Last Updated: 02/10/2020
Using Our Website (General Overview)
You may use our Services only if you can form a binding contract with Code Platoon. No use of the Services is permitted by those under the age of majority in their state of residence. In no event is use of the Services permitted by those under the age of 18. If you are using the Services on behalf of any entity, then you are agreeing to the Terms on behalf of that entity.
We reserve the right to terminate access to our website and content for any individual or group who are found to pursue or actively advocate for causes or other individuals deemed hateful, including but not limited to:
or in short in any other way promoting a cause which is deemed going contrary to anti-discrimination principles and/or therefore violating somebody else’s civil rights (including, but not limited to acts and/or statements of hate based on the race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation of another person). Such individuals/groups will be barred permanently from the site.
We also reserve the right to reject and bar any user at any time who violates our terms and conditions, threatens other individuals or infringes on the (copy)rights of others. Decisions are final.
Using our Website or Services does not give you ownership of any intellectual property rights in our Services or the content you access. Except in the context of browsing or accessing our Services in accordance with these Terms, you may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used in our Services. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services may display both Code Platoon-created content and content that is not created or developed by Code Platoon. We may review third party-content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But we do not routinely screen third-party content that is published by third parties and shared here. We cannot guarantee the accuracy, adequacy or quality of any such content, or the qualifications of those posting it.
See also: Third-Party Sites/Services/Content.
Any content created by other entities such as videos or PDFs which are posted with the original creator’s branding and are collected at Code Platoon in order to present to our Users a more complete overview over stakeholders and providers or information in the respective field/technical area. If your content has been posted within this framework and you would like to have us remove it, please email us at [info AT codeplatoon.org].
Code Platoon is not paid by the respective providers to display this content, will attribute the content in full where applicable, and is not responsible for its creation. Code Platoon is also not paid by Users of the website who access the content directly.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
If you believe that any material on the Site infringes upon any copyright which you own or control, you may file a DMCA Notice of Alleged Infringement with Code Platoon ‘s Designated Copyright Agent:
Code Platoon Copyright Agent
email:info AT codeplatoon.org
Code Platoon may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Code Platoon is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Code Platoon of such Third-Party Services.
While Code Platoon strives to provide quality Services and Content, there are some things that we cannot guarantee. If you choose to use the Code Platoon’s online content, you do so voluntarily and at your sole risk. Code Platoon’s online content is provided “as is”, without warranty of any kind, either express or implied.
Editorial and other content is offered as guidance only, and is not meant, nor should it be construed as, a replacement for certified, professional, or legal expertise
You acknowledge that our Services and Software might include third party data and contributions, that there are certain inherent limitations to the accuracy or currency of such information and data, that our Services and Content may be incomplete, may contain inaccuracies, or may be based on opinion. Code Platoon DOES NOT SCREEN SUCH INFORMATION FOR ACCURACY OR RELIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, Code Platoon AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES AND CONTENT. THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS.” Code Platoon ALSO DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of Code Platoon’s website. In connection with your use of the Code Platoon’s website, you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards;
- use Code Platoon’s website for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Code Platoon’s endorsement, partnership or otherwise misleads others as to your affiliation with Code Platoon;
- use the Code Platoon’s website in connection with the distribution of unsolicited commercial messages (“spam”);
- offer, as a User, any content or parts of content to which you do not own the copyright;
- contact another User for any purpose other than asking a question related to a your own booking, listing, or the User’s use of the Code Platoon’s website, including, but not limited to, recruiting or otherwise soliciting any User to join third-party services, applications or websites, without our prior written approval;
- request, accept or make any payment for Code Platoon’s website content. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Code Platoon harmless from any liability for such payment;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior;
- use, display, mirror or frame Code Platoon’s website, or any individual element within Code Platoon’s website, trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in Code Platoon’s website, without Code Platoon’s express written consent;
- dilute, tarnish or otherwise harm the Code Platoon brand in any way, including through unauthorized use of Collective Content, registering and/or using Code Platoon or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Code Platoon domains, trademarks, taglines, promotional campaigns or Collective Content;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with Code Platoon’s website for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Code Platoon or any of Code Platoon’s providers or any other third party to protect the Code Platoon’s website;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Code Platoon’s website;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Code Platoon’s website;
- export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
You acknowledge that Code Platoon has no obligation to monitor the access to or use of the Code Platoon’s website by any User or to review, disable access to, or edit any User Content, but has the right to do so to in order to
- operate, secure and improve the Code Platoon’s website (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes);
- ensure Users’ compliance with these Terms;
- comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body;
- respond to User Content that it determines is harmful or objectionable; or
- as otherwise set forth in these Terms. Users agree to cooperate with and assist Code Platoon in good faith, and to provide Code Platoon with such information and take such actions as may be reasonably requested by Code Platoon with respect to any investigation undertaken by Code Platoon or a representative of Code Platoon regarding the use or abuse of Code Platoon’s website.
If you feel that any User you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who
- engages in offensive, violent or sexually inappropriate behavior,
- you suspect of stealing from you, or
- engages in any other disturbing conduct,
you should immediately report such person to the appropriate authorities and then to Code Platoon by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
Limitation of Liability
Participation in any Experience or Event or use of any other Service connecting you with volunteers or volunteer opportunities or any other interaction you have with other Users whether in person or online remains with you. Neither Code Platoon nor any other party involved in creating, producing, or delivering the Code Platoon’s website will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with
- these Terms,
- from the use of or inability to use the Code Platoon’s website,
- third-party WordPress plugins and/or themes,
- from any communications, interactions or meetings with other Users or other persons with whom you communicate, interact or meet with as a result of your use of the Code Platoon’s website, or
- from your utilization of the Code Platoon’s website, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Code Platoon has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Code Platoon OR ANY OF ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES AND SOFTWARE. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF Code Platoon, AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SERVICES, IS LIMITED TO THE AMOUNT YOU PAID US, IF ANY, TO USE THE SERVICES TO WHICH SUCH CLAIM RELATES IN THE 12 MONTH PERIOD PRECEDING THE FILING OF SUCH CLAIM. IN THE INTEREST OF CLARITY, THIS LIMITATION ALSO APPLIES TO PREMIUM SERVICES.
