Centercode Website Terms of Use

Centercode, Inc. owns and operates each website (each, a “Centercode Site”) that links to these Website Terms of Use (the “User Terms”). We want you to have a safe and positive experience on the Centercode Sites. Please take a moment to review these User Terms which govern your use of Centercode.com and any other website that links to these User Terms. By accessing and using the Centercode Sites, or providing content to us to post on the Centercode Sites, you agree to these User Terms.

Among other things, these User Terms form a contract between you and us. The User Terms:

• Govern your access and use of the Centercode Sites, including the limitation of our liability to you and our disclaimer of warranties;
• Contain our rules for acceptable use of the Centercode Sites that you must follow;
• Contain your promises about the data that you post or ask us to post on the Centercode Sites;
• Explain that the Centercode Sites and information and downloads available through these sites, including sample contracts, do not constitute legal advice, are not suited to any particular situation or jurisdiction’s laws, and should not be relied on as a substitute for consulting with an experienced attorney;
• Describe our rights to our intellectual property;
• Describe our rights to feedback and suggestions you provide to us;
• Describe our remedies in the event you violate these User Terms;
• Describe the Digital Millennium Copyright Act process; and
• Direct you to the privacy policies that apply to you.

The terms “we,” “our,” and “us” in these User Terms refer to Centercode, Inc. We reserve the right to modify these User Terms at any time without prior notice. Your use of the Centercode Sites after any modification constitutes your agreement to be bound by the modified User Terms.

Our relationship with our Centercode business customers is governed by our written agreements with these customers, and these User Terms do not modify or supplement any written agreement we have with a business customer.

These User Terms do not apply to our customers’ end-users on Centercode’s cloud-based software as a service platform known as the Centercode Platform. These Centercode Platform end users are subject to the Centercode Platform Terms of Use For End Users. These User Terms do not apply to visitors to Betabound.com or members of my.Betabound.com. These Betabound visitors and users are subject to the Betabound Terms of Use.

You are permitted to use the Centercode Sites and the content and information available through these sites solely for non-commercial purposes or to learn about our services, and solely in compliance with these User Terms.

Some Centercode Sites have an account creation feature (e.g. our training platform). When creating an account, you represent that you are who you say you are and that you have not submitted fictitious, false, or inaccurate information about yourself.

To help ensure a safe and productive experience, visitors to the Centercode Sites must comply with the following “Acceptable Use Policy.” If we believe a violation of the policy is deliberate, repeated, or presents a credible security risk or risk of harm to other users, our services, our customers, the Centercode Sites, or any third parties, we may suspend or terminate your access with or without notice.

Do:

• comply with all User Terms and this Acceptable Use Policy;
• comply with all applicable laws and governmental regulations, including, but not limited to, all intellectual property, data, privacy, and export control laws, and regulations promulgated by any government agencies; and
• promptly notify us if you become aware of or reasonably suspect any illegal or unauthorized activity.

Do not:

