Terms of Service

Please read these Terms of Service (“Terms”) carefully before using the First Step Coding Service. These Terms include First Step Coding’s Privacy Policy, which is incorporated by reference into these Terms.

BINDING AGREEMENT
These Terms constitute a legally binding agreement between you and First Step Coding, Incorporated, and its affiliates and subsidiaries (hereinafter sometimes referred to as “First Step Coding,” “we,” and/or “us”). Please read these Terms carefully before using the First Step Coding Service (defined below). By using the First Step Coding Services, you: (1) acknowledge that you have read and understand these Terms; (2) represent that you are 18 years of age or older and of legal age to enter into a binding agreement, or, if you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the First Step Coding Services; and (3) accept these Terms and agree that you are legally bound by them. If you do not agree to any of these Terms, do not use any of the First Step Coding Services. Your use of the First Step Coding Services manifests your agreement to be bound by these Terms each time you access the First Step Coding Services.

REVISIONS TO TERMS
First Step Coding, in our sole discretion, reserves the right to revise and update these Terms at any time, wholly or partially, by posting an updated version. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of the First Step Coding Service after a change to these Terms constitutes your binding acceptance of these Terms. The terms “post” and “posting,” as used herein, shall mean the act of submitting, uploading, publishing, displaying, or similar action on the First Step Coding Services. If you do not accept these Terms, or their revisions, your sole recourse will be to stop using the First Step Coding Service.

FIRST STEP CODING SERVICE
The First Step Coding Service (“First Step Coding Service”) shall mean and refer to the website located at www.firststepcoding.com, as well as all associated software, applications, and all other services under First Step Coding’s control, whether in part or otherwise, used in connection with the services provided by First Step Coding. The First Step Coding Service provides an online platform to enable you to view information online and through other connected devices about classes, courses, workshops, and other education programs and events offered by First Step Coding (collectively, “Courses”). These Courses are at the intersection of technology, design, and business, and availability of such information resides in First Step Coding’s sole discretion. Together with our members, thought leaders, and seasoned practitioners (collectively, “Instructors”), First Step Coding offers a robust curriculum focused on introductory coding. The First Step Coding Service will also permit the community of users of the First Step Coding Service to engage in discussions and communications with one another and with the Instructors.

SIGN UP FOR A COURSE
You may sign up for a Course using the First Step Coding Service. However, we cannot promise the availability of any Course.

CHAT ROOM SERVICE AND BLOG POST
You may be able to engage in online chat sessions with other users of the First Step Coding Service, including Instructors. You should exercise caution, good sense, and sound judgment when submitting messages to be posted in a chat room. Think – and read twice – before you post anything. Once something is posted online, it may live in perpetuity, and messages posted today could be highly embarrassing or damaging to your credibility or reputation in the future. First Step Coding makes no representations and warranties with respect to the confidentiality of any posts you make through the First Step Coding Service. You are solely responsible for any comments or materials you post in a chat room, and assume all liability arising out of a post. First Step Coding expressly disclaims all liability regarding such posts. If any legal action is taken on First Step Coding as a result of any of your actions, you explicitly agree to indemnify First Step Coding for all costs incurred in the defense of First Step Coding.

INFORMATION YOU PROVIDE TO INSTRUCTORS
Your Instructors may ask for certain information from you, such as your email address, in order to help facilitate the provision of the Course. Instructors are required to use this information only to communicate about Course materials in a professional manner. However, you agree that we are not responsible for any use of this information by an Instructor for other purposes, and First Step Coding disclaims all liability for any action arising out of such other purpose by an Instructor.

THIRD-PARTY SERVICES
We use third-party services to help us provide the First Step Coding Service, but such use does not indicate that we endorse them or are responsible or liable for their actions. The First Step Coding Service may link to third-party websites to facilitate its provision of services to you. If you use these links, you will leave the First Step Coding Service. Some of these third-party websites may use First Step Coding Content (defined below) under license from First Step Coding. First Step Coding is not responsible, in any manner, for these third-party websites, whether or not First Step Coding is affiliated with such third-party websites. Through our use, we do not endorse the organizations sponsoring such third-party websites or their products or services. You agree that First Step Coding is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings you may have on or through a third-party website, or as a result of the presence of any third-party advertising on the First Step Coding Service.

