Terms Of Service

The following Terms & Conditions (the “Terms”) apply when you view or use our Service. BY ACCESSING OR USING OUR SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH OUR TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OF USE THE SERVICE.

The Company

KeyCoders (the “Company”) refers to KeyCoders, LLC, and their subsidiaries (collectively “KeyCoders”, “we”, “us”, “our”, or the “Company”).

The Service

Our Service teaches kids how to how to code through any of KeyCoders’ programming (the “Service”) on our website (www.keycoders.com), in person at one of our physical locations, or by accessing our online programming via third party platforms (including but not limited to Google Meet or Zoom). Users work with instructors in person or over online voice/video chat to learn a range of coding and STEM topics.

Account Registration

You need to be at least eighteen (18) years old and a resident of the United States to register for and use the Service. Only parents and legal guardians are allowed to register for the Service. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. The Company is not responsible for any public display or misuse of your user content. The Company does not, and cannot, pre-screen or monitor all user content.

Prohibited Use

To ensure safe and productive learning, your permission to use the Service is contingent on the following restrictions. You agree that you will not under any circumstances:

  • post any content that is abusive, defamatory, false, obscene, offensive, malicious, or threatening;
  • use the Service for any unlawful purpose;
  • solicit others to perform or participate in any unlawful acts;
  • harass, abuse, or harm any person;
  • provide false when registering an account;
  • access another user’s account without permission;
  • infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  • submit false or misleading information;
  • collect or track the personal information of others; or
  • interfere with the proper functioning of the Service.

Privacy

Your privacy is very important to us, which is why we only collect a minimal amount of necessary information to provide you with our services. You can find our Privacy Policy Privacy Policy When you access or use the Service, you signify your agreement to this Privacy Policy. To provide you with a high-quality experience, sessions may be monitored or recorded for quality assurance, training, and security purposes.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, and your billing address. Credit card information is always encrypted during transfer over networks. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. The Service may employ the use of third-party services for the purpose of facilitating payment and the completion of any Purchase. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if we have reason, in our sole discretion, to suspect fraud or an unauthorized or illegal transaction is suspected.

Refunds

All sales are final. Certain refund requests may be considered by KeyCoders on a case-by-case basis and granted at the sole discretion of KeyCoders. In order to request a refund, send an email with the subject “Refund Request” to info@keycoders.com stating the amount of the requested refund and reason.

Availability, Errors & Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. We, therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Intellectual Property

You acknowledge and agree that KeyCoders retains ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. We reserve all rights that are not expressly granted to you under this Agreement. The Service and its original content, features, and functionality are and will remain the exclusive property of KeyCoders and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of KeyCoders. The trademarks and trade dress of KeyCoders are proprietary to us and may not be used by you for any reasons other than as expressly permitted by these terms. All website content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, us. Any other use of materials on the Website, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of KeyCoders, is strictly prohibited. You acknowledge that KeyCoders and/or third-party content providers remain the owners of all website materials and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these Terms. KeyCoders may discontinue or remove the website, or any portion thereof, or discontinue your right to use the website, or any portion thereof, at any time.

License Grant

By posting any content via the Service, you expressly grant, represent, and warrant that you have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such content, in whole or in part, in any form, media, or technology, whether now known or hereafter developed, for use in connection with the Service or promotion thereof.

Third Party Content

As part of the Service, the Company may provide you with convenient links to third party websites (“Third Party Content”) as well as content or items belonging to or originating from third parties. These links are provided as a courtesy to Service users, but Company is not responsible for the actions of third parties as their actions are outside of our control. Accordingly, you should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from Third Party Content.

Indemnification

You agree to release, defend, indemnify and hold harmless KeyCoders and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password or b) a breach of these Terms. If you have a dispute with one or more users or a third party merchant of a product or service that you review while using the Service, you release KeyCoders (and our officers, directors, agents, subsidiaries, joint ventures and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Warranty Disclaimer

THE SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, LICENSORS, PARTNERS, AFFILIATES OR AGENTS BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER TANGIBLE LOSSES, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT OR ANY CONTENT; (C) YOUR USE OR INABILITY TO USE THE SERVICE; (D) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; (E) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; OR (F) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. ANY LEGAL ACTION BY EITHER PARTY ARISING UNDER THIS AGREEMENT MUST BE FILED WITHIN TWELVE (12) MONTHS FROM THE DATE THAT SUCH CLAIM ARISES, AND BOTH PARTIES WAIVE ANY RIGHT TO FILE ANY ACTION ARISING UNDER THIS AGREEMENT UNDER ANY LONGER STATUTE OF LIMITATIONS PERIOD. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the state of New Jersey, and the United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Severability

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Modification

We reserve the right, at our sole discretion, to modify these Terms at any time. It is your sole responsibility to check the Site from time to time to view any such changes. If you continue to use the Site, you signify your agreement to our amendments to the Terms. If we make a material revision to our Terms, we will send an email to the email address that you provided during registration. What constitutes a material change will be determined at our sole discretion. It is your responsibility to keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company.

User Consent to Receive Communications via Email

For contractual purposes, you consent to receive communications from the Company in electronic form to the email address that you have submitted and agree that all Terms, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. We may also use your email address, to send you other messages, including information about the Company and special offers. You may opt out of such email by changing your account settings or sending an email to info@keycoders.com.

Notice

Any legal notice must be provided via certified mail to the address provided below:

    KeyCoders, LLC
    27 Warren St, Suite 104
    Hackensack, NJ 07601

Contact

The KeyCoders team is here for you. Feel free to email us (info@keycoders.com) with your questions and suggestions.

Last updated: October 13, 2020