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Terms of Use - Teacher Portal

Effective date : 01/01/2019

www.lumoslearning.com (herein referred to as Website) is owned, managed and operated by Lumos Information Services (DBA Lumos Learning) (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, Privacy Policy and Terms of Use for Educators/Teachers/ Schools

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, Privacy Policy and Terms of Use for Educators/Teachers/ Schools

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. Membership Eligibility:

To sign up to a Teacher account , you should

Be over 18 years of age and

Employed to work with students in a recognized Educational Institution (Your Educational Institution)

You are a teacher, school leader, aide, private tutor or other similar personnel Or

A Subscriber of School Up App as a Teacher, Tutor or school aide.

4. Acceptable Use of this site:

By Using this site, you acknowledge and agree that:

4.1. You have read, understood and agree to be bound by these Terms (as amended from time to time) and General Terms of Use, Privacy Policy and Terms of Use for Educators/Teachers/ Schools and any other notices on this Site, both of which are hereby incorporated into these Terms;

4.2. You warrant that you are an authorized representative of the school and as such, hold all necessary authority to grant Lumos Information services and its subsidiaries, if any, the license for any Content you upload to the Site under these Terms. This is a non-exclusive, worldwide applicable licence, limited to the duration of the subscription.

4.3. Information on this website is confidential. You agree to hold all information accessed by you from this website in confidence and not to disclose any of the information to persons outside of your school or school authority until the material is disclosed to the wider public by Us.

4.4. You agree not to disclose your username and password to persons outside your school or school authority for administrative account and maintain absolute secrecy of your individual account username and password.

4.5. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this website.

4.6. Company reserves the right to monitor all activity on this website and take reasonable action to protect this website from unauthorized use.

4.7. You further understand and acknowledge that COPPA prohibits online service providers from knowingly collecting personally identifiable information from children under 13 years of age without Consent, and you understand that we will not let children under the age of 13 use certain features of the Service unless you obtain verifiable parental consent from the child’s parent or legal guardian. Lumos Information Services will provide full access to or use of the Service to students under the age of 13 that you invite to the Service and it is your responsibility to obtain parental consent. The parental consent is to be obtained as per the format provided here.

4.8. Only teachers and staff members who are current employees of the Institution may use the Service on the Institution’s behalf. Upon termination of a teacher or other staff members employment with the Institution, such individual must return and cease using all login details and student access he or she has in his or her possession. If at any time you learn a user of the Service claims to be affiliated with your Institution who is not, infact, affiliated with your Institution, you will notify Company immediately. In addition, the subscriber can be an individual teacher or a tutor.

4.9. The Service is available for your personal or institutional use only and not for commercial use.

4.10. You are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available via the Service. The Company does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Lumos Information Services be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, transmitted or otherwise made available via the Service.

4.11. As a teacher or tutor you’ll need to enter the class year (e.g., first grade) and the names of the students in your class (these may or may not be the student’s actual first and last names – it is entirely the teacher’s choice what they enter here: for example, teachers could enter ‘Full name’, ‘Nickname’, ‘initials’, or ‘Student number’ to describe the same person).

4.12. As a teacher, tutor or school leader, you can invite your students’ to join the Service, for example by providing their Username and password. We will collect and store the information you provide with these requests, and will also treat this as personal information in accordance with this Privacy Policy. If these individuals would like to request deletion of their information, they may contact us directly at support@lumoslearning.com. Please note that it is not mandatory to provide email id of students, and it is purely based on your discretion after obtaining prior parental consent.

4.13. As a teacher, tutor or school leader, you can customize assignments, the list of feedback points, put up stickies messages to encourage and assist your student to learn. These can be viewed by the general public or be private based on the selection you make. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. A student’s feedback points can only be viewed by that student, the teacher who awarded them.

4.14. As a teacher, tutor or school leader, you can privately message with individual students that have signed up for the Service, or send broadcast messages to all students/ public at once, using the Stickie feature. Teachers can send messages, which can also include things such as photos, videos, and virtual stickers. As a teacher, tutor, school leader, your name and profile photo may be displayed to the person with whom you are messaging, and if you are a teacher, tutor or school leader, you may receive a ‘read receipt’ showing how many students have read your message. We will store messages, and any content sent with the messages (e.g., photos) for a limited time, to provide the Service, and to help teachers and school leaders keep a log of their communications with students.

4.15 The Content shall be considered unacceptable at the sole discretion of Lumos Information system, whose decision shall be final. Lumos Information Services reserves the right to delete or take down any inappropriate content.

5. Validity:

5.1 The subscription is valid for a period of One year only, unless otherwise specified.

5.2 Apart from the Termination clauses mentioned in General Terms of Use, the company reserves the right to delete the user account if found inactive beyond 180 days.

5.3 The subscription can be a Free teacher account or monthly or yearly subscription as opted by you and the services provided will be inline with the subscription opted. To know more about the services provided under various options, click here

6. Account Activation and Cancellation Policy:

The StepUp account activation will be within five business days of registration and payment.

The free account will be activated immediately on registration.

Any cancellation of StepUp subscription should be within seven days. No refund will be given for cancellation requests received after seven days of activation.

You can change your account from paid to free account using the billing section of the portal. The refund in such cases will be done on a prorata basis within 1 working day.

The subscriptions, both monthly and yearly that you take will be recurring subscriptions and will be renewed accordingly on the set date until cancellation by you. The billing will be based on the card details provided by you at the time of subscription.

7. Purchase Information:

Apart from the Purchase Terms mentioned in the General Terms of Use, the following terms will be applicable.

In the case of Tutor or Teacher (not subscribing through Schools), payment for subscriptions and purchases can be made using credit cards or any other supported online payments. This information is not disclosed by Us, and we submit the information needed to secure payment only to the appropriate clearinghouse. If the User wishes to use a credit card for purchases, a telephonic request for the same can be made to Us and we provide necessary support for such purchases while keeping the details confidential.

8. Disclaimer:

The Lumos Coherence Map has been developed to help educators and students visually explore the learning standards. It has been developed as a tool to help students progress through the learning standards and for teachers to develop their own pacing charts and lesson plans. The coherence map usage does not guarantee that student performances will improve when the coherence maps are used.

The progress of student(s) shown in the assignments and various online programs is with reference to their performance in these assignment(s) and the online programs. These assignments and programs are to help the student(s) to prepare, and Company does not guarantee that this will reflect their performance in Assessments conducted by the State.

The Lumos Teacher certification is a certification for teachers on use of Lumos Teacher portal only and does not provide qualification or certify for teaching capabilities in School or as a private tutor.

The Write Metrics information about spelling and grammatical errors are provided to help teacher while grading the student and to compare student performances and is not the sole criteria for the teacher to grade the student. The teacher must look into the relevant rubrics and the sample answers provided to grade and guide the student in addition to Write metrics information.

9. 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.

10. 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).

11. Contact Us:

If you have any questions about this Terms of Use Agreement for Teachers portal, the practices of our websites, or your dealings with this web site, please contact us at:
Company: Lumos Information Services
Phone: 888-309-8227
Fax: (866)283-6471
Email: support@lumoslearning.com

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