SOCIAL SIGN-ON
The First Step Coding Service may allow you to register and log in using sign-on functionality provided by various social networks, such as Facebook. You agree to abide by the social network’s terms and conditions applicable to you. You are solely responsible for any and all compliance with such social network’s terms, or for any privacy issues that may arise as a result of such functionality and assume all liability for any action arising out of such use.

FEATURING A COURSE OR INSTRUCTOR
First Step Coding may feature a Course or Instructor, but we make no representations about the quality of any Courses or Instructors, nor is this a recommendation of a Course or Instructor. First Step Coding does not guarantee the availability of specific instructors for any class. First Step Coding reserves the right to change instructors, without notice, at any time for any reason.

FEATURING YOUR STUDENT WORK
With your permission, we may promote First Step Coding using the work that you completed as part of completing a Course (“Student Work”), and you grant First Step Coding a nonexclusive license to use your name, in combination with your Student Work, in any and all media, in connection with First Step Coding’s promotional efforts. Our use will be primarily focused on promoting First Step Coding, but First Step Coding reserves the right to use such Student Work as deemed reasonable by us. First Step Coding will include your name and attribute the Student Work to you.

PAYMENTS & COURSES
First Step Coding may charge you fees to attend a Course, the amount of which may be revised by First Step Coding from time to time and vary from region to region, and topic to topic, at First Step Coding’s sole discretion. You agree to pay for all products and services that you purchase through the First Step Coding Service, and you agree that we may charge your selected payment method, either directly, or through the services of a third-party payment processor, for any such payments. Only those payment methods accepted by our third-party payment processor can be used to purchase products, goods, or services through the First Step Coding Service.

THIRD-PARTY PAYMENT PROCESSORS
First Step Coding currently uses third-party payment processors for electronic commerce. Our third-party payment processor accepts payments through methods detailed on the applicable payment screen, which may include various credit cards and PayPal. Information that you supply to our payment processors is not stored by us or within our control, and is subject to each of our third-party payment processors’ own privacy policies and terms and conditions. Third-party payment processors may charge a fee to process payments. First Step Coding is not responsible, in any manner, for any fees charged by them. First Step Coding expressly disclaims all liability or responsibility regarding any problems that you may have with third-party payment processors.

AVAILABILITY OF CERTAIN FORMS OF PAYMENT
First Step Coding makes no representations and warranties about the continued availability of any particular form of payment method made available for use with the First Step Coding Service.
PRE-AUTHORIZATION
When you provide a credit card number to us to activate and/or pay for any fees related to First Step Coding, we, through our third-party payment processor, may seek pre-authorization of your credit card account prior to a purchase in order to verify that the credit card is valid and/or has the necessary funds or credit available to cover your purchase. These pre-authorizations will reduce your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact your card issuer if you have additional questions regarding when an authorization amount will be removed from your statement.

TIMING OF CHARGES
Charges occur within a reasonable time of the transaction, or shortly thereafter, and multiple charges during the same period may be aggregated together.

RECURRING PAYMENT PROGRAM
First Step Coding offers a recurring payment program, which allows you to pay the balance owed for courses in installments. You agree to enroll in this program by selecting any of the installment plan payment options. By enrolling in this plan, you have authorized us to charge your checking/savings account, or credit card, for the amount and at the intervals set forth by us. You can cancel your enrollment in our recurring payment program by notifying us in writing at least 15 days prior to the next billing date of your intent to cancel the authorization. To cancel, please notify us in writing at legal@firststepcoding.com. You are responsible for all recurring charges made prior to the effective date of cancellation.

DISPUTED CHARGES
As previously stated, the First Step Coding Service uses third-parties to process payments. Use of such third-party payment services is subject to their terms and conditions of use. Those third parties may charge fees to process such payments, and First Step Coding is not responsible for any fees charged by them. Again, First Step Coding disclaims all liability with regards to any fees or problems you may have with third-party payment processors.

