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Pledge4Code.com, Inc. Terms of Service 1. Your relationship with Pledge4Code.com, Inc. 1.1 Your use of Pledge4Code.com, Inc.'s products, software, services and web sites (referred to collectively as the "Services" in this document and excluding any services provided to you by Pledge4Code.com, Inc. under a separate written agreement) is subject to the terms of a legal agreement between you and Pledge4Code.com, Inc, whose principal place of business is at 2103 Harrison Ave NW, Suite 2641, Olympia, Washington, 98502, United States. This document explains how the agreement is made up, and sets out some of the terms of that agreement. 1.2 The terms and conditions set out in this document are referred to below as the "Terms". The Terms form a legally binding agreement between you and Pledge4Code.com, Inc. in relation to your use of the Services. It is important that you take the time to read them carefully. 2. Accepting the Terms 2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. 2.2 You can accept the Terms by: (A) clicking to accept or agree to the Terms, where this option is made available to you by Pledge4Code.com, Inc. in the user interface for any Service; or (B) by actually using the Services. In this case, you understand and agree that Pledge4Code.com, Inc. will treat your use of the Services as acceptance of the Terms from that point onwards. 2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Pledge4Code.com, Inc., or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services. 2.4 Before you continue, you should print off or save a local copy of the Terms for your records. 3. Language of the Terms 3.1 Where Pledge4Code.com, Inc. has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Pledge4Code.com, Inc.. 3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence. 4. Provision of the Services by Pledge4Code.com, Inc. 4.1 Pledge4Code.com, Inc. has subsidiaries and affiliated legal entities around the world ("Subsidiaries and Affiliates"). Sometimes, these companies will be providing the Services to you on behalf of Pledge4Code.com, Inc. itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you. 4.2 Pledge4Code.com, Inc. is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Pledge4Code.com, Inc. provides may change from time to time without prior notice to you. 4.3 As part of this continuing innovation, you acknowledge and agree that Pledge4Code.com, Inc. may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Pledge4Code.com, Inc.'s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Pledge4Code.com, Inc. when you stop using the Services. 4.4 You acknowledge and agree that if Pledge4Code.com, Inc. disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account. 5. Use of the Services by you 5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Pledge4Code.com, Inc. will always be accurate, correct and up to date. 5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). 5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Pledge4Code.com, Inc., unless you have been specifically allowed to do so in a separate agreement with Pledge4Code.com, Inc.. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services. 5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). 5.5 Unless you have been specifically permitted to do so in a separate agreement with Pledge4Code.com, Inc., you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. 5.6 You agree that you are solely responsible for (and that Pledge4Code.com, Inc. has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Pledge4Code.com, Inc. may suffer) of any such breach. 6. Your passwords and account security 6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. 6.2 Accordingly, you agree that you will be solely responsible to Pledge4Code.com, Inc. for all activities that occur under your account. 7. Privacy and your personal information 7.1 For information about Pledge4Code.com, Inc.'s data protection practices, please read Pledge4Code.com, Inc.'s privacy policy at http://www.Pledge4Code.com/content/privacy/. This policy explains how Pledge4Code.com, Inc. treats your personal information, and protects your privacy, when you use the Services. 7.2 You agree to the use of your data in accordance with Pledge4Code.com, Inc.'s privacy policies. 8. Content in the Services 8.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content". 8.2 Pledge4Code.com, Inc. reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. 8.3 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk. 8.4 You agree that you are solely responsible for (and that Pledge4Code.com, Inc. has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Pledge4Code.com, Inc. may suffer) by doing so. 9. Proprietary rights 9.1 You acknowledge and agree that Pledge4Code.com, Inc. (or Pledge4Code.com, Inc.'s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Pledge4Code.com, Inc. and that you shall not disclose such information without Pledge4Code.com, Inc.'s prior written consent. 9.2 Unless you have agreed otherwise in writing with Pledge4Code.com, Inc., nothing in the Terms gives you a right to use any of Pledge4Code.com, Inc.'s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features. 9.3 Other than the limited license set forth in Section 10, Pledge4Code.com, Inc. acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Pledge4Code.com, Inc., you agree that you are responsible for protecting and enforcing those rights and that Pledge4Code.com, Inc. has no obligation to do so on your behalf. 9.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services. 9.6 Unless you have been expressly authorized to do so in writing by Pledge4Code.com, Inc., you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos. 10. Content license from you 10.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Pledge4Code.com, Inc. a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. 