Effective Date: April 9, 2021
Welcome to one of Centercode’s GoEarly Program Platforms, including our Centercode-branded GoEarly Program Platform and any mock test or demo site Centercode Platform instance we provide you with access to for purposes of participating in our GoEarly Program (each, a “GoEarly Program Platform”). As a registered GoEarly Program community member, we want you to have a safe and positive experience. Please take a moment to review these GoEarly Program Platform Terms of Use (the “User Terms”) which govern your use of the GoEarly Program Platform. By accessing and using the GoEarly Program Platform, you agree to these User Terms.
Among other things, these User Terms form a contract between you and us. The User Terms:
The terms “we,” “our,” and “us” in these User Terms refer to Centercode, Inc. We reserve the right to modify these User Terms at any time without prior notice. Your use of the GoEarly Program Platform after any modification constitutes your agreement to be bound by the modified User Terms.
Our relationship with our Centercode business customers is governed by our written agreements with these customers, and these User Terms do not modify or supplement any written agreement we have with a business customer.
You are permitted to use the GoEarly Program Platform solely for its intended purpose, which is to provide Centercode with feedback related to new and existing features of the Centercode Platform and/or to learn about opportunities to participate in Centercode Platform testing opportunities, and solely in compliance with these User Terms.
When you create a GoEarly Program Platform account, you represent, warrant, and agree that you are the unique individual identified in that registered user account and that you have not submitted, and will not submit any fictitious, false, inaccurate, or intentionally misleading information about yourself or otherwise. You undertake to keep your contact information in your account current. You represent that your account represents a unique individual (you) and agree that you will not create duplicate accounts. We reserve the right to suspend or terminate any account we believe to be a duplicate. You may not access or use the GoEarly Program Platform from any account other than your own account.
To help ensure a safe and productive experience, all members of the GoEarly Program Platform must comply with the following “Acceptable Use Policy.” If we believe a violation of the policy is deliberate, repeated or presents a credible security risk or risk of harm to other users, our services, our customers, the GoEarly Program Platform, or any third parties, we may suspend or terminate your access with or without notice.
Do:
Do not:
If you see inappropriate behavior or content, please report it immediately to security@centercode.com.
You represent that you have all right, title, and interest to all content and feedback you post on or provide thorough the GoEarly Program Platform, or that you provide to us to post there (“User Content”), including that you have any authorization, consent, or license from any third party that is necessary for you to provide or post the User Content, including but not limited to your feedback. You represent that the User Content does not violate or infringe any intellectual property right, including but not limited to copyright, patent, trademark, trade secret, privacy, publicity, moral right, or other intellectual property right. You represent that providing the User Content to us or posting the User Content will not constitute the breach of any agreement you have with any other person or entity (for example, a nondisclosure or proprietary rights agreement). You agree that you will not provide User Content (including by providing a link that contains or redirects to another location) that is obscene, threatening, harassing, libelous, false, defamatory, tortious, offensive, pornographic, fraudulent, or unlawful. You represent and warrant that all User Content complies with these User Terms.
Your use of the GoEarly Program Platform is subject to the GoEarly Program Platform Privacy Policy.
We may seek the electronic signatures of registered members of the GoEarly Program Platform to agreements using features of the GoEarly Program Platform. By executing any agreements using these features, you agree that these agreements may be electronically signed by you, including by you entering your username and password to confirm your agreement, and that the electronic signature is the same as a handwritten signature for the purposes of validity, enforceability, and admissibility. You can access agreements you have executed within the GoEarly Program Platform. To view these agreements, you can visit https://mMoculus.centercode.com/agreements/ or while logged in, you can view your agreements under Personal Profile/Account Settings.
The GoEarly Program Platform is based on proprietary technology and content owned by Centercode, Inc. or its licensors (if any). The GoEarly Program Platform and its contents are protected by intellectual property laws, including copyright and trademark laws, and all intellectual property (including content) in the GoEarly Program Platform belongs to us or our licensors (if any). Except as we specifically allow, you may not copy, reproduce, modify, publish, share, sell, lease, rent, transmit, or create derivative works based on the GoEarly Program Platform, and the content on this site.
You agree that we may use and incorporate into the Centercode Platform and the GoEarly Program Platform any suggestion or other feedback you provide, without payment or condition.
The GoEarly Program Platform, and emails that come from Centercode may contain links to other websites on the Internet. We are not responsible or liable for these third party websites or the content on these websites. If you use these links to third party websites, you will leave our sites and be subject to the terms of use and privacy policies that apply to those third party websites.