FEES CHARGED BY THIRD-PARTY PAYMENT PROCESSORS
With your permission, we may promote First Step Coding using the work that you completed as part of completing a Course (“Student Work”), and you grant First Step Coding a nonexclusive license to use your name, in combination with your Student Work, in any and all media, in connection with First Step Coding’s promotional efforts. Our use will be primarily focused on promoting First Step Coding, but First Step Coding reserves the right to use such Student Work as deemed reasonable by us. First Step Coding will include your name and attribute the Student Work to you.

TUITION AND FEES
The total cost of each course is comprised of the tuition fee and a non-refundable application fee of $250. Please note that there is an application fee for each course.

REFUNDS, CANCELLATION AND NO SHOW POLICIES
The total cost of each course is comprised of the tuition fee and a non-refundable application fee of $250. Please note that there is an application fee for each course.

First Step Coding’s cancellation, withdrawal, and refund policies may vary by state. Please review the following general policy, as well as the applicable state specific policy that apply to your campus location. In the event there is any discrepancy between the general policy and the state-specific policy, the state-specific policy will govern.

First Step Coding may provide refunds, determine all rescheduling and cancellation policies, and apply them at our sole discretion. You should contact First Step Coding directly, not Instructors, for any rescheduling or cancellation questions. We reserve the right, but are not obligated, to refund fees paid to us. Our policy for providing refunds, if ever, for any purchases made by you, is set forth in the First Step Coding Refund Policy and is incorporated into these Terms. First Step Coding may modify its refund policy at any time, with or without specific notice to you; provided, however, that the refund policy in effect at the time of any transaction shall apply to such purchase despite any subsequent change in such policy. All refund requests shall be sent by email to finance@firststepcoding.com.

A student in California may request a full refund less fees up until the 1st day of class. After that, students who have completed 60% or less of the class can receive a pro-rated refund. If you have completed more than 60% of the period of attendance for which you were charged, the tuition is considered earned and you will receive no refund. However, please note that there is a non-refundable fee of $250.

A student in New York may request a full refund less fees up until the 1st day of class. After the first day of class, students are entitled to a refund of 75% of the total tuition less fees prior to the third week of the class, 50% refund less fees prior to the 4th week of class, and 25% refund less fees prior to the 5th week of class. After the 5th week of class has commenced, the tuition is considered earned and no refunds are available. There is a non-refundable fee of $250. A week is defined as Sunday to Saturday.

A refund or withdrawal request is effective on the date it is received by First Step Coding. For the purpose of determining the amount of the refund, the effective date of the student’s refund/withdrawal request shall be deemed the date of the withdrawal or refund request. The refund will be calculated based on the total daily institutional charges up to the effective date of the effective date.

REFUNDS: Please allow up to 6 weeks from the date of the request for any refund to be processed.

LATE FEE: If a student holds an outstanding balance after the course end date, a one-time $75 late fee will be applied, as well as a 1.5% interest charge on the total due will be applied each month thereafter.

MAKE-UP CLASS POLICY: We understand that sometimes “things happen.” That is why we allow each student to make-up missed classes through watching recorded content, completing assignments remotely and setting up time with their instructor to review any topics they do not understand. Time with their instructor is still limited to the weekly hour of support provided as a part of the class.

TAXES
First Step Coding will not collect or pay your taxes. “Taxes” shall include, but not by way of limitation, sales, use, value added, or transaction taxes and any other government-imposed fees and charges. You are responsible for determining and paying the appropriate taxes resulting from a transaction occurring through the First Step Coding Service. First Step Coding is not responsible for collecting, reporting, paying, or remitting to you any such taxes, unless required by law.

CURRENCY
We accept U.S. Dollars. Again, you are responsible for all fees associated with using third-party payment processors through the First Step Coding Service.

ACCOUNT CREATION AND USE BY AN AGENT
You agree that if you create an account and use the First Step Coding Service on behalf of a business entity (e.g., corporation), you have the necessary legal authority and capacity to do so as an authorized agent of the business entity. You agree that you have the authority to bind the business entity in legal agreements and contracts. You represent and warrant that the information you provide to First Step Coding upon registration, and at all other times, will be true, accurate, current, and complete. You also represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times.

