Upperline Summer Coding Programs
Terms & Conditions
These terms and conditions (“Terms”) apply to all summer programs operated by Upperline LLC (“Upperline”), including courses operated by Upperline for Kode with Klossy and New Venture Fund. These Terms apply to all courses, options, and programs offered by Upperline from January 1, 2017 to September 4, 2017.
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 Participant (as defined below). By registering for any Upperline summer program you agree to abide by, and be bound by, these Terms.
Please review these Terms carefully before enrolling in any summer program.
For purposes of these Terms, the following definitions shall apply:
“Adult” shall mean an individual at least 18 years of age who is competent to enter into a legally binding contract.
“Minor Participant” shall mean any participant in a program who is not an Adult.
“Participant” shall mean the individual, whether or not an adult, who personally participates in a program.
“Program” shall mean any courses and/or summer programs offered by Upperline.
“Responsible Adult” shall mean an Adult Participant or an Adult custodial parent or an authorized legal guardian of a Participant under the age of 18.
“You” shall mean an Adult Participant or a Responsible Adult.
In order to register for a Program, You may be required to provide information about yourself and your Minor Participant as a part of the registration process. Any registration information You give to Upperline must be accurate, correct and up to date. It is your sole responsibility to promptly notify Upperline about any changes or corrections to your registration information. Following the registration, You will receive a reservation confirmation.
Billing and Payment (Not applicable for scholarship classes)
All services must be purchased by a Responsible Adult. An individual who submits a registration and the required payment for participation in a Program certifies that s/he is either: (i) an Adult Participant or (ii) a Responsible Adult for a Minor Participant.
Tuition excludes all state and federal taxes and curriculum materials.
All financial transactions are made and quoted in U.S. Dollars.
Tuition is $2,100 for Upperline 2-week summer courses.
If enrolling less than 30 days before the course start date, you will be charged the entire tuition.
Cancellations and Refunds (Not applicable for scholarship classes)
Upperline has a strict refund policy due to the high costs of hardware, software, facilities and staff resources. To reserve a space at Upperline, a non-refundable, non-transferable deposit of 25% of tuition is required per course, per participant. The deposit will be applied toward the customer’s total balance.
Balance payments, less the non-refundable deposit, are refundable until 4 weeks (31 days) prior to the start of the confirmed course start date. No refund will be issued for cancellations or withdrawals within the 31 days of the start of the confirmed course start date.
A $35 cancellation fee will be applied to all refunds.
Cancellations can be made by calling Accounting at 646-653-2633
No refunds will be issued for early withdrawal or dismissal due to absences (for any reason including sickness), behavioral dismissals, violations of the Upperline Code of Conduct, power failures, weather, and unforeseeable events not within Upperline control or other acts of nature.
If Participants leave for any reason, the tuition is not prorated and no refund will be issued.
If a Participant cannot attend a Program due to an unexpected family medical emergency or illness, Upperline must receive an official signed doctor’s note within 7 days of the absence. Upperline will make an attempt to accommodate the Participant with an alternate Program. The doctor’s note must be signed, dated and include the ailment and expected return date of the Participant. The doctor’s note must be scanned and emailed to email@example.com within 7 days of the absence.
If Upperline cancels a Program, Participants may be enrolled in another Program. If one is not available at the same Program location and time that is convenient for a Participant, a refund will be issued for the canceled Program.
If Upperline is forced to close a Program based on a recommendation by the local health authorities (for example in the case of pandemic flu, etc.) or due to other acts of nature, no refunds will be issued. The tuition paid for the canceled Program can be applied to a tuition credit for a future Program during that same season (as space permits) or will be carried over to the next season.
Course, start date or location can be changed without penalty up to 21 days prior to the course start date, provided there is available space in another session. A $35 registration change fee will be applied to any change that occurs less than 21 days prior to the course start date.
Transaction Confirmation (Not applicable for scholarship classes)
Following a transaction, the client will receive a confirmation. If purchasing via the Active online registration system, the client will receive confirmation via the web, as well as an email confirmation sent to the email address provided.
Promotional Specials and Code Discounts (Not applicable for scholarship classes)
Upperline runs promotional specials from time to time. For “specials”, the client will receive the published discount amount with the use of the corresponding promotional code, limit one discount per participant. Upperline will apply the discount promotional code with the greatest amount to each account. The balance must be paid in full at the time of registration to receive the published discount amount. All applicable cancellation/refund policies apply. All promotional codes must be submitted at the time of registration. Upperline does not honor retroactive adjustments. The total discounts received cannot exceed the total cost of the products purchased.
