Terms of Service

Effective Date: February 7, 2026

This document was AI-generated and should be reviewed by a licensed attorney before use. This does not constitute legal advice.

Welcome to CertifiedSub. These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Certified Sub ("we," "us," "our," or "Company"), governing your access to and use of the CertifiedSub website located at certifiedsub.org, including all associated services, features, content, and applications (collectively, the "Platform"). By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Platform.

These Terms apply to all visitors, registered users, students, affiliate participants, organizational administrators, and any other persons who access or use the Platform in any capacity.

1. Eligibility and Account Registration

1.1 Age Requirement

You must be at least eighteen (18) years of age to create an account or use the Platform. By registering for an account, you represent and warrant that you are at least eighteen (18) years old. If we learn that an account has been created by a person under the age of eighteen, we will terminate that account immediately.

1.2 Account Creation

To access certain features of the Platform, including purchasing and enrolling in courses, you must create an account. You may register using an email address and password or through a third-party authentication provider such as Google OAuth. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to keep it accurate, current, and complete.

1.3 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials, including your password. You agree to notify us immediately at learn@certifiedsub.org if you become aware of any unauthorized access to or use of your account. You are responsible for all activities that occur under your account, whether or not you have authorized such activities. We are not liable for any loss or damage arising from your failure to maintain the security of your account credentials.

1.4 One Account Per Person

Each User may maintain only one account. You may not create multiple accounts for the purpose of circumventing platform restrictions, abusing promotional offers, or any other reason. We reserve the right to merge or terminate duplicate accounts.

1.5 Account Accuracy

You agree not to impersonate any person or entity, or falsely state or otherwise misrepresent your identity, affiliation, or the origin of any content you submit through the Platform.

2. Course Access and License

2.1 License Grant

Upon purchasing or enrolling in a course or bundle on the Platform, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and view the course materials associated with your enrollment, solely for your own personal educational purposes and in accordance with these Terms.

2.2 Duration of Access

Your access to purchased course materials will remain available for as long as the content remains available on the Platform. We reserve the right to modify, update, or remove course content at any time. While we endeavor to maintain course availability, we do not guarantee perpetual access to any specific course, lesson, or material.

2.3 Restrictions on Use

You may not, and you agree not to:

  1. Copy, reproduce, download, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any course materials for any purpose other than your personal educational use, without our prior written consent.
  2. Share, transfer, assign, or sublicense your course access or account credentials to any other person or entity.
  3. Record, capture, screenshot, or otherwise create copies of video lessons, text content, PDF materials, quizzes, exams, or any other course content.
  4. Redistribute, republish, or make available course materials in any form, whether publicly or to any third party.
  5. Use course materials for commercial purposes, including but not limited to creating competing educational content or training programs.

2.4 Free Content

Certain courses or content may be made available at no cost. Free content is subject to the same license restrictions and terms as paid content. We reserve the right to change the availability or pricing of free content at any time without notice.

2.5 Bundle Purchases

When you purchase a bundle, you receive access to all courses included in that bundle at the time of purchase. If courses are later added to or removed from a bundle, your access is limited to the courses included at the time of your purchase, unless we expressly provide otherwise.

3. Payments, Pricing, and Refunds

3.1 Payment Processing

All payments are processed through Stripe, a third-party payment processor. By making a purchase, you agree to Stripe's terms of service and privacy policy in addition to these Terms. We do not store your full credit card information on our servers.

3.2 Pricing

All prices displayed on the Platform are in United States Dollars (USD) unless otherwise expressly indicated. We reserve the right to change prices at any time without prior notice. Price changes will not affect purchases already completed.

3.3 Coupon and Discount Codes

We may offer coupon or discount codes from time to time. Such codes are subject to any specific terms associated with each offer, including expiration dates, usage limits, and eligibility requirements. Coupon codes may not be combined unless expressly permitted. We reserve the right to void or revoke any coupon code that we determine has been obtained or used fraudulently or in violation of applicable terms.

3.4 Refund Policy

We offer refunds subject to the following conditions:

  1. Refund requests must be submitted within seven (7) calendar days of the original purchase date.
  2. You must have completed less than twenty percent (20%) of the total course content at the time of the refund request.
  3. Refund requests must be submitted by contacting us at learn@certifiedsub.org.
  4. If both conditions in subsections (a) and (b) are met, we will process a full refund to the original payment method. Refunds are typically processed within five (5) to ten (10) business days.
  5. If you have completed twenty percent (20%) or more of the course content, or if more than seven (7) calendar days have elapsed since your purchase, you are not eligible for a refund.
  6. Refunds for bundle purchases apply to the entire bundle and are subject to the same conditions above, calculated based on total content across all courses in the bundle.

