LEARN.CO TERMS OF SERVICE

Overview of Terms

These Learn.co Terms of Use (“Terms”) govern your use of Flatiron School LLC’s (“Flatiron”) Learn.co website or any other websites of Flatiron with links to these Terms, as well as the information, text, curricula, apps and software, and other products and services (collectively, the “Services”) made available through the website.

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. Any changes will be effective immediately upon posting. Please check these Terms for changes periodically. Flatiron may provide notifications, including changes to these Terms, to you via email notice, written or hard copy notice, or through posting of such notice on this website, as determined by Flatiron in its sole discretion. You are solely responsible for maintaining your account, including your email address, accurate, current and complete. Please contact us at legal@flatironschool.com with any questions regarding these Terms.

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.

License to Use the Services

Subject to your compliance with these Terms, Flatiron hereby grants you a limited, revocable, personal, worldwide, non-exclusive, non-transferable, non-sublicensable license to use the Services at your location solely for your personal, noncommercial use and as permitted hereunder. You must abide by all copyright notices or restrictions contained on the Services.

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 derivative works, you must license your works under the same terms as the original Flatiron CC License.

User Accounts

In order to use Learn.co, you may have to create an account. Additionally, certain programs offered by Flatiron through the Learn.co platform may require you to create a user account in order to receive an invitation to apply to the applicable paid Service. 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. If you become aware of any unauthorized use of your account and/or security breach, you must immediately notify Flatiron at support@flatironschool.com.

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.

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.

Flatiron Content

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.

User Content

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"). You are solely responsible for User Content you post to the Services and the consequences of posting or publishing such 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.

Additionally, 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.

You also 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.

Users may include links to third-party websites in User Content as long as the content of such websites does not violate these Terms. Flatiron is not responsible for the availability or the content of linked websites, including the advertising, products or other material thereon.

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 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. You assume the risk of such communications, and Flatiron has no liability related to the content or use of any such communications.

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. Flatiron reserves the right to remove any User Content at any time and for any reason. You acknowledge and agree that your storage of any data on Flatiron’s servers is at your sole risk. 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.

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 LLC
Attn: General Counsel
115 West 18th Street
New York, NY 10011

Additional Terms

Please note that certain Services may 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.

The Services may also 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.

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. 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.

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, GOODWILL, OR OTHER INTANGIBLE LOSSES , 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.

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 or any Content provided through the Services in violation of these Terms (including any applicable Supplemental Terms), (b) your violation of any laws, rules, or regulations, or rights of any third party, (c) any of your User Content, or 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, or (d) 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); or (b) infringed the intellectual property rights of a third party . 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 delete or 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

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. Any action brought in connection with these Terms shall be brought exclusively in the state or federal courts of the City of New York, State of New York.

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.