Terms of Use

The online service Codewars and our website(s), services and applications (the “Services”) are owned and operated by Andela Inc. (“Andela,” the “Company,” “we” or “us”). These Terms of Use (“Terms”) are a binding contract between you and the Company and govern all use of the Services.  The Services are offered subject to your acceptance without modification of these Terms, which include the provisions contained herein and all other provisions in the operating rules, policies (including, without limitation, Codewars Privacy Policy and Code of Conduct) and procedures that we may publish from time to time on the Codewars website, each as updated from time to time. Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms.

Please read these Terms carefully before accessing or using the Services. By accessing or using any part of the Services, you agree to become bound by these Terms. These Terms include information about future changes to these Terms, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. If you do not agree to all these Terms, then you may not access or use any Services. If these Terms are considered an offer by the Company, acceptance is expressly limited to these terms.  

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. 

1. Age Restrictions and Messages

The Services are available only to individuals who are at least 16 years old. By using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services in any manner. 

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. We do not knowingly collect or solicit personally identifiable information from children under 16 years of age; if you are a child under 16 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided us personal information, please contact us at info@codewars.com.

As part of the Services, you may receive communications through the Services, including messages that we send you (for example, via email). When signing up for the Services, you may receive, for example, a welcome message and instructions on how to stop receiving messages.

2. Your Codewars Account and Site

We reserve the right to withdraw or amend the Services and any material we provide access to through the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the Services in their entirety, to users, including registered users.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Services.
• Ensuring that all persons who access the Services through your internet connection are aware of these Terms and comply with them.

To access the Services, you may be required to sign up for an account and be asked to provide certain registration details, including a username and password (“Codewars Account Credentials”), or other information. It is a condition of your use of the Services that all the information you provide through or in connection with your use of the Services is correct, current and complete. You may not select as your Codewars Account Credentials a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You agree that all Personal Information (as that term is defined in the Privacy Policy) you provide to register for an account for the Services or otherwise, including, through the use of any interactive features of the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your Personal Information consistent with our Privacy Policy.

If you choose, or are provided with, Codewars Account Credentials or any other piece of information as part of our security procedures, you must treat such Codewars Account Credentials and information as confidential, and you must not disclose any of the foregoing to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions thereof using your Codewars Account Credentials or other security information. You are responsible for any activity associated with your Codewars Account Credentials and account.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

3. Changes

Andela reserves the right, at its sole discretion, to modify or replace any part of these Terms and the Services. It is your responsibility to check these Terms periodically for changes. If you don’t agree with changes to the Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. Your continued use of or access to the Services in any way following the posting of any changes to these Terms constitutes acceptance of those changes. Andela may also, in the future, offer new services and/or features through the Services (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of these Terms. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Except for changes by us as described in this section, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

4. Intellectual Property

The Services and all contents, features and functionality of the Services and all materials displayed, performed or made available on or through the Services (including all information, software, text, displays, graphics, data, articles, images, video and audio, and the design, selection and arrangement thereof), including all User Contributions (all of the foregoing collectively, the “Content”), are owned by the Company, its licensors or other providers of such material and are protected by United States, and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms permit you to use the Services and the Content for your internal, personal, non-commercial use only, and not for, on behalf of or for the benefit of any third party. Any use of the Services or Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws. If your use of the Services or Content is prohibited by applicable laws, then you aren’t authorized to use the Services or Content. We can’t and won’t be responsible for your using the Services or Content in a way that breaks the law.

These Terms do not transfer from the Company to you any Andela or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Andela. Codewars, the Codewars logo, and all other trademarks, service marks, graphics and logos used in connection with Codewars, or the Services are trademarks or registered trademarks of Andela or Andela’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any Codewars or third-party trademarks. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (a) without the prior consent of the owner of that Content or (b) in a way that violates someone else’s (including the Company’s) rights.

Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that Andela owns the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in these Terms still apply.

You must not:

• Modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services or the Content, or any copies of any materials from this site.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

5. Open-source Content

In submitting User Contributions in the form of Kata Data, you license the User Contributions under the FreeBSD 2-Clause License:

Copyright (c) <YEAR of SUBMISSION>, <USERNAME> All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. The views and conclusions contained in the software and documentation are those of the authors and should not be interpreted as representing official policies, either expressed or implied, of the FreeBSD Project.

