Terms of Use

Welcome! Coderbyte LLC ("we," "our," or "us") provides its services through its website located at coderbyte.com along with related features, content, applications, and products (collectively the "Site" or "Coderbyte").

Before using the Site, please reads these Terms of Use (the "Terms" or the "Agreement") carefully, along with any other policies or notices on the Site and our Privacy Policy located at coderbyte.com/privacy/. Together these materials contain terms, rules, and guidelines related to your use of Coderbyte.

Overview

We know Terms can be long and confusing, so we will do our best to keep things as clear and concise as possible. This section is a brief summary of the highlights of this Agreement. Know that when you accept this Agreement, you are accepting all of the terms and conditions and not just this section.


How You Accept This Policy

By accessing or using our Site you acknowledge that you have read, understood, and agree to these Terms, as well as the accompanying privacy policy located at coderbyte.com/privacy.

We may modify the Terms at any time. Any changes to the Terms will be reflected on this page and will become effective immediately upon posting. If the changes are significant, we will do our best to notify you via email or through a notification. Please check the effective date below to determine if there have been any changes since you have last reviewed the Terms.

If you do not agree to this Agreement or any modifications to this Agreement, you should not use our Site.

Eligibility

Only individuals who are at least 18 years old and can form legally binding contracts can use Coderbyte. If you are under 18 years old and would like to use Coderbyte, you can, but only if a parent or legal guardian who is at least 18 years old supervises you. In all cases, the adult would be the user and is responsible for any and all activity.

You can only use our Site to the extent the laws of your jurisdiction or the United States do not bar you from doing so. Please make sure these Terms are in compliance with all laws, rules, and regulations that apply to you.

By using Coderbyte, you represent and warrant that you meet all eligibility requirements we outline in these Terms. We may still refuse to let certain people access or use the Site. We may also change our eligibility criteria.

We offer our Site only for personal, noncommercial use and not for the use or benefit of any third party (unless you are a parent or legal guardian using the Site for your minor child).

Account Information

If you sign up for a Coderbyte account, you will be responsible for maintaining the confidentiality of your password and account, if any, and will be fully responsible for any and all activities that occur under your password or account. You agree to: (a) immediately notify us of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session when accessing the Site. We will not be liable for any loss or damage arising from your failure to comply with this paragraph.

Selecting Your Challenges

Select Your Challenge. We offer a collection of easy, medium, and hard challenges for our users. Easy and Medium challenges are timed, and points are based off outputs and time in completing the challenge. Hard challenges are untimed for code writing, but you may accumulate more points for completion. Accompanying each challenge will be: a "challenge discussion," which will enable you to discuss the challenge after you complete it; a list of users that completed the challenge, along with the code used to solve the challenge; and, for all easy challenges and most hard challenges,a step-by-step solution.

Easy & Medium Challenges: For these challenges, you are timed when writing your code, and during the processing period you get points based on your outputs and how fast you completed the challenge. You receive five points for each part, for a total of ten points.

Hard Challenges: For hard challenges, you are no longer timed when writing code. Instead, you have as long as you want to complete the challenge and can receive a total of fifteen points for each challenge.

Sign Up and Login Information. We'll need your username, email, and a password to sign up for Coderbyte. This information is required in order to complete a challenge.

Payment. After you have registered with Coderbyte, you may subscribe on our Membership page for $24/month, $100/six months, or $200/year for unlimited access. By entering your payment information, you authorize Coderbyte to charge the amount of your order to your selected payment option. Coderbyte subscriptions renew automatically on a monthly, six-month, or yearly basis, depending on the plan selected. You can always cancel your membership at any time by changing your settings at coderbyte.com/settings.

Changing or Cancelling an Order. We work hard to process orders quickly so that you don't have to wait. However, this means that although we try our best to accommodate order modifications, we cannot guarantee them. If you would like to change or cancel an order, email us at admin@coderbyte.com with the subject line "Change/Cancel Order." You have five days from entering payment to cancel your membership subscription on a monthly plan. You have thirty days from entering payment to cancel your membership subscription on the yearly plan or 14 days to cancel on the six-month plan.