3.5 Taxes

You are responsible for any applicable taxes associated with your purchase. Prices displayed on the Platform may not include applicable taxes, which will be calculated and applied at checkout where required.

3.6 Chargebacks

If you initiate a chargeback or payment dispute with your bank or payment provider, we reserve the right to suspend your account and revoke access to all course materials pending resolution of the dispute. Fraudulent chargebacks may result in permanent account termination.

4. Certification Disclaimer

4.1 Nature of Certification

Certificates issued by CertifiedSub upon successful course completion represent professional development and continuing education achievements. These certificates are NOT formal teaching credentials, state certifications, post-secondary education degrees, teaching licenses, or government-issued endorsements. Our certificates do not replace, substitute for, or satisfy the requirements of any state teaching certification program, credential board, or licensing authority unless expressly stated by that authority.

4.2 No Employment Guarantee

Completion of any course or receipt of any certificate through the Platform does not guarantee employment, job placement, salary increases, or acceptance by any school, school district, or educational organization. Hiring decisions are made solely by employing organizations at their discretion.

4.3 Varying Jurisdictional Requirements

Requirements for substitute teaching vary significantly by state, province, school district, and local jurisdiction across the United States and Canada. It is your sole responsibility to research, understand, and comply with all applicable laws, regulations, and requirements in the jurisdiction(s) where you intend to serve as a substitute teacher. While the Platform may provide informational resources about state and provincial requirements, such information is provided for general reference only and may not reflect the most current requirements. You should verify requirements directly with the relevant state department of education, school district, or licensing authority.

4.4 Certificate Verification

Certificates issued through the Platform include unique verification codes that allow third parties to verify their authenticity at certifiedsub.org/verify. Verification confirms only that a certificate was issued by CertifiedSub to a specific individual upon completion of a specific course; it does not constitute an endorsement of the certificate holder's qualifications, competency, or fitness for any particular position.

4.5 Completion Requirements

To earn a certificate, you must complete all required lessons in the applicable course and achieve a minimum overall grade of eighty percent (80%) on all graded assessments, including quizzes and exams. We reserve the right to modify completion requirements with reasonable notice to enrolled students.

5. AI-Powered Study Assistant

5.1 Description of Service

The Platform includes an AI-powered study assistant feature ("Study Buddy") that uses artificial intelligence technology provided by Anthropic (Claude) to offer educational support related to course materials. This feature is designed to help you understand course content, provide explanations, and offer study assistance.

5.2 Not Professional Advice

Responses generated by the AI study assistant are for general educational support only. They do not constitute professional advice of any kind, including but not limited to legal advice, medical advice, career counseling, or official guidance regarding teaching certifications or licensing requirements. You should not rely on AI-generated responses as a substitute for professional consultation or independent verification of information.

5.3 Accuracy Limitations

AI-generated content may contain inaccuracies, errors, or incomplete information. The AI study assistant may produce responses that appear plausible but are factually incorrect. You are responsible for independently verifying any information provided by the AI study assistant before relying on it. We do not warrant the accuracy, completeness, or reliability of any AI-generated responses.

5.4 Conversation Storage

Conversations with the AI study assistant are stored on our systems. These stored conversations may be used to improve the service, monitor for misuse, and provide continuity in your learning experience. By using the AI study assistant, you consent to the storage and processing of your conversations in accordance with our Privacy Policy.

5.5 Prohibited AI Uses

You agree not to use the AI study assistant to:

  1. Obtain answers to quiz or exam questions for the purpose of cheating or circumventing assessment integrity.
  2. Generate content that is harmful, threatening, abusive, defamatory, or otherwise objectionable.
  3. Attempt to manipulate, "jailbreak," or override the AI assistant's safety guidelines or operational parameters.
  4. Submit personal data of third parties into the AI assistant.
  5. Use the AI assistant for any purpose unrelated to the course materials or the Platform's educational mission.

