End User License Agreement and Terms of Use for Kelly Education Learning Pathways™ Platform (“Terms of Use”)

Welcome to the Kelly Education Learning Pathways™ platform. Kelly Education Learning Pathways is owned and operated by Kelly Education, a division of Kelly Services, Inc. ("Kelly Education", "We", "Us", or "Our") and serves as the platform for accessing training courses, which includes individual training content (“Training Courses”) and for substitute teachers and other educational staff. By accessing or using Kelly Education Learning Pathways, You agree to be bound by these Terms of Use and Our Privacy Policy. The term “You”, “Your”, “Yourself” refers to any individual using the services. These Terms of Use are effective as of the date on which You first access the Training Courses and click on the “I Accept” button (the “Effective Date”). If You do not agree with the Terms of Use or Our Privacy Policy, You should not access this website or utilize any of its services.

Acceptance of Terms of Use. These Terms of Use govern Your use of Kelly Education materials including all features and functionalities, this website and user interfaces, and all associated course content.

1. Access and Account Creation

1.1. By using, visiting, or browsing Kelly Education Learning Pathways, You accept and agree to be bound by these Terms of Use.

1.2. These Terms of Use are an ongoing agreement between You and Kelly Education and apply to Your use of the Kelly Education products and services as made available.

1.3. In creating an Account, You agree to (a) provide true, accurate, current, and complete information about Yourself (as prompted by the account creation form “Account”); and (b) maintain and promptly update the Account to keep it true, accurate, current, and complete. If You wish to participate, You must create an account, which is required to interact with the Training Courses. If You provide any information that is untrue, inaccurate, not current, or incomplete, or Kelly Education has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Kelly Education has the right to suspend or terminate Your Account and refuse any and all current or future access to or use of the website and/or any Training Courses (or any portion thereof),. In the event of such occurrence, Kelly Education will not reimburse you for payment made in order to access Training Courses. 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. Kelly Education reserves the right to terminate or restrict Your use of Our services or products, without notice, for any reason whatsoever.

1.4. Kelly Education reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, unprofessional usernames or claims by a third party that a username violates the third party’s rights.

1.5. You may not share Your Account or password (collectively, Your “Access Credentials”) with anyone, and You agree to (i) promptly notify Kelly Education 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.

1.6. 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 Kelly Education.

1.7. You must provide all equipment and software necessary to connect to the Training Courses. You are solely responsible for any fees, including internet connection or mobile fees, that You incur when accessing the Training Courses.

2. Changes to Terms of Use

2.1. Kelly Education reserves the right, from time to time, with or without notice to You, to modify the Terms of Use in Our sole and absolute discretion.

2.2. The most current version of the Terms of Use will supersede all previous versions.

3. Website Use

3.1. While visiting the Kelly Education website, the system will recognize You as an anonymous user with a distinct IP address.

3.2. You will only be able to browse through our Training Courses until an Account has been created and payment for such Training Courses has been processed.

3.3. Any action(s) deemed destructive, abusive, negative, or otherwise by Kelly Education while using the Training Courses will result in cancellation of Your Account with Kelly Education without refund.

4. Membership, Billing, and Prices

4.1. To enroll in Training Courses and/or to access Training Content, You agree to permit automatic payment to be made electronically with the valid credit or debit card information provided by You in Your Account.

4.2. The term of Your paid subscription begins on the day You first access the Training Course and will continue for three (3) months or until You complete the Training Course, whichever is earlier.

4.3. By submitting Your credit or debit card, or payment provider information, You authorize Kelly Education to charge Your credit or debit card or payment provider 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 or payment provider governs Your use of the designated credit or debit card or payment provider and You must refer to that agreement to determine Your rights and liabilities in connection with Your use of Your credit or debit card or payment provider. You agree to immediately notify Kelly Education of any change in Your billing address or the credit or debit card or payment provider used for payment.

4.4. All purchases are final and non-refundable.

4.5. Prices are subject to change without notice.

4.6. Fees for Training Course access are net of any applicable sales tax. If the Training Course, or payments for such, under these Terms of Use are subject to sales tax in any jurisdiction and You have not remitted the applicable sales tax to Kelly Education, 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 Kelly Education for any liability or expense We may incur in connection with such sales tax.

4.7. Third Party Provider. Kelly Education uses Authorize.net (gateway) as its third-party service provider for payment services (e.g., card acceptance, merchant settlement, and related services). By enrolling in Training Courses, 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 Kelly Education 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.

5. Training Content

5.1. The Training Courses on the Kelly Education Learning Pathways are designed to provide You with general information and guidance on various topics related to education, teaching, and learning. The Training Courses are not intended to be comprehensive, exhaustive, or authoritative. You are responsible for verifying the accuracy, completeness, and applicability of any Training Courses before relying on it. You are also responsible for complying with any laws, regulations, policies, or standards that may apply to Your use of the Training Courses or Your employment or potential employment.

5.2. All the content on the Kelly Education Learning Pathways , including but not limited to text, graphics, images, videos, audio, quizzes, assessments, and other materials (collectively, the "Content"), is the exclusive property of Kelly Education or its affiliates or subsidiaries and is protected by copyright, trademark, and all other laws. You may not copy, reproduce, distribute, modify, create derivative works of, or publicly display any Content without Our prior written consent.