As a condition of enrollment, the parent/guardian will need to complete required forms (the “Required Forms”) 30 days prior to the start of a course. If the Required Forms are not completed prior to the start of the course, the student will not be allowed to participate and no refund will be issued. These Required Forms contain crucial information concerning emergency contact and health information, and other important information.
Consent to Participate
By submitting a registration and a required payment for participation in a Program, You grant permission for your Participant to participate in all Program activities and certify that the Participant has no conditions that prohibit full participation in a Program’s activities. If you would like to request a reasonable accommodation or modification due to a disability, please contact Upperline at firstname.lastname@example.org. You give Upperline staff permission to take your Participant to places of relevant interest, such as a guided campus tour, and facilities within walking distance of a Program site.
Additionally, each Responsible Adult must ensure that the following forms are completed, signed, and submitted:
1) Parent/Guardian survey
2) Student survey
If any of the above completed and signed forms are not delivered to Upperline prior to the commencement of the Program, the Participant will not be permitted to attend the Program.
In case of illness, accidental injury or any other medical emergency during the course/program day, Upperline staff will make reasonable efforts to immediately contact a Responsible Adult for a Minor Participant and an emergency contact for an Adult Participant. If a Responsible Adult or an emergency contact cannot be reached, You authorize Upperline, its agents and employees, to take any emergency medical measures deemed necessary for the care and protection of the Participant. This includes, if necessary, treatment by a physician, paramedic, and/or transfer to the hospital. It is Your sole responsibility to ensure that Upperline has the correct and current information for Your emergency contacts. You acknowledge that you are responsible for all medical expenses due to Your Participant’s illness or injury. You also understand and agree that Upperline personnel are not authorized to give any Participant over-the-counter medication without prior written permission. In all cases, Upperline staff is not comprised of professional nurses or doctors, and staff members have not been trained in medicine.
Lost, Stolen, or Damaged Property
Participants are responsible for their personal property while attending a Program. Upperline is not responsible for any personal belongings lost, stolen or damaged on Program premises. Responsible Adult is responsible for full replacement costs of any property damaged by their Minor Participant. Adult Participant is responsible for full replacement costs of any property damaged by them.
Assumption of Risk and Release
BY REGISTERING FOR A PROGRAM, RESPONSIBLE ADULTS ACKNOWLEDGE THAT THEY ARE AWARE OF THE INHERENT RISKS OF INJURY, DEATH, AND PROPERTY DAMAGE INVOLVED IN PARTICIPATION IN A UPPERLINE PROGRAM. RESPONSIBLE ADULTS ARE AWARE OF THE RISKS OF INJURY, DEATH, AND PROPERTY DAMAGE THAT MAY RESULT FROM, AMONG OTHER CAUSES, THE ACTIVE OR PASSIVE NEGLIGENCE OF UPPERLINE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUBCONTRACTORS (COLLECTIVELY, “RELEASED PARTIES”), INCLUDING WITHOUT LIMITATION THE RISK OF NEGLIGENT INSTRUCTION OR SUPERVISION. RESPONSIBLE ADULTS, EITHER INDIVIDUALLY OR ON BEHALF OF A MINOR PARTICIPANT, ACKNOWLEDGE THAT THE PARTICIPANT IS VOLUNTARILY ENGAGED IN PARTICIPATION IN A PROGRAM WITH KNOWLEDGE BY THE RESPONSIBLE ADULT OF THE RISKS OF INJURY, DEATH, PROPERTY DAMAGE, AND OTHER RISKS, AND ASSUMES ANY AND ALL KNOWN AND UNKNOWN RISKS OF INJURY, DEATH, AND PROPERTY DAMAGE THAT MAY RESULT FROM PARTICIPATION IN A PROGRAM.
