Binding Agreement. These Terms constitute a binding agreement between you and BoiseCodeWorks, LLC and its affiliates and subsidiaries (“BoiseCodeWorks,” “we,” “us”). “You” and “users” shall mean all users of and visitors to the BoiseCodeWorks website and BoiseCodeWorks Service. You accept these Terms each time you access the BoiseCodeWorks Website and Service. If you do not accept these Terms, you must not use the BoiseCodeWorks Service. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the BoiseCodeWorks Website and Service.
Revisions to Terms. We may revise these Terms at any time by posting an updated version. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of the BoiseCodeWorks Service after a change to these Terms constitutes your binding acceptance of these Terms.
Children. Except as expressly indicated for certain events and occasions, no part of the BoiseCodeWorks Service is directed to persons under the age of 13. The terms “post” and “posting” as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the BoiseCodeWorks Service.
The “BoiseCodeWorks Service” means the website located at www.boisecodeworks.com and any associated software, applications, and Internet services under BoiseCodeWorks’s control, whether partial or otherwise, used in connection with providing the services provided by BoiseCodeWorks. The BoiseCodeWorks Service provides an online platform to enable you to view information online and through other connected devices about classes, courses, workshops, and other education programs and events offered by BoiseCodeWorks (collectively, “Courses”). These Courses are at the intersection of technology, design, and entrepreneurship and may be made available for free or for a fee, in BoiseCodeWorks’s sole discretion. Together with our members, thought leaders, and seasoned practitioners (collectively, “Instructors”), BoiseCodeWorks offers a robust curriculum focused on entrepreneurship and practices by which design and technology can be leveraged to create industry-changing products and successful companies. The BoiseCodeWorks Service will also permit the community of users of the BoiseCodeWorks Service to engage in discussions and communications with one another and with the Instructors.
Sign Up for a Course. You may sign up for a Course using the BoiseCodeWorks Service. We cannot promise the availability of the Course.
Cancellation and No Show Policies. We determine the rescheduling and cancellation policies and apply them at our discretion. You should contact us directly for any rescheduling or cancellation questions.
Chat Room Service. You may be able to engage in online chat sessions with other users of the BoiseCodeWorks Service, including Instructors. You should exercise caution, good sense, and sound judgment when submitting messages to be posted in a chat room or group messaging service. Think and read twice before you post anything. Once something is posted online it may live in perpetuity, and messages posted today could be highly embarrassing or damaging to your credibility or reputation in the future. You are responsible for any comments or materials you post in a chat room, and assume all liability arising out of a post. BoiseCodeWorks makes no representations and warranties with respect to the confidentiality of any posts you make through the BoiseCodeWorks Service.
Please exercise respectfulness, good sense, and decency when communicating with other Users.
Information You Provide to Instructors. Your Instructors may ask for information, such as your email address, from you to help facilitate the provision of the Course. Instructors are required to use this information only to communicate about Course materials in a professional manner. However, you agree that we are not responsible for any use of this information by an Instructor for other purposes.
We occasionally use third-party services to help us provide the BoiseCodeWorks Service, but such use does not indicate that we endorse them or are responsible or liable for their actions.
Third-Party Services. The BoiseCodeWorks Service may link to third-party websites to facilitate its provision of services to you. If you use these links, you will leave the BoiseCodeWorks Service. Some of these third-party websites may use BoiseCodeWorks Content (defined below) under license from BoiseCodeWorks. BoiseCodeWorks is not responsible for these third-party websites, whether or not BoiseCodeWorks is affiliated with such third-party websites. Through our use, we do not endorse the organizations sponsoring such third-party websites or their products or services. You agree that BoiseCodeWorks is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings you may have on or through a third-party website or as a result of the presence of any third-party advertising on the BoiseCodeWorks Service.
BoiseCodeWorks Is Not Your Attorney or Financial Advisor. Do not contact BoiseCodeWorks for legal or financial advice. You agree and acknowledge that BoiseCodeWorks, and its Instructors, are not a law firm and are not authorized to practice law in any jurisdiction. BoiseCodeWorks does not give legal advice in any form or practice law in any way. The information obtained from or through the BoiseCodeWorks Service is for informational purposes only, and you are solely responsible for confirming the accuracy and appropriateness of such information for your own business or venture with your own tax, financial, and legal advisors. BoiseCodeWorks, and its Instructors, are not establishing an attorney-client relationship with you through your use or access of the BoiseCodeWorks Service.
Social Sign-On. The BoiseCodeWorks Service may allow you to register and log in using sign-on functionality provided by social networks, such as Facebook. You agree to abide by the social networks’ terms and conditions applicable to you.
BoiseCodeWorks may feature a Course or Instructor, but we make no representations about the quality of any Courses or Instructors.
