Frontline Substitute Teacher Training Program Terms of Service

Please be aware that Section 17 of this Agreement, below, contains provisions governing how claims that You and Frontline have against each other are resolved, including any claims that arose prior to the effective date of this Agreement. In particular, it contains an arbitration agreement which will, with limited exceptions, require disputes between us to be submitted to binding and final arbitration. Unless You opt out of the arbitration agreement: (1) You will only be permitted to pursue claims and seek relief against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and (2) You are waiving Your right to seek relief in a court of law and to have a jury trial on Your claims.

Any dispute or claim relating in any way to Your use of the Training Program will be governed and interpreted under the laws of the Commonwealth of Pennsylvania, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this agreement.

1. Access to the Training Program – Frontline grants You a non-exclusive, non-transferable, non-assignable, terminable right to access and use the Training Program for Your own personal use in accordance with the terms of this Agreement and any documentation made available to You by Frontline regarding the Training Program (“Documentation”).
   1. Restrictions. All coursework within the Training Program must be completed within 12 months of registration. All rights, title, and interest to the Training Program are expressly reserved and retained by Frontline or its suppliers. You will not, directly or indirectly, (i) transfer, assign, export, sublicense, or commercially exploit any portion of the Training Program or otherwise provide any portion of the Training Program to any other person, organization or entity, including through or on a rental, timesharing, service bureau, subscription, hosting, or outsourcing basis; (ii) attempt to reverse engineer or create any derivative version of any portion of the Training Program; (iii) remove or modify any marking or notice on or displayed through the Training Program, including those related to Frontline’s or its suppliers’ proprietary rights in and to any of the Training Program; (iv) use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to “scrape” or download data from any web pages contained in the Training Program; (v) access or use the Training Program to build a competitive product or service; or (vi) use the Training Program except as expressly permitted under this Agreement and the Documentation.
   2. In addition to the terms of this Agreement, You acknowledge that Your use of the Training Program is subject to the terms of Frontline’s then-current policies relating to the Training Program as made available to You as well as the Frontline Privacy Policy.
2. Registration.
   1. Registering Your Account. In order to access the Training Program, You may be required to become a Registered User. For purposes of this Agreement, a “Registered User” is a user who has registered an account with Frontline for use of the Training Program (“Account”).
   2. Registration Data. In registering an Account, You agree to (a) provide true, accurate, current, and complete information about Yourself as prompted by the registration form (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If You provide any information that is untrue, inaccurate, not current, or incomplete, or Frontline has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Frontline has the right to suspend or terminate Your Account and refuse any and all current or future use of the Training Program (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than Yourself. You agree that You will not have more than one Account at any given time. Frontline reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or enroll in the Training Program if You have been previously removed by Frontline, or if You have been previously banned from the Training Program.
   3. Access Credentials. You may not share Your Account or password (collectively, Your “Access Credentials”) with anyone, and You agree to (i) promptly notify Frontline immediately of any unauthorized use of Your Access Credentials or any other breach of security; and (ii) exit from Your Account at the end of each session. You are responsible for all activities that occur under Your Access Credentials.
   4. Your Account. Notwithstanding anything to the contrary, You acknowledge and agree that You will have no ownership or other property interest in Your Account, and You further acknowledge and agree that all rights in and to Your Account are and will forever be owned by and inure to the benefit of Frontline.
   5. Necessary Equipment and Software. You must provide all equipment and software necessary to connect to the Training Program. You are solely responsible for any fees, including Internet connection or mobile fees, that You incur when accessing the Training Program.
