- CoderZ™ is Here
A. Intelitek, Inc. (the “Company“, “we“, “us” or “Intelitek“) provides access through www.gocoderz.com (the “Website“) to CoderZ ™, an educational platform containing videos, curriculum, remote prescheduled, one-on-one office hour meetings (“Office Hours”) and course-specific group classes (each, a “Group Class”) by trained instructors (each a “Tutor”), lessons, and development tools that trains students to become software programmers for robotics applications (the “Services“). Through the Website and the Services, you (“You,” “Your,” or “User(s)”) can write, upload, share, and publish self-generated content such as software code, comments, or posts (“User Content“).
B. These Terms of Use (the “Terms”) apply to all schools, school districts, and related entities and organizations that use the Services, including but not limited to administrators who access the Services on their behalf (each a “School”), as well as all students, their parents and legal guardians (“Parents”), non-School visitors, teachers, users, and all others who use the Services.
C. BY USING THE WEBSITE AND/OR THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND END USER LICENSE AGREEMENT (FOUND AT GOCODERZ.COM/EULA), AND THE CODERZ PRIVACY POLICY (FOUND AT GOCODERZ.COM/PRIVACY-POLICY), THE CODERZ FERPA POLICY, AND THE CODERZ COPPA POLICY (THE “PRIVACY POLICIES”), INCORPORATED HEREIN BY REFERENCE. THESE TERMS APPLY TO ALL USERS OF THE WEBSITE AND THE SERVICES.
D. If You do not agree to the Terms or the Privacy Policies, then You may not use the Website and the Services.
E. The Company may, in its sole discretion, modify or revise these Terms and Privacy Policies at any time, and by continued use of Website and/or the Services, You agree to be bound to the modified or revised Terms.
- Above the Age of Consent?
A. You acknowledge that You are either 18 years of age or older, an emancipated minor, possess Parent consent, or are a Parent accepting these terms on behalf of Yourself and Your child.
B. If You are under 13 years old, then only (i) Your Parent can authorize Your use of the Website and Services following verifiable parental consent; or (ii) if you are participating in the CoderZ platform as part of your school’s curriculum, then your School may act as the agent of Your Parent and may consent to your use of the Website and Services subject to, and in accordance with, our COPPA Policy (see https://gocoderz.com/coppa/) and FERPA policy (see https://gocoderz.com/ferpa/).
C. You further acknowledge that You are fully able and competent to enter into, and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms. However, even if You are not competent to enter into a legal agreement, if You knowingly accept and enjoy the benefits of the Services and the Website, then You will be deemed bound to the undertakings in the Terms.
- It is All About Access to CoderZ™
A. To access the Services, You must create a CoderZ account (referred to as Your “Account”) through the Website. You must provide accurate and complete information as You complete the Account setup. You – and no one else – are responsible for the activity that occurs on Your Account, and You must keep Your account username and password (“Credentials”) secure. You may not permit anyone to use Your Credentials and use of Your Credentials by any others is a breach of these Terms and would be grounds for termination of Your Account. Please notify the Company immediately if You become aware of any unauthorized use of Your Credentials and Account. If your Account has been terminated by Intelitek, then you may not open a new Account without the express authorization of Intelitek.
B. If You open an Account on behalf of a School, then You represent and warrant that You are an authorized representative of the School with the authority to bind the School to this Agreement and that you agree to this Agreement on the School’s behalf. If You are a teacher, then You may invite your students to access the Website and the Services, provided that Your student invitation is wholly consistent with our COPPA Policy and provided that such students accept the Terms in accordance with the provisions herein.
C. If You are a teacher using an Account created by either Your School or an authorized representative of Your School, You may not use the Account for uses that are not directly related to your role as a teacher with Your School. Such prohibited uses include, but are not limited to, using the Account for non-School tutoring businesses, personal use, etc.
D. If You open an Account as a Parent, You represent and warrant that You accept the Terms in accordance with the provisions herein on behalf of Yourself and Your child.
E. Once You sign up, You are responsible for your Account and any data associated with it. Although the Company will not be liable for Your losses caused by any unauthorized use of Your Account, You may be liable for the losses of the Company or others due to such unauthorized use.
F. If You are Parent and your child is under 18 years old, then your child may not participate in any Office Hours or Group Class session unless You are in the same room as Your child during any session with a Tutor, and only if You initiate any such Office Hours or Group Class session.
