1.1 Acceptance of these Terms
These Terms and Conditions (the “Terms” or “Terms of Use”) govern your access to and use of the website www.coderhouse.com (the “Site”), the learning platform at https://app.coderhouse.com/, and any related applications, courses, memberships, and services (collectively, the “Services”) offered by Coder Holding Corporation, a Delaware corporation (together with its affiliates, “Coderhouse,” “we,” “us,” or “our”). By creating an account, checking a box or clicking a button indicating your acceptance, purchasing a course or membership, or otherwise accessing or using the Services, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree to these Terms, you may not access or use the Services.
PLEASE READ SECTION 12 CAREFULLY. IT CONTAINS A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER THAT AFFECT HOW DISPUTES BETWEEN YOU AND CODERHOUSE ARE RESOLVED, UNLESS YOU OPT OUT AS PROVIDED IN SECTION 12.5.
1.2 Company Information and Governing Law
Coder Holding Corporation is a Delaware corporation with its registered address at c/o Harvard Business Services, Inc., 16192 Coastal Highway, Lewes, Delaware 19958. These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules, and, with respect to Section 12, by the Federal Arbitration Act. Any dispute arising out of or relating to these Terms or the Services will be resolved as provided in Section 12 (Dispute Resolution; Binding Arbitration; Class Action Waiver). Nothing in these Terms deprives you of the protection of any consumer protection law of your state of residence that cannot be waived by contract.
1.3 Cookies
Coderhouse and its third-party service providers use cookies, pixels, software development kits, and similar technologies (collectively, “Cookies”) to operate the Services, remember your preferences, analyze usage, personalize content and our product offering, and, where permitted by applicable law, deliver and measure advertising on our own and third-party sites. Cookies are small text files sent by a website and stored in your browser or device. Some Cookies may collect device identifiers, IP addresses, and browsing activity that may be considered personal information under applicable law. You can manage Cookies through your browser settings and, where available, through our cookie preference tool, and we honor opt-out preference signals (such as Global Privacy Control) as required by applicable law. For more information, see our Privacy Policy.
2.1 Services
The services covered by this document include: (I) The virtual platform, including all users’ access to each course’s materials; access to grades; access to attendance records; and access to fee payment records. (II) Access to the online course and its content. (III) User: any person who accesses or uses the Services, including students, tutors, coordinators, and Teachers (Teachers and other contractors are also bound by their respective agreements with Coderhouse, which prevail in the event of conflict). (IV) Provider: Coder Holding Corporation. (V) Registration data: first name; last name; email address; phone number; country and state of residence; and confirmation that you meet the minimum age requirement set forth in Section 5.2. Payment card data is collected and processed directly by Coderhouse’s third-party payment processors.
2.2 Scope
Coderhouse will provide the Services to Users in accordance with these Terms. Coderhouse will use commercially reasonable efforts to provide the Services, using the technology it deems appropriate based on its technical and financial resources. Coderhouse reserves the right to change the way it provides its services, and will use reasonable efforts to notify Users in advance of any material change.
No Guarantee of Outcomes. Coderhouse is not an accredited college or university, and its courses do not confer academic degrees or academic credit. Coderhouse does not guarantee that completing any course, obtaining a certificate, or using the Services will result in employment, job placement, promotion, a particular salary, or any other professional or financial outcome. Any information about career outcomes published by Coderhouse is provided for informational purposes only and is not a promise of results.
2.3 Conditions of Use
Coderhouse may suspend or terminate a User’s access to all or part of the Services, with or without prior notice, if the User fails to comply with these Terms, engages in academic dishonesty, fraud, or harassment, or initiates a payment dispute in bad faith, and Coderhouse reserves all rights and remedies available at law with respect to any resulting damages. Suspension or termination for breach does not entitle the User to a refund, except as required by applicable law. If Coderhouse terminates a User’s access for reasons other than the User’s breach, Coderhouse will refund the unused portion of any prepaid fees on a pro rata basis.
2.4 User Responsibilities
The User agrees to use the Services only for lawful purposes and in accordance with these Terms and all applicable laws. Without limitation, the User shall not: (a) use the Services for any unlawful purpose or in a manner that infringes or harms the rights of third parties; (b) damage, disable, overload, or impair the Services or the systems, hardware, software, files, or content of Coderhouse or other users, or attempt to gain unauthorized access to them (including through hacking, scraping, or the introduction of malicious code); (c) share account credentials or permit any other person to access their account; (d) record, copy, download, reproduce, resell, or publicly distribute live classes, course materials, or other content, except as expressly permitted by Coderhouse; (e) use any content of the Services to train, fine-tune, or develop artificial intelligence models or competing products; (f) harass, threaten, or discriminate against other Users, Teachers, or Coderhouse staff; or (g) submit work that is not their own in violation of Coderhouse’s academic integrity rules. The User is responsible for maintaining the confidentiality of their password and for all activity that occurs under their account, and must promptly notify Coderhouse of any unauthorized use.
