Welcome! Coderbyte Enterprise Inc (“Coderbyte”, “we,” “our,” or “us”) provides its services
through its website located at coderbyte.com along with related features, content, applications,
and products (collectively the “Site”).
Before using the Site, please reads these Terms of Use (as amended from time to time, the
“Terms” or the “Agreement”) carefully, along with any other policies, additional terms or notices
on the Site, including without limitation our Privacy Policy located at coderbyte.com/privacy/,
all of which are hereby incorporated by reference into these Terms. Together these materials
contain terms, rules, and guidelines related to your use of the Site.
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT
TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR
LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO
ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS
YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER
(1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST CODERBYTE
ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE
PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND
DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE
ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN
A COURT OF LAW.
Overview
This section is a brief summary of the highlights of this Agreement. Know that when you accept
this Agreement, you are accepting all of the terms and conditions and not just this section.
Coderbyte provides a collection of programming challenges and courses that are designed to help
an individual improve his or her skills and/or assess the skills of an individual on behalf of an
organization.
By simply using our Site, including just browsing our website, you are agreeing to our Terms, so
please read carefully.
These Terms outline approved uses of the Site, various licenses we grant to you, and the licenses
you grant to us.
If you have any questions or comments related to this Agreement, please send us a message on
our website at coderbyte.com/contact.
If you do not agree to this Agreement or any modifications to this Agreement, you may not use
our Site.
How You Accept This Policy
By accessing or using our Site you acknowledge that you have read, understood, and agree to
these Terms, as well as any other policies, additional terms or notices on the Site, including
without limitation our Privacy Policy located at coderbyte.com/privacy.
We may modify the Terms at any time. Any changes to the Terms will be reflected on this page
and will become effective fourteen (14) days after posting. If the changes are significant, we may
notify you via email or through other reasonable means. Please check the effective date below to
determine if there have been any changes since you have last reviewed the Terms.
If you do not agree to this Agreement or any modifications to this Agreement, you may not use
our Site.
Eligibility
Only individuals who are at least 18 years old and can form legally binding contracts can use the
Site. If you are under 13 years old, you may not use the Site. In addition, if you are under 18
years old and would like to use the Site, you can, but only if a parent or legal guardian who is at
least 18 years old approves your use and supervises you. In all cases, the adult would be the user
and is responsible for any and all activity.
You can only use our Site to the extent the laws of the United States (and your jurisdiction if not
the United States) do not bar you from doing so. Please make sure these Terms are in compliance
with all laws, rules, and regulations that apply to you.
By using the Site, you represent and warrant that you meet all eligibility requirements we outline
in these Terms. We may still refuse to let certain people access or use the Site at our sole
discretion. We may also change our eligibility criteria.
You may use the Site only for your own personal, noncommercial use and not for the use or
benefit of any third party (unless you are a parent or legal guardian using the Site for your minor
child). However, you may participate in skill assessments at the request of a prospective
employer as further described through the Site.
Account Information
If you sign up for an account with Coderbyte, you will be responsible for maintaining the
confidentiality of your password and account, if any, and will be fully responsible for any and all
activities that occur under your password or account. You agree to: (a) immediately notify us of
any unauthorized use of your password or account or any other breach of security; and (b) ensure
that you exit from your account at the end of each session when accessing the Site. We will not
be liable for any loss or damage arising from your failure to comply with this paragraph.
The Site
We make every effort to keep the Site up and running smoothly, but at times the Site may be
interrupted or temporarily unavailable due to issues beyond our control. We will not be liable to
you if for any reason the Site is unavailable and we may suspend, withdraw, discontinue or
change the Site without notice. We reserve the right to disable (some or all of) the functionalities
of the Site for any account at any time for any reason, without notice, without liability to you or
to any third parties.
Sign Up and Login Information. We'll need your username, email, and a password to sign up for
an account with Coderbyte. This information is required in order to complete a challenge.
Payment
After you have registered with Coderbyte, you may subscribe on our Membership page,
available at coderbyte.com/member. Coderbyte subscriptions renew automatically on a monthly
or yearly basis, depending on the plan selected. By entering your payment information, you
authorize Coderbyte to charge the amount of your order to your selected payment option in
advance on a periodic basis in accordance with the terms of the applicable payment plan until
you terminate your account. You can always cancel your membership at any time by changing
your settings at coderbyte.com/settings.