G. The period of time that You are an authorized User of the Services through a valid account is referred to as the “Membership Term”.
- Intellectually Speaking
A. “Intellectual Property Rights” means all rights and interests in “Intellectual Property”, which includes all (a) patents, utility models, patent applications, and continuing (continuation, divisional, or continuation-in-part) applications, re-issues, extensions, renewals, and re-examinations thereof and patents issued thereon; (b) registered and unregistered trademarks, service marks, trade names, domain names, and all of the associated goodwill; (c) registered and unregistered copyrights and all other literary and author’s rights or moral rights; (d) trade secrets, know-how, show-how, concepts, ideas, methods, processes, designs, discoveries, improvements, and inventions, whether or not patentable; (e) all other intellectual, industrial, and proprietary rights now or hereafter coming into existence throughout the world; (f) applications for and registrations, renewals, and extensions of any of the foregoing; and (g) exclusive and non-exclusive license rights to any of the foregoing.
B. The term “CoderZ Content” includes all Intellectual Property, including text, software, scripts, written materials, graphics, images, photos, sounds, music, videos, audiovisual combinations, interactive features, user interface and user experience, the “look and feel,” and other elements subsisting in the Website and the Services.
C. Except as permitted herein, You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any CoderZ Content for any other purposes without the prior written consent of the Company. The Company reserves all rights not expressly granted in and to the Website, the Services, and the CoderZ Content. By using the Services or accessing the Website and the Services You do not acquire any rights in and to CoderZ Content.
D. You agree not to circumvent, disable or otherwise interfere with a technological measure that protects, prevents or restricts use or copying of any CoderZ Content or otherwise enforces limitations on use of the Services or the CoderZ Content therein.
E. Subject to the Terms, You are granted a non-exclusive, non-transferable, limited, revocable license to access and use the Services and CoderZ Content. You may not copy or resell the Services. You may not exploit access to the Services or any portion of the Services, including the HTML, cascading style sheet or any visual design elements otherwise than for Your own use pursuant to the Terms.
F. You are strictly prohibited from modifying, reverse engineering, adapting or otherwise tampering with the Services, including by cheats, exploits, automation software, bots, hacks, mods or any other unauthorized third-party software to modify or interfere with the Website and Services. You may not modify another website so as to falsely imply that such other website is associated with the Services, CoderZ, or any other service provided by the Company. You may not harvest or otherwise collect information about Users without their express written consent.
G. You shall not use the Services in any manner which may infringe the Intellectual Property Rights of the Company or others, or in any manner which is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or in violation of these Terms.
H. You may not use the Services to upload, post, host, or transmit unsolicited bulk e-mail (“Spam”), short message service “SMS” messages, viruses, self-replicating computer programs (“Worms”), or any code of a destructive or malicious nature.
I. Except for the non-exclusive license granted pursuant to these Terms, You acknowledge and agree that all ownership, licenses, Intellectual Property Rights and other rights and interests in and to the Website, the Services, and the CoderZ Content shall remain solely with the Company.
J. The Company reserves the right, at any time, in its sole discretion, to take any action deemed necessary with respect to User Content that violates these Terms, including removal of such User Content.
K. The Company reserves the right to modify or discontinue, temporarily or permanently, any feature associated with the Website and/or the Services at any time, with or without notice.
L. The Company reserves the right to temporarily suspend access to the Services for operational purposes, including maintenance, repairs or installation of upgrades at any time without notice.
- We Need You to Keep A Secret
A. “Confidential Information” means any information, technical data, or know-how considered proprietary or confidential by a party to these Terms, including either party’s research, services, inventions, processes, specifications, designs, drawings, diagrams, concepts, marketing, techniques, documentation, source code, personally identifiable information, pricing information, procedures, business and marketing plans or strategies, financial information, and business opportunities, including in writing, orally, or machine readable form.
B. You agree to treat all Confidential Information as confidential and not to use or disclose such Confidential Information except as necessary to perform Your obligations under these Terms.
- CoderZ Users Represent
A. Your User Content includes the expression of Your User Content in hard copy, electronic, and other versions.
B. You shall be solely responsible for Your own User Content and the consequences of uploading Your User Content on the Services through the Website. You affirm, represent, and warrant that Your User Content is original work created by You.
C. You further agree that User Content You upload through the Website will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless You have permission from the rightful owner of the material, or You are otherwise legally entitled to post the material and to grant the Company all of the license rights conveyed herein.
