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Terms of Service for Coddly

    General Terms

    Coddly's websites ("Sites"), mobile applications ("Apps"), and related services (together with the Sites and Apps, "Service") are operated by Coddly ("Coddly," "we"). Access to and use of the Service is subject to the following terms and conditions ("Terms"). By accessing or using any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, including any future modifications. Coddly may modify, update, or change these Terms from time to time. If we do so, we will post a notice on the Sites for at least 7 days after making the changes, and we will indicate at the bottom of the Terms the date of the last review of these Terms. Any changes to these Terms will become effective at the end of (1) the 7-day period or (2) the first time you access or use the Service after the changes. If you do not agree to abide by these Terms, you are not authorized to use or access or participate in the Service.

Please note that these Terms contain a mandatory arbitration clause for disputes that requires the use of arbitration on an individual basis to resolve disputes in certain circumstances, rather than trials by jury or class actions. View these Terms here.

Description of Site and Service

The Service allows users to access and use a variety of educational services, including learning or practicing programming languages. Coddly may, at its sole discretion and at any time, update, change, suspend, improve, or discontinue any aspect of the Service, temporarily or permanently.

Acceptable Use of Services

You are responsible for your use of the Services and for any use of the Services using your account. Our goal is to create a positive, useful, and safe user experience. To further this goal, we prohibit certain types of behavior that may be harmful to other users or to us. When using the Services, you must comply with our community guidelines.

Additional Terms

Some of our Services may have additional terms and conditions ("Additional Terms"). Where Additional Terms apply to a Service, we will provide them to you for review through your use of that Service. By using that Service, you agree to the Additional Terms.

Registration

In connection with the registration and use of the Service, you agree to: (1) provide accurate, current, and complete information about yourself and/or your organization as requested by Coddly; (2) maintain the confidentiality of your password and other account security information; (3) maintain and update any registration information you provide to Coddly, to keep it accurate, current, and complete; and (4) be fully responsible for all use of your account and for any actions that take place through your account.

Your Representations and Warranties

You represent and warrant to Coddly that your access to and use of the Service will be in accordance with these Terms and all applicable laws and regulations, including those related to online behavior or acceptable content, and those related to the transfer of data or information exported from the United States and/or the jurisdiction in which you reside. You also represent that you have created or own any materials you provide via the Service (including user activity and content) and that you have the right, as applicable, to grant us a license to use such materials as described above or the right to transfer such materials to us as described below.

You further represent and warrant that you are not: (1) organized under the laws, or operating from, or ordinarily resident in a country or region subject to comprehensive economic or trade sanctions by the United States (e.g., embargo); (2) listed on any prohibited or restricted persons list, such as the U.S. Treasury Department's Specially Designated Nationals and Blocked Persons List; or (3) otherwise targeted by U.S. sanctions.

Content Submission

As a condition of submitting any reviews or ratings or information or data or text or photographic images or audio clips or audiovisual works or translations or flashcards or other materials to the Service (collectively, "Content"), you grant to Coddly a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, sublicensable license to use, reproduce, copy, adapt, modify, combine, distribute, publicly display, and create derivative works of the Content; and to incorporate the Content into other works; and to sublicense through multiple tiers of sublicensing. You acknowledge that this license is not terminable by you once you submit Content to the Service. You represent that you own or otherwise have obtained all necessary legal rights to the Content you submit for it to be used by you and Coddly and others as described and contemplated in these Terms. You understand that other users will have access to the Content, and that neither you nor Coddly have any obligation to you or any other person to keep the Content confidential.

You will not upload, post, or otherwise provide any Content to or through the Service if it is: (1) defamatory, offensive, threatening, harassing, hateful, or obscene or violates any law or infringes upon the rights of any third party (including copyright, trademark, privacy, publicity, or other personal or proprietary rights); (2) in Coddly’s sole discretion, unacceptable or restricts or inhibits any other person from using the Service, or may expose Coddly or its users to any harm or liability of any type; or (3) in violation of Coddly’s Community Guidelines.