6. Intellectual Property

6.1 Ownership

All content available on the Platform, including but not limited to course materials, video lessons, text lessons, PDF materials, quizzes, exams, certificates, graphics, logos, trademarks, service marks, blog posts, articles, the interactive state requirements map, website design, software code, and all other intellectual property (collectively, "Platform Content"), is the exclusive property of Certified Sub or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

6.2 Trademarks

"CertifiedSub," "Certified Sub," the CertifiedSub logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Certified Sub. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.

6.3 No Transfer of Rights

Nothing in these Terms grants you any right, title, or interest in any Platform Content beyond the limited license expressly granted in Section 2. All rights not expressly granted herein are reserved by Certified Sub.

6.4 User Feedback

If you provide any feedback, suggestions, ideas, or recommendations to us regarding the Platform or its content ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, modify, reproduce, distribute, and otherwise exploit such Feedback for any purpose without any obligation or compensation to you.

6.5 DMCA Compliance

We respect the intellectual property rights of others and expect Users to do the same. If you believe that any content on the Platform infringes your copyright, please submit a notice pursuant to the Digital Millennium Copyright Act ("DMCA") by contacting us at learn@certifiedsub.org with the following information:

  1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest.
  2. A description of the copyrighted work that you claim has been infringed.
  3. A description of where the allegedly infringing material is located on the Platform.
  4. Your contact information, including address, telephone number, and email address.
  5. A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  6. A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

7. User Responsibilities

7.1 Lawful Use

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You agree to comply with all applicable federal, state, provincial, local, and international laws, regulations, and rules in connection with your use of the Platform.

7.2 Personal Use Only

Course materials are licensed for your personal educational use only. You may not use course materials for commercial purposes, to train other individuals, or in connection with any business activity without our prior written consent.

7.3 Academic Integrity

You agree to complete all quizzes, exams, and assessments honestly and without the use of unauthorized assistance, including but not limited to sharing questions or answers with others, using the AI study assistant to obtain direct answers to assessment questions, or employing any other method intended to circumvent the integrity of the assessment process.

7.4 Progress Tracking Integrity

You agree not to attempt to circumvent, manipulate, or interfere with the Platform's video tracking, lesson completion tracking, progress monitoring, or any other systems designed to verify your engagement with course content. Artificially inflating your progress or completing requirements without genuine engagement with the material is a violation of these Terms.

7.5 Credential Security

You are responsible for safeguarding your login credentials and must not share your account access with any other person. Each account is for individual use only.

7.6 Compliance with Policies

If you are a substitute teacher or plan to become one, you are solely responsible for understanding and complying with all applicable school, school district, and jurisdictional policies, procedures, and requirements. Completion of courses on the Platform does not exempt you from any such obligations.

8. Prohibited Conduct

8.1

You agree not to engage in any of the following prohibited activities:

  1. Sharing, transferring, or allowing any other person to use your account or login credentials.
  2. Creating multiple accounts for the purpose of abusing promotions, circumventing restrictions, or any other deceptive purpose.
  3. Scraping, crawling, indexing, or using any automated system, robot, spider, or similar tool to access, retrieve, or collect content or data from the Platform.
  4. Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code, algorithms, or underlying structure of the Platform or any of its components.
  5. Circumventing, disabling, or otherwise interfering with any security, access control, digital rights management, or copy protection features of the Platform.
  6. Impersonating any person or entity, or falsely representing your affiliation with any person or entity.
  7. Uploading, transmitting, or distributing any viruses, worms, trojans, malware, or any other malicious or harmful code or content.
  8. Interfering with or disrupting the operation of the Platform, its servers, or networks connected to the Platform, including through denial-of-service attacks or similar activities.
  9. Using the Platform in any manner that could damage, disable, overburden, or impair the Platform or interfere with any other party's use of the Platform.
  10. Collecting, harvesting, or storing personal information about other Users without their express consent.
  11. Using the Platform to send unsolicited commercial communications, spam, or promotional materials.
  12. Attempting to gain unauthorized access to any portion of the Platform, other Users' accounts, or any systems or networks connected to the Platform.
  13. Reproducing, distributing, publicly displaying, or creating derivative works from any Platform Content, except as expressly permitted by these Terms.
  14. Framing or mirroring any part of the Platform without our prior written authorization.
  15. Using the Platform for any illegal, fraudulent, or unauthorized purpose.

8.2

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates these prohibitions, including without limitation removing content, suspending or terminating accounts, and reporting violations to law enforcement authorities.

