THIS PAGE PROVIDES GENERAL INFORMATION ABOUT THE TERMS AND CONDITIONS FOR USE OF THIS WEBSITE. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE BE SURE TO READ THIS AGREEMENT WITH YOUR PARENTS OR GUARDIAN AND ASK QUESTIONS ABOUT THINGS YOU DO NOT UNDERSTAND.
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
All the previous understandings and agreements (written or oral) among the parties hereto pertaining to the subject matter contained hereunder stand superseded by the provisions contained herein.
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.
We reserve the right to modify and amend this Agreement in whole or in part at any time. 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.
In order to use the services offered on or through this Website, You shall register on this Website by filling and submitting the Registration Form available on the Website. Upon verification of the email address provided by You during the registration process, Your membership to the Website shall be confirmed. Membership to the Website is void where prohibited.
2. Representations and Warranties
2.1. By registering on this Website or using or accessing any features thereof, You represent and warrant that:
2.2. You have the right, authority, and capacity to enter into this legally binding Agreement. You shall abide by all the terms and conditions set forth herein;
2.3. Your use of any of the features provided on or through this Website does not violate any applicable law, rules or regulations or the rights of any third party, any disclosure of Your password to any third party;
2.4. All the information You provide to the Company, at any time, is truthful and accurate;
2.5. You shall, at all times, keep Your information with the Company current and updated;
2.6. You will not promote/exhibit any kind of obscenity on the Website either directly or indirectly; and
2.7. You shall not use any feature(s) available on or through this Website to with an intention to defame, slander, avenge or take revenge or express your anger/emotions against any company or person in any manner or capacity whatsoever.
If We found out, in Our sole discretion, that You have violated any of the aforementioned representations or warranties or any of the provisions contained in this Agreement, We reserve the right to temporarily suspend or permanently terminate Your membership of the Website. Further, in such cases, We reserve the right to delete all Your ratings and comments You may have posted on this Website.
In order to use the features provided on or through this Website, You will be given Your preferred Login ID and password after completing the registration process. For security reasons, We recommend the use of a combination of alphabets, numbers and special characters as Your password and keep it Confidential. You shall be required to key in Your Login ID and the corresponding password to use the services provided on or through this Website.
4. Membership Terms
4.1. You are solely responsible and liable for:
4.2. maintaining the secrecy, confidentiality and safety of Your password;
4.3. any disclosure of Your password to any third party;
4.4. using the account, username, or password of another member, at any time;
4.5. all uses of Your account, whether authorized or unauthorized; and
4.6. notifying Us immediately, in case You suspect any unauthorized use of Your account or access to Your password.
5. Term and Termination
The term of this Agreement is the duration of your usage of this Website either as a member or a user or a visitor or in any other capacity that entails availing any of the services offered on or through this Website.
6.1. By Member
The membership of this Website can be terminated by the members at any time without eliciting any reason whatsoever by sending Us a request for the same or by managing their Account. We shall process all such termination requests on priority. However, in case of paid subscriptions, the request for termination and refund will be as per the terms specified during subscription. Once Your membership is terminated by the Company, You shall be subjected to the provisions contained herein as an ordinary visitor of the Website, in case You visit this Website after such requested termination. In all such cases of requested termination, You shall be eligible to re-register on the Website and use the services in pursuance thereof.
6.2. By Company
7. Consequences of Termination
7.1. All the relevant Clauses and Sub Clauses survive the termination of this Agreement.
7.2. We shall delete all Your data and information from Our Website. However, We reserve the right to retain all Your information on Our secure servers in order to meet Our legal obligations for such duration of time as governed by the applicable law.
7.3 You will not have access to the portal after termination except for the free resources available on the website.
8. License and Ownership of Content
8.1. This Site, including all its Content, is protected under applicable intellectual property and other laws, including, without limitation, the laws of the United States and other countries. All Content, except for the content, Videos, Apps linked to Third party sites, are the intellectual property of Lumos Information Services. All our Content and intellectual property is protected pursuant to applicable Intellectual Property Laws. We provide License only for Content, services, videos and Apps which are intellectual property of Lumos Information Services and the License for any content, video or App provided by Third Party is to be obtained after complying to the Third Party policies by the User. The content created by users will be the intellectual property of the creator and the responsibility of not loading copyrighted content lies with the content uploader. If you come across any copyrighted content, then you may write to us with applicable evidence of the same. On verifying the same, We shall remove the content or take suitable action as applicable.