2.5 Security and Privacy
Coderhouse collects, uses, and discloses personal information as described in its Privacy Policy, available at https://www.coderhouse.com/en/privacy, which forms part of these Terms. Coderhouse uses personal information to provide, operate, secure, and improve the Services, including for enrollment, grading, certification, and customer support, and, subject to applicable law and the choices available to you, to market its own products and services. Coderhouse does not sell students’ personal information for monetary consideration and does not use the content of student submissions for targeted advertising. Personal information may be processed and stored in the United States, Argentina, and other countries where Coderhouse, its affiliates, or its service providers operate, which may have data protection laws different from those of your state of residence. Depending on your state of residence, you may have the right to access, correct, delete, or obtain a copy of your personal information, and to opt out of certain processing, as described in the Privacy Policy. Access to your account is protected by your password. Although Coderhouse implements reasonable administrative, technical, and physical safeguards, no method of transmission or storage is completely secure.
2.6 Student Intellectual Property
Intellectual property rights over original code and other work developed by a student during a course (“Student Work”) belong to the student who created it, excluding any course materials, templates, starter code, datasets, or other content provided by Coderhouse, which remain the property of Coderhouse. Coderhouse will not publicly disclose Student Work without the student’s consent. The student grants Coderhouse a non-exclusive, worldwide, royalty-free license to host, copy, process, and display Student Work to the extent necessary to provide the Services, including for grading and feedback by Teachers, Academic Staff, and artificial intelligence tools such as Ticher (AI), for academic integrity checks, and for maintaining academic records, provided that Coderhouse will not use Student Work or students’ conversations with Ticher (AI) to train artificial intelligence models, and may only use aggregated usage statistics that do not include their content to improve the Services. Notwithstanding the foregoing, it is each student’s responsibility to protect and safeguard the rights to their created work.
3. Trademark and Intellectual Property Rights
Coderhouse and its subsidiaries or affiliated companies own all intellectual property rights over their websites, content, services, products, trademarks, trade names, logos, designs, images, advertising slogans, copyrights, domains, code, developments, software, databases, information, technology, patents, and other assets, all of which are protected under United States and international copyright, trademark, patent, trade secret, and other laws. Subject to these Terms and payment of applicable fees, Coderhouse grants each User a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services and course content solely for the User’s personal, non-commercial educational purposes. Except as expressly permitted by this license, any reproduction, modification, distribution, public display, or creation of derivative works of the foregoing is prohibited. If you submit suggestions or feedback about the Services, Coderhouse may use them without restriction or compensation to you.
Copyright Complaints. If you believe that content available through the Services infringes your copyright, please send a notice meeting the requirements of the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)) to Coderhouse’s designated copyright agent at [email protected] or at the address set forth in Section 1.2.
4. User Content and Statements
Users are solely responsible for the comments, posts, messages, submissions, and other content they publish or share through Coderhouse’s website, app, community spaces, or private tools, or during a course (“User Content”). Opinions expressed by Users or Teachers are their own and do not necessarily reflect the views of Coderhouse. Coderhouse does not pre-screen User Content and is not responsible for it, but may, at its discretion, remove any User Content that violates these Terms or applicable law. Each User shall indemnify and hold Coderhouse harmless from any claim, action, or liability arising out of the User Content they publish, as further provided in Section 11.
5. Course Enrollment
5.1 Enrollment Process
In all cases, enrollment must be completed via the website at www.coderhouse.com. The user must complete the corresponding registration and select the dates and times that fit their schedule, subject to availability. The user must then pay the full course price or, if a payment plan is offered at checkout, the first installment, using the available payment methods. Once enrollment is complete, the user will receive a welcome email with enrollment details and the instructions needed to proceed. If the student wishes to change the start date of a course, they may do so at no charge up to six (6) days before the course begins; after that date, a change fee may apply, the amount of which will be disclosed on the Site before purchase and confirmed to the student before the change is processed.
