Terms Of Service - MyCodetree.com

 

MyCodeTree.com, LLC ("Us" or "We") provides the MyCodeTree.com website and various related services (collectively, the "site") to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Use"), as well as any other written agreement between us and you. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

We expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

As used in these Terms of Use, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.

Description Of Services

We make various services available on this site including, but not limited to, website backup services, website security services and other like services. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).

We reserve the sole right to either modify or discontinue the site, including any of the site’s features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Use.

SiteKlone®,SiteSure® and SiteThreat® ("service" or "services") are the proprietary tools that MyCodeTree.com, LLC uses to provide services to registered users of the site. By using the services of the site, you agree to provide the necessary information to the services, in order for the services to function correctly. The information that may be necessary for registered users to provide is (but not necessarily limited to):

If you do not provide the necessary or proper information to the services, in order for the services to function correctly, you assert that it does not constitute a failure of the services and that you are not eligible for claims of damage for failure of service. You agree to hold MyCodeTree, LLC and its affiliates harmless and indemnified for service failures due to lack of or improper information provided to the services.

SiteThreat®

By using the SiteThreat® service, you acknowledge that we do not offer any warranties or guarantees related to the accuracy, reliability or fitness of the service. SiteThreat® may not detect all forms of viruses, malware, adware, randsomware or other forms of malicious computer code on websites. Not all web servers have the same rules and permissions and may not allow SiteThreat® to scan all websites completely. By using the service you acknowledge that it is the user's responsibility to ensure that the web server used with the service meets all service requirements.

SiteThreat® is maintained and updated by MyCodeTree.com, LLC and does not require any updating or modification from the user. By using the service, you agree that you will not modify, copy, redistribute or infringe upon any other protected intellectual property right of the service. If you are found to have modified or manipulated the SiteThreat® service in order to gain additional or free service from us or in order to repurpose the service in any other manner than was intended by us, we reserve the right to immediately terminate your account without refund of any monies paid for service.

We do not offer any warranty, guarantee, surety, insurance or other forms of reimbursement in the event that SiteThreat® does not identify malicious code on websites correctly, completely or at all. By using the service you agree that you are using the service as-is, with the express understanding that the service may not correctly identify all forms of malicious computer code on all websites, servers and computers.

SiteKlone®

By using the SiteKlone® service, you acknowledge that we do not offer any warranties or guarantees related to the accuracy, reliability or fitness of the service. Not all web servers have the same rules and permissions and may not allow SiteKlone® to make a complete backup or in some cases, function correctly. By using the service you acknowledge that it is the user's responsibility to ensure that the web server used with the service meets all service requirements.

SiteKlone® is maintained and updated by MyCodeTree.com, LLC and does not require any updating or modification from the user. By using the service, you agree that you will not modify, copy, redistribute or infringe upon any other protected intellectual property right of the service. If you are found to have modified or manipulated the SiteKlone® service in order to gain additional or free service from us or in order to repurpose the service in any other manner than was intended by us, we reserve the right to immediately terminate your account without refund of any monies paid for services already or not yet rendered.

We do not offer any warranty, guarantee, surety, insurance or other forms of reimbursement in the event that SiteKlone® does not function correctly. By using the service you agree that you are using the service as-is, with the express understanding that the service may not correctly function at all times.

SiteSure®

By using the SiteSure® service, you acknowledge that we do not offer any warranties or guarantees related to the accuracy, reliability or fitness of the service. By using the service you acknowledge that it is the user's responsibility to ensure that the web server used with the service meets all service requirements.

SiteSure® is maintained and updated by MyCodeTree.com, LLC and does not require any updating or modification from the user. By using the service, you agree that you will not modify, copy, redistribute or infringe upon any other protected intellectual property right of the service. If you are found to have modified or manipulated the SiteSure® service in order to gain additional or free service from us or in order to repurpose the service in any other manner than was intended by us, we reserve the right to immediately terminate your account without refund of any monies paid for services already or not yet rendered.

We do not offer any warranty, guarantee, surety, insurance or other forms of reimbursement in the event that SiteSure® does not function correctly. By using the service you agree that you are using the service as-is, with the express understanding that the service may not correctly function at all times.

Registration & Data Privacy

In order to access some of the services on this site, you will be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data ("Registration Data"), and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate. You also grant us the right to disclose to third parties certain Registration Data about you. The information we obtain through your use of this site, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

Conduct on Site

Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this site. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See "Use of Your Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability. You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

Third Party Sites & Information

This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

Intellectual Property

Copyright (c)2011 MyCodeTree.com, LLC All Rights Reserved. For purposes of these Terms of Use, "content" is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site. This includes message boards, chat, and other original content. By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of MyCodeTree.com, LLC and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any services, documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See "User’s Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party. The following are registered trademarks, trademarks or service marks of MyCodeTree.com, LLC or its Affiliates: SiteKlone, SiteSure, SiteThreat. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of MyCodeTree.com, LLC or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of MyCodeTree.com, LLC or its Affiliates.

Unauthorized Use Of Materials

Subject to our Privacy Policy, any communication or material that you transmit to this site or to us, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used. Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance. We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

Send the written communication to the following address:
Designated Agent for Claimed Infringement:
Contact: Ryan Huff
Address: 2315 Collins Dr. Suite H.
Phone: (937) 453-1855

Disclaimer Of Warranties

ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through your use of the site, you may have the opportunities to engage in commercial transactions. You acknowledge that all transactions are executed and processed by a third party service ("payment gateway"). MyCodeTree.com, LLC does not collect, process or retain any secure or financial information (including but not limited to; credit card information, social security numbers and bank information) from users of the site. Any claim of identity theft or damage due to improper handling of financial information resulting from this transaction will be made with the payment gateway. MyCodeTree.com, LLC uses PayPal as its payment gateway provider. You may contact them here.

Content available through this site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized MyCodeTree.com, LLC spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this site for further information, which policies are incorporated by reference into these Terms of Use.

You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand that MyCodeTree.com, LLC does not offer any specific warranties or guaranties regarding the reliability, sanctity, integrity or practicality of any of the services. Each service is used, "AS-IS" without an expressed or implied warranty or guarantee of desired results from the services. While every effort is made to ensure proper working order of the services; you agree to hold MyCodeTree.com, LLC, harmless and indemnified in the result of a service failure due to a technical malfunction of the services or reasons outside of your control.

You understand and agree that the services available on this site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Effective Start Date Of This Document: 01/01/2009