8.2. The presence of any Content on this Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Site. Except as otherwise provided herein, none of this Content may be sold, used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
8.3. Permission is hereby granted for the Content, video and Apps licensed by Lumos Information Services to the extent necessary to lawfully access and use this Site and to display, download, or print portions of this Site on a temporary basis and for your personal, educational, non-commercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media.
8.4. To request permission to reuse or republish material copyrighted by Lumos Information Services, please contact us. We cannot grant permission to reuse or republish material from other information providers.
8.5. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that Content, including Content created by users or third parties, infringe your copyright, you (or your agent) may send Lumos a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Lumos to locate the material on the Lumos site; (d) the name, address, telephone number and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Lumos a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to: email@example.com. Lumos suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
9. User submitted Content
We do not claim any ownership rights in the text, files, company ratings, reviews, comments, blog posts, images, photos, video, sounds, graphics, logos, artwork, musical works, works of authorship, or any other materials (hereinbefore and hereinafter, collectively referred to as ‘Content’) that are posted by the members of the Website using any of the interactive features provided on or through this Website.
By posting any Content on or through this Website, You hereby grant Us a worldwide, limited, non-exclusive, irrevocable, fully paid, royalty-free, and sublicensable license to use, modify, publicly perform, publicly display, adapt, reproduce, and distribute such Content on or through this Website or any online or offline media that the Company develops in future. This limited license enables Us to provide efficient and timely services to the users of this Website without interfering with their proprietary rights.
- This license lasts for as long as Your content is protected by intellectual property rights.
- If You remove from Our services any content that’s covered by this license, then our systems will stop making that content publicly available in a reasonable amount of time. There are two exceptions:
- If You already shared your content with others before removing it.
- If You make your content available through other companies’ services, it’s possible that search engines will continue to find and display your content as part of their search results.
- 11. Website Content
Apart from the User submitted Content, and the Content owned by Us, this Website also contains the Content, which is Third party content. Such Content is protected by copyright, trademark, patents, trade secret and other laws relating to the Intellectual Property of Third Party. User needs to comply to the policies specified by these Third Party providers to use their content. Any use of Website Content outside the scope of this License shall amount to contravention of this Agreement and We reserve the right to suspend and/or terminate Your membership at any time after We determine, in Our sole discretion, that You are in violation of License terms.
12. User submitted Content
12.1. Your Representations and Warranties:
12.2. By posting any Content on or through this Website, You represent and warrant that
12.3. You own such Content or otherwise have the right to grant the license set forth;
12.4. such Content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person;
12.5. such Content does not violate any of the provisions contained in this Agreement or any applicable law;
12.6. You may pay all the royalties, fees, and any other amount owing to any person by reason of the posted Content being proprietary to a third person;
12.7. You shall be solely responsible for violation of any mutual agreement between You and the actual owner of the Content, in case You are not the owner of the posted Content;
13.1. The Company disclaims any liability arising out of the User submitted Content and nothing contained herein is intended to waive, remove, or usurp such immunity.
13.2. The User submitted Content is the sole responsibility of the posting member. The Company does not claim any control over the User submitted Content nor does the Company endorse such User submitted Content. Further, the User submitted Content is not necessarily reviewed by the Company prior to posting and does not necessarily reflect the opinions or policies of the Company. We make no warranties, express or implied, as to the User submitted Content or to the accuracy and reliability of such Content.
13.3. We assume no responsibility for monitoring any User submitted Content. However, We shall be free to exercise Our discretion any time without assigning any reason to anyone to monitor the User submitted Content. We disclaim any responsibility or liability (i) for the User submitted Content; (ii) to modify or remove any inappropriate Content; and (iii) for the online or offline conduct of the user submitting any such Content.
