Terms and Conditions for CoderLifeline
Last Updated: January 28, 2017
CoderLifeline.com (collectively, “CoderLifeline”) is designed to be a powerful platform supporting coders and software developers. The platform connects coders who are stuck with code issues to the skilled developers that can help them get unstuck… fast! In doing so, CoderLifeline gives coders access to the expertise they need to get projects done more quickly while helping skilled developers earn extra income for their valuable skills.
A Note from Our Founders
His final effort was to do what any good brother does… annoy his twin to help him
And guess what happened…
These discussions enabled him to make rapid progress in achieving his developing goals.
Realizing this “paired programming” approach would help any coder build their own projects, build their clients’ projects, or meet tough deadlines at work, we established CoderLifeline, including the CoderLifeline Community social network. We realize not everyone has a twin brother who is a skilled developer a phone call away. So we made a platform for any coder stuck with their code issue to find the right expert at exactly the moment they are needed. Coders can find each other and help on the social network or officially open a ticket to get an expert’s help. Either way, CoderLifeline.com saves coders tons of valuable time and frustration dealing with painful coding issues. Along the way, we help skilled developers - respectfully known as LifeGUARDs - earn extra income to support their own dreams.
Thanks for being a part of the platform. It is only through the amazing developers that join and utilize the network that its vision can be fully realized. It is you who will make it what it is capable of - a tool that rapidly accelerates software development, creates amazing new partnerships, and fosters great friendships in emerging technology to advance humanity!
Now there’s a lot of legal language in these Terms & Conditions (“Terms”) because that’s what our society now requires. But in general, it’s about doing the right thing - getting coding help and giving coding help in a way that leaves both parties feeling respected and encouraged as well as grateful for the opportunity to help friends and strangers with the talents you’ve developed. You can be sure we here at CoderLifeline are committed to trying to do the right thing for you.
CoderLifeline is an online platform that connects coder customers (“Coders”) with programming experts (“LifeGUARDs”) that help them resolve coding issues. In addition, the platform offers a social network (i.e., the CoderLifeline Community) that allows all users with registered accounts (i.e., “Members”) to connect with each other using tools and application software provided. All LifeGUARDs become registered Members while Coders have the option of becoming Members of the CoderLifeline Community. All of this (collectively, known as “Services”) is accessible at https://coderlifeline.com, (collectively, the “Site”). By using the Site, you agree to be legally bound by the terms and conditions of these Terms of Service (“Terms”), even if you are a Site visitor who has not otherwise become a Coder, LifeGUARD, or Member (i.e., a “Visitor”). Please read these Terms carefully before using the Site as they govern your access to and use of the Site and Services and are a binding legal agreement between you and CoderLifeline. If you do not agree to all of the terms and conditions in the Terms, do not use the Site and Services. Failure to use the Site and Services in accordance with these Terms may subject you to civil and criminal penalties.
Acceptance of Terms
THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH CODERS, AS MEMBERS OR NOT, MAY OPEN TICKETS (AS DEFINED BELOW) IN ORDER TO CONNECT QUICKLY WITH EXPERT DEVELOPERS (i.e., LIFEGUARDS) WHO CAN HELP THEM RESOLVE THEIR CODE ISSUE. YOU UNDERSTAND AND AGREE THAT CODERLIFELINE IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN CODERS AND LIFEGUARDS (AS DEFINED BELOW). CODERLIFELINE HAS NO CONTROL OVER THE CONDUCT OF MEMBERS OR OTHER USERS OF THE SITE AND SERVICES OR ANY INFORMATION PROVIDED IN CONNECTION THERETO, AND DISCLAIMS ALL LIABILITY IN THIS REGARD. AT THE SAME TIME, CODERLIFELINE EXPECTS THE CONDUCT OF ITS USERS TO REMAIN PROFESSIONAL AND RESPECTFUL AT ALL TIMES.