RESPONSIBLE ADULTS, INDIVIDUALLY, AND ON BEHALF OF MINOR PARTICIPANTS, RELEASE THE RELEASED PARTIES FROM ALL LIABILITY TO PARTICIPANTS, REPRESENTATIVES, GUARDIANS, SUCCESSORS, ASSIGNS, HEIRS, CHILDREN, AND NEXT OF KIN FOR ALL LIABILITY, CLAIMS, DAMAGE, OR DEMANDS FOR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, ARISING FROM OR RELATED TO THESE TERMS OR TO PARTICIPATION IN A PROGRAM, REGARDLESS WHETHER THE INJURY, DEATH, OR PROPERTY DAMAGE OCCURS ON OR OFF THE PROGRAM PREMISES. THIS RELEASE INCLUDES, WITHOUT LIMITATION, ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE CAUSED BY THE ACTIVE OR PASSIVE NEGLIGENCE OF ANY OF THE RELEASED PARTIES. RESPONSIBLE ADULTS AND PARTICIPANTS BEAR SOLE RESPONSIBILITY FOR ANY LOSS. RESPONSIBLE ADULTS ACKNOWLEDGE THAT THEY HAVE CAREFULLY READ THIS AGREEMENT, UNDERSTAND ITS CONTENTS, AND UNDERSTAND THAT THIS AGREEMENT INCLUDES AN ASSUMPTION OF THE RISK OF THE RELEASED PARTIES’ NEGLIGENCE AND A RELEASE OF THEIR LIABILITY. RESPONSIBLE ADULTS ACKNOWLEDGE THAT UPPERLINE IS MATERIALLY RELYING ON THIS WAIVER IN ALLOWING PARTICIPANT TO ENGAGE IN A PROGRAM.
You agree to defend, indemnify, and hold Upperline, its officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your violation of these Terms ; (ii) your access to or use of social networking sites, their services, Upperline content and Participant posts and/or submissions to such sites; (iii) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that one of your Participant posts and/or submissions to the social networking sites caused damage to a third party or infringed or violated any third party intellectual property right, publicity, confidentiality, property or privacy right.
You understand and authorize that photos may be taken of the Participants. You agree that Upperline, its authorized agents, employees, assignees and corporate partners may share and use the photographs, videotapes, testimonials, and/or audio recordings of Participants, to reproduce, exhibit, publish, or distribute for educational, research, promotional, or marketing purposes. No compensation will be paid for this use.
You understand that all projects and work created while at a Program may be used by Upperline in promotional materials, online, and other print media. These projects may be shared and used by Upperline corporate partners, the media, or other organizations that work with Upperline.
Please note that if Upperline is contacted by the press, we will seek written parent approval before a minor Participant's full name may be used in print, radio, TV and other mediums.
You understand and agree that Upperline, its owners, agents, partners, facility providers, and employees will not be held liable for damages and injuries, alleged to relate to said publishing, including any and all claims based on negligence.
Participant Code of Conduct
Upperline reserves the right to dismiss any Participant from a Program with or without prior warning for violating any of the terms of the Participant Code of Conduct, or if the Participant’s actions or attitudes are deemed detrimental to the quality, integrity or general atmosphere of a Program. There will be no refund for such dismissal.
Responsible Adults represent that they have read, understood, and agree to the Upperline Participant Code of Conduct. Responsible Adults further agree that they will review and discuss the Upperline Code of Conduct with their Minor Participants prior to commencement of a Program. Responsible Adults acknowledge and agree that their Minor Participants must comply with the Code of Conduct. Any Participant in violation of the Upperline Code of Conduct may be dismissed from a Program and no refund will be issued for such dismissal.
Responsible Adults agree that a Participant may be dismissed, without a refund, from a Program for conduct deemed by Upperline to be detrimental to the quality, integrity, or general atmosphere of a Program. Such conduct shall include, without limitation, the following: drug/alcohol/tobacco possession or use; viewing pornography or any inappropriate material on the Internet; inappropriate language (swearing, racial slurs, etc.); physical violence or threats of physical violence against other Participants or Upperline staff; damage to facilities at the Program location or Upperline equipment; stealing property of others; inappropriate use of equipment; sexual harassment of other Participants or Upperline staff; internet hacking; or bullying.
If use or possession of illegal substances or weapons is suspected, a Participant will be subject to search and seizure. If use or possession of illegal substances or weapons is found, the Participant will immediately be dismissed from a Program and no refund will be issued. Each Participant and Responsible Adult is responsible for any personal items brought to and loaned at a Program. Participants promise to respect all Upperline staff and fellow Participants and to treat all facilities and equipment with care.
Upperline requires Participants to bring a laptop to use at a Program. However, Upperline may provide Participants who do not have laptops with a customized Chromebook they can use in class. Participants must return the loaned machine in good condition. Responsible Adult is responsible for full repair or replacement costs of any damage to the loaned machine, other than normal wear and tear. There is no fee associated with using a loaner.