Indemnification

You agree to defend, indemnify, and hold harmless Coddly, its directors, officers, employees, contractors, agents, suppliers, licensors, successors, and assigns from and against any and all losses, claims, causes of action, liabilities, damages, including attorney’s fees, arising out of or related to your access to or use of the Service, any false representation you make to us (as part of these Terms or otherwise), your breach of any of these Terms, or any claim that any translation we provide to you is inaccurate or unsuitable or defective in any way.

App Licenses

Subject to the terms of these Terms, Coddly grants you a non-transferable, non-exclusive license to download, install, and use one copy of each App in object code form only on a wireless interactive device that you own or control. You may not extract or attempt to extract the source code of any part of any App, or permit any third party to extract or attempt to extract the source code, or decompile, disassemble, or reverse engineer any App or any part of it. Coddly and its licensors own all intellectual property rights and other rights in the Apps, and any modifications, changes, or corrections to them. The following terms apply to you only if you use the Apps from the Apple App Store. To the extent that any other Terms of these Terms are less restrictive or conflict with the terms of this paragraph, the more restrictive or conflicting terms of this paragraph will apply, but only with respect to Apps from the Apple App Store. You acknowledge and agree that these Terms are solely between you and Coddly, not Apple, and that Apple is not responsible for the Apps or their content. Your use of any App must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation to provide any maintenance or support services regarding the Apps. If any App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you; to the extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apps, and any claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be governed solely by these Terms. You and Coddly acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to any App or your possession or use of the App, including, but not limited to: (1) product liability claims; (2) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. You agree to comply with all applicable third-party terms of agreement when using the Apps. You and Coddly acknowledge that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that Apple has the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the Service, you agree to resolve the dispute through binding arbitration in accordance with the rules of the Minor Court in Amman, Jordan. The arbitration will be conducted on an individual basis, and you waive any right to participate in a class action or collective proceeding.

Contact Us

If you have any questions about these Terms, please contact us at terms@coddly.com.

Terms of Service for Coddly

General Terms

Coddly's websites ("Sites"), mobile applications ("Apps"), and related services (together with the Sites and Apps, "Service") are operated by Coddly ("Coddly," "we"). Access to and use of the Service is subject to the following terms and conditions ("Terms"). By accessing or using any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, including any future modifications. Coddly may modify, update, or change these Terms from time to time. If we do so, we will post a notice on the Sites for at least 7 days after making the changes, and we will indicate at the bottom of the Terms the date of the last review of these Terms. Any changes to these Terms will become effective at the end of (1) the 7-day period or (2) the first time you access or use the Service after the changes. If you do not agree to abide by these Terms, you are not authorized to use or access or participate in the Service.

Please note that these Terms contain a mandatory arbitration clause for disputes that requires the use of arbitration on an individual basis to resolve disputes in certain circumstances, rather than trials by jury or class actions. View these Terms here.

Description of Site and Service

The Service allows users to access and use a variety of educational services, including learning or practicing programming languages. Coddly may, at its sole discretion and at any time, update, change, suspend, improve, or discontinue any aspect of the Service, temporarily or permanently.

Acceptable Use of Services

You are responsible for your use of the Services and for any use of the Services using your account. Our goal is to create a positive, useful, and safe user experience. To further this goal, we prohibit certain types of behavior that may be harmful to other users or to us. When using the Services, you must comply with our community guidelines.

Additional Terms

Some of our Services may have additional terms and conditions ("Additional Terms"). Where Additional Terms apply to a Service, we will provide them to you for review through your use of that Service. By using that Service, you agree to the Additional Terms.

Registration

In connection with the registration and use of the Service, you agree to: (1) provide accurate, current, and complete information about yourself and/or your organization as requested by Coddly; (2) maintain the confidentiality of your password and other account security information; (3) maintain and update any registration information you provide to Coddly, to keep it accurate, current, and complete; and (4) be fully responsible for all use of your account and for any actions that take place through your account.