• upload or share data, files, and information (or provide to us to upload such information) if you do not own all required rights to do so under law and under contracts that apply to you (such as nondisclosure agreements);
• supply any information that may infringe upon or misappropriate someone else’s trademark, copyright, or other intellectual property rights;
• supply data, or a link that contains or redirects to a location that stores or transmits data, that is obscene, threatening, harassing, libelous, false, defamatory, tortious, offensive, pornographic, or unlawful;
• upload to, or transmit from a Centercode Site, or provide to us so that we might upload or transmit from a Centercode Site, any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful script, file, agent, program, or component, or any technology that unlawfully accesses, downloads, or blocks owner access to, content or information stored within a Centercode Site, on the hardware of Centercode or its service providers, or on the hardware of any third party;
• reverse engineer, decompile, hack, access or discover source code, disable, interfere with, disassemble, modify, copy, create a derivative work from, translate, or disrupt the features, functionality, integrity, or performance of a Centercode Site or any data contained in these sites (including any mechanism used to restrict or control the functionality of these sites);
• gain unauthorized access to a Centercode Site or related systems or networks or to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection or monitoring mechanisms of these sites;
• access a Centercode Site in order to build a similar or competitive product or service or copy any content, ideas, features, functions, or graphics of a Centercode Site;
• use a Centercode Site in any manner that may harm minors or violate applicable law governing the collection of personal data regarding minors;
• impersonate any person or entity, including, but not limited to, an employee of ours, or falsely state or otherwise misrepresent your affiliation with a person, organization, or entity;
• use any Centercode Site or our services or content to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act or other laws and regulations concerning national security, defense or terrorism;
• access, search, or create accounts for any Centercode Site by any means other than using our publicly supported interfaces in compliance with our User Terms (for example, “scraping” or creating accounts in bulk);
• send unsolicited communications, promotions, advertisements, or spam;
• send altered, deceptive, or false source-identifying information, including “spoofing” or “phishing”;
• abuse referrals, incentives, or promotions to get more credits than deserved;
• use, create lists of, or share contact or other user information (including email addresses, names, or usernames) obtained from your interactions in, and use of any Centercode Site; or
• attempt to do any of the above, or authorize, permit, enable, induce or encourage any third party to do any of the above.

If you see inappropriate behavior or content, please report it immediately to security@centercode.com.

You represent that you have all right, title, and interest to all content you post on or provide through any Centercode Site, or that you provide to us to post on any Centercode Site (“User Content”), including that you have any authorization, consent, or license from any third party that is necessary for you to provide or post the User Content. You represent that the User Content does not violate or infringe any intellectual property right, including but not limited to copyright, patent, trademark, trade secret, privacy, publicity, moral right, or other intellectual property right. You represent that providing the User Content to us or posting the User Content will not constitute the breach of any agreement you have with any other person or entity (for example, a nondisclosure or proprietary rights agreement). You agree that you will not provide User Content (including by providing a link that contains or redirects to another location) that is obscene, threatening, harassing, libelous, false, defamatory, tortious, offensive, pornographic, fraudulent, or unlawful. You represent and warrant that all User Content complies with these User Terms.

Your use of the Centercode Sites is subject to the Centercode Privacy Policy.

The Centercode Sites and the Downloaded Content are based on proprietary technology and content owned by Centercode, Inc. or its licensors (if any). These sites and their content are protected by intellectual property laws, including copyright and trademark laws, and all intellectual property (including content) in these sites belongs to us or our licensors (if any). Except as we specifically allow, you may not copy, reproduce, modify, publish, share, sell, lease, rent, transmit, or create derivative works based on the Centercode Sites, and the content on these sites.

You agree that we may use and incorporate into the Centercode Sites any suggestion or other feedback you provide, without payment or condition.

The Centercode Sites and emails that come from Centercode may contain links to other websites on the Internet. We are not responsible or liable for these third-party websites or the content on these websites. If you use these links to third party websites, you will leave our sites and be subject to the terms of use and privacy policies that apply to those third-party websites.

The Centercode Sites offer opportunities to download (or have sent to you via email) content (“Downloaded Content”). We cannot and do not guarantee or warrant that Downloaded Content will be free of viruses or other harmful code, files, or computer programs.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER CENTERCODE, NOR ITS AFFILIATES, OFFICERS, EMPLOYEES, CONTENT AUTHORS, AGENTS, SERVICE PROVIDERS, LICENSORS, BUSINESS PARTNERS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, OR CONTRACTORS (THE “CENTERCODE PARTIES”) MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO YOU RELATING TO THE CENTERCODE SITES, OR THE CONTENT PROVIDED THROUGH THOSE SITES, WHICH ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE CENTERCODE PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THESE SITES AND CONTENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

The Centercode Sites are intended for use by businesses and organizations. To the maximum extent permitted by law, you hereby acknowledge and agree that consumer laws do not apply.