5.3. Taking a Training Course and completing associated assessments do not guarantee a substitute teaching job and Kelly Education explicitly makes no representations in this regard.

5.4. You will have a limited, non-exclusive, non-transferable, revocable license to access and use the Training Course for Your personal, non-commercial, and educational purposes only. You may not use the Training Course for any other purpose or in any manner that violates these Terms of Use or any applicable law.

5.5. You may not sell, rent, lease, or share any Content or Your access to the Kelly Education Content or materials with any third party. You may not remove, alter, or obscure any copyright, trademark, or other proprietary notices on any Content.

5.6. Except as expressly provided, Kelly Education and Our suppliers expressly disclaim all warranties, whether express, implied, or statutory, as to any aspect of the Training Courses, including warranties of merchantability and fitness for a particular purpose. Kelly Education and Our suppliers do not warrant that the Training Courses or any associated technology will be uninterrupted, or error-free; nor do We make any warranty as to the results that may be obtained from use of the Training Courses or associated technology. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to You.

6. Privacy

6.1. When creating an Account with Kelly Education, You will be required to release certain contact information about Yourself.

6.2. Kelly Education agrees never to misuse, share, or sell any information gathered as a result of the registration process and will keep such information private.

6.3. Only aggregated, data is periodically transmitted to external services to help Us improve. Kelly Education currently uses third parties for email and eNewsletter subscription management. Kelly Education reserves the right to either add or remove these or other services at any time.

6.4. You agree that submission of any ideas, suggestions, documents, or proposals to Kelly Education by any means and in any medium (“Feedback or Comments”) is at Your own risk and that Kelly Education has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback or Comments. You state that You have all rights necessary to submit the Feedback and/or Comments. You grant to Kelly Education 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 or Comments, and to sublicense the foregoing rights, in connection with the operation and maintenance of Kelly Education.

7. Electronic Communications

7.1. By using the Kelly Education website, You consent to receiving communications from Kelly Education.

7.2. These communications may include notices about Your account (purchasing, password, username, confirmations, etc.)

7.3. These communications may also include information concerning or relating to Our services, such as promotions, contests, products, etc.

8. Limitations on use

8.1. You must be 18 years of age or older or have the consent of your parent or legal guardian to create an Account.

8.2. Kelly Education cannot control who accesses our site, and as such, We do not intentionally try to collect information from individuals 13 years of age or younger.

8.3. Unless otherwise specified or agreed to in writing, products and services are for personal use as professional development and not for commercial use.

8.4. As a registered user, You may not:
8.4.1. Download (other than through page-caching necessary for personal use, or as otherwise expressly permitted by these Terms of Use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained in, or obtained from or through, Kelly Education, including, but not limited to, information contained within Content and emails, without the express written consent of Kelly Education.

8.4.2. Circumvent, remove, alter, deactivate, degrade, or thwart any of the Content protections in the Kelly Education website.

8.4.3. Frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (text, images, page layout, etc.) without permission of Kelly Education.

8.4.4. Purchase search terms or use any meta tags or any other hidden text utilizing Kelly Education name or trademark without Kelly Education’s written consent.

8.5. Any unauthorized use of Kelly Education services or Training Courses will result in immediate termination of these Terms of Use and will result in cancellation of Your Account without refund, and expulsion of Your IP address.

9. Indemnification and Liability

9.1. You will indemnify Kelly Education 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 these Terms of Use, including, but not limited to, failure to obtain consent to provide personal data or otherwise private information about a person.

9.2. Other than the fees, charges and expenses payable under these Terms of Use, in no event will Kelly Education be liable to You 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 these Terms of Use or the use or non-use of the Training Courses. Notwithstanding anything contained in these Terms of Use to the contrary, in no event will Kelly Education’s total liability arising from or relating to these Terms of Use, whether based on warranty, contract, tort (including negligence), product liability or otherwise, exceed the total amounts paid to Kelly Education by You during the twelve (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 these Terms of Use are material, bargained for provisions of these Terms of Use and that fees and consideration payable reflects these disclaimers and limitations.

9.3. We are not liable for damages, direct or consequential, resulting from Your use of the website or Training Courses, and You agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney’s fees) arising from Your violation of any third-party’s rights. Agreeing to this policy means You are agreeing to take full responsibility for Your actions.

10. Links

10.1. Some pages within Kelly Education link to other third-party websites. Kelly Education is not responsible for content on other third-party websites; nor are We responsible for their actions.

10.2. Other third-party webpages link to Kelly Education. Kelly Education is not responsible for content on those third-party websites, and we are not responsible for their actions.

11. Dispute Resolution

Any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, shall be settled by binding arbitration by a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) that are effective at the time of filing of the claim. Any such arbitration shall be conducted in or near Troy, Michigan. A judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Each side shall pay its own costs and attorneys’ fees, if any, unless the Arbitrator rules otherwise. Notwithstanding any of the foregoing, nothing in these Terms of Use shall prohibit or restrict either party from pursuing all lawful recourse and remedies it may have, including injunctive relief, to protect its proprietary rights, confidential information, or effect collection of payments for invoices due hereunder.

12. Governing Law, Venue and Equitable Remedies.

Your enrollment/participation in the Training Material and/or Training Content shall be governed by and construed in accordance with the laws of the State of Michigan other than the provisions thereof relating to the conflict of laws.