6. User Contributions and Feedback

The Services may contain message boards, chat rooms, kata, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") User Contributions. Anything you post, upload, share, store or otherwise provide through the Services, including all kata solutions or comments (‘Kata Data”), is your "User Contributions".  

All User Contributions must comply with these Terms.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. In submitting content, including authored kata, you agree to allow others to view, fork and edit your content.  By providing any User Contribution on the Services, including kata solutions, you hereby grant and shall grant the Company and its affiliates and service providers, and each of their and our respective licensees, successors and assigns  the perpetual, worldwide, non-exclusive, no charge, royalty-free, irrevocable, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, publicly display, publicly perform, sublicense, distribute and fully exploit the User Contributions in connection with this site, the Services and our respective businesses, including without limitation for promoting and redistributing part or all of this site or the Services (and any derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your account or the Services. Without limiting the foregoing, you acknowledge and agree that the Company and its affiliates may commercialize or otherwise provide Kata Data and other User Contributions to artificial intelligence and machine learning model providers and other third parties for their own business purposes, including to train and improve artificial intelligence and machine learning models. You can opt-out of the use of your User Contributions for training purposes by visiting your account settings: https://www.codewars.com/users/edit , and such opt-out will apply to all User Contributions submitted after the effective date of such opt-out. Proceeds from the commercialization of Kata Data and other User Contributions may be used by the Company and its affiliates for any purpose in their sole discretion, which may include usage for the support of talent programs within the Codewars community.

Finally, you understand and agree that the Company, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

You represent and warrant that:  

• You own or control all rights in and to the User Contributions and have the right to grant the licenses granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns;
• All User Contributions submitted by you are accurate, complete, up-to-date and in compliance with all applicable laws, rules and regulations; 

• You will not contribute any Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless you own the trade secret or have the owner’s permission to post it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) violates any law or right of any third party, (e) is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; and

• All of your User Contributions do and will comply with these Terms.  

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

To the extent that you provide any comments, suggestions or other feedback regarding the Services or Andela’s products, services, or website as a whole (collective, the “Feedback”), you hereby assign to the Company all right, title and interest in and to the Feedback. The Company is under no obligation to implement any Feedback it may receive from you.

The Company is not responsible, or liable to any third party, for the content or accuracy of any User Contributions or Feedback posted by you or any other user of the Services.

7. Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms.

You agree not to contribute anything, including any Content or User Contributions, to the Services, or otherwise use or interact with the Services, in a manner that:

• Violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries) or is otherwise not reasonably intended by the Company;  

• Exploits, harms or attempts to exploit or harm minors in any way, including, for example, by exposing them to inappropriate content, asking for personally identifiable information or otherwise;

• Involves sending, knowingly receiving, uploading, downloading, using or re-using any material which does not comply with these Terms;

• Transmits, or procures the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation;

• Impersonates or attempts to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);

• Infringes or violates the intellectual property rights or any other rights of anyone else (including Andela);
• Restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services, or expose them to liability;

• Is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene or otherwise objectionable;
• Jeopardizes the security of your Codewars Account Credentials, account or anyone else’s (such as allowing someone else to log in to the Services as you);
• Attempts, in any manner, to obtain the password, account, or other security information from any other user;
• Could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services;

• “Crawls,” “scrapes,” or “spiders” any page, data or portion of or relating to the Services or Content, including, for example, through the use of any robot, spider or other automatic device, process or means to access the Services for monitoring or copying any of the Content made available through the Services or for any other purpose;
• Copies or stores or otherwise uses any manual or automated process to monitor or copy any of the Services or any Content made available through the Services, or for any other purpose not expressly authorized in these Terms, without our prior written consent;
• Violates the security of any computer network, or cracks any passwords or security encryption codes;

• Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
• Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services;
• Uses any device, software or routine that interferes with the proper working of the Services;
• Introduces any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
• Attempts to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer or database connected to the Services;
• Attacks the Services via a denial-of-service attack or a distributed denial-of-service attack; or

• Otherwise attempts to interfere with the proper working of the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

8. Monitoring and Enforcement; Termination

Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

We have the right, at our option, to:

• Remove or refuse to post any User Contributions or Feedback for any or no reason in our sole discretion;
• Take any action with respect to any User Contribution or Feedback that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution or Feedback violates the Terms, including the Code of Conduct, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for the Company;
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and/or  
• Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted through the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

If you want to stop using the Services, you are free to do that at any time by contacting us at info@codewars.com; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.

