Terms & Conditions

Last Updated: November 1, 2024

Please read these Terms and Conditions ("Terms," "Terms and Conditions") carefully before using the CaCodeCourses website at cacodecourses.com (the "Service") operated by CaCodeCourses Inc. ("us," "we," or "our"), a corporation incorporated under the laws of Ontario, Canada.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the Service.

1. Definitions

• "Client" refers to any individual or organization that engages CaCodeCourses for professional services.
• "Deliverables" refers to any software, documentation, or other materials created by CaCodeCourses for a Client.
• "Services" refers to software development, consulting, and related professional services provided by CaCodeCourses.
• "Website" refers to cacodecourses.com and all associated subdomains.

2. Use of Our Website

2.1 Permitted Use

You may use our website for lawful purposes only. You agree not to use the website:

• In any way that violates any applicable federal, provincial, or local law or regulation
• To transmit any material that is defamatory, offensive, or otherwise objectionable
• To impersonate or attempt to impersonate CaCodeCourses, a CaCodeCourses employee, or any other person or entity
• To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the website
• To introduce any viruses, trojan horses, worms, or other malicious code

2.2 Account Registration

Some features of our website may require registration. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for all activities that occur under your account.

3. Professional Services

3.1 Service Agreements

Professional services are governed by separate Service Agreements or Statements of Work ("SOW") that will specify:

• Scope of work and deliverables
• Project timeline and milestones
• Pricing and payment terms
• Intellectual property rights
• Confidentiality obligations

In the event of any conflict between these Terms and a Service Agreement, the Service Agreement shall prevail with respect to the services covered by that agreement.

3.2 Client Responsibilities

Clients engaging our services agree to:

• Provide timely access to necessary information, systems, and personnel
• Designate a primary point of contact for project communications
• Review and provide feedback on deliverables within agreed timeframes
• Make payments according to the agreed payment schedule
• Ensure all provided content and materials do not infringe third-party rights

3.3 Project Changes

Any changes to project scope, timeline, or deliverables must be documented in writing through a change order process. Changes may result in adjustments to project costs and timelines.

4. Intellectual Property

4.1 Our Intellectual Property

The website and its original content, features, and functionality are owned by CaCodeCourses and are protected by international copyright, trademark, and other intellectual property laws. Our trademarks and trade dress may not be used in connection with any product or service without prior written consent.

4.2 Client Intellectual Property

Upon full payment, Clients receive ownership of custom deliverables as specified in the applicable Service Agreement. CaCodeCourses retains ownership of:

• Pre-existing tools, libraries, and frameworks
• General knowledge, skills, and experience gained during the project
• Generic components that may be reused across projects

4.3 Portfolio Rights

Unless otherwise specified in the Service Agreement, CaCodeCourses reserves the right to display completed work in our portfolio and marketing materials.

5. Confidentiality

Both parties agree to maintain the confidentiality of proprietary information shared during the course of engagement. This obligation survives termination of any agreement and continues for a period of five (5) years. Confidential information does not include information that:

• Is or becomes publicly available through no fault of the receiving party
• Was rightfully in the receiving party's possession prior to disclosure
• Is independently developed without use of confidential information
• Is required to be disclosed by law or court order

6. Warranties and Disclaimers

6.1 Service Warranty

For professional services, we warrant that deliverables will materially conform to agreed specifications for a period of thirty (30) days following delivery ("Warranty Period"). Our sole obligation for breach of this warranty is to correct the non-conforming deliverable at no additional charge.

6.2 Website Disclaimer

THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CACODECOURSES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• The operation or availability of the website
• The accuracy, reliability, or completeness of any content
• That the website will be uninterrupted, secure, or error-free
• The results that may be obtained from use of the website

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CACODECOURSES, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, OR AFFILIATES BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Any loss of profits, revenue, data, or goodwill
• Any damages arising from your use of or inability to use the website or services

Our total liability for any claims arising under these Terms shall not exceed the amount paid by you, if any, for accessing the website, or the fees paid under the applicable Service Agreement for the specific services giving rise to the claim.

8. Indemnification

You agree to defend, indemnify, and hold harmless CaCodeCourses and its officers, directors, employees, and agents from any claims, damages, obligations, losses, liabilities, costs, or debt arising from:

• Your use of and access to the website
• Your violation of any term of these Terms
• Your violation of any third-party right, including intellectual property rights
• Any content you submit or transmit through the website

9. Termination

We may terminate or suspend your access to the website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

For professional services, termination provisions are governed by the applicable Service Agreement. In the absence of specific termination provisions, either party may terminate with thirty (30) days written notice. Upon termination, the Client shall pay for all work completed through the termination date.

10. Governing Law and Dispute Resolution

10.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

10.2 Dispute Resolution

Any dispute arising out of or relating to these Terms shall first be attempted to be resolved through good faith negotiation. If negotiation fails, disputes shall be submitted to binding arbitration in Toronto, Ontario, conducted in English in accordance with the Arbitration Act, 1991 (Ontario). The decision of the arbitrator shall be final and binding.

10.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

11. General Provisions

11.1 Entire Agreement

These Terms, together with any applicable Service Agreement, constitute the entire agreement between you and CaCodeCourses regarding the use of the website and services.

11.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

11.3 Waiver

The failure of CaCodeCourses to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

11.4 Assignment

You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms without restriction.

12. Changes to Terms

We reserve the right to modify or replace these Terms at any time. Material changes will be notified by posting the new Terms on this page with an updated "Last Updated" date. Your continued use of the website after such changes constitutes acceptance of the new Terms.

13. Contact Us

If you have any questions about these Terms, please contact us: