Effective date : 01/01/2019
www.lumoslearning.com (herein referred to as Website) is owned, managed and operated by Lumos Information Services, LLC (hereinafter referred to as Company or We or Us or Our) a Limited Liability Company registered in New Jersey, USA with the registered address at PO Box 1575, Piscataway, NJ 08855
This Terms and Conditions is in addition to the General Terms of Use and Privacy Policy, which you will find in the footer of our website.
1. Your Consent
By Using our Website, you consent to Our Terms and Conditions of Use for Teacher Portal which includes General Terms of Use and Privacy Policy which you will find in the footer of our website.
By using this Website or any features thereof, You agree to be legally bound by the Clauses and Sub Clauses contained hereunder. In case You do not agree to any of the following Clause(s) or Sub Clause(s), You understand, acknowledge and agree that Your sole remedy against the Company is the cessation of further use of this Website.
2. Changes in Terms of Use
We reserve the right to modify and amend this Agreement in whole or in part at anytime. We shall notify any major amendment(s) in this Agreement by a ‘notice requesting perusal’ on the homepage, which shall run for fifteen (15) days from such amendment(s). All such amendments and updates shall come into effect immediately upon their posting on this Website page. You are, therefore, advised to visit this Website page periodically to remain informed about the latest changes effected to this Agreement. Your continued usage of this Website constitutes Your implied acceptance of the amended Agreement.
3. Terminology :
In these Terms of Use, The following terminology have the meanings set out below:
3.1 “Distribute” means to communicate to the public, users other than the licensed users, including copying, publication of electronic communication as well as written material and printed material.
3.2. “Confidential Information” means all content disclosed on the Site and any other information provided by Lumos Information Services, LLC to you in connection with the Site, including username and password access to the Site, but excludes information that you can prove
3.2.1. was in the public domain at the date of your access to the Site;
3.2.2. became part of the public domain otherwise than as a result of disclosure by you directly or indirectly in breach of these terms;
3.2.3. was in your possession at the time of disclosure by Lumos Information Services, LLC to you and was not otherwise acquired from Lumos Information Services, LLC directly or indirectly; or
3.2.4. was required to be disclosed by law;
3.3. “Content” includes but not limited to material, text, software, photographs, graphics, illustrations, artwork, video, music, sound, names, logos, trademarks, service marks, content, information, printed material, online information, books, resources, data, emails, recorded webinars, messages and any work or other subject-matter protected by copyright,
3.4. “Derivative Work” means material in any form that is created by editing, modifying, or adapting any Content on this Site,
3.5. ” Reproduce” means to make a copy of the Content of this Site in any material form (including but not limited to downloading, printing or storing in digital form),
3.6. “We,” “Company,” “Us” and “Our” are a reference to Lumos Information Services, LLC and where applicable any staff or independent contractors who may act on our behalf in connection with the site from time to time. And
3.7. “You” means you, the user of this site and your school principal (if you are acting on behalf)
4. Restrictions:
4.1 You will only use the Service as permitted by law and will not use it for any unlawful activity.
4.2 You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the Service.
4.3 You will not facilitate or encourage any violations of this Agreement or our policies.
4.4 You will not Reproduce or Distribute whole or a substantial part of this Site for any purpose.
4.5 You will not use in any manner any Content from this Site or any Derivative Work for any commercial purposes, including but not limited to:
4.5.1 directly or indirectly selling or licensing any Content or any Derivative Work;
4.5.2 selling access to the Content on this Site or any Derivative Work via a website, web address or by any other means;
4.5.3 gaining advertising or subscription revenue from Content or any Derivative Work by any means;
4.5.4 Reproduce or Distribute Content or a Derivative Work on, or in connection with, an external website, intranet site or equivalent media directly or indirectly for commercial purposes; or
4.5.5 creating lists of comparative school performance from Content on this Site directly or indirectly for commercial purposes;
4.5.6 use any Content on this Site or a Derivative Work, in a manner that is misleading or conveys inaccurate information to the public;
4.5.7 use Content on this Site or a Derivative Work and falsely or inaccurately represent either directly or indirectly that you, your website or your products, or that any other party, website or products, are connected with, or sponsored or approved by, us or any of our partners or associated entities or bodies; or
4.5.8 sub-license the Content on this Site or any Derivative Work.
4.6 Unless otherwise indicated, all Content on this Site is the subject of copyright, and may be the subject of the trademark, and/or other intellectual property rights.
4.7 Subject to these Terms, to the extent that Lumos Information Services, LLC has copyright in the Content of this Site or is otherwise permitted to grant a license or consent in the relevant terms, you are permitted to Reproduce and Distribute Content on this Site and any Derivative Work for your non-commercial or educational use. In doing so, it is a condition that you keep intact all copyright, trademark, and other proprietary notices.
4.8 Any violation of the above may be grounds for termination of your right to access or use the Service.
5. Company’s Liability:
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether, including, for example, if you do not comply with this Agreement or if we are investigating suspected misconduct. We may also stop providing Service to you, 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. Access to and use of the Services and content on this website itself is free for some resources, but in the future, we may offer new or additional special features which we may charge or change the free resources into chargeable ones.
We shall not be liable for damages or losses for use by unauthorized users, third party content, damages due to use of website and its content. We shall not be liable for warranty of any unauthorized users, third party content and damages thereby
6. Disputes
Any dispute or claim relating in any way to your use of any of our services or products, or to any products or services accessed through lumoslearning.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, Spiegel & Utrera. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Likewise, Licensor 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 county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
7. Applicable Law
By using any of our Service or Product, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of New Jersey, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise without giving effect to any Conflict of Laws provisions. We do not claim that this Website or the services offered on or through this Website are appropriate, legal or available for use in other locations. Accordingly, Your use of this Website is at Your own sole risk. You assume all knowledge of the applicable law and shall be responsible for compliance with any such law(s).
8. Contact Us :
If you have any questions about this Terms of Use Agreement for Educators, the practices of our websites, or your dealings with this web site, please contact us at:
Company: Lumos Information Services, LLC.
Phone: 888-309-8227
Fax: (866)283-6471
Email: support@lumoslearning.com