ACCOUNT: user account established through registration by a CODER and/or LIFEGUARD (i.e., CoderLifeline Community membership)
CANCELLED TICKET: a state of a Ticket in which the Ticket is removed from the possibility of being resolved either before or after having been claimed by a LifeGUARD
CODER: a person who opens a ticket with the intent of connecting with a LifeGUARD to resolve a code issue; a Coder may be a Member or a non-Member
CONTENT: all website content and associated source code and data that comprises the Site and Services
LifeGUARD: a person who is a programming expert in at least 1 programming area for which they can answer tickets and be paid accordingly after their eligibility to become a LifeGUARD has been established by CoderLifeline
CLAIMED TICKET: a state of a Ticket in which the Ticket is actively being worked on between a single Coder and a single LifeGUARD
CODE ISSUE: a programming-based problem to be solved with the input from an expert developer; the Code Issue is described by the Coder when a Ticket is opened
CONTENT: the collective sum of all information and source code that is available at coderlifeline.com
MEMBER: a person who has joined the CoderLifeline Community social network on the CoderLifeline.com platform; all LifeGUARDs must be Members; Coders are not required but have the option of becoming Members
ON-HOLD TICKET: a state of a Ticket in which the Ticket has been addressed to some extent between a single Coder and a single LifeGUARD, but through mutual agreement, is paused before fully resolving
RESOLVED TICKET: a state of a Ticket in which the Ticket Code Issue is resolved between the Coder and the LifeGUARD and is ready for Ticket Charge
SESSION: a virtual working environment between a Coder and LifeGUARD that involves some combination of screen-sharing, audio-sharing, and/or chatting for the purposes of working on a Ticket
SESSION DURATION: the total time spent during a Session(s) in number of minutes that shall be the basis for the Charge
SHARED CONTENT: Content that is shared between Coder and LifeGUARD for the express purposes of working on a Ticket together
TICKET: a short-term work order opened by a Coder with the intent of connecting with a LifeGUARD for help to resolve a code issue
TICKET CHARGE: the total price charged to the Coder in exchange for the provision of Services
TICKET LIFEGUARD PAYMENT: the portion of the Ticket Charge that is distributed to the LifeGUARD in exchange for their service
TICKET AFFILIATE COMMISSION: the portion of the Ticket Charge that is distributed to an affiliate in exchange for sending web traffic and/or ticket sales
TICKET THIRD PARTY PAYMENT PROVIDER FEE: the portion of the Ticket Charge that is distributed to CoderLifeline’s third party payment processor
TICKET TRANSACTION FEE: the portion of the Ticket Charge that is distributed to CoderLifeline as an administrative fee
TICKET SERVICE CHARGE: the remaining portion of the Ticket Charge after all other payments, fees, and commissions have been distributed that is rendered to CoderLifeline
UNCLAIMED TICKET: a state of a Ticket in which the Ticket has been opened but has not yet been claimed by a LifeGUARD
USER: any individual visiting the Site and/or using the Site and/or the Services
VISITOR: a person who is visiting the Site who is not otherwise categorized as a Coder, Member, and/or LifeGUARD
The Site and its contents are intended solely for the use of its Users and may only be used in accordance with these Terms. All materials displayed and/or activities performed on the Site, including, but not limited to text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, and animations (collectively, “Content”) are the property of CoderLifeline and/or third parties and are protected by United States of America
Ownership, Copyright, and Trademark Notice
and international copyright laws. All trademarks, service marks, and trade names are proprietary to CoderLifeline and/or third parties. Users shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Site and/or Services.
The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Other than as expressly set forth in these Terms, Users may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce (except as provided in these Terms), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part. You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights is the exclusive property of CoderLifeline and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or Collective Content.
All trademarks, service marks, logos, trade names and any other proprietary designations of CoderLifeline used herein are trademarks or registered trademarks of CoderLifeline. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
CoderLifeline respects copyright law and expects its Users to do the same. It is CoderLifeline’s policy to terminate the Accounts of Members who infringe or are believed to be infringing the rights of copyright holders in appropriate circumstances.
Access to the Services
CoderLifeline reserves the right to modify these Terms at any time by posting a revised Terms of Service on the Site and by providing notice via e-mail, where possible. You will be responsible for becoming familiar with any such modifications. Access and use of the Site and Services after modifications constitutes your acceptance of the Terms as modified. Furthermore, CoderLifeline may change, suspend, or discontinue the Services at any time, including the availability of any feature, database, or content. CoderLifeline may impose limits on certain features and Services or restrict access to parts or all Services without notice or liability.