The GoEarly Program Platform may offer opportunities to download (or have sent to you via email) third party programs or content (“Downloaded Content”). We cannot and do not guarantee or warrant that Downloaded Content will be free of viruses or other harmful code, files, or computer programs.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER CENTERCODE, NOR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, LICENSORS, BUSINESS PARTNERS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, OR CONTRACTORS (THE “CENTERCODE PARTIES”) MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO YOU RELATING TO THE GoEarly Program Platform OR THE CONTENT PROVIDED THROUGH THE GOEARLY PROGRAM PLATFORM, WHICH ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE CENTERCODE PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE GOEARLY PROGRAM PLATFORM AND CONTENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL ANY CENTERCODE PARTY HAVE ANY LIABILITY TO YOU FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR ANY OTHER TYPE OF DAMAGES, INCLUDING WITHOUT LIMITATION FOR LOST DATA, LOSS OF USE, LOST PROFITS, OR LOST REVENUES, HOWEVER CAUSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE GOEARLY PROGRAM PLATFORM, OR THE CONTENT AVAILABLE ON THE GOEARLY PROGRAM PLATFORM, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR UNDER ANY OTHER THEORY OF LIABILITY INCLUDING NEGLIGENCE, EVEN IF ANY CENTERCODE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
THE FOREGOING LIMITATIONS DO NOT LIMIT EITHER PARTY’S RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF, AND THE FOREGOING DISCLAIMERS AND LIMITATIONS SHALL NOT APPLY TO THE EXTENT (AND ONLY TO THE EXTENT) THE DISCLAIMER OR LIMITATION IS PROHIBITED BY APPLICABLE LAW. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW ALL EXCLUSIONS OF LIABILITIES ABOVE, IN THE EVENT ANY CENTERCODE PARTY IS NEVERTHELESS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE, LOSS, OR HARM ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE GOEARLY PROGRAM PLATFORM, OR THE CONTENT AVAILABLE ON THE GOEARLY PROGRAM PLATFORM, YOU AGREE THAT THE MAXIMUM AGGREGATE LIABILITY OF THE CENTERCODE PARTIES SHALL IN ALL CASES BE LIMITED TO TWENTY DOLLARS ($20) IN THE AGGREGATE.
You understand and agree that you have full responsibility for your actions on the GoEarly Program Platform, and for User Content you upload or provide to us to upload. You therefore agree to indemnity, defend, and hold the Centercode Parties harmless from and against any and all claims, losses, expenses, damages, and costs (including reasonable attorneys’ fees) resulting from or arising out of any violation by you of these User Terms.
We take the intellectual property rights of others seriously and require that members of our GoEarly Program Platform, and any others providing us with User Content do the same. The DCMA provides a process for addressing claims of copyright infringement. Please note that we will share your full complaint, including your contact information, to the alleged violator. If you are concerned about your contact information being forwarded, you may wish to use an agent to report it for you.
If you own a copyright or have authority to act on behalf of a copyright owner and want to file a DMCA complaint that a third party is infringing that copyright through our services, please send us a notice to the contact address below in “Notices Under User Terms“ that includes the following information: (1) a description of the copyrighted work; (2) a description of the material you claim is infringing and the URL of that material; (3) your address, telephone number, and email address; (4) the following statement: “I have a good faith belief that the use of the copyrighted material I am complaining of is not authorized by the copyright owner, its agent, or the law”; (5) the following statement: “The information in this notice is accurate and, under penalty of perjury, I am the owner, or authorized to act on behalf of the owner, of the copyright”; and (6) an electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.
We may, in appropriate situations, disable or terminate the account of a user on the GoEarly Program Platform. This process does not limit our ability to pursue any other remedies we may have to address suspected infringement. Please be aware that you may be liable for any damages, including costs and attorneys’ fees incurred by us or our users, if you knowingly materially misrepresent that material is infringing.
Except as otherwise set forth herein, all notices under the User Terms will be by email or by notice through the GoEarly Program Platform. Privacy notices to Centercode must be sent to privacy@centercode.com. Legal and Digital Millennium Copyright Act notices to Centercode must be sent to legal@centercode.com. Alternatively, you can provide legal notice by mail to:
Centercode, Inc. 23332 Mill Creek Drive, Suite 260 Laguna Hills, CA 92653 Attn: Legal Department
A notice given by email (or by us to a member of the GoEarly Program Platform through the GoEarly Program Platform) will be deemed to have been duly given the day after it is sent. A notice given by mail will be deemed to have been duly given when received.
These User Terms constitute the entire agreement of the parties with respect to the subject matter of these User Terms. No failure or delay by either party in exercising any right under the User Terms will constitute a waiver of that right. No waiver of any breach or default of the User Terms will be effective unless made in writing and signed by an authorized representative of the waiving party.
The User Terms will be enforced to the fullest extent permitted under applicable law. If any provision of the User Terms is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the User Terms will remain in full force and effect.
You may not assign any of your rights or delegate your obligations under these User Terms whether by operation of law or otherwise, without our prior written consent (not to be unreasonably withheld). We may assign these User Terms in their entirety (including all terms and conditions incorporated herein by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.
The User Terms, and any disputes arising out of or related to these User Terms, your use of the GoEarly Program Platform, or your User Content, will be governed exclusively by the laws of the state of California, without regard to conflicts of laws rules. You agree that the courts located in Orange County, California will have exclusive jurisdiction to adjudicate any dispute arising out of or related to these User Terms, your use of the GoEarly Program Platform, or your User Content. Each party hereby consents and submits to the exclusive jurisdiction of such courts.
As our business evolves, we may change these User Terms. The last date these User Terms were modified is the Effective Date above. If we make a material change, we will call the change to your attention through email or the GoEarly Program Platform. You can review the most current version of the User Terms at any time by visiting this page. Any material revisions to these User Terms will become effective on the date set forth in our notice, and all other changes will become effective on the date we publish the change. If you use the GoEarly Program Platform after the effective date of any changes, that use will constitute your acceptance of the revised terms and conditions.
When providing a notice to us under these User Terms, you must contact us as described above in the “Notices Under User Terms” section. In other circumstances, please feel free to contact us at goearly@centercode.com or at our mailing address below:
Centercode, Inc. 23332 Mill Creek Drive, Suite 260 Laguna Hills, CA 92653 USA