Terms and Conditions

Hoyt Street Productions, Inc. operates troygrady.com (“Cracking the Code”, or, the “Service”).

Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, our Privacy Policy) and procedures that may be published from time to time by Cracking the Code (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these terms will apply to any upgrades.

Please read these Terms and Conditions (“Terms”) carefully before using the Service. These Terms govern your use of this website and other content, services, and products we provide. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement.

Your Account

If you create an account on troygrady.com, you are responsible for choosing a strong password and keeping it safe, and you are fully responsible for all activities that occur under the account. You must immediately notify us of any unauthorized uses of your account, or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

You must provide accurate information when you create an account on the Service, and you may not use another user’s account without permission. You are accountable for your online actions, behavior, and conduct, and agree to keep any discourse on or related to the Service civil and respectful, as outlined here.

User Content

We may allow you to post, link, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”) as part of the Service.

You always retain ownership of your Content. However by uploading it to our site, you grant us a license to use, copy, reproduce, process, adapt, publish, transmit, host and display that Content for the purpose of (i) providing you the Service and associated support; and (ii) analyzing and improving the operation of the Service. We reserve the right to remove Content that violates these Terms or that we otherwise reasonably believe may create liability.

You are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using the Service, you represent and warrant that your Content and conduct do not violate these Terms.

Payment and Renewal

If you wish to purchase any product or service made available through the Service (“Purchase”), you agree to supply all necessary information relevant to your Purchase. All downloads and physical products we sell are currently handled via Gumroad. By purchasing download products from us, you agree to Gumroad’s own Terms and other applicable policies.

Some of our material is available only to members. We offer both free memberships and paid premium memberships. For all types of memberships, you must create an account on our website.

By subscribing to a premium membership, you agree to pay us the monthly or annual subscription fees indicated for that membership. Payments will be charged on a pre-pay basis on the day you sign up, and will cover the use of that service for a monthly or annual subscription period as indicated.

Unless you notify us before the end of the applicable subscription period that you want to cancel, your subscription will automatically renew. You may cancel your subscription, or switch to a new one (upgrade or downgrade), at any time.

You can read about our returns and refund policy here.

Responsibility of Visitors

We have not reviewed, and cannot review, all of the material, including computer software, posted to our Service, and cannot therefore be responsible for that material’s content, use or effects. By operating our Service, we do not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Cracking the Code disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.

Intellectual Property

This Agreement does not transfer from Cracking the Code to you any intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with us.

Our website, logo videos, tabs, and any other visuals and content we create constitute our intellectual property and are protected by copyright laws. Any feedback, comments, or suggestions you may provide regarding our website and content is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you. Your use of our Services grants you no right or license to reproduce or otherwise use any Cracking the Code or third-party trademarks.

We respect the intellectual property rights of others and we expect our users to do the same. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported to us directly.

Termination

Your account on troygrady.com (or your access to the Service, if you don’t have an account on the website) can be terminated at our discretion, with or without cause, with or without notice, effective immediately.

You are free to stop using our Service at any time. We also reserve the right to suspend or end the Service at any time at our discretion and without notice. We may also terminate or suspend your access to the Service at any time if you are not complying with these Terms or our Acceptable Use Policy or if you are using the Service in a manner that we believe may cause us financial or legal liability.

All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Modifications to the Service

The Service may be modified from time to time, often without prior notice to you. Your continued use of the Service constitutes your acceptance of such modifications. If you are not satisfied with a modification we make to the Service, your sole remedy is to terminate your use of the Service.

General Representation and Warranty

You represent and warrant that (i) your use of our Services will be in strict accordance with our Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Cracking the Code and its licensees, licensors, contractors, and their employees, contractors, agents, officers and directors, from and against any and all claims and expenses, including but not limited to attorneys’ fees, arising from your use of the Service, including but not limited to your violation of this Agreement.

No Warranty

Our Services are provided “as is.” Cracking the Code and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Cracking the Code nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

Limitation of Liability

In no event will Cracking the Code, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Cracking the Code under this agreement during the twelve (12) month period prior to the cause of action. Cracking the Code shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Miscellaneous

This Agreement constitutes the entire agreement between Cracking the Code and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Cracking the Code, or by the posting by Cracking the Code of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of New York, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in New York. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in New York City, NY, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Cracking the Code may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Changes to These Terms

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on our blog, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

Contact Us

For questions about these or any Cracking the Code terms or policies, please send an email to Cracking the Code Support, and we’ll respond as soon as possible.

This document is made available under a Creative Commons BY-SA License. Thanks to Automattic and Discourse for their examples.

LAST UPDATED: July 12, 2016