You certify to CoderLifeline that you are an individual at least 13 years of age to use the Site. No person under the age of 13 may provide personal information to or on the Site (e.g., name, address, telephone number, email address). Specifically, no one under the age of 13 can register to become a Member. You also certify that you are legally permitted to use the Services and access the Site and take full responsibility for the selection and use of Services offered on the Site.
Eligibility - Age and Region
Your agreement to these Terms is void where prohibited by law and the right to access the Site and Services is revoked in such jurisdictions. CoderLifeline makes no claim that the Site may be lawfully viewed or used outside the United States of America. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States of America, you do so at your own risk and you are responsible for compliance with your local jurisdiction.
CoderLifeline will use reasonable efforts to ensure the Site and Services are available continually. However, there will be occasions when the Site and/or Services will be interrupted for maintenance, upgrades and repairs or due to failure of telecommunications links and equipment or software. Reasonable steps will be taken by CoderLifeline to minimize such disruptions. You agree that CoderLifeline will not be liable to you or any other party for any suspension, modification, discontinuance or lack of availability of the Site, the Services, or other Content.
You will be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services (e.g., modems, hardware, software, telephone services).
The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that CoderLifeline is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by CoderLifeline of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, Site and/or Services on or available from such websites or resources.
The Site functions as a platform connecting Coders and LifeGUARDs. Coders open Tickets indicating what kind of help they need. The Site matches their technical needs with appropriate LifeGUARDs to help them. CoderLifeline’s role is to facilitate the connection of Coders and LifeGUARDs so they can discuss and resolve code issues that prompt the opening of Tickets by Coders during Sessions. Coders may or may not necessarily be Members of the CoderLifeline Community. Community membership requires setting up a personal Account. All LifeGUARDs have personal Accounts, as well. Members and LifeGUARDs have access to unique tools that facilitate connecting with Coders and LifeGUARDs. CoderLifeline also facilitates collection of payments by Coders (i.e., Charges) and the distribution of payments to LifeGUARDs and any other third-party agreements to which CoderLifeline has entered as part of its normal business functions (e.g., affiliate commissions, third-party payment processor fees).
How the Site and Services Work
CoderLifeline does not provide and is not responsible for any information or advice exchanged between Coders and LifeGUARDs during Ticket Sessions. You understand and acknowledge that LifeGUARDs are not employees or agents of CoderLifeline. Rather, LifeGUARDs are independent service providers using the Site and Services to provide their expertise to Coders and others. You recognize and acknowledge that CoderLifeline shall not be liable for any losses or damages perceived to be caused by your reliance on information and expertise provided by LifeGUARDs during Sessions. PLEASE NOTE THAT, AS STATED ABOVE, THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE INTERACTION BETWEEN CODERS AND LIFEGUARDS. CODERLIFELINE CANNOT AND DOES NOT CONTROL OR GUARANTEE THE CONTENT CONTAINED IN ANY TICKET REQUESTS OR THE INFORMATION EXCHANGED BETWEEN CODERS AND LIFEGUARDS THROUGH THE SERVICES. YOU UNDERSTAND AND ACKNOWLEDGE THAT CODERLIFELINE IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL REQUESTS AND INFORMATION PROVIDED UNDER THE SERVICES. AS SUCH, ALL CODERS, MEMBERS, AND LIFEGUARDS USE THE SITE AND SERVICES AT THEIR OWN RISK.
Eligible visitors to the Site have the option to join the CoderLifeline Community and become Members. Members have unique account features and benefits not available to Visitors and Coders who do not become Members. Additionally, Member LifeGUARDs have unique tools, features, and benefits not available to other user types in order to support their role in reviewing, answering, processing Tickets, and getting paid.
User Account Registration
You can register to create an Account through either direct registration or by logging into your Account with a social networking site (“SNS”) including Facebook, Github, Google Plus, LinkedIn, and Twitter that is maintained by a Third Party Service Provider. You may link your CoderLifeline Community Account with your SNS account by allowing CoderLifeline to access your SNS account as is permitted under the applicable terms that govern your use of each of your SNS account. You agree that you are entitled to disclose your Third Party Account login information to CoderLifeline through such social network logon norms without obligating CoderLifeline to pay any fees or making CoderLifeline subject to any usage limitations established by such Third Party Service Providers. All content shared as part of SNS logging on to CoderLifeline shall be considered to be Member Content for all purposes of these Terms. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.