Featuring a Course or Instructor. The BoiseCodeWorks Service may feature a Course or Instructor as an advertisement, but this is not a recommendation of such Course or Instructor. We may also recommend a Course as part of a collection of Courses. However, as stated more fully elsewhere in these Terms, BoiseCodeWorks makes no representations as to the quality or nature of Courses or Instructors shown on the BoiseCodeWorks Service.
With your consent, we may use your Student Work to promote BoiseCodeWorks.
Featuring Your Student Work. We may promote BoiseCodeWorks using the work you completed as part of completing a Course (“Student Work”) with your permission, and you grant BoiseCodeWorks a nonexclusive license to use your name in combination with your Student Work in any and all media in connection with BoiseCodeWorks’s promotional efforts. Our use will be limited to promoting BoiseCodeWorks. BoiseCodeWorks will include your name and attribute the Student Work to you.
You may have to pay a fee to attend a Course through the BoiseCodeWorks Service.
Courses. BoiseCodeWorks may charge you fees to attend a Course. The amount of any fees may be revised by BoiseCodeWorks from time to time and vary from region to region, and topic to topic.
We may use third-party service providers, which offer various payment methods. Such payment methods could change.
You Agree To Pay Us For Your Purchases. You agree to pay for all products and services that you purchase through the BoiseCodeWorks Service, and you agree that we may charge your selected payment method, either directly or through the services of a third-party payment processor, for any such payments. Only those payment methods accepted by our third-party payment processor can be used to purchase products, goods, or services through the BoiseCodeWorks Service.
Third-Party Payment Processors. BoiseCodeWorks currently uses third-party payment processors for electronic commerce. Our third-party payment processor accepts payments through methods detailed on the applicable payment screen, which may include various credit cards and PayPal.
Availability of Certain Forms of Payment. BoiseCodeWorks makes no representations and warranties about the continued availability of any particular form of payment method made available for use with the BoiseCodeWorks Service.
Pre-Authorization. When you provide a credit card number to us to activate and/or pay for any fees related to BoiseCodeWorks, we, through our third-party payment processor, may seek pre-authorization of your credit card account prior to a purchase to verify the credit card is valid and/or has the necessary funds or credit available to cover your purchase. These pre-authorizations will reduce your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact your card issuer if you have additional questions regarding when an authorization amount will be removed from your statement.
Timing of Charges. Charges occur within a reasonable time of the transaction or shortly thereafter, and multiple charges during the same period may be aggregated together.
You may send us an email to dispute charges to your account within 30 days of the charge.
Disputed Charges. You agree to submit any disputes regarding any charge to your account in writing to BoiseCodeWorks within thirty (30) days of such charge, or your dispute is waived and such charge will be final and not subject to challenge. You may dispute a charge by sending an email to us at email@example.com.
BoiseCodeWorks may provide refunds at its discretion.
Refunds. We reserve the right, but are not obligated, to refund fees paid to us. Under our standard refund policy, users have until the tenth (10th) day of instruction to drop a course and receive a full refund except for the non-refundable deposit. After the tenth (10th) day of instruction, no refund will be offered to any user. BoiseCodeWorks may modify its refund policy at any time with or without specific notice to you; provided, however, that the refund policy in effect at the time of any transaction shall apply to such purchase despite any subsequent change in such policy. Please contact firstname.lastname@example.org to request a refund.
BoiseCodeWorks will not collect or pay your taxes.
Taxes. “Taxes” include sales, use, value added, or transaction taxes and other government-imposed fees and charges. You are responsible for determining and paying the appropriate taxes resulting from a transaction occurring through the BoiseCodeWorks Service. BoiseCodeWorks is not responsible for collecting, reporting, paying, or remitting to you any such taxes, unless required by law.
You are responsible for all fees charged to make payments using payment processors through the BoiseCodeWorks Service.
Fees Charged by Third-Party Payment Processors. The BoiseCodeWorks Service uses third parties to process payments. Use of such third-party payment services is subject to their terms and conditions of use. Those third parties may charge fees to process payments, and BoiseCodeWorks is not responsible for any fees charged by them. BoiseCodeWorks disclaims all liability with regards to any fees or problems you have with third-party payment processors.
You agree that if you create an account and use the BoiseCodeWorks Service on behalf of a business entity (e.g., corporation), you have the necessary legal authority and capacity to do so as an authorized agent of the business entity. You agree that you have the authority to bind the business entity in legal agreements and contracts.
If you create an account, you are responsible for your log-in credentials and for keeping your information accurate.
You are responsible for any activity resulting from the use of your log-in credentials on the BoiseCodeWorks Service.
To use some parts of the BoiseCodeWorks Service, you must create an account. You may need to provide us with your name, email address and billing address, as well as your credit card information. You represent and warrant that the information you provide to BoiseCodeWorks upon registration and at all other times will be true, accurate, current, and complete. You also represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times.