Your Representations and Warranties

You represent and warrant to Coddly that your access to and use of the Service will be in accordance with these Terms and all applicable laws and regulations, including those related to online behavior or acceptable content, and those related to the transfer of data or information exported from the United States and/or the jurisdiction in which you reside. You also represent that you have created or own any materials you provide via the Service (including user activity and content) and that you have the right, as applicable, to grant us a license to use such materials as described above or the right to transfer such materials to us as described below.

You further represent and warrant that you are not: (1) organized under the laws, or operating from, or ordinarily resident in a country or region subject to comprehensive economic or trade sanctions by the United States (e.g., embargo); (2) listed on any prohibited or restricted persons list, such as the U.S. Treasury Department's Specially Designated Nationals and Blocked Persons List; or (3) otherwise targeted by U.S. sanctions.

Content Submission

As a condition of submitting any reviews or ratings or information or data or text or photographic images or audio clips or audiovisual works or translations or flashcards or other materials to the Service (collectively, "Content"), you grant to Coddly a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, sublicensable license to use, reproduce, copy, adapt, modify, combine, distribute, publicly display, and create derivative works of the Content; and to incorporate the Content into other works; and to sublicense through multiple tiers of sublicensing. You acknowledge that this license is not terminable by you once you submit Content to the Service. You represent that you own or otherwise have obtained all necessary legal rights to the Content you submit for it to be used by you and Coddly and others as described and contemplated in these Terms. You understand that other users will have access to the Content, and that neither you nor Coddly have any obligation to you or any other person to keep the Content confidential.

You will not upload, post, or otherwise provide any Content to or through the Service if it is: (1) defamatory, offensive, threatening, harassing, hateful, or obscene or violates any law or infringes upon the rights of any third party (including copyright, trademark, privacy, publicity, or other personal or proprietary rights); (2) in Coddly’s sole discretion, unacceptable or restricts or inhibits any other person from using the Service, or may expose Coddly or its users to any harm or liability of any type; or (3) in violation of Coddly’s Community Guidelines.

Indemnification

You agree to defend, indemnify, and hold harmless Coddly, its directors, officers, employees, contractors, agents, suppliers, licensors, successors, and assigns from and against any and all losses, claims, causes of action, liabilities, damages, including attorney’s fees, arising out of or related to your access to or use of the Service, any false representation you make to us (as part of these Terms or otherwise), your breach of any of these Terms, or any claim that any translation we provide to you is inaccurate or unsuitable or defective in any way.

App Licenses

Subject to the terms of these Terms, Coddly grants you a non-transferable, non-exclusive license to download, install, and use one copy of each App in object code form only on a wireless interactive device that you own or control. You may not extract or attempt to extract the source code of any part of any App, or permit any third party to extract or attempt to extract the source code, or decompile, disassemble, or reverse engineer any App or any part of it. Coddly and its licensors own all intellectual property rights and other rights in the Apps, and any modifications, changes, or corrections to them. The following terms apply to you only if you use the Apps from the Apple App Store. To the extent that any other Terms of these Terms are less restrictive or conflict with the terms of this paragraph, the more restrictive or conflicting terms of this paragraph will apply, but only with respect to Apps from the Apple App Store. You acknowledge and agree that these Terms are solely between you and Coddly, not Apple, and that Apple is not responsible for the Apps or their content. Your use of any App must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation to provide any maintenance or support services regarding the Apps. If any App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you; to the extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apps, and any claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be governed solely by these Terms. You and Coddly acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to any App or your possession or use of the App, including, but not limited to: (1) product liability claims; (2) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. You agree to comply with all applicable third-party terms of agreement when using the Apps. You and Coddly acknowledge that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that Apple has the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the Service, you agree to resolve the dispute through binding arbitration in accordance with the rules of the Minor Court in Amman, Jordan. The arbitration will be conducted on an individual basis, and you waive any right to participate in a class action or collective proceeding.

Contact Us

If you have any questions about these Terms, please contact us at terms@coddly.com.

Payment Processing

All financial transactions conducted in the course of the Service will be processed by a third party in accordance with their terms of service, privacy policy, and/or any applicable payment terms and conditions. We encourage you to review the practices of the relevant third party. In any event, Coddly is not responsible for the actions or omissions of any third-party payment processor, including, without limitation, system failures or payment service interruptions.