No Member can have more than one (1) active CoderLifeline Account, simultaneously. You agree to provide correct and current information throughout the registration process. You also agree to update the information to keep it accurate, current, and complete. You are responsible for keeping your logon credentials private. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any and all activities or actions under your CoderLifeline Account, whether or not you authorized them. You shall immediately notify CoderLifeline of any unauthorized use of your Account.
Coders open Tickets through the Site and Services which route their Tickets to qualified LifeGUARDs for handling. You understand that CoderLifeline’s role is to be an online platform that connects Coders with LifeGUARDs based on their specific code issue needs. CoderLifeline reserves the right, at any time and without prior notice, to remove or disable access to any Ticket for all Coders and Members for any reason, in its sole discretion.
It shall be understood between Coders and LifeGUARDs that information shared during a Session is to be held under a mutual NDA with its confidentiality protected. Coders are obligated to share only that which they are permitted to share with others during a Session. At the same time, LifeGUARDs are not permitted to use information, images, or any other material that is needed during a Session for any purpose other than that which is necessary to work the Ticket to successful resolution.
Mutual Non-Disclosure Agreement (NDA) & Confidentiality Agreement
CoderLifeline disclaims any liability regarding perceived losses related to information shared during a Session.
General Financial Terms
Refund requests must be made directly to CoderLifeline at https://coderlifeline.com/contact/. Please use subject “Refund Request” on the form.
As a LifeGUARD, you understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. CoderLifeline cannot and does not offer Tax-related advice to any Users. LifeGUARDs who earn more than $600.00 within a single tax period as part of the Services through the Site and are eligible for reporting US taxable earnings, will receive the appropriate tax documents for filing and reporting such income by the email information associated with your Account.
LifeGUARDs are able to view Open Tickets that match their skill sets, as they are available. These Tickets have been opened by Coders with the intent of accessing a skilled LifeGUARD to help resolve a code issue. Once a LifeGUARD selects an available Open Ticket from their Account dashboard, he or she is provided with the Coder’s contact information. The LifeGUARD shall make all reasonable efforts to contact the Coder immediately (i.e., within a few minutes) to establish a Session. Once the Session has begun, the LifeGUARD is responsible for tracking the time, in number of minutes, it takes to work the Ticket to resolution. This time is expected to exclude the time spent establishing the Session and shall be confirmed as acceptable to the Coder just prior to closing the Ticket. Once the Ticket is closed, the LifeGUARD shall report the total time spent working the ticket to resolution (the “Session Duration”). The Session Duration will be used to calculate the Charge to the Coder. Payments to LifeGUARDs (“LifeGUARD Payments”) shall be made as a percentage of the Charge minus any discounts and other fees incurred by the Site and the Services (i.e., “Site Service Fees”). The current LifeGUARD Payment rate is 80% of the Charge for new LifeGUARDs. LifeGUARD Payments will be remitted through CoderLifeline’s third party payment provider www.stripe.com. CoderLifeline reserves the right to change the LifeGUARD Payment rate as part of these terms. Other fees that are extracted from the Charge include the Site Service Fees, Third Party Payment Provider Fees, and Affiliate Commissions. Charges are made only when tickets are officially set to “Closed” status.
Sessions and Financial Terms for LifeGUARDs
Coders are solely responsible for the Charge that results from starting a Session. As a Coder, you understand that once a Session has begun, the LifeGUARD is using his or her time to help you resolve your Code Issue in a way that brings you value in exchange for that time. As such, you understand that when the ticket is closed, you shall pay the resulting Charge commensurate with the length of time the Session lasted. You also understand the CoderLifeline offers a 100% Guarantee, meaning you are charged nothing to open a ticket and the full Charge at the time the ticket is closed. If the Code Issue is not resolved, you are not charged. CoderLifeline reserves the right, in its sole discretion, to obtain a pre-authorization of your credit card in order to verify your credit card when you open a ticket. In connection with your payment, you will be asked to provide customary billing information such as name, billing address, and credit card information either to CoderLifeline or to its third party payment processor. Members may have the option to have this information on file to expedite the process of opening Tickets.