3. User Content. The Training Program may enable You to provide, upload, link to, transmit, display, store, process, and otherwise use text, files, images, graphics, illustrations, information, data (including Personal Data as that term is defined in applicable laws), audio, video, photographs, and other content and material in any format (collectively, “User Content”). You acknowledge that Frontline has no obligation to pre-screen User Content, although Frontline reserves the right in its sole discretion to pre-screen, refuse, or remove any User Content. By accepting this Agreement, You provide Your irrevocable consent to such monitoring. You agree that You have no expectation of privacy concerning the transmission of User Content, including without limitation chat, text, or voice communications. You will have the sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and ownership of all of User Content. You will provide any notices and obtain any consents related to Your use of the Training Program and Frontline’s provision of the Training Program, including those related to the collection, use, processing, transfer, and disclosure of Personal Data. You agree that You must properly enter data, information, and other User Content and configure settings within the Training Program for it to operate properly. You will verify the accuracy of any of the User Content, forms, workflow, and configuration settings entered in the Training Program. You state that You are the owner of the User Content, or have obtained permission for such use from the owner of the User Content. As to any content or data made available to Frontline, You state that You have notified and obtained consent from all necessary persons (including parents, students, teachers, interns, aides, principals, other administrative personnel, and classroom visitors), and have taken all other actions that may be necessary to ensure that use of the Training Program or related materials provided or produced complies with all applicable laws and regulations as well as school or district policies. Subject to any applicable account settings that You select, You grant Frontline a fully-paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive, and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your User Content (in whole or in part) for the purposes of operating and providing the Training Program to You and to our other Registered Users.
4. Feedback. You agree that submission of any ideas, suggestions, documents, or proposals to Frontline by any means and in any medium (“Feedback”) is at Your own risk and that Frontline has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You state that You have all rights necessary to submit the Feedback. You grant to Frontline a fully-paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Frontline’s business.
5. Integration. You may, with or without Frontline’s assistance, integrate or otherwise use the Training Program in connection with third-party courseware, training, and other information and materials of third parties (“Third-Party Materials”) and Frontline may make certain Third-Party Materials available in connection with the Training Program. You agree that (a) Frontline is authorized to provide User Content to a specified third party or permit such third party to have access to User Content in connection with the Third-Party Materials; and (b) Frontline does not control and is not responsible for, does not warrant, support, or make any representations regarding (i) Third-Party Materials, (ii) User Content provided in connection with such Third-Party Materials, including a third party’s storage, use, or misuse of User Content, or (iii) Your uninterrupted access to Third-Party Materials.
6. Payments and Term. To enroll in the Training Course, You agree to permit automatic payment to be made electronically with the valid credit or debit card information provided by You in Your Account. The term of Your paid subscription begins on the day You first access the Training Program and will continue for three months or until You complete the Training Program, whichever is earlier. By submitting Your credit or debit card information, You authorize Frontline to charge Your credit or debit card the fees or charges applicable to Your Account as and when such fees and charges become due. Your agreement with Your credit or debit card issuer governs Your use of the designated credit or debit card and You must refer to that agreement to determine Your rights and liabilities in connection with Your use of Your credit or debit card. You agree to immediately notify Frontline of any change in Your billing address or the credit or debit card used for payment.
7. Taxes. Frontline’s fees are net of any applicable sales tax. If the Training Program, or payments for such, under this Agreement are subject to sales tax in any jurisdiction and You have not remitted the applicable sales tax to Frontline, You will be responsible for the payment of such sales tax and any related penalties or interest to the relevant tax authority, and You will indemnify Frontline for any liability or expense we may incur in connection with such sales tax.
8. Third Party Provider. Frontline uses Authorize.net (gateway) and Global Payments (merchant processor) (each, a “Payment Service Provider”) as its third party service providers for payment services (e.g., card acceptance, merchant settlement, and related services). By enrolling in the Training Program, You agree to be bound by the Payment Service Provider’s Privacy Policy, as applicable: (https://usa.visa.com/legal/privacy-policy.html, https://www.globalpaymentsinc.com/en-us/privacy-statement) and consent and authorize Frontline and the Payment Service Provider to share any information and payment instructions You provide with third party service provider(s) to the extent required to complete Your transactions.
9. Disclaimer of Warranties. Except as expressly provided, Frontline and its suppliers expressly disclaim all warranties, whether express, implied, or statutory, as to any aspect of the Training Program, including warranties of merchantability and fitness for a particular purpose. Frontline and its suppliers do not warrant that the Training Program or any associated technology will be uninterrupted, or error-free; nor do they make any warranty as to the results that may be obtained from use of the Training Program or associated technology. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to You. There is no guarantee that completion of this Training Program will result in certification or employment.
10. Indemnification. You will indemnify Frontline and its officers, directors, employees, and agents and hold them harmless from all liabilities, claims, expenses, and losses (including attorneys’ fees and expenses) arising from or related to any breach by You of this Agreement, including failure to obtain consent to provide Personal Data or otherwise private information about a person.