Refund Policy

All payments are non-refundable. No refunds or credits will be issued for virtual items or partially used membership periods. However, Coddly may issue refunds or credits on a case-by-case basis at its sole discretion. Providing a refund or credit in one instance does not obligate Coddly to provide a refund or credit in the future, under any circumstances. If you cancel your recurring subscription to a paid Coddly service, you will continue to have access to the service until the end of the current billing period.

Third-Party Links, Sites, and Services

The Service may contain links to websites, advertisements, or other services not owned or controlled by Coddly. We do not endorse or assume any responsibility for any such websites, information, materials, products, or services of any third party. If you access any third-party site or service through Coddly, you understand that our Terms and Privacy Policy do not apply to your use of those sites. You expressly acknowledge and agree that Coddly will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of any such third-party site or service.

The Service may include advertisements, which may be targeted to content or information on the Service, or other information. The type and extent of advertising by Coddly on the Service may change. In consideration for granting you access to and use of the Service, you agree that Coddly and its third-party service providers and partners may place such advertisements in the context of displaying the content or information that you or others provide.

No Warranties by Coddly

The Service, including all images, audio files, and other content therein, and any other information, is provided to you on an "as is" and "as available" basis. Coddly and its suppliers make no warranties or representations of any kind, express or implied, with respect to the Service, and all such warranties and representations, including without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement, are expressly disclaimed. Without limiting the foregoing, Coddly makes no warranty or representation of any kind regarding the accuracy of the Service, availability of the Service, completeness, content of information, error-free operation, results to be obtained from use, or non-infringement. Access to and use of the Service may be interrupted due to increased demand, system upgrades, outages, scheduled or unscheduled maintenance, or for other reasons. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event will Coddly be liable to you or any third party claiming through you (whether based on contract, tort, strict liability, or otherwise) for any indirect, incidental, special, consequential, or exemplary damages arising from or related to accessing or using, or inability to access or use, the Service or any part thereof, including, without limitation, loss of use, inaccurate results, loss of profits, business interruption, or damages arising from loss or corruption of data or data becoming inaccurate, cost of recovering any data, cost of substitute services, or third-party claims for any damage to computers, software, modems, phones, or other property, even if Coddly has been advised of the possibility of such damages. To the fullest extent permitted by applicable law, Coddly's liability to you or any third party claiming through you for any reason, and regardless of the form of the action, is limited to the amount you paid, if any, to Coddly for the Service in the 12 months preceding the first action giving rise to liability. This is the total limit. The existence of more than one claim under this will not increase this limit.

You understand and agree that we have set our pricing and entered into these Terms with you based on the liability limitations set forth in these Terms, which allocate risks between us and form the basis of the bargain between the parties.

Termination

Coddly may terminate your access to and use of the Service immediately at any time, for any reason, and in such event, you will have no right to use the Service. You may terminate your Coddly account at any time by following the instructions available through the Service. Sections 1, 6, 8, and 10-28 of these Terms will remain in effect after any termination.

Ownership Rights in Service Content and Activity Materials

All content available through the Service, including designs, text, graphics, images, information, software, audio files, and other files, and the selection and arrangement thereof ("Service Content") is the proprietary property of Coddly or its licensors. You may not modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, or sell any Service Content in any form or by any means, in whole or in part, except as expressly authorized in these Terms. You may not use any data mining, robots, scraping, or similar methods to obtain Service Content. All data, information, and materials resulting from your access to and use of the educational activities available on or through the Service, including any content you create ("Activity Materials"), will be the exclusive property of Coddly, and you will have no right to use Activity Materials except as expressly authorized in these Terms. By using the Service, you assign any and all rights, title, and interest, including any intellectual property or other proprietary rights, in the Activity Materials to Coddly. All rights not expressly granted in these Terms are reserved by Coddly and its licensors.