Prices, Taxes, and Payment Authorization. All prices are stated in U.S. dollars and, unless otherwise indicated, do not include applicable sales or use taxes, which will be added at checkout where required by law. By providing a payment method, the user represents that they are authorized to use it and authorizes Coderhouse and its payment processors to charge the total amount shown at checkout, including any scheduled installments. If a payment is declined or reversed, Coderhouse may suspend access to the course until the outstanding amount is paid.
5.2 Eligibility and Requirements
Students must be at least eighteen (18) years of age, or the age of majority in their state of residence if higher, and must have a computer with internet access. Coderhouse does not accept the enrollment of minors, including with the authorization of their parents, guardians, or legal representatives, and does not knowingly collect personal information from children under the age of thirteen (13). Coderhouse may request reasonable proof of age and may cancel any enrollment that does not meet this requirement, in which case any amounts paid will be refunded.
Geographic Availability; Excluded States. The paid Services, including enrollment in courses and the purchase of CoderPro Membership plans, are not currently offered to residents of the States of California, Connecticut, and Texas (the “Excluded States”). By enrolling in a course or purchasing a subscription, the User represents and warrants that they are not a resident of an Excluded State and that the state of residence provided at registration is accurate. Coderhouse may verify this information, including by reference to the billing address of the payment method used. If Coderhouse determines that a User resides in an Excluded State, Coderhouse may cancel the enrollment or subscription and will refund the amounts paid for it. If a User becomes a resident of an Excluded State after enrolling, the User must promptly notify Coderhouse, and Coderhouse may, to the extent permitted by applicable law, either allow the User to complete the course in progress or cancel the enrollment and refund the unused portion of the fees paid on a pro rata basis. Coderhouse may update the list of Excluded States from time to time by posting the updated list on the Site; any such update will not affect enrollments or subscription periods purchased before it is posted, except as required by applicable law. This Section does not restrict access to the Site or to free content.
5.3 Limited Seats
Course seats are limited. A seat is confirmed and reserved only once payment has been made through any of the available payment methods. Enrollment will close once all seats are filled.
5.4 Modifications
Coderhouse reserves the right to reschedule and/or cancel courses as it deems necessary. If Coderhouse cancels a course, or changes its start date by more than [fourteen (14)] days, students who have already paid may choose to (i) receive a full refund of the amounts paid for the affected course, (ii) apply the balance toward another course of interest, or (iii) transfer it to another person who meets the requirements of Section 5.2. Coderhouse also reserves the right to change Teachers or tutors for operational, academic, or other legitimate reasons. Lastly, Coderhouse reserves the right to change a course’s start date, with prior notice to students, due to lack of Teacher availability or content changes. Such changes will be communicated through any of Coderhouse’s communication channels with students.
5.5 Coupons and Promotions
Discount coupons corresponding to promotions offered by Coderhouse to prospective students are valid only for courses and programs. Coupons cannot be combined, have no cash value, are non-transferable unless otherwise stated, may not be applied to prior purchases, and are subject to the expiration date and specific conditions disclosed with each promotion. Only one discount coupon may be used per course and/or program, and it will be applied to the price of the course or program.
6. Refunds and Cancellation — Quality Guarantee Clause
Coderhouse’s Quality Guarantee Clause allows a student to request a full refund of the amounts paid for the first course in which the student enrolls, provided that the request is submitted through [the chat widget on the platform] before the third (3rd) live class of that course takes place. At the student’s option, the amount may instead be kept as a credit balance under the Credit Balance section of Section 7. Approved refunds will be issued to the original payment method within [ten (10)] business days. The Quality Guarantee Clause does not apply to any subsequent enrollment or to any other course or program purchased by the student. Except as provided in this Section 6, in Section 5.4, or as required by applicable law, course fees are non-refundable. If the law of the student’s state of residence grants a cancellation or refund right more favorable to the student, that right will apply.
7. Coderhouse 4.0 Course Format
The 4.0 format is delivered through asynchronous content and one (1) live online class per week (except for the AI Automation course, which has two live classes per week), taught by a Teacher, with access to the virtual assistance tool provided by Coderhouse and trained on each course’s content (hereinafter, “Ticher (AI)”). Within the asynchronous content, students will find theoretical material in audiovisual format, graphic resources, practical activities, and exercises. All of this learning will be reinforced and expanded upon during live online classes taught by the Teacher. Previewing the asynchronous content ahead of each class is highly recommended. Students must connect synchronously on the day and time corresponding to the cohort selected at enrollment, via the platform at https://app.coderhouse.com/. Live online classes last approximately two (2) hours and are held via Zoom or another videoconferencing platform designated by Coderhouse. It is the student’s responsibility to have adequate internet connectivity to be able to connect. [Live online classes may be recorded and made available to students enrolled in the relevant cohort. By attending a live class, the student acknowledges and consents to such recording, including of their voice, image, and chat messages if they participate.]
