LEARN.CO TERMS OF SERVICE

These Learn.co Terms of Use (“Terms”) govern the use of Flatiron School, Inc.’s (“Flatiron”) website, Learn.co, located at https://learn.co, information, text, curricula, apps and software, as well as all other products and services provided by Flatiron through the Learn.co website (collectively, the “Services”).

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. THESE TERMS CONTAIN IMPORTANT INFORMATION AND LIMITATIONS REGARDING YOUR LEGAL RIGHTS, INCLUDING, WITHOUT LIMITATION, A MANDATORY ARBITRATION CLAUSE AND A WAIVER OF CLAIMS, INCLUDING CLASS ACTION CLAIMS. BY ACCESSING AND USING THE SERVICES, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT UNDERSTAND THESE TERMS, DO NOT AGREE TO BE BOUND BY THESE TERMS, OR ARE NOT LEGALLY QUALIFIED TO ENTER INTO CONTRACTS, YOU MUST NOT USE THE SERVICES AND MUST LEAVE THE WEBSITE.

These Terms are subject to change. If you continue to access and use the Services after these Terms change, you agree to be bound by such changes. Flatiron will take reasonable steps to notify Users (defined below) of any changes to these Terms. However, Users are responsible for regularly reviewing the Terms. Please check these Terms for changes periodically.

Please note that certain Services will have additional terms and conditions (e.g., pricing and payment terms) that apply solely to those particular Services (“Supplemental Terms”). These Supplemental Terms, which are disclosed on the landing page (or product page) for the applicable Service (and/or at the point of sale and on the electronic credit card authorization form), are hereby expressly incorporated into these Terms and, in the event of a conflict, prevail over these Terms. You must also agree to such Supplemental Terms before you will be permitted to access and use such Services.

Certain Services are provided for a fee or other charge. If you elect to use paid Services, you agree to the pricing and payment terms and any other Supplemental Terms associated with those paid Services. Flatiron may also add new Services for additional fees and charges, or amend fees and charges for existing Services. Always carefully review terms and conditions set forth in these Terms and on the relevant product page, at the point of sale, and on any electronic credit card authorization form prior to signing up for any Services.

You must be of legal age to form a binding contract to accept these Terms. A parent or a legal guardian must accept these Terms on behalf of a minor (anyone under 18 years of age). Any use of or access to the Services by anyone under the age of 13 is strictly prohibited.

These Terms apply to all Users of the Services. For purposes of these Terms, “Users” include anyone who browses the Services, registers with GitHub for an ID and password to use and access the Services, and anyone who visits, accesses and/or uses the Services through any means.

Privacy

Your privacy is important to Flatiron. By accessing and using the Services, you agree to the collection, use, storage, and disclosure of your personal information as set forth in our Privacy Policy. The Privacy Policy explains how we treat your personal data and is incorporated into these Terms by reference. Please read the Privacy Policy carefully.

Your Account

In order to use Learn.co, you must have a free GitHub account. GitHub is not affiliated with Flatiron and has its own Terms of Service and Privacy Policy. You are required to read the GitHub Terms of Service and Privacy Policy prior to creating an account on their platform. By connecting to Learn.co with your GitHub credentials, you give Flatiron permission to access and use your information from GitHub, as permitted by GitHub. You are solely responsible for the security of your GitHub account and for keeping your login credentials and password safe. You understand and agree that all information provided by you must be accurate, current and complete and that you will maintain and update your information as needed. You are solely responsible for the activity that occurs on your account and for monitoring your account for any breach of security or unauthorized use. You must notify Flatiron immediately of any breach of security or unauthorized use of your account.

Certain aspects of the Services may allow you to store data, such as your projects, research, notes, homework, code, images, etc., on Flatiron’s servers. You acknowledge and agree that your storage of any data on Flatiron’s servers is at your sole risk. You acknowledge that you do not own the account you use to access the Services and that you do not possess any rights of access or rights to data stored by you or on your behalf by Flatiron on its servers. We encourage you to back up any data you deem valuable outside the Flatiron servers. All data on Flatiron’s servers are subject to deletion, alteration or transfer.

NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, ACCOUNT HISTORY AND ACCOUNT CONTENT RESIDING ON FLATIRON’S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN FLATIRON’S SOLE DISCRETION, WITH OR WITHOUT NOTICE. FLATIRON DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON FLATIRON’S SERVERS.

User Conduct Policy

Flatiron respects free speech and expression. However, we want to make sure that all of our Users feel safe and comfortable while using our Services. While we do not routinely screen or monitor User content, we reserve the right to do so. We may remove or edit inappropriate content or activity, or suspend, disable, or terminate a User’s access to all or part of the Services.

As a condition of accessing the Services, you agree that you will review and abide by the Learn.co Code of Conduct, available here, which is hereby expressly incorporated into these Terms. Additionally, you agree that you will not, directly or indirectly: (a) intimidate, threaten, or harass any other Users; (b) reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of the Services other than as expressly allowed under these Terms; (c) use Flatiron's name, trademarks, service marks, or other materials in connection with, or to transmit, any unsolicited communications or emails; (d) use any high volume, automated, or electronic means to access the Services (including without limitation robots, spiders or scripts); (e) frame the Services, place pop-up windows over its pages, or otherwise affect the display of its pages; (f) falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym or misrepresenting your affiliations with a person or entity, past or present; (g) force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; and/or (h) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.

In addition, you agree that you will not, directly or indirectly, post, upload, or transmit to or otherwise make available through the Services any content, communications, or other information (collectively, "Unauthorized Content") that: (a) is obscene, fraudulent, pornographic, indecent, or libelous or that defames, abuses, threatens, harasses, or discriminates against others; (b) contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (c) you do not have the right to disclose or make available under applicable law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (d) consists of any high volume, automated, or electronic means to access the Services (including without limitation robots, spiders or scripts); (e) infringes the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party; (f) violates the rights of other Users of the Services; and/or (g) violates any applicable local, state, national or international law, code, regulation or rule, or otherwise advocates or encourages any illegal activity.

You also agree that you will not cheat on any assignments, quizzes or exams, or share solutions to any such assignments, quizzes or exams with other Users. You further agree that you will notify Flatiron immediately if you become aware of any other User cheating or otherwise breaching or violating these Terms.

Flatiron's Intellectual Property Rights

All Services (and related materials) are owned and operated by Flatiron. Flatiron reserves the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Services, or any part of portion thereof, with or without notice to you. Subject to any applicable refund policy, you agree that Flatiron shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services, or any portion thereof. Nothing in these Terms shall be construed to obligate Flatiron to maintain and support the Services, or any part or portion thereof.

All content or other materials that constitute, or are available through, the Services, including but not limited to on-line lectures, speeches, video lessons, quizzes, presentation materials, work assignments, programming assignments, programs, code, other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files (collectively, the "Content"), are the property of Flatiron and/or its affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights under United States and foreign law. Use of Flatiron’s Content for any purpose not expressly permitted by these Terms is strictly prohibited.

Flatiron logos, trademarks and service marks which may appear on the Services ("Marks"), are the property of Flatiron and are protected under United States and foreign laws. All other trademarks, service marks and logos used through the Services, with or without attribution, are the trademarks, service marks or logos of their respective owners. In addition, elements of the Services are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of Flatiron.

Except as otherwise expressly permitted in these Terms, you may not copy, sell, display, reproduce, publish, modify, create derivative works from, transfer, distribute or otherwise commercially exploit in any manner the Services, Learn.co website, or any Content. You may not reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used to operate the Services. From time to time, Flatiron may include software, code, instructions, or other such information in the Content or materials for the Services; any such information is provided on an "as-is" basis for instructional purposes only and is subject to the Disclaimer of Warranties and Limitation of Liability sections below and other terms herein. Any use of such information for commercial purposes is strictly prohibited. Flatiron and/or its affiliates and licensors reserve all rights not expressly granted herein to the Services, Learn.co website, any Content, and Marks.

You may choose to submit comments, feedback or ideas (“Feedback”) about the Services, including without limitation about how to improve the Services. By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restrictions and will not place Flatiron under any fiduciary or other obligations, and that Flatiron is free to use the Feedback without any compensation to you, and/or to disclose Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your Feedback, Flatiron does not waive any rights to use similar or related Feedback previously known to Flatiron, or developed by its employees, or obtained from sources other than you.

License to Use the Services

Subject to your compliance with these Terms, Flatiron hereby grants you a freely revocable, worldwide, non-exclusive, non-transferable, non-sublicensable limited right and license (a) to access, use and display the Services, including the Educational Content (defined in the section below), at your location solely for your personal, noncommercial use and as permitted hereunder, and (b) to download the Educational Content so that you may exercise the rights granted to you under the section entitled "Creative Commons License" below. You must abide by all copyright notices or restrictions contained on the Services or the Educational Content. You may not delete any attributions or legal or proprietary notices on the Services or the Educational Content.

Creative Commons License

Flatiron hereby grants you a license in and to the Educational Content under the terms of the Creative Commons Attribution-NonCommercial-ShareAlike License (http://creativecommons.org/licenses/by-nc-sa/4.0/) (the "CC License"). As used herein, "Educational Content" means the educational materials made available to you through the Learn.co website, including on-line lectures, speeches, video lessons, quizzes, presentation materials, homework assignments, programming assignments, code samples, and other educational materials and tools, but, in any event, specifically excluding any proprietary Flatiron materials. The Educational Content may only be used for non-commercial purposes and Users may not sell, profit from, or commercialize Flatiron Educational Content or works derived from it. You are free to make derivative works, as long as you give Flatiron attribution. If you distribute your derivate works, you must license your works under the same terms as the original Flatiron CC License.

Copyright Policy and Digital Millennium Copyright Act

Flatiron respects the intellectual property rights of others, and we expect Users of the Services to do the same. Flatiron will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to Flatiron. If you believe that your product or other work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Flatiron with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the product, copyright or other intellectual property interest; (b) a description of the product, work or other intellectual property that you claim has been misrepresented or infringed; (c) a description of where the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located on the Services; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the product, work, copyright or intellectual property, or its agent, or applicable law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the product, work, copyright or intellectual property owner or authorized to act on such owner's behalf.

Flatiron's Copyright Agent for notices (and counter-notices) of disputes or claims of copyright or other intellectual property infringement can be reached as follows:

Flatiron School Inc.
Attn: DMCA agent
11 Broadway, Suite 215
New York, NY 10004
Phone: (347) 729-7911

Flatiron reserves the right to remove content alleged to be infringing without prior notice, at its sole discretion, and without liability. In appropriate circumstances, Flatiron will also terminate a User’s account if the User is determined to be an infringer.

User Content-Management; License Grant; Representations and Warranties

Flatiron may now, or in the future, permit and provide you with the ability to upload files, User posts and discussions, profile pages, and other content and media for social interaction, or certain information, text, graphics, notes, questions, comments, images, videos or other communications and materials (collectively, "User Content"). Whether or not such User Content is published, Flatiron does not guarantee any confidentiality with respect to any submissions.

Flatiron has no obligation to monitor User Content or other materials, but Flatiron reserves the right to remove any User Content at any time and for any reason. Flatiron also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to User support requests, or (e) protect the rights, property or safety of Flatiron, its Users and the public.

You are responsible for evaluating all User Content including for accuracy, completeness, reliability and appropriateness, and bear all risk of using such User Content. You are solely responsible for your User Content and the consequences of posting or publishing it. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate, or otherwise unsuited to your purpose. Flatiron will not be liable for any damages that may result from the submission or use of any User Content by you or another User. Flatiron may, but is not obligated to, monitor or review any Services and User Content where Users communicate solely with other Users, including but not limited to chat rooms, live chats, bulletin boards, message boards or other User forums, and the content of any such communications. You assume the risk of such communications, and Flatiron has no liability related to the content or use of any such communications.

Flatiron does not claim ownership of any User Content you may submit or make available through its Services. Accordingly, subject to the license granted to Flatiron in these Terms, a User will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content.

With respect to any User Content you submit to Flatiron, or that is otherwise made available to Flatiron, you hereby grant Flatiron an irrevocable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, reproduce, publish, modify, translate, adapt, publicly perform, publicly display and make derivative works of all such User Content through the Services or otherwise exploit the User Content and your name, personal information, voice, and/or likeness as contained in your User Content, in whole or in part, with the right to sublicense such rights (to multiple tiers), for any purpose (including for any commercial purpose) in any media channels (now known or hereafter developed). In addition, by submitting or distributing User Content through the Services, you hereby grant to each User of the Services a non-exclusive royalty-free license to access and use your User Content.

You are solely responsible for User Content you post to the Services and the consequences of posting or publishing such User Content. To the extent that you provide any User Content, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit Flatiron to use such User Content as provided above, (b) such User Content is accurate and reasonably complete, (c) as between you and Flatiron, you shall be responsible for the payment of any third party fees related to the provision and use of such User Content, (d) such User Content does not and will not infringe or misappropriate any third party rights, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or constitute a fraudulent statement or misrepresentation or unfair business practices, (e) such User Content does not and will not slander, defame, libel, or invade the right of privacy, publicity, or other property right of any other person, and (f) such User Content does not contain any viruses, adware, spyware, worms, or other malicious code.

With respect to any submissions of User Content, you agree to comply with all applicable federal, state, local and foreign treaties, laws, codes, regulations and rules including but not limited to such treaties, laws, codes, regulations and rules regarding online conduct and acceptable content. Among other things, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Whether you terminate your account, or Flatiron removes or deletes your account, the User Content or the third-party links submitted by you may remain on Flatiron’s servers, at Flatiron’s discretion, and may be used by Flatiron or other Users of the Services.

Links

The Services may contain links to third-party websites or resources, and those links may contain content or offer products and/or services for sale. The third-party links do not create or imply any relationship or partnership between Flatiron and the operators of such linked websites. Flatiron does not author, edit, control, or monitor these links. You acknowledge and agree that Flatiron is not responsible or liable for: (a) the availability or accuracy of such websites or resources; (b) the content, products, or services on or available from such websites or resources; or (c) the protection of the privacy of personal information on such websites or resources. Links to such websites or resources do not imply any endorsement by Flatiron of such websites or resources or the content, products, or services available from such websites or resources. Flatiron may remove such links at any time for any reason or for no reason. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. You also understand that these Terms and Flatiron’s Privacy Policy do not apply to any third-party websites, and each third-party site has its own terms of use and privacy policy completely independent from Flatiron.

FLATIRON WILL NOT BE LIABLE FOR ANY TRANSACTIONS CONDUCTED BY YOU WITH THIRD PARTIES THROUGH THE LINKED SITES OR FOR ANY DAMAGES ARISING FROM THE REPRESENTATIONS OR INFORMATION PROVIDED ON SUCH LINKED SITES.

Users may include links to third-party websites in User Content as long as the content of such websites does not violate these Terms. You acknowledge sole responsibility and assume all risk by clicking on such links. Flatiron is not responsible for the availability or the content of linked websites, including the advertising, products or other material thereon.

You may provide links to the Learn.co website on your own website, provided that (a) you do not remove or obscure, by framing or otherwise, the copyright, trademark, or service mark notices or other notices on the site, (b) your site does not engage in activities that are illegal, threatening, harassing, pornographic, or in any way discriminatory or disparaging based on race, religion, national origin, gender, age, disability, or any other category protected by applicable law, and (c) you agree that you will discontinue providing links to the site immediately upon request by us.

Services Availability and Limitations

You acknowledge and agree that Flatiron Services, whether paid or free, are not available at all times, and that certain usage limits may apply. You also acknowledge and agree that Flatiron, in its sole discretion, may, permanently or temporarily, limit, suspend, or terminate your access to and use of the Services and/or your user account, with or without prior notice. Flatiron may modify or discontinue all or part of the Services at its sole discretion.

The Services are controlled and operated from facilities in the United States. Flatiron makes no representation that the Services are appropriate or available for Users in other locations. Unless otherwise explicitly stated, all Services are solely directed to individuals, companies, or other entities located in the United States.

Payment Terms For Paid Services

As noted above, certain Services offered by Flatiron through the Learn.co platform are offered for a fee or other charge (such as tuition). In the event that you choose to participate in a paid Service, in addition to any other Supplemental Terms of such paid Service (for example, on the product page, at the point of sale, in any payment plan agreement with Flatiron, or when authorizing the credit card transaction), the following payment terms will apply.

Paid Services offered by Flatiron through the Learn.co platform include the Flatiron School Online Web Developer Program (the “Online Web Developer Program”), the Community Powered Bootcamp (the “Community Powered Bootcamp”) and certificate courses (“Certificate Courses”). Certificate Courses will be identified as such on the relevant product page for each such course. (Flatiron may offer certain other courses for no charge (“Free Courses”). Free Courses will be identified as such on the relevant product page for each such course.)

Certain paid Services may have more than one payment plan. For instance, with respect to the Online Web Developer Program, Flatiron offers the choice of a monthly payment plan (the “Monthly Plan”) or, if the student is eligible for, and obtains, a loan from an approved third-party lender, a fixed fee plan (the “Fixed Plan”). For the Monthly Plan, credit cards are the only acceptable method of payment. With respect to the Fixed Plan, the deposit may be paid via direct pay or via credit card, and remaining payment(s) will be arranged via the third-party lender.

If the paid Service (or payment plan) that you select requires payment via credit card or if you choose to make a payment via credit card (for instance, if you select the Fixed Plan for the Online Web Developer Program and choose to pay your deposit via credit card), you must complete an online credit card authorization form. The first payment is due upon enrollment in the given paid Service. If the paid Service you selected requires monthly payments (for instance, the Community Powered Bootcamp, or the Online Web Developer Program, with the Monthly Plan payment option), subsequent payments will automatically be charged to your credit card on file on a monthly basis thereafter.

By enrolling in the Community Powered Bootcamp or in the Online Web Developer Program (and selecting the Monthly Plan payment option), you authorize Flatiron to automatically charge the credit card listed on your credit card authorization form for the full tuition or fee amount each applicable pay period. The recurring payment authority will remain in effect until you either complete, reach your payment cap, withdraw from, or are terminated from the Community Powered Bootcamp or Online Web Developer Program. If you complete, withdraw from, or are terminated from the Community Powered Bootcamp or Online Web Developer Program after the first day of the applicable pay period, you will still be charged for the applicable pay period, subject to any refund owing pursuant to the Refund Policy below.

Enrollment in a Certificate Course is accomplished by providing your credit card information. As described in the Refund Policy section below, Certificate Courses include a 3-day money back guarantee. By providing your credit card information when enrolling in a Certificate Course, you agree that Flatiron may obtain a temporary authorization or pre-authorization for the full price of the Certificate Course (less any applicable discounts), which you will be automatically charged if you do not withdraw from the Certificate Course before the 3-day trial period concludes. (Although it is not a charge, please note that it is possible that some financial institutions may label the pre-authorization as a pending charge.) YOU MUST WITHDRAW FROM THE APPLICABLE CERTIFICATE COURSE BEFORE THE 3-DAY TRIAL PERIOD CONCLUDES (IN THE MANNER PROVIDED FOR IN THE REFUND POLICY SECTION BELOW) TO AVOID BEING CHARGED. If you do withdraw from a Certificate Course before the 3-day trial period concludes and are inadvertently charged, please contact us at accounting@flatironschool.com.

In the event that your access to and use of any paid Services is terminated by Flatiron for any reason other than your breach of these Terms or other misconduct after you have commenced but before you have completed any program or course constituting such paid Service, subject to the Refund Policy below, Flatiron retains the discretion to either: (i) allow your user account to remain active for an additional six (6) months following the date of notice of termination of your user account, or (ii) provide you with a full or partial refund of all tuition or other payments made to Flatiron for such paid Service, pursuant to the Refund Policy below.

You expressly acknowledge, represent and warrant that you are the legal card holder of the credit card listed in your user account and on your credit card authorization form (or, if you are not the legal card holder, that the legal card holder has authorized the required charges) and that neither you nor the legal card holder will dispute the payments with your credit card company, provided that transactions correspond to the terms indicated in the credit card authorization form and in these Terms. You also agree to promptly notify Flatiron of any changes in the card holder’s payment information by updating the relevant section(s) of your user account at least 15 days prior to the next billing date. Declined payment(s) may result in your termination from the applicable paid Service and forfeiture of eligibility for any applicable Career Counseling (defined below) and Job-Offer Guarantee (defined below) that may be offered under such paid Service.

If a recurring payment for the Community Powered Bootcamp or the Online Web Developer Program (with the Monthly Plan payment option) is declined, you will have a 10-day grace period to correct the problem and make the payment. If the payment is not received by the end of the 10-day grace period, your enrollment in the applicable paid Service may be terminated and, with respect to the Online Web Developer Program, you will then be disqualified from eligibility for any Career Counseling (defined below) and/or Job-Offer Guarantee (defined below).

You understand and agree that Flatiron will not mail you any invoices or bills and will not provide a notification prior to the periodic (e.g., monthly) charge (if applicable).

Please note that Flatiron reserves the right to change pricing terms on a prospective basis with respect to any of its paid Services at any time. In the event that Flatiron raises a price with respect to a given paid Service, and you have selected a paid Service requiring periodic payments, or if you have selected a periodic payment option (e.g., the Monthly Plan for the Online Web Developer Program), and commenced a program under that paid Service before the effective date of that price increase, Flatiron will honor the original price for such User.

Promotional Discounts For Paid Services

Flatiron may, from time to time, offer promotional discounts or rewards programs (for example, Karma points) for some or all of its products or paid Services. Supplemental Terms may apply to such promotional discount offers or rewards programs. Where applicable, such Supplemental Terms are disclosed on the landing page for the applicable promotional discount offer or rewards program, and are hereby expressly incorporated into these Terms. In the event of a conflict, such Supplemental Terms shall prevail over these Terms.

Flatiron reserves the right to terminate, discontinue or cancel any promotional discount offers or rewards programs at any time, with or without notice. Flatiron further reserves the right to suspend or terminate your participation in any rewards program, with or without notice, in the event that Flatiron determines, in its sole discretion, that you have violated these Terms, or that your use of or participation in the applicable rewards program is or was unauthorized, deceptive, fraudulent or otherwise unlawful. Any points (e.g., Karma points), rewards or benefits that you may earn under any promotional discount offer or rewards program are personal to you and may not be sold, transferred or assigned to or shared with family, friends or others, or used by you for any commercial purpose.

With respect to promotional discounts, where applicable, the User will automatically receive the published discount amount when signing up via a link that corresponds to the promotional discount. Unless expressly stated otherwise, Users will be limited to one discount per purchase. In the event that a User attempts to apply more than one discount to a single purchase, Flatiron will use only the largest of the applied discounts at the time of the purchase. All applicable cancellation and refund policies will apply. Flatiron will not honor discounts after payments have been made and will not make retroactive adjustments. Total discounts received cannot exceed the total cost of the products or Services purchased. Please note that, where specified, certain discounts may be applicable only to one paid Service, and in such cases will not be applicable to other paid Services.

User Accounts (And Technical Tracks) For Paid Services

Certain paid Services offered by Flatiron through the Learn.co platform may require you to create a user account and/or to start a free self-driven technical track (a "Technical Track"), in order to receive an invitation to apply to the applicable paid Service.

All information in your user account must be accurate, current, and complete, and you must maintain and update your information as needed. You understand and agree that if any information provided by you is inaccurate, not current, or incomplete, Flatiron has a right to suspend and/or terminate your user account and your enrollment in the paid Service.

You also understand and agree that if you provide inaccurate, untruthful or not current information in such user account, in addition to your user account and participation in the paid Service being terminated, you may be disqualified from eligibility for any Career Counseling (defined below) and/or Job-Offer Guarantee (defined below) which might otherwise be available to you.

You are solely responsible for the security of your account and must keep your login credentials and your password safe. You must monitor all activity on your account, including any breach of security or unauthorized use. Flatiron is not liable for any loss that may occur as a result of any such account security breach or unauthorized use. If you become aware of any unauthorized use of your account and/or security breach, you must immediately notify Flatiron at support@flatironschool.com

Applications and Admission For Paid Services

Certain paid Services offered by Flatiron through the Learn.co platform may require you to fill out an online application. The application may consist of, among other things: (1) your LinkedIn profile; (2) basic biographical details like phone number and address; (3) your written answer to a long-form question; (4) your video answer to an application question and (5) your program selection.

All answers to the questions on any such application must be your original work and must not infringe upon the copyright, trademarks, rights of privacy, or other intellectual property or other rights of any person and must not violate the law. Your application and written and video responses become the exclusive property of Flatiron and will not be returned. All parts of the application must be completed in full and submitted together. Incomplete applications and applications that are submitted in piecemeal fashion will not be considered.

Where applicable, Flatiron will review and respond to each fully submitted application, typically within 48 hours of submission. You will be notified of your admission or rejection to the applicable paid Service via the e-mail address provided by you in your user account. If admitted to the applicable paid Service, you will have the opportunity to enroll, which will require you to provide payment.

Refund Policy (For Withdrawal or Termination)

Under certain conditions, you may be eligible for a full or partial refund of tuition payments.

Certain paid Services offered by Flatiron through the Learn.co platform (such as the Community Powered Bootcamp and the Online Web Developer Program) provide for a 14-day money back guarantee. Certain other paid Services (such as Certificate Courses) provide for a 3-day money back guarantee. In the event that you purchase a paid Service that includes a 14-day money back guarantee or a 3-day money back guarantee, the following terms and conditions shall apply (as modified and/or supplemented by any Supplemental Terms).

During the applicable 14-day or 3-day trial period, you may further assess the paid Service’s suitability for you (e.g., workload, difficulty of the coursework and the time and effort you need to put in to succeed in the program). If you decide that the program is not the right fit for you, you can withdraw from the program within the applicable 14-day or 3-day period following your enrollment in the paid Service. Then, to the extent that you have paid any fee for the first pay period, you will be eligible to receive a refund of any fee paid for the first pay period (e.g., with respect to a paid Service charging monthly tuition, tuition for the first month).

To receive such a refund, you must -- in addition to terminating your credit card authorization on Learn.co (if applicable) -- submit to Flatiron within the applicable 14-day or 3-day trial period a written refund request, sent to accounting@flatironschool.com, stating that you are withdrawing from the applicable paid Service during the applicable 14-day or 3-day trial period and are requesting a refund of fees paid during the first pay period. All refunds (to the extent you have made any payments) will be issued within 30 days after receipt of your timely notice of withdrawal.

In addition to the 14-day money back guarantee described above, the following refund policy applies to the Online Web Developer Program. In the event that you withdraw or are terminated from the Online Web Developer Program at any point after 14 days after your enrollment, and have selected the Monthly Plan payment option, tuition payments made for the Online Web Developer Program pursuant to the Monthly Plan payment option are not subject to pro rata refunds. In the event that you withdraw or are terminated from the Online Web Developer Program at any point after 14 days after your enrollment, and have selected the Fixed Plan payment option, tuition payments made for the Online Web Developer Program pursuant to the Fixed Plan payment option are subject to pro rata refunds in accordance with the following table:

Percentage of Lessons CompletedNumber of Lessons Left to Complete*Refunded Amount**
10% (or less)612 (or more)100% ($12,000)
10%-19.99%544-61190% ($10,800)
20%-29.99%476-54380% ($9,600)
30%-39.99%408-47570% ($8,400)
40%-49.99%340-40760% ($7,200)
50%-59.99%272-33950% ($6,000)
60%-69.99%204-27140% ($4,800)
70%-79.99%136-20330% ($3,600)
80%-89.99%68-13520% ($2,400)
90%-99.99%1-6710% ($1,200)
100%00% ($0)

* The pro rata refund calculation in this table is based on the total of 680 lessons, or units, in the Online Web Developer Program curriculum.

** The refunded amount is based on a total tuition amount of $12,000 (which may or may not reflect the total tuition for the Online Web Developer Program at the time you enroll) and does not take into account any discounts or other adjustments. The dollar amount of the refund payable under this policy will be calculated based on the total amount paid, net of any discounts.

In addition to the 3-day money back guarantee described above, the following refund policy applies to Certificate Courses. In the event that you withdraw or are terminated from a Certificate Course at any point after 3 days after your enrollment, tuition payments made for the Certificate Course are subject to pro rata refunds in accordance with the following table:

Percentage of Course CompletedRefunded Amount*
10% (or less)100% ($1,200)
10%-19.99%90% ($1,080)
20%-29.99%80% ($960)
30%-39.99%70% ($840)
40%-49.99%60% ($720)
50%-59.99%50% ($600)
60%-69.99%40% ($480)
70%-79.99%30% ($360)
80%-89.99%20% ($240)
90%-99.99%10% ($120)
100%0% ($0)

* The refunded amount is based on a total tuition amount of $1,200, (which may or may not reflect to total tuition amount for a given Certificate Course at the time you enroll), and does not take into account any discounts or other adjustments. The dollar amount of the refund payable under this policy will be calculated based on the total amount actually paid, net of any discounts.

With respect to the pro rata refund policies described above applicable to the Online Web Developer Program and to any Certificate Course, any lessons or coursework completed during the applicable 14-day or 3-day trial period will be included in the calculation of lessons or coursework completed for purposes of determining the appropriate pro rata discount.

Withdrawal from the applicable paid Service is effective when you provide written notice of your withdrawal via e-mail to accounting@flatironschool.com, stating your intention to withdraw from the applicable paid Service.

Subject to the terms outlined in the Financial Assistance section below, all refunds will be paid within 30 days of withdrawal or termination from the applicable paid Service.

Financial Assistance

Flatiron does not participate in any federal or state financial aid programs. Private financing options for certain paid Services may be available to eligible students through independent, private funding sources.

If you are eligible to receive a loan through a third-party lender for the Online Web Developer Program, you may select the Fixed Plan payment option (with financing). Additional details about these private financing options are available at the websites of third-party financing partners such as Pave and Skills Fund.

If you select the Fixed Plan payment option (with financing), you are required to apply for a loan within seven days of being admitted to the Online Web Developer Program. For borrowers who elect to obtain financing and receive proceeds of their loan directly from the lender, they must forward to Flatiron the proceeds of the loan to be applied towards tuition within 10 days of receiving such loan proceeds.

If you receive a loan to pay for a paid Service, you will be responsible to pay the full amount of any loan, including interest (less the amount of any refund, if applicable), even if you withdraw or are terminated from the paid Service.

If you receive a loan from a third-party lender to pay for a paid Service and subsequently become entitled to a refund for any reason (including pursuant to the Refund Policy above or pursuant to the Job-Offer Guarantee below), refund proceeds will first be applied to pay down any amount owing on the loan, with the excess, if any, then returned to you.

Career Counseling and Job-Offer Guarantee For Paid Services

Because Flatiron is committed to seeing you receive a job offer in software development, certain paid Services offered by Flatiron through the Learn.co platform include job search assistance (“Career Counseling”) and/or a tuition refund (“Job-Offer Guarantee”). A Service that includes Career Counseling is hereafter referred to as a “Career Counseling Qualifying Program,” and a Service that includes a Job-Offer Guarantee is hereafter referred to as a “Job-Offer Guarantee Qualifying Program.”

Please note that certain Services may provide both Career Counseling and a Job-Offer Guarantee, while others (for example, the Community Powered Bootcamp) may not. Please consult the product page for the applicable Service; for example, the Online Web Developer Program and the Certificate Courses, including HTML & CSS: Building Responsive Websites, Ruby: Building Command Line Applications and Javascript: Creating Interactive Websites for further information regarding whether such Service includes the Job-Offer Guarantee, Career Counseling, neither, or both.