The Company is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. The Company has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. If you have deleted your account by mistake, contact us immediately at info@codewars.com – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything. Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.

9. Content Standards

These content standards apply to any and all User Contributions and use of the Services, including all Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;

• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;

• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy;

• Be likely to deceive any person;

• Promote any illegal activity, or advocate, promote or assist any unlawful act;

• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;

• Impersonate any person, or misrepresent your identity or affiliation with any person or organization;  

• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or

• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

10. Reliance on Information Posted

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

This Services includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

11. Links from the Services

If the Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked through the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. In addition, we will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service. 

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site or Services, or between users and any third party, you agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Andela, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

12. Disclaimer of Warranties

Andela and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Andela and all such parties together, the “Andela Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and the Andela Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The Andela Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services. You understand that we cannot and do not guarantee or warrant that any Content or files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICES LINKED TO IT.

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE ANDELA PARTIES EXPRESSLY DISCLAIM ANY WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, THE ANDELA PARTIES EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.  

THE ANDELA PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13. Limitation on Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT UNDER ANY CIRCUMSTANCES OR LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) WILL ANY OF THE ANDELA PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, BUSINESS INTERRUPTION, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF GOODWILL OR LOSS OF DATA, EVEN IF FORESEEABLE; (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (C) ANY AMOUNT, IN THE AGGREGATE, INE EXCESS OF ONE HUNDRED DOLLARS ($100.00); OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

14. Indemnification

You agree to defend, indemnify and hold harmless the Andela Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Contributions, any use of the Services other than as expressly authorized in these Terms, or your use of any information obtained from the Services. In the event of any claim for indemnification hereunder, we will attempt to provide notice of the claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

15. Governing Law

All matters relating to the Services and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law and the internal laws of the State of New York, without giving effect to any choice or conflict of law provision or rule thereof.

16. Arbitration Agreement. 

Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with the Company and limits the manner in which you can seek relief from the Company. Both you and the Company acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, the Company's officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

1. Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in New York. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

2. Costs of Arbitration. The Rules will govern payment of all arbitration fees. The Company will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. The Company will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

3. Small Claims Court; Infringement. Either you or the Company may assert claims, if they qualify, in small claims court in New York or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any 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.

4. Waiver of Jury Trial. YOU AND THE COMPANY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and the Company are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and the Company over whether to vacate or enforce an arbitration award, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

5. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor the Company is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.

6. Opt-Out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 580 5th Avenue, Suite 820, New York, New York 10036 postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.

7. Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or the Company to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and the Company agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, New York, or the federal district in which that county falls.

8. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with the Company.

17. Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

18. Entire Agreement; Miscellaneous

The Terms (including the terms of the Privacy Policy and Code of Conduct, which are incorporated herein by reference), constitute the sole and entire agreement between you and the Company with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services. All references through the Terms to the term “including” shall be deemed to mean “including, without limitation” and shall not be construed to limit the generality of any preceding words or phrases. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without the Company’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent. Except as expressly set forth in the section above regarding the arbitration agreement, you and the Company agree there are no third-party beneficiaries intended under these Terms.

19. Copyright Infringement

In accordance with the DMCA, we’ve adopted the following policy toward copyright infringement.  We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders.

1. Procedure for Reporting Copyright Infringements. 

If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to the Company’s Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that the Company is capable of finding and verifying its existence;
4. Contact information about the notifier including address, telephone number and, if available, email address;
5. A statement that the notifier has a good faith belief that the material identified in (a)(iii) is not authorized by the copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

2. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent. 

Upon receipt of a proper notice of copyright infringement, we reserve the right to:

1. remove or disable access to the infringing material;
2. notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
3. terminate such content provider's access to the Services if he or she is a repeat offender.

3. Procedure to Supply a Counter-Notice to the Designated Agent. 

If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:

1. A physical or electronic signature of the content provider;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
3. A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
4. Content provider's name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider's address is located outside the United States, for any judicial district in which the Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, the Company may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that the Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at the Company's discretion.

Please contact Andela’s Designated Agent at the following address:

Andela Inc.

Attn: DMCA Designated Agent

580 5th Avenue, Suite 820

New York, NY  10036

With a copy to: legal@andela.com. 

20. Comments and Concerns

The Services are operated by Andela Inc.

All notices of copyright infringement claims should be sent to legal@andela.com.

All other feedback, comments, requests for technical support and other communications relating to the Services should be directed to: info@codewars.com.