Terms of Service

By using the CodeSprout LLC (“Codesprout,” “we,” or “us”) website (www.codesprout.com) or any other associated website, product, or service (collectively, the “Services”), you are agreeing to these Terms of Service (these “Terms” or this “Agreement”).

PLEASE READ THIS AGREEMENT CAREFULLY. YOUR ACCEPTANCE OF THIS AGREEMENT CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN CODESPROUT AND YOU.

Scope of Terms

By accessing and/or using the Service you signify that you have read, understand, and agree to be bound by these Terms. These Terms apply to your use of the Service, regardless of whether or not you create an account, which we may offer or discontinue portions or all of from time to time, in our sole discretion. Your acceptance of these Terms constitutes a binding contract between Codesprout and You. Do not use the Services if you do not agree to be bound by these Terms.

Eligibility

You must be 18 years of age to use the Services. If you are not at least 18 years of age, you must have your parent or legal guardian review and agree to these Terms. Any use or access by anyone under the age of 13 is prohibited. The Services are controlled and operated from the United States and may not be appropriate or available for use in other locations. You warrant that you aren’t located in, or a resident of, any country that is subject to applicable U.S. trade sanctions or embargoes. You also warrant that you aren’t a person or entity who is named on any U.S. government specially designated national or denied-party list. You must inform CodeSprout if you become subject to a restriction mentioned above at which time CodeSprout has the right to terminate this Agreement with you without any liability to you.

Grant of License

We grant you a non-exclusive, non-transferable, limited right to access, and use CodeSprout’s Services and the material provided therein for your personal, noncommercial use, provided that you comply fully with the provisions of these Terms. You agree not to assign, transfer or sublicense your rights as a user of our Services. You understand that only you may use your account information to access your account and that your subscription to our Services is only valid for your personal, noncommercial use and may not be shared with others.

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all Intellectual Property Rights related thereto, are the exclusive property of CodeSprout. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Codecademy Content. Use of the Codecademy Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

CodeSprout reserves all rights not expressly granted herein in the Services. CodeSprout may terminate this license at any time for any reason or no reason. If you violate these Terms, we may delete your account without notice to you and without any liability to you or a third-party for the deletion.

Your Account

You are responsible for all activity that occurs on your CodeSprout account. We encourage you to use a strong password. You cannot share your account information, including password, with anyone else. You must provide us with accurate information when signing up for an account and you are required to update this information should any changes occur.

Billing

Subscription

Some of the Services may be offered at no cost while others may be subject to a subscription fee. More details can be found within the Billing section of your Profile. In its sole discretion, CodeSprout may add or amend any fees for its Services upon notice to you within these Terms or within the Services.

Renewal

Your subscription will automatically renew for the same time period as your previously chosen subscription length and will be billed to the payment information on file. You authorize CodeSprout to use this payment information to renew your subscription for the same length of time as your current subscription.

Cancellation

You may cancel your subscription at any time. Any cancellation will be effective upon the first date of the next billing period and you will have continued access to your subscription until the end of the current billing period. You must cancel your subscription prior to the next billing period in order to avoid paying your subscription fee. There will be no refund for any fees paid prior to your subscription ending. Additionally, you will not receive any refund for fees paid should we terminate your account.

Privacy

We care about the privacy of our users. By agreeing to these Terms, you represent that you have read, understood, and agree to our Privacy Policy, which is fully incorporated into these Terms by this reference. Our Privacy Policy can be found here

Third-Party Links

The Services may contain links to third-party websites, advertisements, or other materials (collectively, “Third-Party Content”). CodeSprout is not responsible for and does not endorse any Third-Party Content. CodeSprout’s Terms and privacy policy do not apply to any Third-Party Content. If you purchase any goods or services from Third-Party Content, you acknowledge that CodeSprout is not responsible for any goods or services that you may receive and you relieve CodeSprout of all potential liability arising from your interactions with Third-Party Content.

DMCA Notice

We respect the intellectual property rights of others. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via our Services, please notify the designated copyright agent as set forth below. For your complaint to be valid under the DMCA, you must provide the following information in writing:

• a physical or electronic signature of the owner of the copyright or a person authorized to act on behalf of the owner;
• identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this application are covered by a single notification, a representative list of such works);
• identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Platform;
• your name, mailing address, telephone number and email address;
• a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
• a statement by you that the information in your notification is accurate, and that you attest under penalty of perjury, that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.

