You accept these Terms by accessing or using the Site in any manner, even if you do not create an account and this includes, without limitation, when You complete or download an application, login to the Site or otherwise visit the Site. These Terms will be updated from time to time and Your continued use of the Site and/or any our services signifies Your continued acceptance of the Terms including updates. If, at any time, you wish to discontinue use of the Site, please contact Us as stated herein.
We may engage third parties to perform analysis or data processing of our databases that involves access to this information in order to better provide You with the services for which you joined (in which case we will take commercially reasonable measures to ensure that such parties keep the information confidential.
CyberCoders makes no warranty that (i) the Services will meet your requirements; (ii) the Services will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the service will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations; (v) that your email or voicemail messages will not be lost; and (vi) any errors in the software will be prevented or corrected.
Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and you will be solely responsible for any actual or potential damage to your computer systems or loss of data that results or may result from the download of any such material. No advice or information, whether oral or written, obtained by You from CyberCoders, our third-party service providers or through or from the Services will create any warranty not expressly stated in the terms.
CyberCoders does not have any obligation to verify the identity of the persons or entities using its Services nor does it have any obligation to monitor the use of its Services by other users; therefore, CyberCoders disclaims any and all liability for identity theft or any other misuse or misappropriation of your identity or information by others.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations may not apply to You.
CyberCoders’ rights under this Agreement may not be waived unless CyberCoders agrees to such in writing. This Agreement is personal to you and you may assign or transfer this agreement only with CyberCoders’ prior written approval. Any other attempt to assign, transfer or delegate this Agreement shall be null and void.
All of CyberCoders’ rights and obligations under this Agreement are freely assignable and transferrable by CyberCoders in connection with a merger, acquisition or sale of assets or by operation of law or otherwise.
ALL ACTIONS, DISPUTES, CLAIMS AND CONTROVERSIES, INCLUDING WITHOUT LIMITATION THOSE UNDER, CONTRACT LAW, UNDER COMMON LAW, STATUTORY LAW OR IN EQUITY OF ANY TYPE OR NATURE WHATSOEVER, WHETHER ARISING BEFORE OR AFTER THE DATE OF THIS AGREEMENT AND WHETHER DIRECTLY OR INDIRECTLY RELATING TO: (A) THIS AGREEMENT AND/OR ANY AMENDMENTS AND ADDENDA HERETO, OR THE BREACH, INVALIDITY OR TERMINATION HEREOF; (B) ANY PREVIOUS OR SUBSEQUENT AGREEMENT BETWEEN THE PARTIES; AND/OR (C) ANY OTHER RELATIONSHIP, TRANSACTION OR DEALING BETWEEN THE PARTIES (COLLECTIVELY THE "DISPUTES"), WILL BE SUBJECT TO AND RESOLVED BY BINDING ARBITRATION PURSUANT TO THE ARBITRATION RULES OF THE COMMERCIAL DISPUTE RESOLUTION PROCEDURES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVLEY, "AAA RULES") OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA"). A PARTY WHO INTENDS TO SEEK ARBITRATION MUST FIRST SEND WRITTEN NOTICE TO CYBERCODERS CUSTOMER CARE CENTER OF ITS INTENT TO ARBITRATE ("NOTICE"). THE NOTICE MUST BE SENT VIA CERTIFIED MAIL TO CYBERCODERS, ATTN: CUSTOMER RELATIONS, 6591 IRVINE CENTER DRIVE, SUITE 200, IRVINE, CA 92618. THE NOTICE MUST DESCRIBE THE NATURE AND BASIS OF THE CLAIM OR DISPUTE AND SET FORTH THE SPECIFIC RELIEF SOUGHT. THE PARTIES SHALL WORK TOGETHER IN GOOD FAITH FOR A PERIOD NOT LESS THAN THIRTY (30) DAYS AND IF THE PARTIES DO NOT REACH AN AGREEMENT TO RESOLVE THE CLAIM IN THE MUTUALLY AGREED UPON TIME PERIOD THE PARTIES SHALL COMMENCE ARBITRATION PROCCEDINGS.
EXCEPT AS OTHERWISE PROVIDED FOR HEREIN, CYBERCODERS WILL PAY ALL AAA FILING, ADMINISTRATION AND ARBITRATOR FEES. IF, HOWEVER, THE ARBITRATOR FINDS THAT EITEHR THE SUBSTANCE OF YOUR CLAIM OR THE RELIEF SOUGHT IS IMPROPER OR NOT WARRANTED, AS MEAUSRED BY THE STANDARDS SET FORTH IN FEDERAL RULE OF CIVIL PROCEDURE 11(B), THEN THE PAYMENT OF ALL SUCH FEES SHALL BE GOVERNED BY THE AAA RULES. IN SUCH CASE, YOU AGREE TO REIMBURSE CYBERCODERS FOR ALL MONIES PREVIOUSLY DISBURSED BY IT THAT ARE OTHERWISE YOUR OBLIGATION TO PAY UNDER THE AAA RULES. YOU AGREE THAT, BY ENTEREING INTO THIS AGREEMENT, YOU AND CYBERCODERS ARE WAIVING IMPORTANT RIGHTS INCLUDING THE RIGHT TO A TRIALPER THESE TERMS.
THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. CLAIMS MAY ONLY BE BROUGHT IN AN INDIVIDUAL’S CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPREESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTEHRWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
This agreement is subject to change by CyberCoders at any time. We may modify any of the terms and conditions contained in this Agreement at any time in our sole discretion. The updates and all changes will be posted at cybercoders.com/terms/. If any modification is unacceptable to you, you agree that your only recourse is to terminate this Agreement. Your continued use of the Service following our posting of a change notice or new agreement on the Site will constitute your binding acceptance of the change.
You understand and agree that CyberCoders reserves the right to investigate any improper use of the website that we reasonably suspect to be in violation of the terms set forth in this agreement.
Last Updated: June 8, 2016
Direct Questions or Notices to:
6591 Irvine Center Drive
Irvine, CA 92618
Or by email at TermsOfUse@CyberCoders.com