for https://code44.technology-identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with Code44. You also understand that Code44 cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. CODE44 (CODE44.TECHNOLOGY) PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND CODE44 (CODE44.TECHNOLOGY) SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. CODE44 (CODE44.TECHNOLOGY) DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. CODE44 (CODE44.TECHNOLOGY) HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

LIMITATION OF LIABILITY
IN NO EVENT WILL CODE44 (CODE44.TECHNOLOGY) BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF CODE44 (CODE44.TECHNOLOGY) OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, CODE44 (CODE44.TECHNOLOGY) LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Code44 (code44.technology) makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-https://code44.technology web site, please understand that it is independent from https://code44.technology, and that Code44 has no control over the content on that web site. In addition, a link to a https://code44.technology web site does not mean that Code44 endorses or accepts any responsibility for the content, or the use, of such web site.

3. Indemnification.

You agree to indemnify, defend and hold harmless Code44 (code44.technology), its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

4. Third Party Rights.

The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of https://code44.technology and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

5.Term; Termination.

This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.

6.Miscellaneous.

This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between Code44 (code44.technology) and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Code44’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Code44 may assign its rights and duties under this Agreement to any party at any time without notice to you.

MEMBERS QUALIFICATIONS
No representation is made that the quality of the practices and/or services to be performed by Code44 members and/or clients is greater than the quality of same practices and/or services performed by others.

JURISDICTIONAL ISSUES
Unless otherwise specified, the materials in a Code44 website and code44.technology are presented solely for the purpose of education in the United States. This site is controlled and operated by Code44 from its offices within the State of Florida, United States of America. Code44 makes no representation that materials in this site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

This agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Code44 bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the State or Federal Courts located in Orlando or Tallahassee, Florida and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Code44.

Code44 ANTI-SPAM POLICY
Code44 prohibits the use of the Code44 website and services in any manner associated with the transmission, distribution or delivery of any unsolicited bulk or unsolicited commercial email (“Spam”). You may not use the Code44 website and services to send Spam. You also may not deliver Spam or cause Spam to be delivered to any of Code44’s Services or customers.

In addition, email sent, or caused to be sent, to or through the Code44 website and services may not:

  • Use or contain invalid or forged headers.
  • Use or contain invalid or non-existent domain names.
  • Employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path.
  • Use other means of deceptive addressing.
  • Use a third party’s internet domain name, or be relayed from or through a third party’s equipment, without permission of the third party.
  • Contain false or misleading information in the subject line or otherwise contain false or misleading content.
  • Fail to comply with additional technical standards described below.
  • Otherwise violate the applicable Terms of Use for the Code44 website and services.

Code44 does not authorize the harvesting, mining or collection of email addresses or other information from or through the Code44 website and services. Code44 does not permit or authorize others to use the Service to collect, compile or obtain any information about Code44’s customers or subscribers, including but not limited to subscriber email addresses, which are Code44’s confidential and proprietary information. Use of the Code44 website and services is also subject to the applicable Privacy Statement and Terms of Use.

Code44 does not permit or authorize any attempt to use the Code44 website and services in a manner that could damage, disable, overburden or impair any aspect of any of the Code44 website and services, or that could interfere with any other party’s use and enjoyment of any service.

If Code44 believes that unauthorized or improper use is being made of any Service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. Code44 may immediately terminate any account on any Service which it determines, in its sole discretion, is transmitting or is otherwise connected with any email that violates this policy.

Nothing in this policy is intended to grant any right to transmit or send email to, or through, the Code44 website and services. Failure to enforce this policy in every instance does not amount to a waiver of Code44’s rights.

Unauthorized use of the Code44 website and services in connection with the transmission of unsolicited email, including the transmission of email in violation of this policy, may result in civil, criminal, or administrative penalties against the sender and those assisting the sender. The CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act) establishes requirements for those who send commercial email, spells out penalties for spammers and companies whose products are advertised in spam if they violate the law, and gives consumers the right to ask emailers to stop spamming them.

Any rights not expressly granted herein are reserved.