Upon receipt of any notice, we will take whatever action, in our sole discretion, we deem appropriate, including the removal of the challenged content from our Services.

Contact information for our designated copyright agent is:

Attn: DMCA Notice - Notice of Copyright Infringement
CodeSprout LLC
65 Lake Road
Basking Ridge, NJ 07920
Email: cliff@codesprout.com

Indemnification

You agree to indemnify, defend, and hold harmless CodeSprout, including our officers, directors, suppliers, partners, employees, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising out of or related to: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any other information or content that is submitted via your account including without limitation misleading, false or inaccurate information; (vi) negligent or willful misconduct; or (vii) any other party’s access and use of other appropriate security code.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, AVAILABILITY, ACCURACY OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICES AND ANY OTHER MATERIALS ON THE PLATFORM.

CODESPROUT DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. CODESPROUT EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE THE INFORMATION ON THE PLATFORM. ANYTHING DOWNLOADED OR OTHERWISE ACCESSED THROUGH THE SERVICES IS DONE AT YOUR SOLE RISK, INCLUDING WITHOUT LIMITATION, WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SERVICE, OFFERING, CONTENT OR MATERIAL AND ANY OF YOUR INTERACTIONS WITH ANY THIRD-PARTIES, INCLUDING ADVERTISERS AND OTHER USERS, IDENTIFIED THROUGH THE PLATFORM.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CODESPROUT, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICES. UNDER NO CIRCUMSTANCES WILL CODESPROUT BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CODESPROUT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL CODESPROUT, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO CODESPROUT DURING THE LAST SIX MONTHS OR $50.00, WHICHEVER IS GREATER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CODECADEMY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Governing Law

These Terms are governed by the laws of the State of New Jersey, USA without reference to its choice or conflicts of law principles. In cases where the “Dispute Resolution” section below doesn’t apply to you, you consent to the exclusive jurisdiction and venue of federal and state courts in Somerset County, New Jersey.

Disputes Resolution

In the event of any dispute, claim or controversy between or among the parties to this Agreement arising out of or relating to this Agreement or any breach thereof, including, without limitation, any claim that this Agreement or any of its parts is invalid, illegal or otherwise voidable or void, whether such dispute, claim or controversy sounds in contract, tort, equity or otherwise, and whether such dispute, claim or controversy relates to the meaning, interpretation, effect, validity, performance or enforcement of the Agreement, such dispute, claim or controversy shall be settled by and through an arbitration proceeding to be administered by the American Arbitration Association (or any like organization successor thereto) in New Jersey, in accordance with the American Arbitration Association’s Commercial Arbitration Rules. Each of the parties to this Agreement hereby agrees and consents to such venue and waives any objection thereto. The arbitrability of any such dispute, claim or controversy shall likewise be determined in such arbitration. Nothing in this section shall be deemed as preventing CodeSprout from seeking injunctive or other equitable relief from the courts as necessary to protect any of CodeSprout’s proprietary interests. Each party will be responsible for paying any filing, administrative and arbitrator fees in accordance with applicable rules at the time of arbitration. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

CLAIMS BROUGHT BY EITHER PARTY MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS TERMS OF SERVICE, YOU AND CODESPROUT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

Miscellaneous

Assignment

You may not assign or transfer this Agreement (or the rights and licenses granted under them). We may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction.

No Waiver

Our failure to enforce the strict performance of any of the provisions of these Terms will not waive our right to later enforce those provisions.

Entire Agreement/Severability

This Agreement, along with any other agreements or terms that you may enter into related to the Services, constitutes the entire agreement between the parties with respect to the subject matter contained in this Agreement. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

Changes

From time to time, we may update these Terms to clarify our practices or to reflect new or different practices. CodeSprout reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means, such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.

Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.

Contact Us

Please send all notices to us at:

CodeSprout LLC
65 Lake Road
Basking Ridge, NJ 07920
Email: cliff@codesprout.com

This Agreement is effective as of December 5, 2022.