11. Limitations of Liability. Other than the fees, charges and expenses payable under this Agreement, in no event will either party be liable to the other party or any third party for indirect, incidental, special, consequential, or punitive damages, whether foreseeable or unforeseeable, of any kind whatsoever (including lost profits) arising from or relating to this Agreement or the use or non-use of the Training Program. Notwithstanding anything contained in this Agreement to the contrary, in no event will Frontline’s total liability arising from or relating to this Agreement, whether based on warranty, contract, tort (including negligence), product liability or otherwise, exceed the total amounts paid to Frontline by You during the 12 months immediately preceding the events giving rise to such claims. Each party acknowledges and agrees that the warranty disclaimers and liability and remedy limitations in this agreement are material, bargained for provisions of this Agreement and that fees and consideration payable reflects these disclaimers and limitations.
12. Termination. You have the right to terminate the Training Program subscription at any time for any or no reason. Frontline is permitted to terminate the Training Program subscription if it determines, in its sole discretion that You breached the terms of this Agreement. In the event of termination, Frontline shall be entitled to retain all monies received from You for the Training Program unless You have not launched the Training Program within 180 days from the date of registration, in which case You will receive a full refund of any payments received by Frontline.
13. Copyright and Trademarks. You acknowledge that all right, title, trademarks, and copyrights in and pertaining to the Training Program and related materials and aggregate data are the intellectual property of and are owned by Frontline; and are protected by law, including but not limited to the copyright and trademark laws of the United States. Except as expressly stated, this subscription does not grant You any intellectual property rights in the Training Program or its materials, and all rights not expressly granted are reserved by Frontline and its affiliated companies. Frontline Education and Frontline Substitute Teacher Training are common law or registered trademarks of Frontline. Elements of this website are protected by trade dress and other laws, and this website and its contents may not be copied or imitated in any way without the express written consent of Frontline Education.
14. E-mail Consent. The communications between You and Frontline may use electronic means, including Frontline posting of notices regarding the Training Program or communications with You via e-mail. For contractual purposes, You (1) consent to receive communications from Frontline in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Frontline provides to You electronically satisfy any legal requirement that such communications would satisfy if they were in writing. The foregoing does not affect Your statutory rights.
15. Privacy. Frontline recognizes the importance of respecting Your privacy in connection with the Training Program. The Frontline Privacy Policy (linked below) provides a description of how Frontline collects, uses, shares, and protects personal information gathered or processed through the Training Course, as well as the choices and access rights You have in regards to such personal information. For more information on Frontline’s privacy practices please review our Privacy Policy.
16. Governing Law, Venue and Equitable Remedies. Your enrollment/participation in the Training Program shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania other than the provisions thereof relating to the conflict of laws. Any dispute between Yourself and Frontline, may, at Frontline’s option, be resolved in the Court of Common Pleas of Chester County, Pennsylvania, or in the United States District Court for the Eastern District of Pennsylvania. You agree that money damages would not be a sufficient remedy for any breach of these terms and conditions, and that, in addition to all other remedies, Frontline shall be entitled to specific performance and injunctive or other equitable relief as a remedy for any such breach.
17. Dispute Resolution. Please read the following Arbitration Agreement in this section (“Arbitration Agreement”) carefully. It requires You to arbitrate disputes with Frontline and limits the manner in which You can seek relief from us.
    1. 1. Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to Your access or use of the Frontline technology, or to any aspect of Your relationship with Frontline, will be resolved by binding arbitration, rather than in court, except that (1) You may assert claims in small claims court if Your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) You or Frontline may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement will apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.
       If You agree to arbitration with Frontline, You are agreeing in advance that You will not participate in or seek to recover monetary or other relief in any lawsuit filed against Frontline alleging class, collective, or representative claims on Your behalf. Instead, by agreeing to arbitration, You may bring Your claims against Frontline in an individual arbitration proceeding. If successful on such claims, You could be awarded money or other relief by an arbitrator. You acknowledge that You have been advised that You may consult with an attorney in deciding whether to accept this agreement, including this Arbitration Agreement.
