Thank you for your registering for the Frontline Health Portal (“Health Portal”) and/or for installing the companion smart-phone/tablet Frontline Health Portal Mobile Application (“Mobile App”). These two services have been developed by Frontline Technologies Group LLC dba Frontline Education (referred to as “Frontline” “we”, “us” or “our”) for use with Frontline’s School Health Management (“SHM”) and Mental and Behavioral Health Management (“BHM”) Solutions. These are the legal terms that govern the use of the Health Portal and Mobile App.
Frontline’s School Health Management (“SHM”) and Mental and Behavioral Health Management (“MBH”) Solutions are Web-based, electronic school health records software applications developed and provided by us to school districts under a Master Services Agreement to be used by district-authorized, school-based health care providers and administrators in documenting, tracking, analyzing and reporting of school health and mental and behavioral health services and other information related to students in your child(ren)’s school district (School District). All student information is contained in the School District’s Frontline database (Database) is hosted by us. Instead of using paper and pencil, SHM and BHM help make the process easier, more accurate and easily accessible to authorized individuals. Health services may include emergency or medication visits to the school nurse, immunizations and screenings given to your child and behavioral health visits to a school psychologist to name a few. Health services offered may vary by State and District, so check with your School District if you have questions as to what may be offered within SHM and MBH.
Your student’s health record is part of his or her educational record at the School District. The privacy of these records is protected by federal law (the Family Educational Rights and Privacy Act, 20 U.S.C. §1232g) and state law. If you are aware that you should not have access to your student’s educational record, do not register for access to the Health Portal.
In these Terms of Use, as either: (i) the parent, legal guardian or legal representative of a student(s) whose health records are recorded and stored in the Database or (ii) the student whose health records are recorded and stored in the Database and who is also over 18 years of age, we will refer to you as “you” or “your”. When we reference “parent”, we also mean a legal guardian, legal representative and/or the student over 18 years of age whose health records are recorded and stored in the Database.
The Health Portal is a secure, School District related web site hosted by Frontline on its servers located in a secure, third-party data center that allows authorized school health officials and you to communicate with one another, distribute and collect forms and permits you to view certain parts of your child’s or children’s health records on-line in a manner that is secure, private and complies with federal law. The Mobile App, available for free download in the App Store* or
When using the Health Portal, Mobile App or any future service provided by us to the School District (sometimes collectively the “Services”), you will be subject to these Terms of Use, our Privacy Policy (https://www.frontlineeducation.com/pages/privacy-policy/) and any posted guidelines, policies or rules applicable to specific features of the Services which may be posted from time to time (“Guidelines”). The Terms of Use, Privacy Policy and Guidelines and any future modifications to these documents are legal contracts between you and us. Access and use of the Health Portal and Mobile App are offered to you subject to your acceptance of and compliance with these Terms of Use without modification.
We want you to take the time to read these Terms of Use and provide us and the School District your agreement by an electronic signature along with clicking on the box. Your Electronic Signature, in this case, by accessing the Health Portal using the unique login and password associated with your account and typing in your name , will have the same legal effect as if you had signed a paper copy of these terms with a pen. From now on, every time you use your unique login information to gain access to the Health Portal and provide information to the School District, by signing a form with your typewritten name or some other mark indicating assent (such as /s/ or your initials), sending information by the Health Portal’s secure messaging or clicking on a box, it will constitute your Electronic Signature and you will be attesting to the truth of the information as if you had signed a paper copy of the document.
ALSO, BY CHECKING THE BOX “I HAVE READ AND AGREE TO THE TERMS OF USE AND THE PRIVACY POLICY”, COMPLETING THE REGISTRATION PROCESS AND/OR USING THE HEALTH PORTAL AND/OR MOBILE APP, YOU ARE STATING THAT YOU READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS.
In simple language:
By using or signing up for the Health Portal, whether accessing it via a computer or the Mobile App, you agree to these terms. By typing your name and agreeing to the Electronic Signature Agreement, you have created an Electronic Signature. Signing the form in this manner verifies the truthfulness of the information sent to the School District. Welcome to our parent products!
Since the purpose of the Health Portal and the Mobile App is to facilitate electronic communications between you and the School District concerning your student’s health and
As part of the initial account set-up and registration process for the Health Portal, you will be provided with a link to the Health Portal from the School District and prompted to provide several student identifiers, the email address you previously shared with the School District, and a new password. You will also be prompted to agree to the Terms of Use, provide your eSignature (Electronic Signature) and to change your password to a password of your choosing. You will be solely responsible for maintaining the confidentiality and use of your password, and agree not to transfer your use of, or access to, the Services to any third party. Once downloaded, the Mobile App has a similar self-registration process without the necessity of a link from the School District.