Trademarks

"Coddly" and all other trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or service marks of Coddly or its licensors, some of which are registered with the U.S. Patent and Trademark Office or other trademark authorities. Access to and use of the Service does not grant you any right or license to reproduce or use Coddly's name or any of Coddly's trademarks, service marks, graphics, or logos, or those of any third party.

Privacy

Use of the Service is also governed by our Privacy Policy, a copy of which is located at www.coddly.com/privacy. By using the Service, you agree to the terms of the Privacy Policy.

Promotional Codes Terms

Coddly may offer promotional codes redeemable for certain services ("Promotional Codes"). Unless otherwise stated, Promotional Codes are subject to the following terms, in addition to any other applicable terms and conditions. By using or redeeming a Promotional Code, you agree to all applicable terms.

Code Providers

In some cases, you may receive a Promotional Code from an authorized third party, such as an employer or another company ("Code Provider"). The Code Provider may impose additional restrictions on your eligibility for the Promotional Code and may terminate your use of the Promotional Code. For example, if you received a prepaid Coddly subscription through a Promotional Code provided by your employer, your employer may terminate your prepaid subscription if you leave your job. If the Code Provider terminates your use of the Promotional Code, you will retain control over your Coddly account and data, and you can subscribe to Coddly on your own.

If you redeem a Promotional Code from a Code Provider, you understand and agree that Coddly may share data about your use of the Promotional Code with the Code Provider, including aggregate and anonymized data, and individual usage data.

Types of Promotional Codes

Coddly may offer the following types of Promotional Codes:

  • Virtual Item Promotional Codes ("Virtual Item Code"): All virtual items are subject to Section 10 of these Terms.
  • Extended Free Trial Promotional Codes for Coddly Subscription Plans, such as Super Coddly or Coddly Max ("Extended Free Trial Code"): Current Coddly subscribers are not eligible to redeem Extended Free Trial Codes. Additionally, you can only redeem one Extended Free Trial Code per calendar year.
  • Prepaid Subscription Promotional Codes for Coddly Subscription Plans ("Prepaid Code"): Current Coddly subscribers are not eligible to redeem Prepaid Codes.

Extended Free Trial Code Automatic Renewal Terms

To redeem an Extended Free Trial Code, you will need to select a subscription plan after the extended free trial period and provide valid payment details that are accepted by Coddly.

If you redeem an Extended Free Trial Code, unless you cancel at least 24 hours before the end of the extended free trial period, you will automatically become a recurring subscriber to the subscription plan you selected after the extended free trial period ends. Your payment method will be automatically charged for the subscription you selected. If you cancel during the extended free trial period, you will lose access to the subscription service at the end of the extended free trial period.

General Promotional Code Terms

Promotional Codes have no cash value and cannot be redeemed for cash or applied to existing subscriptions or previous purchases.

You can redeem each Promotional Code only once.

Some Promotional Codes may be subject to expiration dates or limits on the total number of redemptions allowed.

Coddly may modify, suspend, or terminate any Promotional Code at any time and for any reason.

The sale or transfer of Promotional Codes is strictly prohibited. Any Promotional Codes that are sold or transferred are void.

If any Promotional Code is redeemed or used in a manner that violates this section or other applicable terms and conditions, Coddly may void that Promotional Code and terminate any services obtained through that Promotional Code without any refund or exchange. Additionally, if Coddly determines that a user has willfully violated any applicable terms and conditions, Coddly may prohibit that user from redeeming or using Promotional Codes.

Governing Law

These Terms are governed by and construed in accordance with the laws of Jordan, without regard to its conflict of law principles. Any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the Minor Court in Amman, Jordan.

Notice for Claims of Copyright Violations and Agent for Notice

If you are a copyright owner and have a good faith belief that any material available through the Service infringes upon your copyrights, you may submit a copyright infringement notification to Coddly pursuant to the Digital Millennium Copyright Act by providing us with the following information in writing:

  • An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Please consult your legal counsel for further details or see 17 U.S.C. §512(c)(3). Coddly’s Agent for Notice of claims of copyright infringement can be reached as follows:

For clarity, only copyright infringement notices should go to our Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section your notice may not be valid.