In the event that you purchase a paid Service that provides for Career Counseling and/or the Job-Offer Guarantee the following Career Counseling and/or Job-Offer Guarantee terms and conditions shall apply (as modified and/or supplemented by any applicable Supplemental Terms – for example, any terms outlined on the Service’s product page or at the point of sale).

For purposes of this Career Counseling and Job-Offer Guarantee section of these Terms, the term “Qualifying Job Offer” means: an offer of a paid full-time job (an average of 35 hours or more per week, or multiple offers for part-time work constituting the equivalent of an average of 35 hours or more per week) in the United States as an employee, apprentice, intern or independent contractor in the field of software development or work working directly with the engineering team.

Program Completion

Certain of the Services, including the Online Web Developer Program consist of up to several hundred hours of largely self-directed coursework. Additional details and Supplemental Terms may be found on the applicable product page for the Online Web Developer Program.

With respect to the Online Web Developer Program, there may be multiple mid-course assessments and a final verification at the end. Flatiron will provide times for you to schedule assessments within five business days (excluding U.S. holidays) of your request. You must pass all mid-course assessments, complete 95% or more of all lessons, publish seven (7) blog posts and pass the final verification to become “Learn Verified” and to become eligible for any Career Counseling or Job-Offer Guarantee which may be offered under the applicable program. You may take and/or retake the final verification an unlimited number of times, but no more than two (2) final verifications per calendar month. Once you have passed the final verification, you will be recognized as “Learn Verified”. When you have been “Learn Verified”, you will be deemed to have completed the Online Web Developer Program (and you will not be charged any applicable tuition charges for any pay period following the pay period in which you completed the Online Web Developer Program).

With respect to the Online Web Developer Program which does not provide Career Services but does offer a Job-Offer Guarantee, there may be multiple mid-course assessments and a final verification at the end. Flatiron will provide times for you to schedule assessments within five business days (excluding U.S. holidays) of your request. You must complete 95% or more of all lessons, publish seven (7) blog post and pass the final verification to become “Learn Verified” and to become eligible for any Job-Offer Guarantee which may be offered under the applicable program. You may take and/or retake the final verification an unlimited number of times, but no more than two (2) final verifications per calendar month. Once you have passed the final verification, you will be recognized as “Learn Verified”. When you have been “Learn Verified”, you will be deemed to have completed the Online Web Developer Program (and you will not be charged any applicable tuition charges for any pay period following the pay period in which you completed the Online Web Developer Program).

With respect to Certificate Courses offering final assessments, please note that students are limited to a maximum of two (2) final assessments if they should not pass the assessment on their first attempt. Students are not eligible to take an assessment while in an unpaid trial period.

Program Pause

Students participating in the Online Web Developer Program may elect to temporarily “pause” their participation in the Online Web Developer Program at any point during the course of their enrollment (following the fourteen (14) day trial period).

Students electing to pause their participation in the Online Web Developer Program may do so on one (1) occasion only, for a maximum of three (3) months. Students must inform Flatiron in writing of their intention to pause their participation in the Online Web Developer Program and also when they wish to resume their participation in the Online Web Developer Program. Students must provide two (2) business days’ notice of any request to pause or resume participation in the Online Web Developer Program and any such requests granted (or, if applicable, denied) within those (2) business days. Flatiron will not make retroactive adjustments to students electing to pause their participation in the Online Web Developer Program.

If you choose to pause your participation in the Online Web Developer Program, you will not have access to the Learn.co platform while the pause is in effect, and, if you have selected the Monthly Plan payment option, you will not be obligated to make monthly payments that come due while the pause is in effect (up to a maximum of three (3) monthly payments). Please note, however, that if you have taken out a loan to finance your participation in the Online Web Developer Program, pausing your participation will not impact any obligations you may have to make payments on your loans during the period of time while the pause is in effect.

This policy applies only to the Online Web Developer Program. Students may not elect to pause their participation in a Certificate Course.

Career Counseling

After completing a Career Counseling Qualifying Program, you will be put in touch with a career counselor to assist you with your job search. Such assistance will include helping you to identify and pursue job opportunities in the software development field. Career Counseling will include, at a minimum, access to:

  • A designated career counselor accessible via phone, video chat and e-mail to review and discuss your job search;
  • Availability of check-in phone meeting with your career counselor every two weeks at a minimum to discuss your progress;
  • At least one review of your résumé and LinkedIn profile;
  • At least one mock cultural interview and one mock technical interview with your career counselor (or other Flatiron representative); and
  • Opportunities to network with Flatiron employer partners where available and relevant.

Career Counseling (with respect to Career Counseling Qualifying Programs) terminates upon the earlier of: (i) your acceptance of a Qualifying Job Offer (as defined above); (ii) termination by Flatiron due to your failure to comply fully with these Terms, or (iii) the expiration of the six (6)-month period immediately following your completion of the program under the relevant paid Service. Flatiron reserves the right to revoke or withhold access to Career Counseling services from any student or graduate or who has received and turned down two Qualifying Job Offers.

Subject to and in accordance with these Terms, including any applicable Supplemental Terms, you may elect to upgrade from a paid Service that is a non-Career Counseling Qualifying Program to a paid Service that is a Career Counseling Qualifying Program, provided that you submit payment for the difference in price, net of any applicable discounts and scholarships, for the months you were enrolled in the non-Career Counseling Qualifying Program, between the Career Counseling Qualifying Program and the non-Career Counseling Qualifying Program.

Subject to and in accordance with these Terms, including any applicable Supplemental Terms, you may elect to downgrade from a paid Service that is a Career Counseling Qualifying Program to a paid Service that is a non-Career Counseling Qualifying Program.

Job-Offer Guarantee

If you participate in a Job-Offer Guarantee Qualifying Program, and you comply fully with the job search requirements specified below and do not receive a Qualifying Job Offer (as defined above) within six (6)-months of your job-seeking start date, you will be eligible for a full tuition refund.

"Job-seeking start date" is the date a graduate commences their job search, and can be no later than 90 days after program completion.