Cell phones/smart phones can be kept on hand but must be in silent mode during instructional times.
A Program facility may provide access to internet via paid or free Wi-Fi network. If You or your Minor Participant wish to connect to such network, You must comply with all terms and conditions of the facility running such network, and assume all costs and risk associated with connecting to the facility’s network. Viewing inappropriate content (including, without limitation, sexual content, violence, racism, bullying, etc.) online may [will] result in immediate dismissal from a Program, without a refund.
Any attempt at computer “hacking” will result in immediate dismissal from a Program, without a refund. Local authorities will be contacted when warranted.
You and your Minor Participant are responsible for maintaining the confidentiality of passwords associated with any account You use to access the Program website. All Participants are responsible for all activities that occur under their account. Upperline is not liable for any loss that may occur as a result of someone else using a Participant’s password or account, either with or without their knowledge. If Participants become aware of any unauthorized use of their password or account, they must immediately notify Upperline at email@example.com and/or their Program instructor.
Participants may not use their accounts in any manner that could damage, disable, overburden, or impair any piece of the Program website, or interfere with any other party’s use and enjoyment of the website. Participants must not attempt to gain unauthorized access to any other account through hacking, password mining, or any other means.
Upperline makes every reasonable effort to prevent Participants from being exposed to inappropriate web content. As a safeguard, Upperline may install Internet filtering software on Upperline computers. No software is 100% perfect, and some inappropriate content may inadvertently be accessed. Upperline takes reasonable precautions to guard against inappropriate material being viewed. If inappropriate content is viewed, our staff will follow standard protocol. Participants found in violation of Upperline Code of Conduct may be removed from a Program without receiving a refund.
Upperline Programs are designed for Participants who are high school students ages thirteen to eighteen (13-18). The Programs are co-ed unless otherwise specified.
Lunch (Not applicable for scholarship classes)
Food and drinks are not generally included as a part of the course fee. Some courses may provide a lunch portion for additional purchase as designated on the website. Participants may bring their own food and drinks, but please be mindful of others and refrain from bringing food containing nuts. Upperline may provide occasional lunches to students. Any food allergies or dietary restrictions must be reported to Upperline prior to the beginning of a Program. Please note that we may not be able to arrange for kosher, halal or other dietary restricted meals. This option depends upon the available selection at each Program location and food service providers.
Upperline classroom staffing is similar to most traditional learning environments. Upperline classrooms are led by instructors who are experienced professionals. Upperline may also hire assistant instructors and teaching assistants in order to maintain a small student/teacher ratio. Upperline may also occasionally invite a guest speaker to a classroom. Weekly schedule and hours of instruction vary depending on the Program. Refer to the specific Program for this information. No make-up sessions will be scheduled for any classes.
Self Sign-out Policy
Sign-out times vary depending on the Program. Refer to the specific Program for this information.
All Participants will sign themselves out with the staff.
If a Participant has a valid state driver’s license, s/he may bring a vehicle to a Program. It is understood that Participants are not allowed to transport other Participants in their vehicles under any circumstances. Additionally, the Participant is responsible for arranging permitted parking on campus (where applicable). Parking tickets will not be reimbursed. If theft or damage should occur to the vehicle while at a Program, or in transit to or from, Upperline will not be held responsible for any damages, and You hereby release Upperline from any such liability.
Due to the nature of Upperline Programs, attendance is crucial to the Participants’ success in the Program.
If a Participant will be absent, the Responsible Adult must notify the Program instructor no later than 9AM on the day the Participant is expected to be absent. A participant may not miss more than 2 days per Program. It will be at the discretion of the instructor whether the Participant is permitted to remain in the Program after 2 days of absence.
Changes to Services
Upperline reserves the right to cancel or modify classes and programs, and/or to make changes to instructors and staff. On rare occasions, the software and hardware used in Programs may change without notice, and Upperline will endeavor to find suitable software and hardware alternatives.
Upperline reserves the right to update or modify these Terms on the website at any time.