If you believe the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use such content, you may submit a counter-notice to the address listed above containing the following information:

  • Your physical or electronic signature;
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • Your name, physical address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in the judicial district in which you reside, or if you reside outside of the United States, then of the federal court in Pittsburgh, Pennsylvania, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.

After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled. If we receive such notification, we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.

Governing Law

These Terms and Conditions shall be governed by and construed under the laws of the Minor Court in Amman, Jordan, excluding any conflict of laws provisions, regardless of your country of origin or where you access the Service.

Choice of Forum

Subject to Section 24 (Dispute Resolution & Arbitration), all judicial proceedings relating to or arising out of these Terms and Conditions or the Service shall be brought in the state or federal courts sitting in Allegheny County, Pennsylvania. Both parties hereby consent to the personal jurisdiction of the state and federal courts sitting in Allegheny County, Pennsylvania, and waive any objections to venue in those courts.

Dispute Resolution & Arbitration

ANY DISPUTE OR CLAIM RELATING TO THESE TERMS AND CONDITIONS OR THE SERVICE AND SEEKING MONETARY RELIEF SHALL BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS ACCORDING TO THIS SECTION.

Prior to initiating any arbitration, the party seeking arbitration (“Claimant”) must first send a written Notice of Claim to the other party (“Respondent”) by email or USPS Certified Mail. This Notice must contain the Claimant’s name, address, and contact information; the identity of counsel (if any); the nature and basis of the claim; and the specific relief sought. Within thirty (30) days of receipt of the Notice, the parties shall engage in at least one good-faith settlement conference by telephone or video conference. An individual party must be personally present at this settlement conference, and an entity party must be present at this settlement conference through an employee with settlement authority, though both parties may bring counsel as well. Arbitration shall be initiated only if no settlement can be reached at this settlement conference.

The arbitration shall be conducted by a single arbitrator and administered by the American Arbitration Association (“AAA”) according to its Consumer Arbitration Rules, Procedures for the Resolution of Disputes Through Document Submission, Consumer Fee Schedule, and Supplementary Rules for Multiple Case Filings (“AAA Rules”), and the provisions of this section. Where they conflict, the provisions of this section shall take precedence over any AAA Rules. If the AAA is unavailable to conduct an arbitration, the parties shall arbitrate through another mutually agreed upon organization or on an ad hoc basis according to the rules in this section. The arbitration shall be conducted in the English language.

If a claim is within the jurisdiction of a small claims court, either party may choose to have the case heard in the small claims court on an individual basis, instead of arbitration.

If twenty-five (25) or more similar Demands for Arbitration are filed against or on behalf of the same party or related parties, and if representation of the parties is consistent or coordinated across the cases, then the AAA’s Supplementary Rules for Multiple Case Filings shall apply. Counsel filing twenty-five (25) or more similar Demands for Arbitration against Coddly must comply with the AAA’s Filing Requirements for Multiple Case Filings. There shall be no class or collective arbitration, or joinder of claims, except as provided for in the AAA’s Supplementary Rules for Multiple Case Filings.

If you do not want to arbitrate disputes with Coddly and you are an individual, you may opt out of this arbitration agreement by sending an email to terms@coddly.com within 30 days of the day you first access or use the Service.

Notwithstanding the above, either party may apply for and obtain non-monetary, injunctive remedies or urgent relief in court without engaging in any arbitration or informal dispute resolution process.

Language

This agreement was originally written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.

California Resident

If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

Additional Terms for Android Users in China

These Terms and Conditions are a contract between you and Coddly, Inc., a Delaware corporation based in the United States. All paid Coddly Services are developed and operated from the United States. When you pay for a Coddly Service, your payment goes to Coddly, Inc. in the United States. By purchasing or subscribing to a paid Coddly service, you agree that you are buying an offshore service based in the United States.

Miscellaneous

These Terms and Conditions constitute the entire agreement between Coddly and you concerning the subject matter hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver by Coddly or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Coddly may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of Coddly and you, and Coddly's and your respective successors and permitted assigns.

Last revised on August 1th, 2024