You agree to defend, indemnify and hold harmless Code Platoon, its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Services or your use of or inability to use the Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the User Content, your conduct, your violation of these Terms or your violation of the rights of any third party.
Code Platoon reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Code Platoon’s website and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Code Platoon Platform will constitute acceptance of the revised Terms.
This Dispute Resolution and Arbitration Agreement shall apply if you
- reside in the United States; or
- do not reside in the United States, but bring any claim against Code Platoon in the United States (to the extent not in conflict with “Applicable Law and Venue”)
Overview of Dispute Resolution Process.
Code Platoon is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this section applies: (1) an informal negotiation directly with Code Platoon’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this section). Specifically, the process provides:
- Claims can be filed with AAA online (www.adr.org);
- Arbitrators must be neutral and no party may unilaterally select an arbitrator;
- Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
- Parties retain the right to seek relief in small claims court for certain claims, at their option;
- The initial filing fee for the consumer is capped at $200;
- The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;
- The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.
Pre-Arbitration Dispute Resolution and Notification.
Prior to initiating an arbitration, you and Code Platoon each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Code Platoon’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
Agreement to Arbitrate.
You and Code Platoon mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Code Platoon Platform, the Volunteer Services, or the Collective Content (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Code Platoon agree that the arbitrator will decide that issue.
Exceptions to Arbitration Agreement.
You and Code Platoon each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
Arbitration Rules and Governing Law.
This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.
Modification to AAA Rules – Arbitration Hearing/Location.
In order to make the arbitration most convenient to you, Code Platoon agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in Cook County, IL; (c) in any other location to which you and Code Platoon both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.
Modification of AAA Rules – Attorney’s Fees and Costs.
You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, Code Platoon agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA rules, to recover attorneys’ fees and expenses if it prevails in arbitration.
The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Jury Trial Waiver.
You and Code Platoon acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable disputes.
No Class Actions or Representative Proceedings.
You and Code Platoon acknowledge and agree that we are each waiving the right to participate as a plaintiff or class User in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and Code Platoon both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.
Except as provided in elsewhere in this section, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
Notwithstanding the provisions of “Modification of these Terms”, if Code Platoon changes this section “Dispute Resolution and Arbitration Agreement” after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Code Platoon’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Code Platoon in accordance with the provisions of the “Dispute Resolution and Arbitration Agreement” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
Except as provided within and subject to other sections in these Terms, this Section will survive any termination of these Terms and will continue to apply even if you stop using the Code Platoon’s website.
Applicable Law and Venue
The laws of the State of Illinois, excluding its conflict of law provisions, will apply to any disputes arising out of or relating to these Terms or the Services. All claims arising out of or relating to these Terms or the Services will be litigated exclusively in the state or federal courts located in Cook County, IL, and you and Code Platoon consent to personal jurisdiction and exclusive venue in such courts.
Term and Termination, Suspension and Other Measures
This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Code Platoon terminate the Agreement in accordance with this provision.
Without limiting our rights specified below, Code Platoon may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.
Code Platoon may immediately, without notice terminate this Agreement if
- you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards,
- you have violated applicable laws, regulations or third party rights, or
- Code Platoon believes in good faith that such action is reasonably necessary to protect the personal safety or property of Code Platoon, its Users, or third parties (for example in the case of fraudulent behavior of a User).
In addition, Code Platoon may take any of the following measures
- to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if
- you have breached these Terms, our Policies or Standards, applicable laws, regulations, or third party rights, Code Platoon otherwise becomes aware of or has received complaints about your performance or conduct, or
- Code Platoon believes in good faith that such action is reasonably necessary to protect the personal safety or property of Code Platoon, its Users, or third parties, or to prevent fraud or other illegal activity:
- refuse to surface, delete or delay any User Content;
- limit your access to or use of the Code Platoon website.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Code Platoon and an opportunity to resolve the issue to Code Platoon’s reasonable satisfaction.
Notwithstanding any of these Terms, Code Platoon reserves the right, without notice and in its sole discretion, to terminate your license to use the Services and view any Content, and to block or prevent your access to and use of the Services. Code Platoon reserves the right to refuse service to anyone for any reason at any time if they are found to be in material violation (see: Prohibited Activities). In the event of termination of access to the Services for any reason, you have no right to obtain a copy of any data or communications you stored or effected via the Platform, or any other data.
When this Agreement has been terminated, you are not entitled to a restoration of your Code Platoon Account or any of your User Content. If your access to or use of the Code Platoon Platform has been limited or your Code Platoon Account has been suspended or this Agreement has been terminated by us, you may not register a new Code Platoon Account or access and use the Code Platoon Platform through an Code Platoon Account of another User.
These Terms constitute the entire agreement between you and Code Platoon with respect to the subject matter of these Terms, and supersede and replace any prior version of the Terms. These Terms create no third party beneficiary rights.
Waiver, Severability, and Assignment
Code Platoon’s failure to enforce a provision of these Terms is not a waiver of its right to do so later. If any provision of these Terms is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable Term or Terms will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any attempt to do so will be void. Code Platoon may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
Questions and Contact Information
Any questions or comments about the Site or its contents should be directed to [info AT codeplatoon.org].