Submissions and Practical Activities During the Course
Submissions allow students’ learning progress to be tracked throughout the program. The number of pre-submissions or activities may vary depending on the course syllabus. Submissions and activities will be available throughout the course content, within each module. Corrections and feedback on activities or pre-submissions will be provided through Ticher (AI), which will offer automated, guidance-oriented feedback based on the course’s specific content and trained by Coderhouse. Pre-submissions will be evaluated through the correction process defined by Coderhouse for each course, which may combine artificial intelligence tools with a subsequent review, validation, and/or supplementation stage by the Academic Staff, in accordance with each activity’s specific grading rubrics. Feedback generated by Ticher (AI) is automated, may contain errors or omissions, and does not replace the academic criteria defined by Coderhouse. Students may request a review of any grade through the platform’s support channel.
Final Project
Each course will include a comprehensive Final Project (also called the Final Evaluation). Students will have thirty (30) calendar days from the end of the last class to submit the Final Project. The Final Project will be evaluated through the correction process defined by Coderhouse for each course, which may combine artificial intelligence tools with a subsequent review, validation, and/or supplementation stage by the Academic Staff, in accordance with the course’s specific grading rubrics. Feedback issued during this process does not guarantee approval of the Final Project, nor does it replace the academic criteria defined by Coderhouse. The Final Project will be approved if the student receives a grade of seven (7) or higher. If not approved, the student will have up to one (1) additional submission attempt within the total thirty (30) calendar day period. Once this period has elapsed or all attempts have been used, no further submissions will be accepted. Students may request a review of their Final Project grade through the platform’s support channel within ten (10) days after the grade is issued, and such review will be conducted by the Academic Staff.
Certification
The certificate of completion will be awarded exclusively to students who meet the following criteria: Attendance: record a minimum of 80% attendance at live online classes. Content progress: complete 100% of the viewing of the study material available on the platform. Pre-submissions: complete and pass all pre-submissions assigned at the end of each content module. Students will have unlimited attempts to pass, provided they are completed before the Final Project becomes available. Final Project: pass the Final Project with a minimum grade of seven (7). Up to two (2) submission attempts will be available within the thirty (30) calendar day period from the end of the last class. The certificate of completion attests only to the student’s completion of the relevant Coderhouse course. It is not an academic degree, diploma, or academic credit, and it is not accredited, approved, or licensed by any governmental agency or accrediting body, unless expressly stated otherwise.
Ranking System and Benefits
Students will have access to a points system designed to recognize their progress and consistency throughout the course, with detailed point values published on the corresponding panel within their course. The maximum score obtainable varies by course type. Point allocation: points will be awarded based on attendance at live classes, submission and approval of pre-submissions, completion of quizzes, and completion of the end-of-class rating. Ranking access and benefits: students who, by the end of the course, reach or exceed 80% of the maximum points for their cohort will enter the Featured Ranking and unlock the following benefits: issuance of a Special Certificate in its featured version; a 25% discount code applicable toward the purchase of a future Coderhouse course; complimentary access to the Pro Membership for a period of one (1) month. The Featured Ranking benefits are personal, non-transferable, and have no cash value; the discount code is subject to the expiration date and conditions stated upon issuance; and the complimentary month of Pro Membership will not automatically convert into a paid subscription unless the student affirmatively subscribes. Coderhouse may modify or discontinue the ranking system prospectively, without affecting benefits already earned.
Cohort Change
Notwithstanding Sections 5.1 and 5.4, students enrolled under the 4.0 Format may request up to one (1) cohort change at no additional cost, subject to availability and only in exceptional circumstances, to be evaluated and authorized at Coderhouse’s sole discretion. Coderhouse reserves the right to modify or discontinue this benefit prospectively, without affecting requests already approved.
Course Change
Students enrolled in a course under the 4.0 Format may request a course change provided the third live class of the original course has not yet taken place. They may do so through the chat widget located in the bottom right section of the platform. If the new course has a higher price, the student must pay the difference. If the price of the course to which the change is made is lower, the difference will be credited as platform credit balance, subject to the terms of the Credit Balance section below.