Agreement to Arbitrate: You agree that any dispute arising out of or relating to these Terms, your Participant’s participation in a Upperline Program, or otherwise arising between the parties, including, without limitation, any Participant’s statutorily created or protected rights, as permitted by applicable state or federal laws, shall be settled by arbitration in the state and county in which the Program is held, in accordance with the Commercial 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 dispute or controversy shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Under no circumstances is an arbitrator authorized to issue an award for, and the parties hereby waive all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees. The parties further waive all rights to have damages multiplied or increased. You hereby acknowledge that you understand the terms of the arbitration clause, and agree to comply with all of its terms and provisions.
Choice of Law
These Terms and interpretation of these 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 be found invalid or not enforceable by a court of law, then the remaining portion shall continue to be valid and in force.
Upperline respects the rights of Participants to use social networking sites, personal websites, and blogs. However, there are potential dangers associated with the abuse of social networking sites. For the safety of Participants and to protect the privacy of Upperline staff, Upperline requires all Participants to observe the following policies:
1. Any projects or websites created by Participants and hosted on Upperline servers may not contain links to websites containing personal information or inappropriate material.
2. Upperline reserves the right to remove any content deemed inappropriate by the social networking sites or by Upperline standards. Upperline will not be held liable for any loss of content or disagreements that may arise between the individual social networking site and the user.
4. It is the sole responsibility of social networking sites users to exercise caution, discretion, common sense, and judgment in interactions with other users, disclosing their personal information to other users, and meeting with other users offline or in person.
5. Participants use the social networking websites at their own risk and discretion and Upperline disclaims any liability to You or to any third party relating thereto.
6. You agree that You and your Minor Participant will not use the social networking sites to offer, display, distribute, transmit, route, provide connections to, or store any material that infringes copyrighted works, trademarks, or service marks or otherwise violates or promotes the violation of the intellectual property rights of any third party.
7. Upperline does not allow the use of its company logo or those of their corporate partners or community partners on any personal website, social networking group, or blog without written permission by Upperline or its corporate or community partners.
8. Participants should also be aware that under no circumstances is staff allowed to give personal contact information for social networking sites, personal websites, blogs, or instant messenger programs. This must be arranged by the Participant’s Responsible Adult through the Human Resources Department at Upperline.
9. Outside a Program, no member of the Upperline staff is permitted to communicate privately with, give out personal contact information to, or become social media friends with Minor Participants. The Minor Participant’s Responsible Adult must first contact Upperline Human Resources Department to grant permission for the Minor Participant to contact the staff member, and the Human Resources Department will then contact the staff member on the Minor Participant’s behalf. Should you have any questions regarding this policy, please email firstname.lastname@example.org.
10. To correspond with instructors after the session has ended, a Responsible Adult must contact the Human Resources Department to grant permission for the Participant to contact the staff member. The Human Resources Department will then contact the staff member on behalf of the Participant.
Disclaimer: BY USING THE SOCIAL NETWORKING SITES OR BY A PARTICIPANT’S POST OR SUBMISSION TO THE SOCIAL NETWORKING SITES , YOU AGREE THAT UPPERLINE IS NOT RESPONSIBLE, AND WILL IN NO EVENT BE HELD LIABLE, FOR ANY: (A) LOST, ILLEGIBLE, MISDIRECTED, DAMAGED, OR INCOMPLETE PARTICIPANT POSTS OR SUBMISSIONS; (B) COMPUTER OR NETWORK MALFUNCTION OR ERROR; (C) COMMUNICATION DISRUPTION OR OTHER DISRUPTIONS RELATED TO INTERNET TRAFFIC, A VIRUS, BUG, OR WORM OR NON-AUTHORIZED INTERVENTION; OR (D) DAMAGE CAUSED BY A COMPUTER VIRUS OR OTHERWISE FROM YOUR ACCESS TO THE SITE OR SERVICES.THE UPPERLINE PROGRAM SITE, SERVICES, CONTENT AND PARTICIPANT POSTS OR SUBMISSIONS ARE PROVIDED “AS IS” WITH NO WARRANTY OF ANY KIND. UPPERLINE AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE PROGRAM SITE, SERVICES, CONTENT AND PARTICIPANT POSTS AND SUBMISSIONS, WHETHER THE PROVISION OF SERVICES OR SUBMISSION OF PARTICIPANT POSTS OR SUBMISSIONS WILL PRODUCE ANY LEVEL OF PROFIT OR BUSINESS FOR YOU OR LEAD TO ECONOMIC BENEFIT, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN ADDITION, UPPERLINE MAKES NO REPRESENTATION OR WARRANTY THAT THE PROGRAM SITE OR SERVICES WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
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