CODA ALLIANCE WEBSITE TERMS OF USE

Effective as of 9/20/2018

Please read these Website Terms of Use (“Terms”) carefully before using this website (“Site”). Using this Site indicates that you accept these Terms. If you do not accept these Terms, do not use this Site.

General. This Site is owned and operated by Coda Alliance. (“Coda Alliance,” “we” and “us”). Coda Alliance reserves the right to revise or remove any part of the Terms in its sole discretion at any time and without prior notice to you by updating this posting. You thus should visit this page periodically for changes. This Site is continually under development and changes in this Site may be made at any time. Any changes are effective upon posting to this Site. If you disagree with the Terms, your sole remedy is to discontinue your use of this Site. Your continued use after a change has been posted constitutes your acceptance of those changes.

Site Security. You are prohibited from violating, or attempting to violate, the security of this Site. Any such violations may result in criminal and/or civil penalties against you. Coda Alliance will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.

Other Prohibited Activities. In using this Site, you must also not:

  • Send or otherwise transmit to or through this Site any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind;
  • Misrepresent your identity or affiliation in any way;
  • Violate any applicable laws or regulations; or
  • Assist or permit any persons in engaging in any of the activities described above.

User-Submitted Information. You must exercise caution, good sense and sound judgment in using this Site. You are responsible for any material you transmit to or through the Site or to us through email. You agree, represent and warrant that any information you transmit to or through the Site or to us through email is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such information. Certain information submitted by you, or otherwise collected from you, is subject to Coda Alliance’s privacy policy, available on this Site.

Unsolicited Ideas. You must not transmit any material to or through this Site or to us through email that you consider to be confidential or proprietary. Any material that you transmit to or through this Site or to us through email will be considered non-confidential and non-proprietary. This policy serves to avoid potential misunderstandings or disputes regarding ownership of ideas. Except as expressly provided in Coda Alliance’s privacy policy, you give Coda Alliance an unrestricted, irrevocable, worldwide, royalty- free license to use, reproduce, display, publicly perform, transmit and distribute such information. You further agree that Coda Alliance has the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas that you (and those who act on your behalf) transmit to or through this Site or to us through email.

Copyright. The material made available at this Site is protected by copyright. No material from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the copyright owner, except that you may download one copy of the materials on any single computer and produce one printed copy, for your personal, noncommercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights of Coda Alliance or other entities where so indicated. Permission for all other uses of materials contained herein, including reproducing and distributing multiple copies, or linking to any page at this Site except the “home page” (http://www.codaalliance.org), must be obtained from Coda Alliance in advance. Requests for such authorization should be submitted via an email to [email protected] For purposes of these Terms, the use of any such material on any other website or networked computer environment is prohibited. All design rights, databases and compilation and other intellectual property rights, in each case whether registered or unregistered, and related goodwill are proprietary to Coda Alliance.

In the event that you download software from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by Coda Alliance or by other companies where so indicated. Coda Alliance does not transfer title to the Software to you. You may own the medium on which the Software is recorded, but Coda Alliance, or other companies where so indicated, retain(s) full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form, except to the extent permitted by applicable law and on giving Coda Alliance, or another company where so indicated, prior written notice of such activities.

Trademarks. All trademarks, service marks, logos and trade names on this Site, whether registered or unregistered, including but not limited to “Coda Alliance,” are proprietary to Coda Alliance or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.

Links to Other Websites. For your convenience, this Site may contain links to other websites. If you use these links, you will leave this Site. Certain of these linked websites may make use of Coda Alliance proprietary intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from Coda Alliance. Coda Alliance is not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third- party website, whether or not Coda Alliance is affiliated with the owners of such websites. In addition, providing links to these websites should not be interpreted as endorsement or approval by Coda Alliance of the organizations sponsoring such third-party websites or their products or services. These Terms do not apply to any other websites.

Jurisdictional Issues. This Site is controlled and operated by Coda Alliance from its offices within the State of California, in the United States of America. Coda Alliance makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this Site from jurisdictions where the contents of this Site are illegal or penalized is prohibited. Software from this Site is further subject to United States export controls. No information or software from this Site may be downloaded or otherwise re-exported (i) into or to a national or resident of any country to which the United States embargoes or sanctions goods, services or technology; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. By downloading or using information or Software from this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Termination. Company may terminate your use of this Site or any of our services at any time and for any reason without notice for conduct violating these Terms. Upon any such termination, you must destroy all materials obtained from this Site and all copies thereof. The provisions of these Terms concerning Site security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, and jurisdictional issues shall survive any such termination.

Disclaimer. THE FEATURES, SERVICES AND INFORMATION IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CODA ALLIANCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CODA ALLIANCE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CODA ALLIANCE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR THE RESULTS OF THE USE OF THE ITEMS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CODA ALLIANCE BE LIABLE FOR ANY COMPENSATORY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE, EVEN IF CODA ALLIANCE OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING EXCLUSION MAY NOT APPLY TO YOU.

Indemnity. You agree to indemnify, defend and hold Coda Alliance and its directors, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms or (ii) your activities in connection with this Site.

Children. This Site is a general audience site, although it contains information that may be of interest to children. However, Company does not seek through this Site to gather personal information from or about persons under the age of 13.

Privacy. Use of this Site is also governed by Coda Alliance’s privacy policy, available in the footer of this Site.

Other. These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. If any provision of these Terms is unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing.

If you have any questions or complaints regarding these Terms, please submit your questions or complaints via an email to [email protected] We will endeavor to respond to you promptly.