Credit Balance
A student enrolled in a course under the 4.0 Format may choose to leave the amount paid as a credit balance available in their platform profile, in the cases expressly provided for in these Terms and Conditions. Credit balance may be granted in the following cases: when the student is covered by the Quality Guarantee Clause and elects to receive a credit balance instead of a refund; provided the third (3rd) live online class of the course in question has not yet taken place; or when a credit balance is automatically generated as a result of a course change or any other case contemplated in these Terms and Conditions. The credit balance is personal and non-transferable and may be used for future enrollment in Courses and other products available for self-service enrollment on the platform at https://app.coderhouse.com/ (excluding the Pro Membership). The credit balance may not be redeemed for cash, except where required by applicable law. The credit balance is valid for five (5) years from the date it is credited, or for any longer period required by the law of the student’s state of residence.
8. CoderPro Membership
8.1 Scope of Service
CoderPro Membership is an automatically renewing subscription service that provides access to workshops and learning personalization tools, in accordance with the plan purchased by the user.
8.2 Free Initial Access
All users who register on the Coderhouse platform will have free access to: (i) two (2) workshops of their choice from the catalog; and (ii) access to the Playground to create up to two (2) personalized courses. Free access does not require payment information, does not automatically convert into a paid subscription, and does not create any obligation to purchase a subscription afterward.
8.3 Subscription Plans
To access additional features, subject to the geographic restrictions set forth in Section 5.2, the user may purchase a monthly or annual CoderPro Membership plan through the platform. Before purchase, and in visual proximity to the request for consent, Coderhouse will clearly and conspicuously disclose the price, the billing frequency, the fact that the subscription will automatically renew until cancelled, the length of each renewal term, and how to cancel. The subscription will not be activated unless the user affirmatively consents to these automatic renewal terms. After purchase, Coderhouse will send the user an acknowledgment that includes these terms and cancellation instructions.
8.3.1 Automatic Renewal
Unless cancelled before the end of the current billing period, the subscription will automatically renew for successive periods of the same length (monthly or annual, as applicable), and the user authorizes Coderhouse to charge the then-current subscription price to the payment method on file at the start of each renewal period. For annual plans, Coderhouse will send a reminder notice no fewer than [fifteen (15)] and no more than [forty-five (45)] days before each renewal. In addition, Coderhouse will send each subscriber, at least once a year, a reminder of the subscription terms and instructions on how to cancel.
8.3.2 Price Changes
Coderhouse may change the subscription price. Any price change will apply only to renewal periods beginning after the change takes effect and will not affect the period already paid for. Coderhouse will notify the user of any price change, together with instructions on how to cancel, no fewer than seven (7) days and no more than thirty (30) days before the change takes effect. If the user does not agree with the new price, the user may cancel the subscription before the next renewal.
8.4 Payment Methods
Payment for the CoderPro Membership subscription shall be made by credit or debit card, or by any other payment method made available on the platform, in a single payment for each billing period (monthly or annual, as applicable), charged in advance at the beginning of each period.
8.5 Subscription Cancellation
The user may cancel the subscription at any time, online, through the account settings on the platform, without having to contact customer support. Cancellation will take effect at the end of the current billing period, and no further charges will be made after cancellation. The user may continue to use the subscription until the end of the period already paid for.
8.6 Subscription Refunds
Except as provided in Section 8.7 or as required by applicable law, no full or partial refunds will be issued for subscription periods already paid for, even if the user has not fully or partially used the benefits of the plan purchased.
8.7 Service Modifications
Coderhouse reserves the right to modify, update, or discontinue content or features of the CoderPro Membership, while guaranteeing access to the benefits corresponding to the period already paid for. If Coderhouse discontinues the CoderPro Membership in its entirety before the end of a paid billing period, it will refund the unused portion of the fees paid on a pro rata basis.
9. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, INCLUDING ALL COURSES, CONTENT, CERTIFICATES, AND FEEDBACK GENERATED BY TICHER (AI) OR OTHER ARTIFICIAL INTELLIGENCE TOOLS, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND CODERHOUSE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. CODERHOUSE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT AI-GENERATED FEEDBACK WILL BE ACCURATE OR COMPLETE. The Services may rely on or link to third-party services, such as videoconferencing platforms, payment processors, and hosting providers, which are governed by their own terms and for which Coderhouse is not responsible. Some states do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CODERHOUSE, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OR TEACHERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, EARNINGS, EMPLOYMENT OPPORTUNITIES, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CODERHOUSE’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO CODERHOUSE DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). THESE LIMITATIONS DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW, INCLUDING, WHERE SO PROHIBITED, TO LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD.