If you create an account, you are solely responsible for: (1) your log-in credentials; (2) keeping such information secure and accurate; as well as for (3) any activity resulting from the use of your log-in credentials on the First Step Coding Service.

Again, you are responsible for maintaining the confidentiality of your log-in credentials and are fully responsible for all activities that occur through the use of your credentials. You agree to notify us immediately if you believe the confidentiality of your log-in credentials has been compromised, or if you suspect unauthorized use of your account. You agree that First Step Coding will not be liable for any loss or damage arising from unauthorized use of your credentials.

COMMUNICATIONS
First Step Coding may communicate with you by email, texting, phone call or simply posting notice on the First Step Coding Service. You may request that we provide notice of security breaches in writing. You are solely responsible for any and all fees associated with such communications, if any. If you have registered to use the First Step Coding Service, or are registered for a Course, you agree to receive emails, phone calls and/or texts from us based on the information that you provided to us for customer service related purposes.

ELECTRONIC NOTICES
By using the First Step Coding Service, or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the First Step Coding Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the First Step Coding Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at legal@firststepcoding.com.

FIRST STEP CODING’S CONTENT OWNERSHIP AND USE
First Step Coding owns all of the content we create, but you may use it while you use the First Step Coding Service. You cannot use our logo without our explicit written permission. The contents of the First Step Coding Service include, but not by way of limitation: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other First Step Coding content (collectively, “First Step Coding Content”). All First Step Coding Content and the compilation (meaning the collection, arrangement, and assembly) of all First Step Coding Content are the property of First Step Coding, or its licensors, and are protected under copyright, trademark, and other laws.

LICENSE TO YOU
We hereby authorize you, subject to these Terms, a limited, revocable, non-exclusive, non-transferrable, non-assignable, worldwide license to access and use the First Step Coding Service and First Step Coding Content solely for the use of First Step Coding’s services, at our discretion. Any other use is expressly prohibited. This license is revocable by us at any time without notice and with or without cause. Unauthorized use of the First Step Coding Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original First Step Coding Content on any copy that you make of the First Step Coding Content in accordance with these terms. You agree that you will use the First Step Coding Services in compliance with all applicable local, state, federal or international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence.

No First Step Coding Content, or other material made available on or through the First Step Coding Service, may be copied, reproduced, republished, uploaded, posted, transmitted, or otherwise distributed in any way without written permission of the copyright owner unless such content is specifically made available for and authorized to be downloaded from the First Step Coding Service, in which case you are authorized to download a single copy of such materials for your own personal, noncommercial use. For example, certain Course materials may be made available as unprotected PDF files that can be downloaded by registered Course participants and/or other users of the First Step Coding Service. Materials not made available for download may not be downloaded or otherwise copied without prior written permission. Modification of materials obtained from the First Step Coding Service, including, but not limited to, User Content, for any other purpose, including, without limitation, any commercial purpose, is a violation of the copyrights and other proprietary rights of First Step Coding or its licensors, unless you have obtained express written authorization to the contrary.

NO COMMERCIAL USE
No materials obtained from the First Step Coding Service, even if authorized for download from the First Step Coding Service, may be redistributed, nor may they be used for any commercial purpose, without First Step Coding’s prior written permission. Notwithstanding the prior sentence, the use of Course materials by a registered student of a Course for the development of a business, venture, or idea of which the registered student is actively involved as a founder or employee shall not be deemed a commercial purpose, but no additional reproductions may be made of any such materials, either electronically or in hard copy.

ADDITIONAL LICENSES
Certain materials made available for download from or through the First Step Coding Service may be subject to additional or different license terms and conditions, such as terms and conditions set forth in a Creative Commons license. Any such terms and conditions shall be identified in advance for such materials, and by downloading any materials governed by any other license terms and conditions, you hereby agree to be bound by and comply with such terms and conditions.

NO IMPLIED RIGHTS
There are no implied licenses granted in these Terms.