The Centercode Sites, the content available on them, and the Downloaded Content, including example contract forms and clauses that may be available or provided as Downloaded Content (the “Contract Forms”) are authored and published by Centercode, Inc., which is not a law firm and does not provide legal services of any kind. THE CENTERCODE SITES, THE CONTENT AVAILABLE ON THEM, AND THE DOWNLOADED CONTENT, INCLUDING THE CONTRACT FORMS, ARE NOT INTENDED TO BE A SOURCE OF LEGAL ADVICE. Every matter is different, and appropriate use of any information or contract form depends on the unique law and facts present in a specific situation. You agree that you are not relying on the information in the Centercode Sites or the Downloaded Content, including Contract Forms, in determining how to conduct your legal affairs or the legal affairs of the company that you work for, advise, or operate.

The publication of the information in the Centercode Sites and the Downloaded Content, including the Contract Forms, does not constitute the practice of law or the provisions of legal counsel or advice. No Centercode Party or any other party affiliated with Centercode is rendering legal or other professional services. The information in the Centercode Sites or the Downloaded Content, including Contract Forms, should not be relied upon as a substitute for consultation with an experienced attorney.

NO CENTERCODE PARTY REPRESENTS THAT ANY INFORMATION OR CONTRACT FORM, PROVIDED THROUGH THE CENTERCODE SITES OR AS DOWNLOADED CONTENT, WILL MEET YOUR SPECIFIC GOALS, PROTECT YOUR SPECIFIC INTERESTS, OR BE LEGALLY OR FACTUALLY SUFFICIENT. THE INFORMATION AND CONTRACT FORMS ARE PROVIDED WITHOUT ANY GUARANTY, WARRANTY, OR REPRESENTATION OF ANY KIND, INCLUDING AS TO QUALITY OR SUITABILITY FOR ANY PARTICULAR PURPOSE. THE INFORMATION AND CONTRACT FORMS ARE GENERAL IN NATURE AND ARE NOT INTENDED TO BE SUFFICIENT FOR ANY SPECIFIC SITUATION.

You may reference any Contract Forms for purposes of creation of derivative works for your own internal use, but you may not sell or resell the Contract Forms, and you receive no rights to the Contract Forms other than those specifically granted in this paragraph. You receive no license to any content at the Centercode Sites or any Downloaded Content other than as mentioned in the first sentence of this paragraph. All content at the Centercode Sites and all Downloaded Content is protected by copyright, and the owner reserves all rights to such content, except as specifically set forth in the first sentence of this paragraph. All use of the Contract Forms and other Downloaded Content is subject to the provisions of these Terms of Use, including but not limited to the provisions in this “Contract Forms – No Legal Services” section.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL ANY CENTERCODE PARTY HAVE ANY LIABILITY TO YOU FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR ANY OTHER TYPE OF DAMAGES, INCLUDING WITHOUT LIMITATION FOR LOST DATA, LOSS OF USE, LOST PROFITS, OR LOST REVENUES, HOWEVER CAUSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE CENTERCODE SITES, OR THE CONTENT AVAILABLE ON THESE SITES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR UNDER ANY OTHER THEORY OF LIABILITY INCLUDING NEGLIGENCE, EVEN IF ANY CENTERCODE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

THE FOREGOING LIMITATIONS DO NOT LIMIT EITHER PARTY’S RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF, AND THE FOREGOING DISCLAIMERS AND LIMITATIONS SHALL NOT APPLY TO THE EXTENT (AND ONLY TO THE EXTENT) THE DISCLAIMER OR LIMITATION IS PROHIBITED BY APPLICABLE LAW. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW ALL EXCLUSIONS OF LIABILITIES ABOVE, IN THE EVENT ANY CENTERCODE PARTY IS NEVERTHELESS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE, LOSS, OR HARM ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE CENTERCODE SITES, OR THE CONTENT AVAILABLE ON THESE SITES, YOU AGREE THAT THE MAXIMUM AGGREGATE LIABILITY OF THE CENTERCODE PARTIES SHALL IN ALL CASES BE LIMITED TO TWENTY DOLLARS ($20) IN THE AGGREGATE.