       2. Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, You must send a letter requesting arbitration and describing Your claim to our registered agent, The Corporation Trust Company, at Corporation Trust Center, 1209 Orange Street, Wilmington, DE 19801. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, will be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims will be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the Parties will select an alternative arbitral forum. If the arbitrator finds that You cannot afford to pay JAMS’s filing, administrative, hearing or other fees and cannot obtain a waiver from JAMS, Frontline will pay them for You. In addition, Frontline will reimburse all such JAMS’s filing, administrative, hearing or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Frontline will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.

          You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where You live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

       3. Authority of Arbitrator. The arbitrator, and not any federal, state or local court or agency will have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of You and Frontline. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon You and us.
       4. Waiver of Jury Trial. You and Frontline waive any constitutional or statutory rights to sue in court and have a trial in front of a judge or a jury. You and Frontline are instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as specified in Section 16.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
       5. Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this Arbitration Agreement must be arbitrated on an individual basis and not on a class basis, only individual relief is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. In the event that this subparagraph is deemed invalid or unenforceable neither You nor Frontline are entitled to arbitration and instead claims and disputes will be resolved in a court as set forth in Section 16.
       6. Waiver of Jury Trial. You and Frontline waive any constitutional or statutory rights to sue in court and have a trial in front of a judge or a jury. You and Frontline are instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as specified in Section 16.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
       7. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of Your decision to opt out to (a) the following address: Frontline, Attn: General Counsel, 1400 Atwater Drive, Malvern, PA 19355, or (b) the following email address: arbitration-opt-out@frontineed.com, within 30 days after first becoming subject to this Agreement. Your notice must include Your name and address, Your Frontline username (if any), the email address You used to set up Your Frontline account (if You have one), and an unequivocal statement that You want to opt out of this Arbitration Agreement. If You opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to You. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that You may currently have, or may enter in the future, with Frontline.
       8. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed and the remainder of the Arbitration Agreement will continue in full force and effect.
       9. Modification. Notwithstanding any provision in this Agreement to the contrary, Frontline agrees that if Frontline makes any future material change to this Arbitration Agreement, it will not apply to any individual claims that You had already provided notice to Frontline.
    2. Confidential Information. “Confidential Information” means any nonpublic information of Frontline, whether disclosed orally or in written or digital media, that is identified as “confidential” or with a similar legend at the time of such disclosure or that You know or should have known is the confidential or proprietary information of Frontline. Information will not constitute Frontline’s Confidential Information if it (i) is already known by You without obligation of confidentiality; (ii) is independently developed by You without access to or use of Frontline’s Confidential Information; (iii) is publicly known without breach of this Agreement; or (iv) is lawfully received from a third party without obligation of confidentiality. You will not use or disclose any Confidential Information except as expressly authorized by this Agreement and will protect Frontline’s Confidential Information using the same degree of care that You use with respect to Your own confidential information, but in no event with safeguards less than a reasonably prudent person would exercise under similar circumstances. You will take prompt and appropriate action to prevent unauthorized use or disclosure of Frontline’s Confidential Information. If any Confidential Information must be disclosed to any third party by reason of legal, accounting, or regulatory requirements, You will promptly notify Frontline of the order or request and permit Frontline (at its own expense) to seek an appropriate protective order.
    3. General. Notwithstanding anything to the contrary in this Agreement, Frontline will not be deemed to be in default of any provision of this Agreement for any delay, error, failure, or interruption of performance due to any reason beyond Frontline’s control, including any act of God, pandemic, terrorism, war, strike, or other labor or civil disturbance, interruption of power service, interruption of communications services, problems with the Internet, act of any other person not under the control of Frontline, or other similar cause. You may not assign or otherwise transfer this Agreement or any of Your rights or obligations without the prior written consent of Frontline. This Agreement may be amended only by written agreement of the Parties, and any attempted amendment in violation of this Section will be void. The waiver or failure of either Party to exercise in any respect any right provided under this Agreement will not be deemed a waiver of such right in the future or a waiver of any other rights established under this Agreement. To the extent the Parties are permitted under this Agreement to initiate litigation in a court, both You and Frontline agree that all claims and disputes arising out of or relating to this Agreement will be litigated exclusively in the state or federal courts located in Philadelphia, Pennsylvania. This Agreement does not confer any rights or remedies upon any person other than the Parties, except Frontline’s licensors. The words “includes” and “including” and their syntactical variations will be deemed followed by the words “without limitation.”