Taxes. You are responsible for any duties, customs fees, or taxes (other than our income tax) associated with your Coderbyte subscription ("Taxes"), including any related penalties or interest, and you will pay us for your Coderbyte subscription without any reduction for Taxes. If we are obligated to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority. If you are required by law to withhold any Taxes from your payment to us, you must provide us with an official tax receipt or other appropriate documentation to support such payments.

Changes to Subscription Fees. We reserve the right to revise the fees we charge to subscribe to Coderbyte. If we do so, and you're currently subscribed to the Site, we'll do our best to provide you with written notice (which may be by email) at least thirty days prior to the change.

Delinquent Payments. Delinquent payments may bear interest at the rate of one-and-one-half percent per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. You will be responsible for all reasonable expenses (including attorneys' fees) that we incur in collecting delinquent amounts, except where such delinquent amounts are due to our billing inaccuracies.

Third Party Services and Content

We utilize links and other tools to connect users to third party services and websites, such as Google Analytics, and Stripe and PayPal to process payments ("Third Party Services"). We have no control over the content and policies of these Third Party Services, and in no event shall we be held responsible or liable for the accuracy, reliability, or currentness of any third party's content or policies. Users who access or use a Third Party Service through Coderbyte are solely responsible for complying with the terms and policies of these third parties.

In no event shall a description or reference to a third party's product or service (including, but not limited to, providing a description or reference via hyperlink) be construed as an endorsement of such third party product or service by us. We retain the exclusive right to add to, modify, or cancel the availability of any Third Party Service.

Intellectual Property

The Site contains copyrighted material, trademarks, and other proprietary information, including but not limited to text, software, photos, and graphics, and may in the future include video, graphics, music, and sound ("Content"), which is protected by copyright law, registered and unregistered trademarks, database rights, and other intellectual property rights. Unless otherwise provided, we exclusively own the the Content and your use of the Site does not grant you any right, title, or interest in the Content.

Your Use of Our Site

As a user of the Site, we grant you a limited, personal, non-commercial, non-exclusive, non-transferable, and revocable license to use Coderbyte. When using the site, we ask that you follow by some basic rules:

Don't Use Our Site to Break the Law. You agree that you will not violate any laws when using our Site. This includes any local, provincial, state, federal, national, or international laws that may apply to you.

Don't Try To Harm Our System. You agree not to distribute any virus or other harmful computer code through Coderbyte. You also agree to not take any action that may impose an unreasonable or disproportionately large load on our or any of our third party providers' infrastructure.

Don't Attempt to Circumvent Our Security. You agree not to bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Site, including without limitation other accounts, computer systems, or networks connected to the Site.

Don't Steal From Us. You agree not to "crawl," "scrape," or "spider" Coderbyte or reverse engineer or attempt to obtain our source code or data.

Don't Copy From Us. You agree not to copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post, store, or transmit any of Coderbyte's content, including without limitation any marks, in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or otherwise.

Any use of Coderbyte other than as specifically authorized in this Agreement, without our prior written permission, is strictly prohibited and will terminate your license to use Coderbyte.

License You Grant to Us Over User Content

There are areas of the Site and areas on third party sites where you can communicate with us. We do not own any of your content. However, by providing content to us, you grant us a license to use it. These communications between you and Coderbyte will be referred to as "User Content."