Your Log-In Credentials. You are responsible for maintaining the confidentiality of your log-in credentials and are fully responsible for all activities that occur through the use of your credentials. You agree to notify us immediately if you believe the confidentiality of your log-in credentials has been compromised or if you suspect unauthorized use of your account. You agree that we will not be liable for any loss or damage arising from unauthorized use of your credentials.
BoiseCodeWorks may communicate with you by email or posting notice on the BoiseCodeWorks Service. You may request that we provide notice of security breaches in writing.
You agree to receive email from us at the email address you provided to us for customer service related purposes.
Electronic Notices. By using the BoiseCodeWorks Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the BoiseCodeWorks Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the BoiseCodeWorks Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at email@example.com.
VII. BoiseCodeWorks’s Content Ownership and Use
BoiseCodeWorks owns all of the content we create. You cannot use our logo without our written permission.
The contents of the BoiseCodeWorks Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other BoiseCodeWorks content (collectively, “BoiseCodeWorks Content”). All BoiseCodeWorks Content and the compilation (meaning the collection, arrangement, and assembly) of all BoiseCodeWorks Content are the property of BoiseCodeWorks or its licensors and are protected under copyright, trademark, and other laws.
License to You. We authorize you, subject to these Terms, to access and use the BoiseCodeWorks Service and the BoiseCodeWorks Content solely for the use of BoiseCodeWorks’s services, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the BoiseCodeWorks Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original BoiseCodeWorks Content on any copy you make of the BoiseCodeWorks Content.
No material made available on or through the BoiseCodeWorks Service may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the copyright owner unless such content is specifically made available for and authorized to be downloaded from the BoiseCodeWorks Service, in which case you are authorized to download a single copy of such materials for your own use. For example, certain Course materials may be made available as unprotected PDF files that can be downloaded by registered Course participants and/or other users of the BoiseCodeWorks Service. Materials not made available for download may not be downloaded or copied without prior written permission. Modification of materials obtained from the BoiseCodeWorks Service, including, but not limited to, User Content, for any other purpose, including, without limitation, any commercial purpose, is a violation of the copyrights and other proprietary rights of BoiseCodeWorks or its licensors, unless you have obtained express written authorization to the contrary.
No Commercial Use. No materials obtained from the BoiseCodeWorks Service, even if authorized for download from the BoiseCodeWorks Service, may be redistributed, nor may they be used for any commercial purpose, without BoiseCodeWorks’s prior written permission. Notwithstanding the prior sentence, the use of Course materials by a registered student of a Course for the development of a business, venture, or idea of which the registered student is actively involved as a founder or employee shall not be deemed a commercial purpose, but no additional reproductions may be made of any such materials, either electronically or in hard copy.
Additional Licenses. Certain materials made available for download from or through the BoiseCodeWorks Service may be subject to additional or different license terms and conditions, such as terms and conditions set forth in a Creative Commons license. Any such terms and conditions shall be identified in advance for such materials, and by downloading any materials governed by any other license terms and conditions, you hereby agree to be bound by and comply with such terms and conditions.
No Implied Rights. There are no implied licenses granted in these Terms.
BoiseCodeWorks Marks. BoiseCodeWorks, the BoiseCodeWorks logo, and other BoiseCodeWorks logos and product and service names are or may be trademarks of BoiseCodeWorks (the “BoiseCodeWorks Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the BoiseCodeWorks Marks.
VIII. Intellectual Property Rights and Our License to Use
You, or the people who allow you to use their content, own all of the content you post using the BoiseCodeWorks Service. However, we may use it for any purpose, including in our marketing materials. We may also modify your content to make it work better.
It is very important that you have permission to use other people’s content or they may be able to sue you for violating their legal rights.
BoiseCodeWorks Claims No Ownership. The BoiseCodeWorks Service may provide you with the ability to create, post, or share content, including messages in chat rooms and Student Work (“Your User Content”). You or a third-party licensor, as appropriate, retain all intellectual property rights to Your User Content. You are responsible for protecting those rights.
If you are an instructor, the license grant above is also applicable to any content you create for the purpose of your Course (such as syllabi, slides or homework) that you post on the BoiseCodeWorks website or affiliate sites.
You Acquire No Ownership of Others’ Content. You understand and agree that you will not obtain, through use of the BoiseCodeWorks Service, any right, title, or interest (including intellectual property rights) in content delivered via the BoiseCodeWorks Service.
You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the content posted by you on or through the BoiseCodeWorks Service or otherwise have the right to grant the license set forth in these Terms; (ii) the posting and use of Your User Content on or through the BoiseCodeWorks Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person; and (iii) the posting of Your User Content on the BoiseCodeWorks Service does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person as a result of posting Your User Content on the BoiseCodeWorks Service. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.