FIRST STEP CODING MARKS
First Step Coding, the First Step Coding logo, and other First Step Coding products and service names are or may be trademarks of First Step Coding (the “First Step Coding Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the First Step Coding Marks.

INTELLECTUAL PROPERTY RIGHTS AND OUR LICENSE TO USE
You, or the people who allow you to use their content, own all of the content you post using the First Step Coding Service. However, by posting content to the First Step Coding Service, you are granting us a license to use your content for any purpose, including in our marketing materials. We may also modify your content, without prior approval from you, to make it work better with the First Step Coding Service. It is very important that you have permission to use other people’s content or they may be able to sue you for violating their legal rights.

YOUR USER CONTENT
The First Step Coding Service may provide you with the ability to create, post, or share content, including messages in chat rooms and Student Work (“Your User Content”). You, or a third-party licensor, as appropriate, retain all intellectual property rights to Your User Content. You are responsible for protecting those rights.

FIRST STEP CODING’S USE OF YOUR USER CONTENT
By creating, posting, or sharing Your User Content, except for Student Work, on or through the First Step Coding Service, and subject to First Step Coding’s Privacy Policy, you grant First Step Coding a perpetual, transferrable, unconditional, unrestricted, sublicenseable, world-wide, non-exclusive, royalty-free license to copy, use, modify, reproduce, remove, publish, upload, distribute, transmit, or display and create derivative works from Your User Content, except for Student Work, for any purpose without compensation to you, including for the purpose of promoting First Step Coding and our services. You waive any rights you may have regarding Your User Content, except for Student Work, being altered or manipulated in any way that may be objectionable to you. We reserve the right to refuse to accept, post, display, or transmit any User Content in our sole discretion. Upon your request, First Step Coding will discontinue this licensed use within a commercially reasonable period after Your User Content is removed from the First Step Coding Service.

If you are an instructor, the license grant above is also applicable to any content you create for the purpose of your Course (such as syllabi, lesson plans, exercises, code, slides or homework) that you post on the First Step Coding Course area of the platforms that First Step Coding uses.

YOU ACQUIRE NO OWNERSHIP OF OTHERS’ CONTENT
You understand and agree that you will not obtain, through use of the First Step Coding Service, any right, title, or interest (including intellectual property rights) in content delivered via the First Step Coding Service.

YOU MUST HAVE RIGHTS TO THE CONTENT YOU POST
You represent and warrant that: (i) you own the content posted by you on or through the First Step Coding Service, or otherwise have the right to grant the license set forth in these Terms; (ii) the posting and use of Your User Content on or through the First Step Coding Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person; and (iii) the posting of Your User Content on the First Step Coding Service does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person as a result of posting Your User Content on the First Step Coding Service. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.

The First Step Coding Service contains content from users and other First Step Coding licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the First Step Coding Service.

MEDIA AUTHORIZATION
You authorize First Step Coding Incorporated (“First Step Coding”) to record you via video tape, video camera, film, photograph or any other medium, now or hereafter existing, and to record your voice, conversation and sounds, including any acts, performances and quotes by you (collectively, the “Recordings”) during your training. You grant First Step Coding the irrevocable right and license to use, and to license others to use, your name and biographical material concerning yourself, and all rights in and to the Recordings, without additional compensation to you, in any manner or medium, whether now known or hereafter developed, throughout the universe and for an unlimited number of times in perpetuity, in connection with the promotion, advertising, sale, publicizing and exploitation of any products, services or programs of First Step Coding or for any other commercial purposes in furtherance of First Step Coding’s business. You waive any right of inspection or approval of the Recording or the uses to which such Recordings may be put. You acknowledge that First Step Coding will rely on this permission and may incur substantial costs thereby, and you hereby agree not to assert any claim of any nature whatsoever against anyone relating to the exercise of the rights and permissions granted hereunder.