11. Indemnification
You agree to defend, indemnify, and hold harmless Coderhouse, its affiliates, and their respective directors, officers, employees, and contractors from and against any third-party claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or relating to (a) your User Content, (b) your violation of these Terms, or (c) your violation of any law or the rights of any third party.
12. Dispute Resolution; Binding Arbitration; Class Action Waiver
12.1 Informal Resolution
Before initiating any arbitration or court proceeding, you and Coderhouse agree to try to resolve any dispute informally. The party raising the dispute must send the other party a written notice describing the dispute and the relief sought (in the case of notices to Coderhouse, to [email protected]), and the parties will negotiate in good faith for at least sixty (60) days after the notice is received. Any applicable limitations period will be tolled during this process.
12.2 Agreement to Arbitrate
Except as provided in Section 12.4, any dispute, claim, or controversy arising out of or relating to these Terms or the Services, including enrollment, payments, refunds, grading, or certification (a “Dispute”), will be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect. The arbitration will be conducted by a single arbitrator, in English, and, at your election, by videoconference, on the basis of written submissions, or in person in the county of your residence. Coderhouse will pay all AAA filing, administration, and arbitrator fees in excess of the consumer filing fee established by the AAA rules. The arbitrator may award any individual relief that would be available in court, and judgment on the award may be entered in any court of competent jurisdiction. This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. The arbitrator will have exclusive authority to resolve any dispute regarding the interpretation, applicability, or enforceability of this Section 12, except that a court will decide any dispute regarding Section 12.3.
12.3 Class Action Waiver
YOU AND CODERHOUSE AGREE THAT EACH MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate the claims of more than one person or preside over any form of class or representative proceeding. If this class action waiver is found unenforceable with respect to any claim or request for relief (including any request for public injunctive relief), that claim or request (and only that claim or request) will be severed and decided by a court as provided in Section 12.6, after completion of the individual arbitration. If twenty-five (25) or more similar demands for arbitration are filed against Coderhouse by or with the assistance of the same or coordinated counsel, such demands will be administered in accordance with the AAA’s supplementary rules applicable to mass or multiple case filings.
12.4 Exceptions
Either party may (a) bring an individual claim in small claims court, if the claim qualifies and remains in that court, and (b) seek injunctive or other equitable relief in court to protect its intellectual property rights.
12.5 Right to Opt Out
You may opt out of this agreement to arbitrate by sending written notice to [email protected] within thirty (30) days after you first accept these Terms, stating your name, the email address associated with your account, and your decision to opt out. Opting out will not affect any other provision of these Terms.
12.6 Venue
Any Dispute that is not subject to arbitration will be brought exclusively in the state or federal courts located in the State of Delaware, and you and Coderhouse consent to the personal jurisdiction of those courts, except where applicable law grants you the right to bring the claim in a court located in your county of residence.
13. Changes to these Terms
Coderhouse may amend these Terms from time to time. Coderhouse will post the updated Terms on the Site with a new “Last Updated” date and, in the case of material changes, will notify registered Users by email or through the platform at least thirty (30) days before the changes take effect. Changes will apply prospectively only and will not affect courses already purchased or subscription periods already paid for, and changes to Section 12 will not apply to any Dispute of which Coderhouse had notice before the change took effect. If you do not agree to the amended Terms, you must stop using the Services and may cancel your subscription before the changes take effect. Your continued use of the Services after the effective date constitutes acceptance of the amended Terms.
14. Electronic Communications
By creating an account, you consent to receive communications from Coderhouse electronically, including by email and through the platform, and you agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing. Coderhouse will send marketing text messages or make marketing calls using automated technology only with your prior express written consent, which is not a condition of any purchase.
15. General Provisions
These Terms, together with the Privacy Policy and any specific terms disclosed at the time of purchase, constitute the entire agreement between you and Coderhouse regarding the Services. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect. Coderhouse’s failure to enforce any right or provision will not constitute a waiver. You may not assign these Terms without Coderhouse’s prior written consent; Coderhouse may assign these Terms to an affiliate or in connection with a merger, acquisition, reorganization, or sale of assets. Coderhouse will not be liable for any delay or failure to perform resulting from causes beyond its reasonable control. These Terms are written in English; any translation is provided for convenience only, and the English version will prevail in the event of conflict. Sections 2.6, 3, 4, 9, 10, 11, 12, and 15 will survive any termination of these Terms.
16. Contact; Notice to California Residents
Questions about these Terms may be sent to Coder Holding Corporation at [email protected] or to the address set forth in Section 1.2. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
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