The BoiseCodeWorks Service contains content from users and other BoiseCodeWorks licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the BoiseCodeWorks Service.
Tell us if you think a user has violated your copyright using the BoiseCodeWorks Service, or if you think someone incorrectly reported that you violated his or her copyright.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the BoiseCodeWorks Service infringe your copyright, you (or your agent) may send BoiseCodeWorks a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the BoiseCodeWorks Service should be sent to Jake Overall, 129 E. 50th St., Suite A, Garden City, ID 83714 (firstname.lastname@example.org). Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
We appreciate your comments, but if you send us creative ideas, we can use them without compensating you.
We appreciate hearing from our users and welcome your comments regarding the BoiseCodeWorks Service. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“creative ideas”), we shall: own, exclusively, all now known or later discovered rights to the creative ideas; not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
You are responsible for your actions when using and relying on the BoiseCodeWorks Service or content available on the BoiseCodeWorks Service.
We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by users (“User Content”). You accept that any reliance on material posted by other users or third-party service providers will be at your own risk. By using the BoiseCodeWorks Service you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate.
You are solely responsible for Your User Content on the BoiseCodeWorks Service. BoiseCodeWorks does not endorse any, nor is it responsible for, User Content on the BoiseCodeWorks Service. You assume all risks associated with Your User Content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.
Do not do harmful things with the BoiseCodeWorks Service, try to break it, or steal our hard work. You agree to use the BoiseCodeWorks Service only for its intended purpose. You must use the BoiseCodeWorks Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the BoiseCodeWorks Service are prohibited. You may not:
If you do not act acceptably, we may prohibit your use of the BoiseCodeWorks Service.
We reserve the right to suspend or terminate your account and prevent access to the BoiseCodeWorks Service for any reason, at our discretion. We reserve the right to refuse to provide the BoiseCodeWorks Service to you in the future.
BoiseCodeWorks may review and remove any User Content at any time for any reason, including activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the BoiseCodeWorks Service.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the BoiseCodeWorks Service.
We are not liable for the actions of our users when they use the BoiseCodeWorks Service. We may also change the BoiseCodeWorks Service at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view using the BoiseCodeWorks Service or other websites.
Changes to the BoiseCodeWorks Service. We may change, suspend, or discontinue any aspect of the BoiseCodeWorks Service at any time, including hours of operation or availability of the BoiseCodeWorks Service or any feature, without notice or liability.
User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the BoiseCodeWorks Service, including POP licensing or relationship authentication. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release BoiseCodeWorks of all claims, demands, and damages in disputes among users of the BoiseCodeWorks Service. You also agree not to involve us in such disputes. Use caution and common sense when using the BoiseCodeWorks Service.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the BoiseCodeWorks Service. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the BoiseCodeWorks Service. Use the BoiseCodeWorks Service at your own risk.
Third-Party Websites. The BoiseCodeWorks Service may include links to third party websites and applications, such as Climb Credit. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
We make no promises and disclaim all liability of specific results from the use of the BoiseCodeWorks Service.
Released Parties Defined. “Released Parties” include BoiseCodeWorks and its affiliates, officers, employees, agents, service providers, partners, Instructors, and licensors.
You use the BoiseCodeWorks Service at your own risk. We make no warranties or guarantees.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE BOISECODEWORKS SERVICE IS AT YOUR SOLE RISK, AND THE BOISECODEWORKS SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE BOISECODEWORKS SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE BOISECODEWORKS SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE BOISECODEWORKS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE BOISECODEWORKS SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE BOISECODEWORKS SERVICE WILL MEET YOUR EXPECTATIONSAND, AND (iv) ANY ERRORS IN THE BOISECODEWORKS SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE BOISECODEWORKS SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
We are not liable for anything that happens to you that somehow may be connected to your use of the BoiseCodeWorks Service. You may be responsible for our legal fees and costs arising out of your use of the BoiseCodeWorks Service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BOISECODEWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE BOISECODEWORKS SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE BOISECODEWORKS SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE BOISECODEWORKS SERVICE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE BOISECODEWORKS SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE BOISECODEWORKS SERVICE OR YOUR USE OF BOISECODEWORKS CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any BoiseCodeWorks Content, or (iii) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.
These Terms constitute the entire agreement between you and BoiseCodeWorks concerning your use of the BoiseCodeWorks Service. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.
We are located in Idaho, so all disputes must be resolved there. We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the BoiseCodeWorks Service.
These Terms and the relationship between you and BoiseCodeWorks shall be governed by the laws of the state of Idaho without regard to its conflict of law provisions. You and BoiseCodeWorks agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the BoiseCodeWorks Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in Boise, Idaho. You covenant not to sue BoiseCodeWorks in any other forum.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the BoiseCodeWorks Service or these Terms:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
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