9. Blog and Informational Content

9.1 General Information Only

Blog posts, articles, guides, and other informational content published on the Platform are provided for general educational and informational purposes only. Such content does not constitute professional advice, and you should not act or refrain from acting based solely on information obtained from such content.

9.2 No Guarantee of Accuracy

While we endeavor to provide accurate and up-to-date information, we make no representations or warranties regarding the accuracy, completeness, or timeliness of any informational content on the Platform. State and provincial teaching requirements, laws, and regulations are subject to change, and information presented on the Platform may not reflect the most current requirements.

9.3 Interactive Requirements Map

The Platform may include an interactive map displaying substitute teaching requirements by state or province. This map is provided for general reference purposes only. The information displayed may be incomplete, outdated, or inaccurate. You must verify all requirements directly with the relevant state department of education, school district, or licensing authority before relying on such information.

10. B2B and Group Enrollments

10.1 Organizational Accounts

Schools, school districts, educational organizations, and other entities ("Organizations") may purchase group enrollments on behalf of their employees, staff, or members. Group enrollments are subject to these Terms and may also be subject to separate agreements between the Organization and Certified Sub.

10.2 Organizational Responsibility

Organizations that purchase group enrollments are responsible for ensuring that their authorized users comply with these Terms. The Organization is responsible for managing access to the accounts it has provisioned and for promptly notifying us of any unauthorized access or misuse.

10.3 Separate Agreements

Group enrollment pricing, terms, and conditions may be established through separate written agreements between the Organization and Certified Sub. In the event of a conflict between such separate agreements and these Terms, the separate agreement shall control with respect to the Organization's group enrollment, provided that these Terms shall continue to govern each individual User's use of the Platform.

10.4 Individual User Obligations

Regardless of whether your account was provisioned through a group enrollment, you are individually bound by these Terms and remain personally responsible for your conduct on the Platform.

11. Affiliate Program

11.1 Participation

Certified Sub may offer an affiliate program that allows approved participants ("Affiliates") to earn commissions by referring new customers to the Platform. Participation in the affiliate program is by invitation or application and is subject to approval at our sole discretion.

11.2 Affiliate Terms

Affiliates must comply with all applicable affiliate program terms, guidelines, and policies as communicated by Certified Sub. We reserve the right to modify the affiliate program terms, including commission structures, payment terms, and eligibility requirements, at any time with reasonable notice to active Affiliates.

11.3 Commission Structure

Commission rates, payment thresholds, payment methods, and payment schedules are determined by Certified Sub and are subject to change. Changes to commission structures will apply to referrals made after the effective date of the change.

11.4 Prohibited Affiliate Conduct

Affiliates may not:

  1. Use misleading, deceptive, or false advertising to promote the Platform.
  2. Make claims about the Platform, its courses, or its certifications that are not authorized by Certified Sub.
  3. Engage in self-referrals or create fraudulent referrals.
  4. Use spam, unsolicited communications, or any illegal methods to generate referrals.
  5. Bid on or use CertifiedSub trademarks in paid search advertising without prior written approval.
  6. Misrepresent their relationship with Certified Sub.

11.5 Termination of Affiliate Status

We reserve the right to terminate any Affiliate's participation in the program at any time, for any reason, including but not limited to fraudulent activity, violation of these Terms, or violation of affiliate program guidelines. Upon termination, any pending commissions associated with fraudulent or non-compliant referrals will be forfeited.

11.6 FTC Compliance

Affiliates are required to comply with all applicable Federal Trade Commission ("FTC") guidelines regarding endorsements and testimonials, including prominently disclosing their affiliate relationship with Certified Sub in all promotional materials and communications. Failure to provide adequate disclosure may result in termination from the affiliate program.

12. Third-Party Services and Links

12.1 Third-Party Services

The Platform integrates with and relies upon third-party services, including but not limited to Stripe for payment processing, Google for authentication services, and Anthropic for AI-powered features. Your use of these third-party services is subject to the respective terms of service and privacy policies of those providers. We are not responsible for the acts or omissions of any third-party service provider.

12.2 Third-Party Links

The Platform may contain links to third-party websites, resources, or services that are not owned or controlled by Certified Sub. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we are not responsible or liable for any damage or loss caused by or in connection with your use of or reliance on any such third-party content, goods, or services.