Please note that no subscription is required to solve questions posted by an organization that has
requested your participation.
All payments will be made in U.S. dollars and are non-refundable. Unless otherwise mutually
agreed by you and Coderbyte in writing, payment will be made by credit card through a
Coderbyte third-party payment processor. You are responsible for providing current, valid credit
card information during registration and at all times during the term. You may update the credit
card information provided during registration at any time by logging onto the Site and updating
the applicable information.
Changing or Cancelling an Order. We work hard to process orders quickly so that you don't have
to wait. However, this means that although we try to accommodate order modifications, we
cannot guarantee them. If you would like to change or cancel an order, email us at
[email protected] with the subject line “Change/Cancel Order.” If you would like your
membership subscription to not renew, you must cancel your subscription on the Site at least 24
hours prior to renewal for monthly plans, and at least seven (7) days prior to renewal for annual
plans.
Taxes. You are responsible for any duties, customs fees, or taxes (other than our income tax)
associated with your Coderbyte subscription (“Taxes”), including any related penalties or
interest, and you will pay us for your Coderbyte subscription without any reduction for Taxes. If
we are obligated to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide us
with a valid tax exemption certificate authorized by the appropriate taxing authority. If you are
required by law to withhold any Taxes from your payment to us, you must provide us with an
official tax receipt or other appropriate documentation to support such payments.
Changes to Subscription Fees. We reserve the right to revise the fees we charge to subscribe to
access the Site. If we do so, and you're currently subscribed to the Site, we'll do our best to
provide you with written notice (which may be by email) at least thirty days prior to the change.
Delinquent Payments. Delinquent payments may bear interest at the rate of one-and-one-half
percent (1.5%) per month (or the highest rate permitted by law, if less) from the payment due
date until paid in full. You will be responsible for all reasonable expenses (including attorneys'
fees) that we incur in collecting delinquent amounts, except where such delinquent amounts are
due to our billing inaccuracies.
Third Party Services and Content
We utilize links and other tools to connect users to third party services and websites, such as
Google Analytics, and Stripe and PayPal to process payments (“Third Party Services”). We have
no control over the content and policies of these Third Party Services, and in no event shall we
be held responsible or liable for the accuracy, reliability, or currentness of any third party's
content or policies, or for any loss or damage of any kind incurred as a result of the use of any
such content. Users who access or use a Third Party Service through the Site are solely
responsible for complying with the terms and policies of these third parties. You acknowledge
that Coderbyte does not pre-screen content, but that Coderbyte and its designees will have the
right (but not the obligation) in their sole discretion to refuse or remove any content that is
available via the Site. Without limiting the foregoing, Coderbyte and its designees will have the
right to remove any content that violates these Terms or is deemed by Coderbyte, in its sole
discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks
associated with, the use of any content, including any reliance on the accuracy, completeness, or
usefulness of such content. Your interactions with organizations and/or individuals found on or
through the Site, including membership payment or services, and any other terms, condition,
warranties, or representations associated with such dealings, are solely between you and such
organizations and/or individuals.
In no event shall a description or reference to a third party's product or service (including, but not
limited to, providing a description or reference via hyperlink) be construed as an endorsement of
such third party product or service by us. We retain the exclusive right to add to, modify, or
cancel the availability of any Third Party Service.
Your Use of Our Site
When using the Site, you must follow these basic rules:
Recordings. We reserve the right to record your use of the Site, including you solving challenges, which may be performed via a third-party service called Inspectlet, or through a different service. The service works by saving your mouse movements and key presses. This allows organization admins to see how you modify code over time, and to generally improve the Site and our services. The tracking is only performed within the Site, so it will not occur on any other web page or website once you leave the Site.
Intellectual Property
The content on the Site contains copyrighted material, trademarks, and other proprietary
information belonging to us or certain third parties, including but not limited to text, software,
photos, and graphics, and may in the future include video, graphics, music, and sound, which is
protected by copyright law, registered and unregistered trademarks, database rights, and other
intellectual property rights. Unless otherwise provided, we or our licensors exclusively own this
content and your use of the Site does not grant you any right, title, or interest in the content.
Nothing in these Terms or the Site should be construed as granting, by implication, estoppel, or
otherwise, any license or right to use any of any trademarks displayed on the Site, without our
prior written permission in each instance. All goodwill generated from the use of Coderbyte’s
will inure to our exclusive benefit.