The School District has provided us with a contact list associated with your student. Unless the School District has specified among those contacts, which, if any should not have access to the Health Portal, we are using the following contacts by default:
If there is anyone on this list that you believe should not have access to the Health Portal, please contact the School District immediately to disable that contact from utilizing the Health Portal. If you are aware that you are not entitled to review your student’s health or educational records, please do not register for access to the Health Portal and delete the Mobile App.
We take the security of your student’s health information very seriously and so should you. Remember that the security of anything is only as good as the weakest link. Choose your passwords carefully: Always create a password that's easy for you to remember but difficult for someone else to figure out. Don't use your name, address, phone number, initials, Social Security number, license plate or birthday. Don't use names of your friends, family, or pets, company names, common numerical sequences or the word password. Do use a mix of special characters (including spaces), numbers, and upper- and lowercase letters. Also, remember to change your password frequently and never give your password to anyone.
Your password may not exceed 16 characters in length and the School District may require the use of specific characters. Some other security tips are contained in our Privacy Policy https://www.frontlineeducation.com/pages/privacy-policy/ . Be sure to check it out anytime for useful information.
The Health Portal and Mobile App are secure – but we cannot protect you or your privacy from unauthorized people who have obtained your username and password by stealth or your carelessness. If you print out information from the Health Portal or Mobile App, put the printed documents in a safe place where others will not be able to see or take the information. You are fully and solely responsible for any and all activities that occur through your account. You may only use your account to access the Health Portal and any use of another’s user’s account may lead to revocation of your account. We cannot and will not be liable for any loss and/or damage resulting from any use of your account which is unauthorized.
In the course of using the Health Portal and Mobile App, you may provide certain information to the School District and the School District may provide information to you. All information posted to or transmitted through the Health Portal and Mobile App is the responsibility of the person and/or entity that posted and transmitted it, and we will not be liable for any errors or omissions in any information or content created by others. You acknowledge that all information accessed by you using the Health Portal or Mobile App is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
In simple language:
You are responsible for any information you send through the Health Portal or Mobile App. You are also responsible for the security of your password, login information and any materials that may have been printed from the Health Portal or Mobile App. Review all the individuals with access to your student(s)’ records and report anyone who should not be authorized to the School District. Please be truthful, be careful with your password and only use your account for good not evil.
The Family Educational Rights and Privacy Act (“FERPA”) is a Federal law that protects personally identifiable information in a student’s education records from unauthorized disclosure. Parents, guardians and legal representatives have the right to access their student's education records, the right to ask the School District to change or correct the student record and the right to have some control over the disclosure of personally identifiable information from the education records. When a student turns 18, these rights under FERPA transfer from the parents to the student.
The School District your student(s) attend(s) has contracted with us to use the Services. When the School District entrusted us to host the Database, we became authorized as a contracted school official under FERPA (“School Official Exemption”) to handle personally identifiable information. The Database is under the direct control of the School District with respect to the use and maintenance of these health records and we may not disclose a student’s personally identifiable information to other parties unless we have specific authorization from the School District or you. Under the School Official Exemption, we do not require your consent to store or access student health data in connection with the School District’s use of the Services.
The forms, messages and information that pass through the Health Portal and Mobile App between you and the School District will most certainly contain a student’s personally identifiable information. While the services provided by us facilitate the communication and transfer of information between you and the School District, we do not exercise any control over any communications or information. By registering and using the services of the Health Portal and Mobile App, you agree that we and the School District may transfer your student’s personally identifiable health data to you through our secure Health Portal and Mobile App and that the School District can rely upon your communication and forms back to the School District to modify your student’s health record and take action on the information, including authorizing medical treatment, as is appropriate under the circumstances. If you wish to correct any information in your student(s)’ health record, you must contact the School District. We will not make any changes to any information flowing through the Health Portal or to the School District’s Database.
You may receive email and/or text message notifications (the “Notifications”) that there are secure communications in the Health Portal for you. The Notifications are NOT secure and will not contain personally identifiable student health information. The communications in the Health Portal are secure and can be accessed through the Mobile App which is also secure.
