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 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 Webstore 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 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. Purchase Information
We are the Sole source providers for some of the products listed on the Webstore whereas we may be the platform for some of the third party products. The purchases of third party products listed on our site will be subjected to Third party terms and policies.
3.1 The Purchases through Webstore is applicable only for Tax Exempt organizations.
3.2 The Quote will be provided within One business day of receiving the electronic request for quote.
3.3 For Purchases made through Credit card or debit card, the Order execution will start immediately.
3.4 For Purchases where payment is subjected to Purchase order terms, the Orders will be executed only upon receiving the Purchase Order and after complying with the Payment Terms of the order.
3.5 The Store services are applicable only for the USA.
3.6 We reserve the right to modify the offers/discounts/use of coupons for Purchase on our webstore. The usage of coupons, availing discounts and offers will be subjected to the prevailing conditions mentioned on the Webstore.
3.7 We may not accept the Purchase order under the following circumstances.
3.7.1 We do not have the products in stock
3.7.2 Your payment is not authorized.
3.7.3 There is an error on our website regarding the price or other details of the products.
We reserve the rights to cancel any order.
4. Delivery
The delivery schedule of the products will be as per below:
4.1 The delivery schedule for printed books and videos will be based on the product and the mode of supply opted by you and varies between a minimum of 1 week to a maximum of 3 weeks.
4.2 Access to all electronic subscriptions will be provided within five working days of receipt of PO.
4.3 An order confirmation will be sent to your email id upon receipt of Purchase order.
4.4 Shipment details will be sent immediately after delivery is scheduled for the Purchase order.
We encourage you to login to your Webstore account, to check the status of Purchase Order, Shipment status, Invoices and any other relevant information.
5. Cancellation and returns policy
All cancellation requests should be before Purchase Order Confirmation.
6. Payment
When you choose to make payment through credit or debit card, we submit only the information needed to secure payment to the appropriate clearinghouse and the information provided by you is treated as personally identifiable and sensitive information which is governed by our Privacy Policy.
7. Access to Teacher and Student Portals
Some of the Products purchased in Stores will provide you access to the Teacher and Student Portal and the use of these portals will be governed by Terms for these portals in addition to the terms mentioned in the Webstore and General Terms and Conditions.
You may read the Terms of Service for Teacher portal and Terms of Service for Student Portal by clicking on the link.
8. Acceptable Use of this site
By Using this site for purchase of products, you acknowledge and agree that:
8.1 You have read, understood and agree to be bound by these Terms (as amended from time to time) and General Privacy Policy and General Terms of Use and any other notices on this Site, both of which are hereby incorporated into these Terms;
8.2 You agree not to disclose your username and password to persons.
8.3 Company reserves the right to monitor all activity on Webstore and take reasonable action to protect this website from unauthorized use.
8.4 The Service is available for your personal or institutional use only and not for commercial use.
9. Restrictions
9.1 You will only use the Webstore Service as permitted by law and will not use it for any unlawful activity.
9.2 You will not facilitate or encourage any violations of this Agreement or our policies.
9.3 You will not Reproduce or Distribute the whole or a substantial part of this Site for any purpose.
9.4 Use in any manner any Content or product from webstore for any commercial purposes, including but not limited to:
9.5 directly or indirectly selling or licensing any Content, product;
9.6 selling access to the Content or product on this Site or any Derivative Work via a website, web address or by any other means;
9.7 gaining advertising or subscription revenue from Content or product on webstore by any means;
9.8 Reproduce or Distribute products available on webstore on, or in connection with, an external website, intranet site or equivalent media directly or indirectly for commercial purposes; or
9.9 use any product available on webstore, in a manner that is misleading or conveys inaccurate information to the public;
9.10 use product available on webstore 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
9.14 Subject to these Terms, to the extent that Lumos Information Services has copyright in the Content or products 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 or products 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
9.15 Any violation of the above may be grounds for termination of your right to access or use the Service.
10. 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 Service itself is free, but in the future, we may offer new or additional special features which we may charge.
11. Risk of Loss
All purchases of physical items from Amazon are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
12. Disclaimers
12.1 We shall not be liable for any incorrect or inaccurate Content posted on the Webstore page whether caused by us or any third party content posted on the page.
12.2 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 non-availability of Webstore page due to technical issues.
12.3 We shall not be liable with respect to delay in deliver of products purchased on the Webstore on account of third party delays and inefficiencies or acts of God.
12.4 The items offered for sale on the Webstore contain descriptions that are provided directly by the publisher, manufacturer, developer or distributor of such item. Lumos Information Services does not represent or warrant that the descriptions of such items are accurate or complete. Any return of items purchased from the Webstore must be returned in an unused condition.
13. 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.
14. 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).
15. Contact us
If you have any questions about this Terms of Use Agreement for Webstore account, 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