13.4.Your access to, and use of, this site is on an “as is, as available” basis;
13.5.Any Content we communicate using this Site is in good faith as general information only, and is not in the nature of advice. We derive our Content from sources we believe to be accurate and current as at the date of publication, but we reserve the right to correct or update Content at any time;
13.6.you will indemnify us against any loss or damage we may suffer, howsoever caused (including through negligence), as a result of, or in connection with, the use or misuse of this Site or its Content by you;
The Company may, in its sole discretion, delete any User submitted Content that violates this Agreement or which, in Our sole judgment, may be offensive, illegal or violate the rights, or harm, or threaten the safety of any person. The Company further reserves the right to investigate and take appropriate legal action against anyone who, in its sole discretion, is found to be in violation of its Acceptable Use Policy (AUP) detailed hereunder. Such action may include, without limitation, removal of the offending Content from the Website and terminating the membership of such violator(s).
15. Acceptable Use Policy (AUP)
The following is a non-inclusive list of content, which is not permitted to be posted by the users of this Website (hereinafter, referred to as ‘Prohibited Content’) through the features provided on this Website. Prohibited Content is defined as the content that:
15.1. is harmful, threatening, abusive, violent, harassing, tortuous, defamatory, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
15.2. exploits anyone in a sexual or violent manner;
15.3. contains nudity, pornography, or offensive subject matter or contains a link to an adult oriented website or similar online resource;
15.4. harms minors (those under the age of 18 years) in any way;
15.5. tries to impersonate any person or entity or falsely state or otherwise misrepresent member’s affiliation with a person or entity;
15.6. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
15.7. Impersonates a Lumos Information Services employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity.
15.8. involves the transmission of junk mail, chain letters, or unsolicited mass mailing, instant messaging, spimming or spamming;
15.9. transmits or otherwise makes available any material that contains software viruses or any other computer code, files or programs designed to disrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
15.10. solicits passwords or personally identifying information for commercial or unlawful purposes from other users;
15.11. causes the screen to scroll faster than other users of the Website are able to type, or otherwise act in a manner that negatively affects other users’ ability to use any feature(s) offered on or through this Website;
15.12. involves commercial activities and/or sales without Our prior written consent, such as contests, sweepstakes, advertising, pyramid schemes, etc.;
15.13. provides instructional information about illegal activities;
15.14. uses any robot, spider, other automatic device, or manual process to monitor or copy the Website pages or the content contained on this Website;
15.15. intentionally or unintentionally violates (a) this Agreement; or (b) any applicable local, state, national or international law; or (c) any regulations, ordinances, treaties or conventions having the force of law;
15.16. collects or stores personal data about other users;
15.17. covers or obscures the banner advertisements appearing on the Website using any technical or nontechnical means; or
15.18. amounts to accepting payment or anything of value from a third person in exchange for Your performing any commercial activity on or through the featured offered on the Website, on behalf of that person, such as placing commercial content on member’s profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose.
15.19. amounts to use of black hat SEO techniques to gain benefits in ranking or for creation of links to other commercial or non commercial activities on different website
16. Third Party Links
The site contains reference to tests, logos, websites which are third party trademarks. We are not affiliated to these third parties nor have they supported or endorsed our products or services. No part of the fees or services paid to us for our products or services will be paid or inure benefit of to the third party by us.
17. Reporting of Content
Any Content appearing on the Website may be reported for its suspected inaccuracy, illegality, violation of (a) this Agreement; or (b) any applicable law for the time being in force; or (c) anyone’s legal rights, by sending Us an email along with the detailed reason(s) for reporting. After Our own assessment, We shall either remove the reported Content or retain it depending on Our findings and conclusions. However, mere disagreement over the Content is not sufficient to process Your request for removal of reported Content.
18. Other Disclaimers
18.1. We shall not be liable for any incorrect or inaccurate Content posted on the Website, whether caused by users of the Website or by any of the equipment or programming associated with or utilized in the Website;
18.2. We shall not be responsible for the Content, accuracy or opinions expressed on the websites that are accessible from this Website through external links. Such linked websites are in no way investigated, monitored or checked for accuracy or completeness by the Company.
18.3. We shall not be liable on account of losses originating out of any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications.
18.4. We reserve the right to modify or discontinue the services offered on or through this Website with or without notice to anyone. We shall not be liable to anyone should We exercise Our right to modify or discontinue the services offered on or through this Website. You acknowledge and accept that We do not guarantee continuous, uninterrupted or secure access to this Website as the operation of this Website may be interfered with or adversely affected by numerous factors or circumstances beyond Our reasonable control.