10.2 You agree that this license includes a right for Pledge4Code.com, Inc. to make such Content available to other companies, organizations or individuals with whom Pledge4Code.com, Inc. has relationships. 10.3 You understand that Pledge4Code.com, Inc., in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Pledge4Code.com, Inc. to take these actions. 10.4 You confirm and warrant to Pledge4Code.com, Inc. that you have all the rights, power and authority necessary to grant the above license. 11. Ending your relationship with Pledge4Code.com, Inc. 11.1 The Terms will continue to apply until terminated by either you or Pledge4Code.com, Inc. as set out below. 11.2 If you want to terminate your legal agreement with Pledge4Code.com, Inc., you may do so by (a) notifying Pledge4Code.com, Inc. at any time and (b) closing your account, where Pledge4Code.com, Inc. has made this option available to you. Your notice should be sent, in writing, to Pledge4Code.com, Inc.'s address which is set out at the beginning of these Terms. 11.3 Pledge4Code.com, Inc. may at any time, terminate its legal agreement with you if: (A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or (B) Pledge4Code.com, Inc. is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or (C) Pledge4Code.com, Inc. is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or (D) the provision of the Services to you by Pledge4Code.com, Inc. is, in Pledge4Code.com, Inc.'s opinion, no longer commercially viable. 11.4 Nothing in this Section shall affect Pledge4Code.com, Inc.'s rights regarding provision of Services under Section 4 of the Terms. 11.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Pledge4Code.com, Inc. have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 17.7 shall continue to apply to such rights, obligations and liabilities indefinitely. 12. EXCLUSION OF WARRANTIES 12.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 12 AND 13, SHALL EXCLUDE OR LIMIT Pledge4Code.com, Inc.'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. 12.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." 12.3 IN PARTICULAR, Pledge4Code.com, Inc., ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. 12.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. 12.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Pledge4Code.com, Inc. OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. 12.6 Pledge4Code.com, Inc. FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 13. LIMITATION OF LIABILITY 13.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 12.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT Pledge4Code.com, Inc., ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES; (II) ANY CHANGES WHICH Pledge4Code.com, Inc. MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (III) YOUR FAILURE TO PROVIDE Pledge4Code.com, Inc. WITH ACCURATE ACCOUNT INFORMATION; (IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; 13.2 THE LIMITATIONS ON Pledge4Code.com, Inc.'S LIABILITY TO YOU IN PARAGRAPH 13.1 ABOVE SHALL APPLY WHETHER OR NOT Pledge4Code.com, Inc. HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. 14. Copyright and trade mark policies 14.1 It is Pledge4Code.com, Inc.'s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers. Details of Pledge4Code.com, Inc.'s policy can be found at http://www.Pledge4Code.com/content/dmca/. 15. Other content 15.1 The Services may include hyperlinks to other web sites or content or resources. Pledge4Code.com, Inc. may have no control over any web sites or resources which are provided by companies or persons other than Pledge4Code.com, Inc.. 15.2 You acknowledge and agree that Pledge4Code.com, Inc. is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. 15.3 You acknowledge and agree that Pledge4Code.com, Inc. is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources. 16. Changes to the Terms 16.1 Pledge4Code.com, Inc. may make changes to the Terms or Additional Terms from time to time. When these changes are made, Pledge4Code.com, Inc. will make a new copy of the Terms available at http://www.Pledge4Code.com/content/terms-of-service/ and any new Additional Terms will be made available to you from within, or through, the affected Services. 16.2 You understand and agree that if you use the Services after the date on which the Terms or Additional Terms have changed, Pledge4Code.com, Inc. will treat your use as acceptance of the updated Terms. 17. General legal terms 17.1 The Terms constitute the whole legal agreement between you and Pledge4Code.com, Inc. and govern your use of the Services (but excluding any services which Pledge4Code.com, Inc. may provide to you under a separate written agreement), and completely replace any prior agreements between you and Pledge4Code.com, Inc. in relation to the Services. 17.2 You agree that Pledge4Code.com, Inc. may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services. 17.3 You agree that if Pledge4Code.com, Inc. does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Pledge4Code.com, Inc. has the benefit of under any applicable law), this will not be taken to be a formal waiver of Pledge4Code.com, Inc.'s rights and that those rights or remedies will still be available to Pledge4Code.com, Inc.. 17.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable. 17.5 The Terms, and your relationship with Pledge4Code.com, Inc. under the Terms, shall be governed by the laws of the State of Washington without regard to its conflict of laws provisions. You and Pledge4Code.com, Inc. agree to submit to the exclusive jurisdiction of the courts located within the county of Thurston, Washington to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Pledge4Code.com, Inc. shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. I accept the terms & conditions above.
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