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Terms of Use - Parent 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 Eductors/Teachers/ Schools

1. Your Consent

By Using our Website, you consent to Our Terms and Conditions of Use for Parent 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 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.

3. Membership Eligibility:

3.1 Be over 18 years of age

3.2 Be either a subscriber of Parent Portal Or

3.3 Be a subscriber of StepUp App Or

3.4 Be a subscriber of Parent Portal through the purchase of tedBook.

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 agree not to disclose your username and password to persons outside your school or school authority

4.3 In case your child is under the age of 13, parental consent must be taken in order for a student to use certain features of a Lumos Information Services student account. Information collected from children/students (including their personal information including information collected automatically) is not used or disclosed for third-party advertising and/or any kind of first/third-party behaviorally-targeted advertising. The personal information is never sold or rented to anyone, including marketers or advertisers. See our Privacy Policy for more details.

4.4 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.

4.5 We reserve the right to monitor all activity on this website and take reasonable action to protect this website from unauthorized use.

4.6 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 to use certain features of the Service. We will provide full access to or use of the Service to students under the age of 13 that You invite to the Service and as Parent or legal guardian, we assume that You have provided / obtained verifiable parental consent from the child’s parent or legal guardian.

4.7 The Service is available for your personal, noncommercial use.

4.8 You are entirely responsible for all Content that you upload, post, e-mail, transmit or make available via the Service. We do 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 Company 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.

4.9 As a parent, you can put up stickie messages to encourage and assist your child in learning. These can be viewed by the general public or make it private based on whether you choose it to be a public or a private message. 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.

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

5. Validity:

5.1 The validity of the subscription is as per the period mentioned in the subscription during sign up.

5.2 Apart from the Termination clauses mentioned in General Terms of Use, the user account will be terminated if found inactive beyond 180 days.

6. Disclaimer:

6.1 The progress of child 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 for the end of the year standardized tests and Company does not guarantee that this will reflect their performance in Assessments conducted at the end of the year.

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. The coherence map usage does not guarantee that student performances will improve when the coherence maps are used.

7. Account Activation and Cancellation Policy:

7.1 The Step up account activation will be within 24 hours of registration and payment.

7.2 Any cancellation of account should be done within first seven days. No refund will be given for cancellation requests received after seven days of activation.

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

8. Purchase Information:

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

8.1 You may buy books online through Third party sites linked. You must abide by the Terms of Use as applicable to these Third party sites for purchases.

8.2 You may track the orders via details provided by the Third Party sources.

8.3 Delivery of the books will be as per the commitment of Third Party supplier.

8.4 For any return of the books purchased, the terms will be governed by Third Party policies indicated on their website.

8.5 The purchase terms are applicable only for books purchased within the USA.

8.6 The payment for subscriptions and purchases can be made using PayPal. 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.

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 Injunction 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 Parent Portal, the practices of our websites, or your dealings with this website, please contact us at:
Company: Lumos Information Services
Phone: 888-309-8227

Fax: (866)283-6471
Email: support@lumoslearning.com

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