18.5. We do not claim any responsibility for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person’s computer related to or resulting from participating or downloading materials in connection with this Website.
18.6. We take great care and pride in creating a safe Website. We are always on the lookout for technical glitches that affect how the Site works. When we find them on our end, we will do our best to promptly fix them. Unfortunately, your home computer may cause some glitches that affect how you see our Site–and that is beyond our control.If you experience any unusual behavior, content or ads on the Site, it may be the result of Malware on your computer. Malware-short for MALicious softWARE-is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Site and on other sites that you visit.We suggest that you take some of the following actions which may help to clean your computer and which could prevent future installations of Malware. Update your computer via Windows Update (found in the Tools menu in your Internet Explorer web browser).Install a SpyWare Removal Tool such as Spybot Search & Destroy or AdAware to clean your computer of Malware.Install antivirus software, such as Norton anti-virus or McAfee Antivirus Software. Install Microsoft Security Essentials. Please note that we cannot be responsible for the effects of any third-party software including Malware on your computer system. Please make sure to carefully read the Help or Customer Support areas of any software download site.If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician.If, after taking the above actions, you are still experiencing any problems, please feel free to Contact Us.
18.7 Providing Quality service to you is our priority and We shall be able provide assistance and technical support to you for any website issues within One working day after receipt of complaint.
18.8. We shall not be responsible for the conduct, whether online or offline, of any user of the Website.
18.9. Under no circumstances shall We be responsible for any loss or damage, including personal injury or death, resulting from the use of this Website, attendance at the Company’s event, any Content posted on or through the Website, or from the conduct of any user(s) of the Website, whether online or offline.
18.10. This Website is provided on an “as is and as available” basis. Therefore, We disclaim any warranty of fitness for a particular purpose, merchantability, or non infringement.
18.11. The Company cannot and does not guarantee any specific results from the use of this Website.
18.12. No advice or information, whether oral or written, obtained from the Company or the Website shall create any warranty not expressly stated in this Agreement.
18.13. Only the Apps verified and certified by us will have the certification logo on the App.This certification is only for the particular app and specific version which carry the logo.
19. Purchase Information:
19.1. Lumos Information services, L.L.C, does not disclose credit card, debit card or account information provided by its customers. When customers choose to pay using their credit cards, we submit the information needed to secure payment only to the appropriate clearinghouse.
19.2. On purchase of Tedbooks , we engage third party services for printing and supply of the same and hence do not guarantee the quality of the printed book and its delivery. If there are defects in the printing or distribution of the book, we will assist in procurement of replacement product within a 30 day period.
19.3. You can cancel the purchase within 24 hours of placing order beyond which cancellation is not allowed.
19.4. We may allow you to download a few Apps and videos free of cost. Any Terms and conditions that are applicable for use of Purchased Apps and videos will be applicable for free products also except for the Payment related Terms and conditions (For example refund and cancellation policies etc).
19.5. Only the Apps submitted to us for verification are certified and ranked by us and this can be distinguished by the certification mark next to the App.
19.6. We allow listing of third party Apps and Videos on our site and the content and purchase of this is at your sole discretion.
19.7. You may be redirected to third party sites for purchases and you must abide by the terms and conditions of these sites for purchases.
You agree to defend, indemnify and hold harmless the Company, its subsidiaries, affiliates, officers, directors, employees, partners and other agents from and against any and all claims and demands, including attorney’s fees, arising from Your use/access of this Website; or Your violation of any provision(s) contained herein; or Your violation of any third party right (s).
21. No Waiver
The failure of the Company to exercise or enforce any right or provision contained herein shall not operate as a waiver of such right or provision in case of future exigencies.
This Agreement operates to the fullest extent permissible by the applicable law. If any provision(s) contained herein is declared unlawful, void or unenforceable by a court of Competent Jurisdiction, such provision(s) shall be deemed severable from this Agreement and shall not affect the validity and enforceability of the remaining provisions.
23. Your Consent
By Using our Website, you consent to Our Terms and Conditions of Use.
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.
26. 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).
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Company: Lumos Information Services