License You Grant to Us Over User Content
There are areas of the Site and areas on third party sites where you can communicate with us.
You are solely responsible for all code, video, images, information, data, text, software, music,
sound, photographs, graphics, messages or other materials (which are collectively referred to as
“content” throughout these Terms) that you upload, post, publish or display to the Site or
otherwise provide to us (the “User Content”). We do not own any of your User Content. You
represent and warrant that you own all right, title and interest in and to the User Content,
including, without limitation, all copyrights and rights of publicity contained therein.
When you upload, post, publish or display to the Site or otherwise provide to us any User
Content, you hereby grant us a worldwide, non-exclusive, paid-up, royalty-free, perpetual,
irrevocable, sublicensable (directly and indirectly through multiple tiers), transferable and
assignable license to modify, display, upload, perform, distribute, adapt, copy, store, upload,
publish and otherwise use your User Content, in any form, medium or technology now known or
later developed, in connection with the operation of the Site, for promotional purposes, to
improve the Site and for any other purpose, commercial or otherwise, without acknowledgment
or compensation to you. You agree that the User Content provided to Coderbyte is non-
confidential and that Coderbyte’s rights with respect to the User Content are unrestricted.
Intellectual Property Infringement Complaints:
We respect the intellectual property of others, and we ask our users to do the same. If you
believe that your work has been copied in a way that constitutes copyright infringement, or that
your intellectual property rights (e.g., trademarks, patents, trade secrets, rights of publicity, etc.)
have been otherwise violated, you should notify us of your infringement claim in accordance
with the procedure set forth below.
Copyrights. We will process and investigate notices of alleged copyright infringement and will
take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other
applicable intellectual property laws with respect to any alleged or actual infringement. A
notification of claimed copyright infringement should be emailed to our Copyright Agent at
[email protected] (Subject line: “DMCA Takedown Request”). You may also contact us by
mail or facsimile at:
Coderbyte Enterprise Inc
434 Washington Street
Carlstadt, NJ 07072
To be effective, the notification must be in writing and contain the following information:
Counter-Notice. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, we will send a copy of the counter-notice
to the original complaining party informing that person that it may replace the removed content
or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking
a court order against the content provider, member or user, the removed content may be replaced,
or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the
counter-notice, at our sole discretion.
Repeat Infringer Policy. In accordance with the DMCA and other applicable law, we have
adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users
who are deemed to be repeat infringers. We may also at its sole discretion limit access to the
Site and/or terminate the memberships of any users who infringe any intellectual property rights
of others, whether or not there is any repeat infringement.
Other Intellectual Property. Please send us an email at [email protected]. Your complaint
or request should include:
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL
WE OR ANY OF OUR OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS,
SERVANTS, COUNSEL, EMPLOYEES, CONSULTANTS, LAWYERS, AND OTHER
PERSONNEL AUTHORIZED TO ACT, ACTING, OR PURPORTING TO ACT ON OUR
BEHALF (COLLECTIVELY THE “CODERBYTE PARTIES”) BE LIABLE TO YOU UNDER
CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR
EQUITABLE THEORY, FOR: (A) ANY LOST PROFITS, DATA LOSS, COST OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL
DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO,
USE OF, OR RELIANCE ON THE SITE OR ANY CONTENT PROVIDED THROUGH THE
SITE OR ANY ERRORS OR OMISSIONS IN THE SITE OR ANY CONTENT; (II) ANY
UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR CODERBYTE’S SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SITE; OR (IV) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE
BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (B)
ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF:
(I) FEES PAID TO US FOR THE APPLICABLE PRODUCTS; OR (II) $100.00.
THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED
ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY,
OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE WERE ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
Warranty Disclaimer
You understand and agree that we have no control over, and no duty to take any action
regarding:
THE SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE
MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS
AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SITE OR ANY
CONTENT ON THE SITE, WHETHER PROVIDED OR OWNED BY US OR BY ANY
THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-
INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED
WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE,
OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION,
WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE
SITE IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SITE
WILL MEET YOUR REQUIREMENTS.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO
THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH
GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL
RIGHTS THAT VARY FROM STATE TO STATE.
Note to New Jersey Users
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED
“LIMITATION OF LIABILITY” AND “WARRANTY DISCLAIMER” ARE INTENDED TO
BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW
JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER
THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION
SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE
APPLICABLE SECTIONS.
Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the
Coderbyte Parties from and against any and all claims, damages, obligations, losses, liabilities,
costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your use
of and access to the Site; (ii) any User Content; (iii) your violation of any term of this
Agreement; or (iv) your violation of any law, rule, or regulation, or the rights of any third party.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A
general release does not extend to claims which the creditor does not know or suspect to exist in
his favor at the time of executing the release, which if known by him must have materially
affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive
any comparable statute or doctrine.
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with us must
be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Governing Law
No matter where you're located, the laws of the State of New York will govern these Terms and
the parties' relationship as if you signed these Terms in New York, without regard to New York
state's conflicts of laws rules. If any provisions of these Terms are inconsistent with any
applicable law, those provisions will be superseded or modified only to the extent such
provisions are inconsistent. The parties agree to submit to the federal or state courts in New York
County, New York for exclusive jurisdiction of any dispute or claim arising out of or related to
your use of the Services or your breach of these Terms that is not subject to arbitration, as set
forth below. You waive any objection based on lack of personal jurisdiction, place of residence,
improper venue, or forum non conveniens in any such action. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising out of or related to use of the
Site or these Terms must be filed within one (1) year after such claim or cause of action arose or
be forever barred.
Note to International Users
The Site is hosted in the United States. If you are a user accessing the Site from the European
Union, Asia, or any other region with laws or regulations governing personal data collection, use,
and disclosure that differ from United States laws, please be advised that through your continued
use of the Site, which is governed by US law, you are transferring your Personal Information to
the United States and you consent to that transfer. The Site is subject to United States export
controls. No software may be downloaded from the Site or otherwise exported or re-exported in
violation of U.S. export laws. Downloading or using the Site is at your sole risk. Recognizing
the global nature of the Internet, you agree to comply with all local rules and laws regarding your
use of the Site, including as it concerns online conduct and acceptable content.
Termination
We reserve the right to terminate your right to use the Site or block or prevent your access to the
Site, without providing you with notice or reason. In the event of termination, your obligations
under this Agreement will still continue.
No Waiver
Our failure to exercise or delay in exercising any right, power, or privilege under this Agreement
shall not operate as a waiver; nor shall any single or partial exercise of any right, power, or
privilege preclude any other or further exercise thereof.
Severability
If it turns out that any part of this Agreement is invalid, void, or for any reason unenforceable,
that term will be deemed severable and limited or eliminated to the minimum extent necessary.
The limitation or elimination of the term will not affect any other terms.
Arbitration & Waiver of Class Action
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the
“Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may
arise between you and Coderbyte, whether arising out of or relating to these Terms (including
any alleged breach thereof), the Services, any advertising, any aspect of the relationship or
transactions between us, shall be resolved exclusively through final and binding arbitration,
rather than a court, in accordance with the terms of this Arbitration Agreement, except that you
may assert individual claims in small claims court, if your claims qualify. Further, this
Arbitration Agreement does not preclude you from bringing issues to the attention of federal,
state, or local agencies, and such agencies can, if the law allows, seek relief against us on your
behalf. You agree that, by entering into these Terms, you and Coderbyte are each waiving the
right to a trial by jury or to participate in a class action. Your rights will be determined by a
neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and
enforcement of this Arbitration Agreement.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND CODERBYTE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE
OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS
MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR
PROCEEDING. UNLESS BOTH YOU AND CODERBYTE AGREE OTHERWISE, THE
ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR
PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A
CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE
ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND
DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING
RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF
NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU
MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC
INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR
THE ENFORCEABILITY OF THIS PROVISION.
Pre-Arbitration Dispute Resolution
Coderbyte is always interested in resolving disputes amicably and efficiently, and most customer
concerns can be resolved quickly and to the customer’s satisfaction by emailing customer
support at [email protected]. If such efforts prove unsuccessful, a party who intends to seek
arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”).
The Notice to Coderbyte should be sent to:
Coderbyte Enterprise Inc
434 Washington Street
Carlstadt, NJ 07072
(“Notice Address”). The
Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific
relief sought. If Coderbyte and you do not resolve the claim within sixty (60) calendar days after
the Notice is received, you or Coderbyte may commence an arbitration proceeding. During the
arbitration, the amount of any settlement offer made by Coderbyte or you shall not be disclosed
to the arbitrator until after the arbitrator determines the amount, if any, to which you or
Coderbyte is entitled.
Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration
Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules
(collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on
the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and
fees for consumer disputes can be found at the AAA’s consumer arbitration page,
http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the
AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration
Agreement will control unless the arbitrator determines that the application of the inconsistent
Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator
must also follow the provisions of these Terms as a court would. All issues are for the arbitrator
to decide, including, but not limited to, issues relating to the scope, enforceability, and
arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler
and more streamlined than trials and other judicial proceedings, the arbitrator can award the
same damages and relief on an individual basis that a court can award to an individual under
these Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be
overturned by a court only for very limited reasons.
Unless Coderbyte and you agree otherwise, any arbitration hearings will take place in a
reasonably convenient location for both parties with due consideration of their ability to travel
and other pertinent circumstances. If the parties are unable to agree on a location, the
determination shall be made by AAA. If your claim is for $10,000 or less, Coderbyte agrees that
you may choose whether the arbitration will be conducted solely on the basis of documents
submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as
established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be
determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted,
the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings
and conclusions on which the award is based.
Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”)
will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If
the value of the relief sought is $75,000 or less, at your request, Coderbyte will pay all
Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to
demonstrate to the arbitrator that you are economically unable to pay your portion of the
Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be
required to pay your portion of the Arbitration Fees, Coderbyte will pay your portion of such
fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be
prohibitive as compared to the costs of litigation, Coderbyte will pay as much of the Arbitration
Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
Any payment of attorneys’ fees will be governed by the AAA Rules.
Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will
be strictly confidential for the benefit of all parties.
Severability
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other
than the subsection titled “Prohibition of Class and Representative Actions and Non-
Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term
or provision with a term or provision that is valid and enforceable and that comes closest to
expressing the intention of the invalid or unenforceable term or provision, and this Arbitration
Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the
provisions of subsection above titled “Prohibition of Class and Representative Actions and Non-
Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration
Agreement shall be null and void, unless such provisions are deemed to be invalid or
unenforceable solely with respect to claims for public injunctive relief. The remainder of these
Terms will continue to apply.
Future Changes to Arbitration Agreement
Notwithstanding any provision in these Terms to the contrary, Coderbyte agrees that if it makes
any future change to this Arbitration Agreement (other than a change to the Notice Address)
while you are a user of the Services, you may reject any such change by sending Coderbyte
written notice within thirty (30) calendar days of the change to the Notice Address provided
above. By rejecting any future change, you are agreeing that you will arbitrate any dispute
between us in accordance with the language of this Arbitration Agreement as of the date you first
accepted these Terms (or accepted any subsequent changes to these Terms).
Force Majeure
We shall not be held liable for any delays, failure in performance, or interruptions of service
which result directly or indirectly from any cause or condition beyond our reasonable control,
including but not limited to: any delay or failure due to any act of God, act of civil or military
authorities, act of terrorism, civil disturbance, war, strike or other labor dispute, fire, interruption
in telecommunications or Internet services or network provider services, failure of equipment
and/or software, other catastrophe, or any other occurrence which is beyond our reasonable
control and shall not affect the validity and enforceability of any remaining provisions.
Assignment
You agree that we may assign any of our rights and/or transfer, sub-contract, or delegate any of
our obligations under these Terms. Your agreement to these Terms is personal to you and you
may not transfer or assign it to any third party.
Entire Agreement
This Agreement sets forth the entire understanding and agreement as to the subject matter hereof
and supersedes any and all prior discussions, agreements, and understandings of any kind
(including without limitation any prior versions of this Agreement) and every nature between us.
Except as provided for above, any modification to this Agreement must be in writing and must
be signed by both parties. A printed version of these Terms and of any notice given in electronic
form will be admissible in judicial or administrative proceedings based upon or relating to these
Terms to the same extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form. The section titles in these Terms
are for convenience only and have no legal or contractual effect.
Notice for California Users
Under California Civil Code Section 1789.3, users of the Site from California are entitled to the
following specific consumer rights notice: The Complaint Assistance Unit of the Division of
Consumer Services of the California Department of Consumer Affairs may be contacted in
writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at
(916) 445-1254 or (800) 952-5210.
Questions or Comments
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interested in advertising on the Site. Please send us a message on our contact page at
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We know that Terms can be long. Thanks for making it to the end!