You understand and agree that you have full responsibility for your actions on the Centercode Sites, for your use of Downloaded Content, and for User Content you upload or provide to us to upload. You therefore agree to indemnify, defend, and hold the Centercode Parties harmless from and against any and all claims, losses, expenses, damages, and costs (including reasonable attorneys’ fees) resulting from or arising out of any violation by you of these User Terms or misuse of content you download from the Centercode Sites.

We take the intellectual property rights of others seriously and require that visitors to the Centercode Sites and any others providing us with User Content do the same. The DMCA provides a process for addressing claims of copyright infringement. Please note that we will share your full complaint, including your contact information, to the alleged violator. If you are concerned about your contact information being forwarded, you may wish to use an agent to report it for you.

If you own a copyright or have authority to act on behalf of a copyright owner and want to file a DMCA complaint that a third party is infringing that copyright through our services, please send us a notice to the contact address below in “Notices Under User Terms“ that includes the following information: (1) a description of the copyrighted work; (2) a description of the material you claim is infringing and the URL of that material; (3) your address, telephone number, and email address; (4) the following statement: “I have a good faith belief that the use of the copyrighted material I am complaining of is not authorized by the copyright owner, its agent, or the law”; (5) the following statement: “The information in this notice is accurate and, under penalty of perjury, I am the owner, or authorized to act on behalf of the owner, of the copyright”; and (6) an electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.

We may, in appropriate situations, disable or terminate the account of a user on our sites. This process does not limit our ability to pursue any other remedies we may have to address suspected infringement. Please be aware that you may be liable for any damages, including costs and attorneys’ fees incurred by us or our users, if you knowingly materially misrepresent that material is infringing.

Except as otherwise set forth herein, all notices under the User Terms will be by email. Privacy notices to Centercode must be sent to privacy@centercode.com. Legal and Digital Millennium Copyright Act notices to Centercode must be sent to legal@centercode.com. Alternatively, you can provide legal notice by mail to:

Centercode, Inc.
23422 Mill Creek Drive, Suite 105
Laguna Hills, CA 92653
Attn: Legal Department

A notice given by email will be deemed to have been duly given the day after it is sent. A notice given by mail will be deemed to have been duly given when received.

These User Terms constitute the entire agreement of the parties with respect to the subject matter of these User Terms. No failure or delay by either party in exercising any right under the User Terms will constitute a waiver of that right. No waiver of any breach or default of the User Terms will be effective unless made in writing and signed by an authorized representative of the waiving party.

The User Terms will be enforced to the fullest extent permitted under applicable law. If any provision of the User Terms is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the User Terms will remain in full force and effect.

You may not assign any of your rights or delegate your obligations under these User Terms whether by operation of law or otherwise, without our prior written consent (not to be unreasonably withheld). We may assign these User Terms in their entirety (including all terms and conditions incorporated herein by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

The User Terms, and any disputes arising out of or related to these User Terms, your use of the Centercode Sites or Downloaded Content, or your User Content, will be governed exclusively by the laws of the state of California, without regard to conflicts of laws rules. You agree that the courts located in Orange County, California will have exclusive jurisdiction to adjudicate any dispute arising out of or related to these User Terms, your use of the Centercode Sites or Downloaded Content, or your User Content. Each party hereby consents and submits to the exclusive jurisdiction of such courts.

As our business evolves, we may change these User Terms. The last date these User Terms were modified is the Effective Date above. If we make a material change, we will call the change to your attention through email or the Centercode Sites. You can review the most current version of the User Terms at any time by visiting this page. Any material revisions to these User Terms will become effective on the date set forth in our notice, and all other changes will become effective on the date we publish the change. If you use the Centercode Sites or Downloaded Content or provide User Content to us after the effective date of any changes, that use will constitute your acceptance of the revised terms and conditions.

When providing a notice to us under these User Terms, you must contact us as described above in the “Notices Under User Terms” section. In other circumstances, please feel free to contact us at support@centercode.com or using our mailing address below

Centercode, Inc.
23422 Mill Creek Drive, Suite 105
Laguna Hills, CA 92653
USA