COPYRIGHT POLICY
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe, in good faith, that materials posted on the First Step Coding Service infringe your copyright, you (or your agent) may send First Step Coding a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. Please send this notification to legal@firststepcoding.com. The notice must include the following information:

  • The date of your notification;
  • A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
  • Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the First Step Coding Service are covered by a single notification, a representative list of such works);
  • Identification of the specific material alleged to be infringing or the subject of infringing activity and information reasonably sufficient to allow First Step Coding to locate the material on the First Step Coding Service;
  • Your name, address, telephone number, and email address (if available);
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe, in good faith, that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send First Step Coding a counter-notice to 535 Mission St, San Francisco, CA, 94105, USA and all emails should be addressed to legal@firststepcoding.com.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.

If a counter-notice is received by First Step Coding’s copyright agent, First Step Coding may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in First Step Coding’s discretion) be reinstated on the First Step Coding website 10 to 14 business days, or more, after receipt of the counter-notice.

SUGGESTIONS AND SUBMISSIONS
We appreciate hearing from our users and welcome your comments regarding the First Step Coding Service. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (collectively, “Creative Ideas”), we shall: (1) own, exclusively, all now known or later discovered rights to the Creative Ideas; (2) not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Creative Ideas; and (3) be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

USER CONTENT DISCLAIMERS, LIMITATIONS, AND PROHIBITIONS
You are responsible for your actions when using and relying on the First Step Coding Service or content available on the First Step Coding Service, and you are responsible for any consequences thereof. We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by users (“User Content”). You accept that any reliance on material posted by other users or third-party service providers will be at your own risk. By using the First Step Coding Service, you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate. We have no special relationship with or fiduciary duty to you.

You expressly acknowledge and agree that are solely responsible for Your User Content on the First Step Coding Service. First Step Coding does not endorse any, nor is it responsible for, any User Content on the First Step Coding Service. You assume all risks associated with Your User Content, including anyone’s reliance on its quality, accuracy, or reliability, and you agree that you are solely responsible for any consequence that may arise from the posting of Your User Content through the First Step Coding Service. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful, or advocates the violation of any law or regulation.

Do not misuse the First Step Coding Service, try to break it, or steal our hard work or use the First Step Coding Service to post unlawful or harmful content. You agree to use the First Step Coding Service only for its intended purpose. You must use the First Step Coding Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the First Step Coding Service are prohibited. You may not, but not by way of limitation: attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the First Step Coding Service, user accounts, or the technology and equipment supporting the First Step Coding Service; frame or link to the First Step Coding Service without permission; use data mining, robots, or other data gathering devices on or through the First Step Coding Service; post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity; disclose personal information about another person or harass, abuse, or post objectionable or offensive material; sell, transfer, or assign any of your rights to use the First Step Coding Service to a third party without our express written consent; post advertising or marketing links or content, except as specifically allowed by these Terms; use the First Step Coding Service after your account has been terminated, without our consent; use the First Step Coding Service in an illegal way or to commit an illegal act in relation to the First Step Coding Service or that otherwise results in fines, penalties, and other liability to First Step Coding or others; or access the First Step Coding Service from a jurisdiction where it is illegal or unauthorized. We reserve the right, but shall have no obligation, to investigate your use of the First Step Coding Service in order to determine whether a violation of these Terms has occurred, or to comply with any applicable law, regulation, legal process, or governmental request, and take all appropriate action, at our sole discretion.

CONSEQUENCES OF VIOLATING THESE TERMS
We reserve the right to suspend or terminate your account and prevent access to the First Step Coding Service for any reason, at our discretion. We reserve the right to refuse to provide the First Step Coding Service to you in the future.

First Step Coding may review and remove any of Your User Content at any time for any reason, including activity which, in our sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the First Step Coding Service.

You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the First Step Coding Service.

FIRST STEP CODING’S LIABILITY
We are not liable for the actions of our users when they use the First Step Coding Service. We may also change the First Step Coding Service at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view using the First Step Coding Service or other websites.

CHANGES TO THE FIRST STEP CODING SERVICE
We may change, suspend, or discontinue any aspect of the First Step Coding Service at any time, including hours of operation, or availability of the First Step Coding Service, or any other feature, without notice or liability. We also may impose limits on certain features and services, or restrict your access to parts or all of the First Step Coding Services, without notice or liability.