13. Termination

13.1 Termination by Us

We may, in our sole discretion, suspend or terminate your account and access to the Platform, in whole or in part, at any time and for any reason, including but not limited to:

  1. Violation of these Terms or any applicable laws or regulations.
  2. Engaging in prohibited conduct as described in Section 8.
  3. Fraudulent, abusive, or unlawful activity.
  4. Extended periods of inactivity.
  5. At our discretion for any reason, with or without notice.

13.2 Termination by You

You may request deletion of your account at any time by contacting us at learn@certifiedsub.org. Upon account deletion, your access to purchased course materials will be terminated. Account deletion does not entitle you to a refund for any prior purchases unless the refund conditions in Section 3.4 are independently satisfied.

13.3 Effect of Termination

Upon termination or suspension of your account:

  1. Your license to access and use the Platform and all course materials is immediately revoked.
  2. You must cease all use of the Platform and any Platform Content.
  3. We may delete your account data in accordance with our Privacy Policy and applicable data retention obligations.
  4. Sections of these Terms that by their nature should survive termination will survive, including but not limited to Sections 4, 6, 13, 14, 15, 16, 17, 18, and 20.

13.4 No Liability for Termination

We shall not be liable to you or any third party for any termination or suspension of your account or access to the Platform.

14. Disclaimer of Warranties

14.1 AS-IS Basis

THE PLATFORM, INCLUDING ALL CONTENT, COURSE MATERIALS, CERTIFICATES, AI FEATURES, INFORMATIONAL RESOURCES, AND ALL OTHER SERVICES AND FEATURES, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

14.2 Disclaimer

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CERTIFIED SUB EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

14.3 No Guarantee of Results

WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT: (A) THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM YOUR USE OF THE PLATFORM WILL BE ACCURATE, RELIABLE, OR COMPLETE; (D) ANY ERRORS IN THE PLATFORM WILL BE CORRECTED; (E) COURSE COMPLETION OR CERTIFICATION WILL RESULT IN EMPLOYMENT, JOB PLACEMENT, OR ACCEPTANCE BY ANY SCHOOL OR ORGANIZATION; (F) INFORMATION PROVIDED ABOUT STATE OR PROVINCIAL TEACHING REQUIREMENTS IS CURRENT, COMPLETE, OR ACCURATE; (G) AI-GENERATED RESPONSES ARE ACCURATE, COMPLETE, OR RELIABLE.

14.4 Assumption of Risk

YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE PLATFORM.

14.5 Jurisdictional Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IN SUCH JURISDICTIONS, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, THE WARRANTIES ARE LIMITED TO THE SHORTEST DURATION AND NARROWEST SCOPE PERMITTED BY APPLICABLE LAW.

15. Limitation of Liability

15.1 Limitation

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CERTIFIED SUB, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF CERTIFIED SUB AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM, SHALL NOT EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO CERTIFIED SUB IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED UNITED STATES DOLLARS ($100.00), WHICHEVER IS GREATER.

15.3 Essential Purpose

THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY LIMITED REMEDY PROVIDED IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE.

15.4 Jurisdictional Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

16. Binding Arbitration and Class Action Waiver

16.1 Agreement to Arbitrate

You and Certified Sub mutually agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved exclusively through final and binding arbitration, rather than in court, except as set forth in Section 16.6 below.

16.2 Arbitration Rules

The arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, which are available at www.adr.org. If the AAA is not available to administer the arbitration, the parties shall agree to select an alternative arbitral forum. The arbitration shall be conducted by a single arbitrator.

16.3 Location and Procedure

Unless you and Certified Sub agree otherwise, the arbitration shall be conducted in the State of Texas. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing shall be determined by the AAA Rules.

16.4 Arbitrator's Authority

The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including but not limited to any claim that all or any part of these Terms is void or voidable. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based.

16.5 Class Action Waiver

YOU AND CERTIFIED SUB AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE, CLASS, OR COLLECTIVE PROCEEDING. IF THIS SPECIFIC PROVISION IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION SECTION SHALL BE NULL AND VOID, AND ALL DISPUTES SHALL BE RESOLVED IN COURT.

16.6 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Additionally, either party may elect to have claims heard in small claims court for disputes or claims within the jurisdiction of a small claims court, provided the claim is brought in the claimant's county of residence or in the State of Texas.