Sessions and Financial Terms for Coders
You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the Session, either directly by CoderLifeline or indirectly, via a third party online payment processor. If you are directed to CoderLifeline’s third party payment processor, you may be subject to terms and conditions governing use of their service and their personal information collection practices. Please review such terms and conditions before using the services. Once your transaction is complete you will receive a confirmation email from CoderLifeline summarizing your confirmed Charge.
Expected User Conduct
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site and Services. In connection with your use of our Site and Services, you may not and you agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court;
- use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies CoderLifeline endorsement, partnership or otherwise misleads others as to your affiliation with CoderLifeline;
- copy, store or otherwise access any information contained on the Site, Services or Content for purposes not expressly permitted by these Terms;
- infringe the rights of CoderLifeline or the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right;
- use the Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, images of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use our Site or Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements;
- “stalk” or harass any other user of our Site or Services or Content or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Coder and/or LifeGUARD;
- register for more than one CoderLifeline Community Account or register for a CoderLifeline Community Account on behalf of an individual other than yourself;
- contact a LIfeGUARD for any purpose other than asking a question related to the Request or Services;
- contact a Coder for any purpose other than asking a question related to the Request or Services;
- recruit or otherwise solicit any other Member to join third party services or websites that are competitive to CoderLifeline, without prior written approval from CoderLifeline;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- interfere with or damage the Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use automated scripts to collect information or otherwise interact with the Site or Services;
- use manual or automated software, devices, scripts robots, other means or processes to access, “scrape”, “crawl” or “spider” any web pages or other services contained in the Site, Services or Content;
- use the Site and Services to find a LifeGUARD and then complete a transaction independent of the Site or Services in order to circumvent the obligation to pay any fees related to CoderLifeline provision of the Services;
- submit an application to become a LifeGUARD with false or misleading information;
- post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- systematically retrieve data or other content from our Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror or frame the Site, or any individual element within the Site or Services, CoderLifeline name, any CoderLifeline trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without CoderLifeline express written consent;
- access, tamper with, or use non-public areas of the Site, CoderLifeline’s computer systems, or the technical delivery systems of CoderLifeline’ providers;
- attempt to probe, scan, or test the vulnerability of any CoderLifeline system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by CoderLifeline or any of CoderLifeline’ providers or any other third party (including another user) to protect the Site, Services or Content;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, or Collective Content to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, or Content; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
CoderLifeline shall have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Additionally, CoderLifleine may take a range of actions against you, including but not limited to removing or disabling access to any or all of your Member Content or deactivating or canceling your Account. CoderLifeline may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that CoderLifeline has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. CoderLifeline reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that CoderLifeline, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
As a Coder, you understand you are opening a ticket for one (1) specific coding issue at a time. That issue should be clearly defined and communicated in a way that facilitates effective help from a LifeGUARD towards a resolution. You agree to be professional and respectful in all interactions with Members and LifeGUARDs. You also agree to accept charges by the pricing terms under which you opened the ticket based upon how much time the ticket took to resolve. You agree to be professional and respectful in any and all interactions with LifeGUARDS. While LifeGUARDs are not allowed to share any of what you show them per mutual non-disclosure agreement, you agree to take full responsibility regarding your legal ability to share images, information, or any other material for the purposes of resolving the Ticket.
As a LifeGUARD, you understand you are expected to provide a high-level of customer service for every ticket. You agree to being professional and respectful in all interactions with Coders. You agree not to exploit any Coder’s lack of knowledge or skills in any subject areas with the primary intent of maximizing personal or professional earnings. In addition, you are under a strict non-disclosure agreement that forbids sharing any images, information, and any other material shared with you for the purposes of resolving a Ticket. You acknowledge and agree that, as a LifeGUARD, you are responsible for your own acts and omissions.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by contacting us at https://coderlifeline.com/contact. You acknowledge and agree that all Feedback will be the sole and exclusive property of CoderLifeline and you hereby irrevocably assign to CoderLifeline and agree to irrevocably assign to CoderLifeline all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At CoderLifeline’s request and expense, you will execute documents and take such further acts as CoderLifeline may reasonably request to assist CoderLifeline to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback. In addition, If you feel any user is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of fraud, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and to CoderLifeline.