USER DISPUTES
We are not responsible for any disputes or disagreements between you and any third party you interact with while or after using the First Step Coding Service, including POP licensing or relationship authentication. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release First Step Coding of all claims, demands, and damages in disputes among users of the First Step Coding Service. You also agree not to involve us in such disputes. Use caution and common sense when using the First Step Coding Service.

FIRST STEP CODING’S LIABILITY
We are not liable for the actions of our users when they use the First Step Coding Service. We may also change the First Step Coding Service at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view using the First Step Coding Service or other websites.

CONTENT ACCURACY
We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the First Step Coding Service. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the First Step Coding Service. Use the First Step Coding Service at your own risk.

We make no promises and disclaim all liability of specific results from the use of the First Step Coding Service.

THIRD-PARTY WEBSITES
The First Step Coding Service may include links to third-party websites and applications. You are solely responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.

DISCLAIMER OF WARRANTIES
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

RELEASED PARTIES DEFINED. “Released Parties” include First Step Coding and its affiliates, officers, employees, agents, service providers, partners, and licensors.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(A) YOUR USE OF THE FIRST STEP CODING SERVICE IS AT YOUR SOLE RISK, AND THE FIRST STEP CODING SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE FIRST STEP CODING SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;

(B) THE RELEASED PARTIES MAKE NO WARRANTY THAT:
(i) THE FIRST STEP CODING SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE FIRST STEP CODING SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FIRST STEP CODING SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE FIRST STEP CODING SERVICE WILL MEET YOUR EXPECTATIONS, AND
(v) ANY ERRORS IN THE FIRST STEP CODING SERVICE WILL BE CORRECTED; AND

(C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FIRST STEP CODING SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

LIMITATION OF FIRST STEP CODING LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU, OR ANYONE ELSE, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FIRST STEP CODING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE FIRST STEP CODING SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE FIRST STEP CODING SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE FIRST STEP CODING SERVICE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE FIRST STEP CODING SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE FIRST STEP CODING SERVICE OR YOUR USE OF FIRST STEP CODING CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.

INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, actions, liabilities, damages, losses, costs, fees, expenses or demands, including, without limitation, reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any First Step Coding Content, or (iii) any of Your User Content, (iv) your violation of any person’s intellectual property, privacy, publicity or other right, (v) the violation of any applicable laws and/or these Terms by you and/or anyone using your log-in credentials to access and otherwise use the First Step Coding Service (in whole or in part), (vi) the breach of any of your warranties, representations, responsibilities or other obligations set forth in these Terms, and/or (vii) the willful misconduct of you or anyone accessing the First Step Coding Service using your log-in credentials. We shall provide notice to you promptly of any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your use of the First Step Coding Services.

GENERAL TERMS
These Terms constitute the entire agreement between you and First Step Coding concerning your use of the First Step Coding Service. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. This Terms of Use is not assignable, transferable or sublicenseable by you, except with our prior written consent. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.

ARBITRATION, CLASS WAIVER, AND WAIVER OF JURY TRIAL
These Terms and the relationship between you and First Step Coding shall be governed by the laws of the state of California without regard to its conflict of law provisions, regardless of where you live. You and First Step Coding agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the First Step Coding Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in San Francisco, CA. You covenant not to sue First Step Coding in any other forum.

You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the First Step Coding Service or these Terms:

  • YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
  • YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
  • YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.

FIRST STEP CODING IS NOT YOUR ATTORNEY OR FINANCIAL ADVISOR
Do not contact First Step Coding for legal and/or financial advice. You agree and acknowledge that First Step Coding, and its Instructors, are not a law firm and are not authorized to practice law in any jurisdiction. First Step Coding does not give legal advice in any form or practice law in any way and nothing in these Terms shall be construed as such. Any information obtained from or through the First Step Coding Service is for informational purposes only, and you are solely responsible for confirming the accuracy and the appropriateness of such information for your own business or venture with your own tax, financial and legal advisors. First Step Coding, and its Instructors, are not establishing an attorney-client relationship with you through your use or access of the First Step Coding Service.