16.7 Opt-Out Right

You have the right to opt out of this arbitration agreement. To opt out, you must send a written notice of your decision to opt out to learn@certifiedsub.org within thirty (30) calendar days of first accepting these Terms. Your opt-out notice must include your full legal name, the email address associated with your account, and a clear statement that you wish to opt out of the arbitration agreement contained in these Terms of Service. If you timely opt out, you will not be bound by the arbitration provisions of this Section 16, but all other provisions of these Terms will continue to apply. If you do not opt out within the thirty (30) day period, you will be deemed to have agreed to this arbitration provision.

16.8 Arbitration Fees

Payment of arbitration fees shall be governed by the AAA's Consumer Arbitration Rules. If the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose, then the payment of all fees shall be governed by the AAA Rules and the arbitrator may award the other party its reasonable attorneys' fees and costs.

16.9 Survival

This Section 16 shall survive any termination of your account or these Terms.

17. Governing Law and Jurisdiction

17.1 Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Texas, United States of America, without giving effect to any choice or conflict of law provision or rule.

17.2 Jurisdiction

Subject to the arbitration provisions in Section 16, any legal action or proceeding arising out of or relating to these Terms that is not subject to arbitration shall be brought exclusively in the federal or state courts located in the State of Texas. You consent to the personal jurisdiction and venue of such courts and waive any objection to such jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum, or otherwise.

17.3 Cross-Border Use

If you access the Platform from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms are not intended to subject Certified Sub to the laws or jurisdiction of any country or territory other than the United States.

18. Indemnification

18.1

You agree to indemnify, defend, and hold harmless Certified Sub and its owners, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

  1. Your use of, or inability to use, the Platform.
  2. Your violation of these Terms.
  3. Your violation of any applicable law, regulation, or rule.
  4. Your violation of any rights of a third party, including intellectual property rights.
  5. Any content or information you submit, post, or transmit through the Platform.
  6. Your participation in the affiliate program, including any claims arising from your promotional activities.
  7. Your negligent or wrongful acts or omissions.

18.2

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without the prior written consent of Certified Sub.

19. Privacy

19.1

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.

19.2

For questions about our data practices or to exercise your privacy rights, please contact us at learn@certifiedsub.org.

20. General Provisions

20.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Platform, constitute the entire agreement between you and Certified Sub regarding your use of the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.

20.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be modified and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions of these Terms shall continue in full force and effect.

20.3 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Certified Sub to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

20.4 Assignment

You may not assign or transfer these Terms or your rights or obligations under these Terms, in whole or in part, without our prior written consent. We may assign our rights and obligations under these Terms without restriction and without notice to you. These Terms are binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

20.5 Notices

Any notices or other communications provided by Certified Sub under these Terms will be given by posting to the Platform or by email to the email address associated with your account. You are responsible for ensuring that the email address associated with your account is current and accurate. Notices sent by email will be deemed received on the date the email is sent. Notices posted on the Platform will be deemed received on the date of posting.

20.6 Force Majeure

Certified Sub shall not be liable for any delay or failure to perform resulting from causes outside of our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemic, epidemic, public health emergency, government orders, labor disputes, power failures, internet disturbances, or actions of third-party service providers.

20.7 Independent Contractors

Nothing in these Terms creates a joint venture, partnership, employment, or agency relationship between you and Certified Sub. Neither party has the authority to bind the other or to incur any obligation on the other's behalf.

20.8 Headings

The section and subsection headings in these Terms are for convenience of reference only and shall not affect the interpretation of these Terms.

20.9 Construction

These Terms shall not be construed against the drafter. Both parties acknowledge that they have had the opportunity to review these Terms and have agreed to them voluntarily.

20.10 Electronic Communications

By creating an account or using the Platform, you consent to receive electronic communications from us, including emails, notifications, and messages posted on the Platform. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

21. Changes to These Terms

21.1 Right to Modify

We reserve the right to modify, update, or revise these Terms at any time in our sole discretion. When we make changes, we will update the "Effective Date" at the top of these Terms.

21.2 Notification of Material Changes

For material changes to these Terms, we will make reasonable efforts to notify you in advance through one or more of the following methods: posting a prominent notice on the Platform, sending an email to the email address associated with your account, or displaying a notification upon your next login.

21.3 Continued Use

Your continued use of the Platform after the effective date of any modified Terms constitutes your acceptance of and agreement to the modified Terms. If you do not agree to the modified Terms, you must stop using the Platform and may request account deletion by contacting us at learn@certifiedsub.org.

21.4 Review Obligation

It is your responsibility to review these Terms periodically for changes. The most current version of the Terms will always be available on the Platform.

22. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us at:

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