When you submit code, post, or otherwise direct communications to Coderbyte (through the use of the Site or via a telephone call with a member of our team) you give us a license to modify, use, adapt, copy, and publish your User Content. You agree that this license includes the right for Coderbyte to use your User Content for promotional purposes and to improve the Site. You agree that the User Content provided to Coderbyte is non-confidential and that Coderbyte has the right to unrestricted use for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Intellectual Property Infringement

If you think any of the Content on our website infringes upon any of your intellectual property rights (e.g., trademarks, patents, trade secrets, rights of publicity, etc.), please send us an email at admin@coderbyte.com and we'll do our best to take it down as expeditiously as possible. Your complaint or request should include:


Limitation of Liability & Disclaimer of Warranties

You understand and agree that we have no control over, and no duty to take any action regarding:


You release us from all liability related to you acquiring or not acquiring content through Coderbyte. Coderbyte may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through our Site, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through Coderbyte. Your interactions with organizations and/or individuals found on or through Coderbyte, including membership payment or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR ANY OF OUR OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, SERVANTS, COUNSEL, EMPLOYEES, CONSULTANTS, LAWYERS, AND OTHER PERSONNEL AUTHORIZED TO ACT, ACTING, OR PURPORTING TO ACT ON OUR BEHALF (COLLECTIVELY THE "CODERBYTE PARTIES") BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR: (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SITE OR ANY ERRORS OR OMISSIONS IN ANY CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR CODERBYTE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF: (I) FEES PAID TO US FOR THE APPLICABLE PRODUCTS; OR (II) $100.00.

THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Warranty Disclaimer

CODERBYTE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SITE OR ANY CONTENT ON THE SITE, WHETHER PROVIDED OR OWNED BY US OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS.

SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Coderbyte Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your use of and access to the Site; (ii) any User Content you post, program, upload, use, distribute, store, or otherwise transmit through the Site; (iii) your violation of any term of this Agreement; or (iv) your violation of any law, rule, or regulation, or the rights of any third party.

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with us must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Governing Law

No matter where you're located, the laws of the State of New York will govern these Terms and the parties' relationship as if you signed these Terms in New York, without regard to New York state's conflicts of laws rules. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded or modified only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts in New York County, New York for exclusive jurisdiction of any dispute arising out of or related to your use of the Services or your breach of these Terms.You waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non conveniens in any such action.

Note to International Users

Coderbyte is hosted in the United States. If you are a user accessing the Site from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the Site, which is governed by US law, you are transferring your Personal Information to the United States and you consent to that transfer.

Termination

We reserve the right to terminate your license to use Coderbyte or block or prevent your access to the Site, without providing you with notice or reason. In the event of termination, your obligations under this Agreement will still continue.

No Waiver

Our failure to exercise or delay in exercising any right, power, or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof.

Severability

If it turns out that any part of this Agreement is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.

Arbitration & Waiver of Class Action

The parties agree to arbitrate any dispute arising from this Agreement or your use of the Site on an individual basis. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. THE PARTIES HEREBY EXPRESSLY WAIVE TRIAL BY JURY. The parties agree that: (i) any arbitration will occur in New York, New York; and (ii) the arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of American Arbitration Association for arbitration of consumer-related disputes, in the English language, and with limited discovery. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available to a court or other tribunal. THE PREVAILING PARTY IN ANY ACTION OR PROCEEDING TO ENFORCE THESE TERMS SHALL BE ENTITLED TO COSTS AND ATTORNEYS' FEES. THE ARBITRAL DECISION MAY BE ENFORCED IN ANY COURT. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND CODERBYTE, LLC WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION OR PROCEEDING.

Force Majeure

We shall not be held liable for any delays, failure in performance, or interruptions of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to: any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe, or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.

Assignment

You agree that we may assign any of our rights and/or transfer, sub-contract, or delegate any of our obligations under these Terms. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.

Entire Agreement

This Agreement sets forth the entire understanding and agreement as to the subject matter hereof and supersedes any and all prior discussions, agreements, and understandings of any kind (including without limitation any prior versions of this Agreement) and every nature between us. Except as provided for above, any modification to this Agreement must be in writing and must be signed by both parties.

Questions or Comments

We welcome comments, questions, concerns, or suggestions. Also let us know if you are interested in advertising on Coderbyte. Please send us a message on our contact page at coderbyte.com/contact.

Effective Date: April, 19, 2016.

We know that Terms can be long. Thanks for making it to the end!