To remain eligible for the Job-Offer Guarantee (in connection with a Job-Offer Guarantee Qualifying Program), you must be actively job seeking and meet all of the following job search requirements during the six (6)-month period following completion of the program under the applicable paid Service:

  • Be 21 years of age or older and legally authorized to work in the United States for at least two (2) years consecutively beginning at the date of your completion of the program;
  • Be proficient in both spoken and written English;
  • Complete the careers curriculum track material for the relevant program within 30 days of passing the final verification;
  • Be responsive to communications from your Career Counselor, within three business days (or within reason accounting for unforeseen or extenuating circumstances)
  • Complete two mock interviews with your Career Counselor or other Flatiron representative.
  • Be available, if invited, to interview for a minimum of three interviews per week;
  • On a weekly basis, update your job-search tracking tool with a written summary of job seeking activities;
  • Make contact with at least 8 specific individuals at prospective employers within the software development field each week, record evidence of such contact, and furnish it upon request by Flatiron;
  • Submit responses to any code-challenges associated with any job application on-time or within one week of receipt if due date is not specified;
  • Upon request by Flatiron, provide evidence of attending all scheduled interviews;
  • Post at least 5 GitHub commits per week;
  • Post at least 1 technical blog post per week on a public URL that can be verified by Flatiron;
  • Email your career counselor within one business day, of receipt of any job offer, including the date of the job offer, name and address of the entity extending the offer, and the title and compensation rate of the position being offered;
  • Be willing to work remotely or in person in the United States, within a reasonable commuting distance from your main work or residence address; and
  • Have not received and accepted an offer for any paid full-time job (an average of 35 hours or more per week or two (2) or more part-time jobs aggregating an average of 35 hours or more per week) in the United States as an employee, apprentice, intern or independent contractor: (i) within six months after completion of the relevant program, in any field; or (ii) during your participation in, and prior to your completion of, the relevant program, in the field of software development working directly with the engineering team.

It is your sole responsibility to keep track of all job search required activities. Flatiron recommends that you keep a written log of your activities, back up all data, and make copies of relevant documentation. Flatiron may, at any time during the 9-month period following your completion of the relevant program, verify your compliance with the job search requirements and ask you for proof of compliance. Failure to present proof of compliance with the job search requirements may result in forfeiture of eligibility for the Job-Offer Guarantee.

If you believe that you are eligible for a tuition refund due to failure to obtain a Qualifying Job Offer, you must submit to Flatiron via email to placements@flatironschool.com no later than 7 months after completion of the relevant program a request for a refund setting forth the following: (a) your full name and contact information (address, phone number, email address); and (b) certifying that you:

  • Successfully completed the relevant Job-Offer Guarantee Qualifying Program;
  • Met all job search requirements (and any other applicable requirements);
  • Were unable to obtain a job offer (as defined above); and
  • Are entitled to a full tuition refund pursuant to these Terms.

Flatiron will review tuition refund requests and may seek from you further information and verification relating to your request. If Flatiron determines that you are entitled to a tuition refund under these Terms, a refund will be issued to you, typically within 30 days after receipt of your refund request (or, if Flatiron sought from you further information and verification relating to your request, within 30 days after receipt by Flatiron of such information and verification).

In the event that you have received a loan from a third-party lender to pay for a Job-Offer Guarantee Qualifying Program and become entitled to a refund pursuant to this policy, your full tuition refund will not include a refund of any interest, fees, or other payments (other than principal payments) made to the third-party lender (or to the assignee of the loan). In addition, any refund proceeds will first be applied to pay down any amount owing on the loan, with any excess then returned to you.

Your eligibility for the Job-Offer Guarantee (with respect to Job-Offer Guarantee Qualifying Programs), will terminate upon the earlier of: (i) your receipt of a job offer (as defined above); (ii) termination by Flatiron due to your failure to meet the job search requirements specified above; (iii) termination by Flatiron due to your failure to comply fully with these Terms; and/or (iv) the expiration of the six (6)-month period immediately following your completion of the program under the relevant paid Service.

If you are found in violation of or fail to comply with these Terms, Flatiron reserves the right to terminate your participation or enrollment in the program under any paid Service. If you are terminated from any such program, you will forfeit eligibility for any Career Counseling or Job-Offer Guarantee to which you may otherwise be entitled.

Nothing herein is intended to establish a fiduciary relationship, partnership or joint venture between you and Flatiron.

Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES AND ALL CONTENT ARE AT YOUR SOLE RISK AND RESPONSIBILITY. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND THE ENTIRE RISK FOR YOUR USE OF THE SERVICES AND CONTENT.

WITHOUT LIMITING THE FOREGOING, AND TO THE FULLEST EXTENT PERMITTED BY LAW, FLATIRON, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND AFFILIATES (COLLECTIVELY, THE “FLATIRON ENTITIES”) DO NOT WARRANT THAT: (A) THE SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE SERVICES OR CONTENT WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE SERVICES OR CONTENT WILL BE ACCURATE, COMPLETE, CURRENT, COMPLETELY SECURE OR RELIABLE, (D) DEFECTS IN OR ON THE SERVICES OR CONTENT WILL BE CORRECTED, (E) THE SERVICES OR CONTENT WILL NOT CAUSE ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES OR ANY CONTENT, AND THAT (F) THERE WILL BE NO DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY SERVICES OR CONTENT AND OTHER COMMUNICATIONS. YOU ASSUME ALL RISK OF PERSONAL INJURY (INCLUDING DEATH AND DAMAGE TO PERSONAL PROPERTY) AND OTHER DAMAGES SUSTAINED FROM USE OF THE ONLINE COURSES, CONTENT AND OTHER SERVICES.

FLATIRON DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH FLATIRON SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND FLATIRON WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ANY OF THE FLATIRON ENTITIES OR THROUGH ITS SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL ANY OF THE FLATIRON ENTITIES BE LIABLE TO THE USER OR ANY THIRD PARTY WITH RESPECT TO THE SERVICES AND/OR ANY OTHER SUBJECT MATTER ADDRESSED BY THESE TERMS OF USE (INCLUDING ANY SUPPLEMENTAL TERMS) (INCLUDING, WITHOUT LIMITATION, ANY BREACH OF SECURITY OR DATA LOSS) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOST PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, LOSS OR INACCURACY OF DATA OR DOCUMENTS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE FLATIRON ENTITIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES; (C) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (D) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (E) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (F) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (G) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

FLATIRON'S (AND THE OTHER FLATIRON ENTITIES’) TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES AND/OR THESE TERMS OF USE (INCLUDING ANY SUPPLEMENTAL TERMS) WILL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNT OF FEES RECEIVED BY FLATIRON FROM THE COMPLAINING USER FOR THE USE OF THE SERVICES. THE EXISTENCE OF MULTIPLE CLAIMS SHALL NOT EXPAND OR INCREASE THE FOREGOING LIMITATION. THE PARTIES ACKNOWLEDGE THAT THIS CLAUSE REFLECTS THE AGREED UPON REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND THAT FLATIRON WOULD NOT ENTER INTO THESE TERMS OF USE OR MAKE THE SERVICES OR CONTENT AVAILABLE TO USER WITHOUT THESE LIMITATIONS ON LIABILITY.