Subject to your compliance with the terms and conditions of these Terms, CoderLifeline grants you a limited, non-exclusive, non-transferable license, to (i) access and view any CoderLifeline Content solely for your personal and noncommercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and noncommercial purposes. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by CoderLifeline or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site, and Services, and (b) deactivate or cancel your CoderLifeline Community Account. If you are a Member LIfeGUARD, CoderLifeline will promptly pay you any amounts reasonably determined as owed you in its discretion. In the event CoderLifeline terminates the Terms, or your access to the Site and Services or deactivates or cancels your Account, you will remain liable for all amounts due hereunder. You may cancel your Account at any time by contacting CoderLifeline (https://coderlifeline.com/contact). Please note that if your Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site and Services, including, but not limited to, any reviews, reputation or Feedback.
Termination and CoderLifeline Community Account Deactivation
IF YOU CHOOSE TO USE THE SITE AND SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT CODERLIFELINE DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, PROGRAMMERS AND EXPERTS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CODERLIFELINE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. CODERLIFELINE MAKES NO WARRANTY THAT THE SITE, SERVICES, OR COLLECTIVE CONTENT, INCLUDING ANY INFORMATION PROVIDED VIA REQUESTS AND SESSIONS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. CODERLIFELINE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SESSION, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, OR THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CODERLIFELINE OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT CODERLIFELINE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES. CODERLIFELINE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, EXPERTS, REGARDLESS OF WHETHER SUCH COMMUNICATIONS OR INTERACTIONS ARE ORGANIZED BY CODERLIFELINE.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND COLLECTIVE CONTENT, REQUESTS OR SESSIONS VIA THE SITE AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF CODERLIFELINE WHETHER IN PERSON, BY PHONE, ONLINE OR OTHER MEANS REMAINS WITH YOU. NEITHER CODERLIFELINE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR COLLECTIVE CONTENT 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 SITE, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CODERLIFELINE 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. IN NO EVENT WILL CODERLIFELINE AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR REQUEST OF AN EXPERT OR CONNECTION WITH ANY SESSIONS VIA THE SITE AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR SESSIONS MADE VIA THE SITE AND SERVICES AS A MEMBER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CODERLIFELINE AND YOU. 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.
Limitation of Liability
Users agree to indemnify and hold CoderLifeline, its directors, officers, employees, agents, consultants, contractors, partners, vendors, and service providers (including, without limitation, hosting and telecommunications providers) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of User’s access to the Site and/or Use of the Services, the violation of the Terms by the User, or the infringement by User, or any third party using the User’s account, of any intellectual property or other right of any person or entity.
By using the Site and Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Site and Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. CoderLifeline does not permit Requests or Expert applications associated with certain countries due to U.S. embargo restrictions.
Export Control and Restricted Countries
You may not assign or transfer these Terms, by operation of law or otherwise, without CoderLifeline prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. CoderLifeline may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Unless otherwise specified herein, any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by CoderLifeline (i) via email (in each case to the email address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
These Terms will be interpreted in accordance with the laws of the State of Florida and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Tampa, Florida for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
Controlling Law and Jurisdiction
You and CoderLifeline agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and CoderLifeline are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and CoderLifeline otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. Notwithstanding the provisions of the “Modification” section above, if CoderLifeline amends this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms) you will be notified in accordance with these Terms. You may reject any such change by sending us written notice (at https://coderlifeline.com/contact) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of CoderLifeline’ email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and CoderLifeline in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms are intended to govern the agreement between CoderLifeline and you to the extent permitted by all applicable laws, ordinances, rules, and regulations. If any provision of these Terms or the application thereof to any person or circumstances shall, for any reason or to any extent, be invalid or unenforceable, the remainder of these Terms and the application of such provision to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law.
The failure of CoderLifeline to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of CoderLifeline. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
These Terms constitute the entire and exclusive understanding and agreement between CoderLifeline and you regarding the Site, Services, Collective Content and any Requests or Sessions made via the Site and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between CoderLifeline and you regarding the same.
If you have any questions about these Terms, please contact CoderLifeline at:
P.O. Box 2506
Oldsmar FL 34677