D. Subject to the limitations set forth in the Privacy Policies, You expressly consent to the Company’s delivery to you of promotional materials and newsletters (the “Promotional Materials and Newsletters“) via email, text and SMS messages, and other similar means.
- Don’t Cross the Line
A. Your Membership Term shall commence when You register for the Services and shall continue until such time as the Services expires or is terminated pursuant to these Terms.
B. You may cancel Your membership with the Services at any time by accessing the Services and visiting www.gocoderz.com. For security reasons, cancellations shall only be performed using the account cancellation URL within the Services. Cancellations shall not be accepted by email.
C. The Company may suspend or terminate Your Membership Term immediately without notice due to breach of the Terms and/or the Privacy Policies.
D. Upon the effective date of termination or expiration of Your Membership Term, the Company is authorized to delete and destroy all User Content stored on the Services. The Company shall have no obligation to notify any Users of the deletion of User Content.
- Membership Subscriptions
Payments.
A. You agree to pay the periodic subscription fee(s) at the rates in effect when the charges are incurred based upon Your selected subscription plan, including any applicable taxes. We have the right to modify the subscription fees at any time. Any change in the subscription fees will go into effect for the next billing period after we provide notice of the change.
B. You are responsible for providing the company with valid credit card or payment account details and for the timely payment of all fees. The Company’s third party payment processor will automatically charge the credit card or payment account associated with Your Account at the beginning of the billing period, and billing will recur automatically at monthly or annual intervals depending upon the applicable Membership Period, unless You change or terminate Your Account before the end of the then-current Membership Period. The cancellation will take effect the day after the last day of the current Membership Period. We do not provide refunds or credits for any partial subscription periods, except as expressly stated in these Terms.
C. If the Company’s third party payment processor is unable to successfully charge your credit card or payment account for fees due, we reserve the right to revoke or restrict access to Your membership, or terminate Your membership, until we have successfully charged a valid payment method, or terminate Your membership permanently.
Cancellations.
D. If You terminate Your membership for any reason, or if we terminate Your membership due to your breach, such termination will be effective immediately, and You will not receive a refund for any amounts already paid for the current billing period, unless you terminate Your membership within the first fourteen (14) days of commencement of your Membership Term (the “Moneyback Guarantee Period”).
E. If You terminate Your membership within the Moneyback Guarantee Period, You will receive a full refund of Your payment. If You terminate Your membership at any time thereafter, You will not be entitled to a refund of any amounts paid for the balance of Your remaining Membership Period. You will still be able to access Your CoderZ Account and the Services for the remainder of the current Membership Period.
F. To the extent permitted by law, we may collect any payment obligations You owe under these Terms by charging any credit card or payment account associated with Your Account (and You agree to execute such additional directions in writing to permit us to do so, if required). In the event a payment chargeback or dispute occurs, Subscriber may be charged a dispute fee per occurrence by the Company.
G. We may contact You via email regarding your account, for reasons including, without limitation, a problem with Your credit card or payment account.
No Refunds
J. All fees and charges are nonrefundable after the Money Back Guarantee Period.
Automatic Renewals
K. At the end of each current Membership Period, the term will automatically renew for the same Membership Period.
9. The Test Drive Activity
A. The Test Drive Activity is a free, one-hour (1-hour) virtual challenge. You do not need to register for an Account or sign up for a subscription plan to access and participate in Test Drive Activity . Participation in the Test Drive Activity is subject to these Terms. By signing up to access the Test Drive Activity , You consent to these Terms.
10. They Are Going Down! – DMCA Take Downs
A. Notification. If You are a copyright owner and believe that any content on the Website and/or related to the Services infringes upon your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA“) by providing our specially designated DMCA copyright agent (the “Copyright Agent”) with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail): (i) A physical or electronic signature of a person authorized to act on your behalf; (ii) identification of all copyrighted works claimed to have been infringed; (iii) identification of the infringing material and information that will allow the Company to locate the infringing material; (iv) your contact information so the Company can reach You (address, telephone number, and, email address); (v) a statement that You have a good-faith belief that use of the material is unauthorized; and (vi) a statement that your notification is accurate, and under penalty of perjury, that You are authorized to take the action described in your notification.
You may direct copyright infringement notifications to our Copyright Agent at email: copyrightagent@intelitek.com. If You do not carefully follow all of these instructions your DMCA notification may not be valid.