In simple language:
You agree under FERPA that the School District through the Services may use the Health Portal and Mobile App to communicate with you about your student’s personally identifiable health information as we have described. The Health Portal and Mobile App are secure. However, do not send health information to the School District via email or text.
As long as you are complying with all of our terms and conditions, we give you permission to access and use the Health Portal and Mobile App. They are available for your personal, noncommercial use.
In order to use the Health Portal and Mobile App, all of the following must be true: (i) you must be at least 18 years old and your account has not been closed, suspended or terminated under our Terms of Use as provided below; (ii) you are the student whose information is being provided or the student’s parent, legal guardian, or legal representative; (iii) you have agreed to be bound by the Terms of Use, Privacy Agreement and Guidelines, if any, and (iv) your use complies with all state and federal laws and regulations.
To comply with the federal Children's Online Privacy Protection Act (COPPA), we do not knowingly permit anyone under age 13 to use HealthOffice, the Health Portal and/or the Mobile App and do not knowingly collect any information from anyone under age 13. If we learn that information in the Health Portal has been provided by a person under age 13 using your account, we will contact the School District to investigate and assist the School District to purge the information from the Database.
You can stop using our Services at any time, although we’ll be sorry to see you go. Of course, if you leave, you may not be able to interact electronically with the School District via the Health Portal with respect to the health services provided to your student. You will not be able to participate in the COVID-19 contact tracing or respond electronically to the COVID-19 questionnaire. Should you no longer desire to use the Health Portal, contact your School District for further information on how information will be shared in the future without use of the Health Portal and Mobile App.
We or the School District may suspend or close your account, temporarily or permanently, at our and/or the School District’s discretion, if you or anyone using your login information, violates these Terms of Use or the Guidelines. Neither Frontline nor the School District will be liable to you or to any third-party for terminating your access to the Health Portal or Mobile App.
Circumstances may be such that we may stop providing the Services altogether, or add or create new limits to our Service or restrict your access to all or a part of the Service at any time without notice or liability to you or any third-party.
Access to and use of the Health Portal and Mobile App is free to you. However, any email or text messages you may receive on your personal computer, tablet or smart-phone are subject to your internet or telephone carrier’s normal rates and fees, such as text messaging and data fees, which may apply.
The right to access and use the Service is revoked in jurisdictions where it may be prohibited, if any.
In simple language:
You can use the Health Portal and Mobile App, as long as you follow the rules in these terms.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, including but not limited to, the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content (collectively “Content”) contained in the Services is owned, controlled or licensed by or to Frontline and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Frontline’s express prior written consent. You may not decompile, reverse engineer, or otherwise attempt to obtain the source code of any Frontline Service or technology. “Frontline Marks” means the trademarks, service marks, logos, or any other trade name, trademarks, service marks and other distinctive or proprietary brand features of Frontline and its software, Services and Content.
Using our Services do not give you ownership of any intellectual property rights in our Content or the Services. These terms do not grant you the right to use any Frontline Marks. Don’t remove, obscure, or alter any copyright or other legal notices displayed in or along with our Services. Frontline does not assert any claim of ownership or other rights in marks or content it does not own or is not licensed to Frontline.
Frontline will indemnify, defend and hold you harmless from and against all liabilities, damages and costs arising out of a thirds-party claim that any of the Services infringe upon or misappropriate any patent, copyright, trademark or trade secret of such third-party. If Frontline reasonably believes any part of the Services infringe upon the intellectual property of a third-party, Frontline, at its sole discretion, may (i) obtain your right to continue using the Services at our expense; (ii) change the infringing portion of the Services; or (iii) suspend or terminate use of the Services. You must promptly notify us of any claim. THIS INDEMNITY IS YOUR ONLY REMEDY UNDER THESE TERMS OF USE FOR BREACH OF A THIRD-PARTY’S INTELLECTUAL PROPERTY RIGHTS. Any feedback, comments and/or suggestions you provide to us or the School District relating to the Health Portal and/or the Services shall become the property of Frontline and may be used or incorporated into the Services without compensation to you.
In simple language:
Our Content is protected by law. We respect copyrights, trademarks and brands. Please respect ours, too! We welcome your feedback which will help to improve our Services.