FOR USERS IN THE STATE OF NEW JERSEY ONLY, THIS SECTION SHALL NOT COVER ANY CLAIMS ARISING OUT OF ANY NEGLIGENT, RECKLESS OR INTENTIONAL CONDUCT ON THE PART OF FLATIRON. ADDITIONALLY, FOR USERS IN THE STATE OF NEW JERSEY ONLY, THE PROVISION IN THE PRECEDING PARAGRAPH LIMITING FLATIRON’S CUMULATIVE LIABILITY TO THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNT OF FEES RECEIVED BY FLATIRON FROM THE COMPLAINING USER FOR THE USE OF THE SERVICES, SHALL LIKEWISE NOT APPLY.

Indemnification

You agree to indemnify, defend and hold harmless Flatiron (and the other Flatiron Entities) from any and all claims, causes of action, liabilities, damages, losses and expenses, including reasonable attorneys' fees and costs, made or incurred by any third party relating to or arising out of (a) your use or attempted use of the Services in violation of these Terms (including any applicable Supplemental Terms), (b) your use or attempted use of any code, program, data, information or any other Content provided through the Services in a manner inconsistent with these Terms (including any applicable Supplemental Terms), (c) your violation of any laws, rules, or regulations, or rights of any third party, (d) information that you post or otherwise make available on the Services, including without limitation any claim of infringement of intellectual property or other proprietary rights, and/or (e) any breach by you of the representations, warranties, and covenants made in these Terms (including any applicable Supplemental Terms).

Termination of Rights

You agree that Flatiron, in its sole discretion, may deactivate your account or otherwise terminate your use of the Services for any reason, including, without limitation, if Flatiron believes that you have: (a) breached these Terms (including any applicable Supplemental Terms); (b) infringed the intellectual property rights of a third party; (c) posted, uploaded or transmitted Unauthorized Content to the Services; and/or (d) violated or acted inconsistently with the letter or spirit of these Terms (including any applicable Supplemental Terms). You agree that any deactivation or termination of your access to the Services may be effected without prior notice to you and that Flatiron shall not be liable to you nor any third party for any termination of your account. You also acknowledge that Flatiron may retain and store your information on Flatiron’s systems notwithstanding any termination of your account. You further acknowledge that Flatiron’s rights to deactivate or terminate your use of the Services are not Flatiron’s sole remedy and that Flatiron may also seek other further relief under law or equity.

Governing Law

With respect to Users outside of the State of New Jersey, these Terms (including any applicable Supplemental Terms) and the interpretation of these Terms (including any applicable Supplemental Terms) shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of laws rules. Should any part of these Terms (including any applicable Supplemental Terms) be found invalid or not enforceable by a court of law, then the remaining portions shall continue to be valid and in force, to the extent permitted by law.

With respect to Users in the State of New Jersey, these Terms (including any applicable Supplemental Terms) and the interpretation of these Terms (including any applicable Supplemental Terms) shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of laws rules.

Agreement to Arbitrate:

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM FLATIRON. THIS SECTION WAIVES YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION.

Flatiron and you (collectively the “Parties”) waive all rights to trial before a jury in any action or proceeding arising out of or relating to these Terms (including any applicable Supplemental Terms), the Services, or otherwise arising between the Parties, including, without limitation, any User’s statutorily created or protected rights. With the exception of any action or proceeding brought by Flatiron (or by any of the other Flatiron Entities) in which injunctive relief is sought, any controversy or claim arising out of or relating to these Terms (including any applicable Supplemental Terms) and/or the Services shall be settled exclusively by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. This waiver applies to class arbitration and the arbitrator(s) may not consolidate more than one person’s claim. With the exception of any claim by Flatiron (or by any of the other Flatiron Entities) for indemnification, under no circumstances is an arbitrator authorized to issue an award for, and the Parties hereby waive all rights to claim, punitive damages, liquidated damages, incidental or consequential damages, or attorneys’ fees. The arbitration shall be conducted in the State of New York, City of New York, unless the Parties agree otherwise. You hereby acknowledge that you understand the terms of the arbitration clause, and agree to comply with all of its terms and provisions.

Assignment

Flatiron may freely transfer or assign any portion of its rights or delegate its obligations under these Terms (including any applicable Supplemental Terms). You shall not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under these Terms (including any applicable Supplemental Terms) without the prior written consent of Flatiron. Any attempted transfer or assignment in violation hereof will be null and void.

Entire Agreement/Severability

These Terms (including any applicable Supplemental Terms) are the entire and exclusive agreement between Flatiron and you regarding the Services, and supersede and replace any prior agreements between Flatiron and you regarding the Services. No other person or company, with the exception of the Flatiron Entities, will be third party beneficiaries to the Terms (including any applicable Supplemental Terms). If any provision of these Terms (including any applicable Supplemental Terms) is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions, and shall not affect the validity and enforceability of any remaining provisions.

No Waiver

Any delay or failure on the part of Flatiron to enforce any rights under these Terms (including any applicable Supplemental Terms) to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time.

Notifications and Changes to the Terms

These Terms (including any applicable Supplemental Terms, such as those relating to payment) are subject to change. If you continue to access and use the Services after these Terms (including any Supplemental Terms) change, you agree to be bound by such changes. Any changes will be effective immediately upon posting. Please check these Terms (including any Supplemental Terms) for changes periodically. Flatiron may provide notifications, including changes to these Terms (including any Supplemental Terms), to you via email notice, written or hard copy notice, or through posting of such notice on the Learn.co website, as determined by Flatiron in its sole discretion. Flatiron is not responsible for any automatic filtering you or your network provider may apply to email notifications sent to your email address. You are solely responsible for maintaining your account, including your email address, accurate, current and complete.

Please contact us at info@flatironschool.com with any questions regarding these Terms (including any Supplemental Terms).

These Terms were last updated on April 4, 2017.