B. Counter-Notification. If You believe that your User 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 User Content, You may send a counter-notification to the Copyright Agent containing the following information: (i) your physical or electronic signature; (ii) identification of the User Content that has been removed or to which access has been disabled and the location of the User Content before it was removed or disabled; (iii) a statement that You have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification of the User Content; and (iv) your name, address, telephone number, and e-mail address, a statement that You consent to the jurisdiction of the federal court in New York, New York, and a statement that You will accept service of process from the person who provided notification of the alleged infringement. If a counter-notification is received by the Copyright Agent, the Company may send a copy of the counter-notification to the original complaining party informing that person that the Copyright Agent may replace the removed User Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the User Content provider, member or User, the removed User Content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at the Company’s sole discretion.
C. Repeat Infringers. In the case of gross or repeat infringements, Intelitek will (i) remove or disable access to material made available on or through the Website or Service that Intelitek believes in good faith, upon notice from an Intellectual Property owner or his or her agent, is infringing the Intellectual Property of a third party; and (ii) remove any User Content uploaded to the Service by “repeat infringers.” Intelitek considers a “repeat infringer” to be any User that has posted User Content to or through the Website or Service and for whom Intelitek has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to such User Content. However, Intelitek reserves the right to terminate the account of any User after receipt of a single notification of claimed infringement or upon Intelitek’s own determination, with no prior notice.
11. Users Beware
A. WHILE THE COMPANY STRIVES TO PROTECT YOUR PERSONAL INFORMATION, WE CANNOT GUARANTEE ITS ABSOLUTE SECURITY. EXCEPT AS EXPRESSLY SET FORTH HEREIN, YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE DISCRETION AND RISK. THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. THE COMPANY EXPRESSLY DISCLAIMS ALL IMPLIED OR STATUTORY WARRANTIES OF ANY KIND RELATING TO THE WEBSITE AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
B. YOU AGREE THAT YOUR USE OF THE WEBSITE AND THE SERVICES SHALL BE AT YOUR SOLE RISK. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE COMPANY CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
C. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
12. CoderZ User Limitations
A. IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN THE WEBSITE OR THE SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE AND/OR THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
B. THE TOTAL LIABILITY OF THE COMPANY SHALL BE LIMITED TO AN AMOUNT THAT IS EQUAL TO THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO THE COMPANY DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
C. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
D. You further understand and acknowledge that You may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against the Company with respect thereto.
E. You agree to defend, indemnify and hold harmless the Company, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access to the Services and the Website; (ii) Your violation of any term of these Terms; (iii) Your violation of any third party right, including, without limitation, any Intellectual Property or privacy right; or (iv) any claim that Your User Content caused damage to a third party.
F. The Company shall have no liability to User related in any way to the deletion and destruction of User Content hosted on the Website or through the Services.
- The End of the Road
A. You agree that: (i) the Website and the Services shall be deemed solely based in New Hampshire, U.S.A.; and (ii) the Website and the Services shall be deemed a passive website that does not give rise to personal jurisdiction over the Company, either specific or general, in jurisdictions other than New Hampshire.
B. These Terms shall be governed by the internal substantive laws of the State of New Hampshire, without respect to its conflict of laws principles. Any claim or dispute between You and the Company that arises in whole or in part from the Services shall be decided exclusively by a court of competent jurisdiction located in Nashua, New Hampshire.
C. These Terms and the Privacy Policies, together with any other legal notices published by the Company on the Services, shall constitute the entire agreement between You and the Company concerning the Services.
D. Any notices that we may be required to provide to You, whether under law or according to these Terms, may be delivered by any method reasonably calculated to provide You with actual notice of the matter described therein, including through email. You expressly agree to the receipt of such communications and notices in such manner.
E. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
F. The paragraph headings contained herein are parodies and are for the purposes of entertainment and reference only, are not intended to define, limit, or interpret the contents of any such paragraphs or the Terms, and shall have no legal effect, impact, or import whatsoever.
G. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by the Company without restriction.
H. The Company is not Your employer and You are not our employee. The Company is not entering into a fiduciary relationship with You. You are solely responsible for the payment of all state and federal taxes applicable for any income You receive related to any of Your User Content through the Services. You have no authority to enter into contracts, expend monies, or otherwise act on behalf of the Company. Nothing in these Terms shall limit or prevent the Company from providing any services or entering into a business relationship with any other company or individual.
I. YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. YOU HEREBY WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST THE COMPANY.
Last updated December 8, 2021.