We comply with the provisions of the Digital Millennium Copyright Act applicable to internet content providers. If you have any complaints or objections to material posted on the Health Portal you may contact our designated agent at the following address:
Frontline Technologies Group, LLC dba Frontline Education
1400 Atwater Drive
Malvern, PA 19355
Any notice alleging that materials hosted by or distributed through the Services infringe intellectual property rights must include the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of the material that you claim is infringing and where it is located on the Service; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
In simple language:
Your Content is also protected by law. Let us know if anything posted in the Health Portal infringes on your intellectual property.
You warrant, represent and agree that you will not use the Services in a manner that (i) infringes, violates or misappropriates another’s intellectual property rights, rights of publicity or privacy, or other rights; (ii) violates any federal, state or local law, statute, ordinance or regulation or which would render Company in violation of any applicable laws or regulations, including without limitation COPPA and FERPA; (iii) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (iv) jeopardizes the security of your account in any way, such as allowing someone else access to your account or password.
You will also abide by the following rules:
In simple language:
You agree not to use the Services in a way that harms others or violates anyone’s rights. We think you’ll be reasonable and responsible, but if you’re not, we might have to remove your content. If someone brings a claim against us related to your use of the Service, you promise to pay for the cost of legal expenses and any loss or damages we incur.
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
Disclaimer of Warranties. FRONTLINE DOES NOT PROMISE THAT THE SERVICES OR ANY CONTENT OR FEATURE OF THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SERVICES AND ALL CONTENT ON THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. FRONTLINE EXPRESSLY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE HEALTH PORTAL AND MOBILE APP, SERVICES, AND CONTENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF QUALITY, ACCURACY, PERFORMANCE, AVAILABILITY, MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FRONTLINE MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability. UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO CONTRACT, TORT OR NEGLIGENCE, SHALL FRONTLINE OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, LICENSORS, PARTNERS, MEMBERS OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF FRONTLINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO (i) THIS AGREEMENT; (ii) YOUR USE OR THE INABILITY TO USE THE SERVICES OR CONTENT; OR (iii) ANY INTERACTION WITH ANY THIRD PARTY THROUGH OR IN CONNECTION WITH THE SERVICES.
IN NO EVENT WILL FRONTLINE OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU IN THE AGGREGATE (FOR ALL POTENTIAL CLAIMS BY YOU) FOR ANY DAMAGES INCURRED IN EXCESS OF ONE HUNDRED DOLLARS ($100).
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
In Simple Language:
The Health Portal and Mobile App are free Services and are provided “as-is.” We’re not liable to you for damages if something goes wrong.
You agree that all matters relating to your access to or use of the Services, including all disputes, will be governed by the laws of the United States and by the laws of the State of Pennsylvania without regard to its conflict of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts located in Delaware, as Frontline is a Delaware limited liability company, and waive any objection to such jurisdiction or venue.
Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses subject to the Limitation of Liability in the above section of these Terms of Use. In the event of any controversy or dispute between Frontline and you arising out of or in connection with your use of the Services, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
You and Frontline agree that each 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 or representative proceeding. Further, unless both you and Frontline agree otherwise, a court may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
In Simple Terms:
It is our goal to quickly and efficiently resolve disputes that may arise. We are based in Pennsylvania and all lawsuits must be filed in Pennsylvania. Additionally, we each waive rights to bring class actions.
We may modify these Terms of Use to, for example, reflect changes to the law or changes to our Services. You should look at the Agreement regularly. We’ll post notice of modifications to the Terms of Use on our Website (www.frontlineeducation.com). Changes will not apply retroactively and will only become effective when (a) you use the Service after you know about the change, or (b) thirty days after they are posted (whichever is sooner). However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. Your continued use of the Services, following notice of the changes to the Terms of Use or Guidelines, constitutes your acceptance of our amended terms, policies or guidelines. If you do not agree to the modified Agreement, you should discontinue your use of the Service.
In Simple Language:
If these terms of use change, we will notify you, and give you a chance to terminate your use of the Services. We won’t change the terms retroactively.
These Terms of Use and Guidelines and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and Frontline regarding your use of and access to the Services. You may not assign or transfer the Terms of Use or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign or transfer our rights hereunder, at any time without notice. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms of Use constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of paragraph headers and the section “In Simple Language” in these Terms of Use are for convenience only and shall not have any impact on the interpretation of the substance of particular provisions. In the event that any part or parts of these Terms of Use are held to be invalid or unenforceable, the unenforceable part shall be given effect to the least extent possible and the remaining parts will remain in full force and effect. Upon your termination of the Services, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
Dated: October 15, 2020