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Terms of Use- SchoolUp App

Effective date : 01/01/2019

SchoolUp App 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

1.1 Please read these Terms of Use carefully before you download, install or use the SchoolUp App. By downloading, installing or using the SchoolUp App, you accept these Terms of Use and that you agree to abide by them. Your download, installation or use of the SchoolUp App means that you accept these Terms of Use. The terms takes effect on the date on which you download, install or use the SchoolUp App. In case you do not agree with the Terms of Use, you should stop downloading, installing or using the SchoolUp App immediately.

1.2 We operate the software underlying and required for your use of the SchoolUp App from the United States of America. It might be possible that some of the downloads from the SchoolUp App could be subject to government export controls or any other restrictions. If you download anything from the SchoolUp App or use the SchoolUp App, you agree that you are not subject to such controls and restrictions. We make no representation that anything is appropriate, permissible or available for use outside the United States, and using the SchoolUp App from territories in which such use or the information available from such use is illegal, restricted or not permitted, is expressly prohibited. If you want to access or use the SchoolUp App from or in locations outside of the United States of America, you do so on your own initiative and are responsible for:

           1.2.1 Ensuring what you are doing in that country is legal; and

           1.2.2 The consequence and compliance by you with all applicable laws,      regulations and bye-laws codes of practice, licenses, registrations, permits and  authorizations (including any laws that relate to businesses providing services

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 our website or by updating the SchoolUp App to incorporate the new terms of use. 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.

3. Eligibility:

To download, install, access or use the SchoolUp App, you must be 18 years of age or over.

For access to Parent and Teacher Portal by use of SchoolUp App, In addition to the Terms of Use of the App, the Terms of Use of Parent Portal or Terms of Use of Teacher Portal will also be applicable.

4. Acceptable use of this site:

4.1 Use of the SchoolUp App does not include the provision of a mobile device or other necessary equipment to access it. To use the StepUp App, you will require Internet connectivity and necessary telecommunication links. We shall not have liability or responsibility for any telephone or other costs you might incur.

4.2 You shall not in any way use the App or submit to us or any other user of the App anything which in any respect:

4.3 is in breach of any law, statute, regulation or bylaw of any applicable jurisdiction;

4.4 is fraudulent, criminal or unlawful;

4.5 may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political; Content shall be considered unacceptable at the sole discretion of Lumos Information System (DBA Lumos Learning), whose decision is final.

4.6 impersonates any other person or body or misrepresents a relationship with any person or body;

4.7 may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trademark rights and broadcasting rights) or privacy or other rights of us or any third party;

4.8 may be contrary to our interests;

4.9 is contrary to any specific rule or requirement that we stipulate on the SchoolUp App in relation to any particular part of the App; or

4.10 involves your use, delivery or transmission of any viruses, unsolicited emails, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

4.11 You agree not to reproduce, duplicate, copy or re-sell the SchoolUp App or any part of the App, other than as permitted by these Terms of Use.

4.12 You agree not to access without authority, interfere with, damage or disrupt:

4.12.1 any part of the SchoolUp App;

4.12.2 any equipment or network on which the SchoolUp App is stored;

4.12.3 any software used in the provision of the SchoolUp App; or

4.12.4 any equipment or network or software owned or used by any third party.

4.13 You hereby grant us an irrevocable, royalty-free, worldwide, assignable,            sub-licensable license to use any material which you may submit to us or the SchoolUp App for the purpose of use on the App or for any general marketing (by any means or in any media, including, but not limited to our website or in our journals) of our services. You agree that you waive your moral rights to be identified as the author, and we may modify your submission.

4.14 You assume sole responsibility for results obtained from the use of the SchoolUp App or any conclusions drawn from such use of the App. We shall have no liability in case of any damage caused by errors, omissions of any information, instructions or scripts given to us by you in connection with the App, or any actions taken by us at your direction.

4.15 You agree to comply at all times with the instructions for the use of the App. The instructions may change from time to time based on need. Any non compliance or unacceptable use shall result in termination of the licence.

5. Availability of the SchoolUp App, Security, and Accuracy:

5.1 We make no warranty that your access to the SchoolUp App will be uninterrupted, timely and error-free. This cannot be guaranteed due to the nature of the internet. Also, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions. We shall not be liable for any damages, losses, refund or costs as a result of such interruptions in service.

5.2 Access to the SchoolUp App may be suspended, withdrawn to or from you personally or to all users of the App, either temporarily or permanently at any time, without any prior notice. We might impose restrictions on the length and manner of usage of any part of the App. If we impose such restrictions on you personally, you must not attempt to use the App under any other name or user or from any other mobile device.We shall not be liable for any damages, losses, refund or costs as a result of such interruptions in service.

5.3 We do not warrant that the SchoolUp App will be compatible with all types of hardware and software which you may use. We will not be liable for damage caused due to viruses or other code that may affect your equipment. This may include your mobile device, any form of software, data or other property as a result of your download, installation, access to or use of the StepUp App or due to using the App. We shall not be liable for the actions of any third party.

5.4 We may change or update the SchoolUp App or any content available in it without any prior notice to you. Based on need, we may suspend access to the StepUp App, or close it indefinitely.

5.5We make no representation or warranty, express or implied, that information and materials on the SchoolUp App are correct. We make no warranty or representation, in any form that the information given on the App is complete, accurate and up-to-date. We shall not accept any liability for any errors or any omissions.

6. Independence of Platforms:

6.1 The SchoolUp App is independent of any platform on which it is located. The SchoolUp App is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android, iOS or RIM Blackberry (each being an “Operator”).

6.2 Your download, installation, access to or use of the SchoolUp App is also subject to the terms and conditions of the Operator.

6.3 The license granted to you for the SchoolUp App is limited to you on a non-transferable license. You may use the App on a mobile device that you own or control and as permitted by these Terms of Use.

6.4 You must comply with any applicable third party terms of agreement when using the SchoolUp App (e.g. you must ensure that your use of the SchoolUp App is not in violation of your mobile device agreement or any wireless data service agreement).

7. Exclusion of Liability:

You agree to indemnify, keep us indemnified and hereby release Lumos Information Services and its subsidiaries, its directors, agents, officers, and employees from all claims, action, suit, proceedings, demands, and damages (actual and consequential). The damages can be of any kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising from, or in any way, connected to any disputes occurring between you and any suppliers, or between you and other App or Website users, or your use of the App, any other party’s use of the App using your user ID, verification PIN and/or any identifier number allocated by the Government and/or your breach of any of these Terms and Conditions of Use, any other disputes

“Any software distributed by Lumos Information Services is “commercial computer software” or “commercial computer software documentation.” The U.S. Government’s rights with respect to the software are limited by these Terms and Conditions of Use, pursuant to FAR § 12.212(a) and/or DFARS § 227.7202-1(a), as applicable. User agrees that by installing, copying, or otherwise using the Lumos software and the Site that: (i) User does not reside in a country subject to embargo or export controls by the U.S. Government; (ii) User is not on the List of Denied Persons as published by the U.S. government; and (iii) User will not use the software or the Site for any illegal purpose. Because the software, the Site, and related technical data are subject to U.S. export controls, User agrees that User shall not upload, export or “re-export” (transfer) the software or any Content, including any Content created by You, unless You have complied with all applicable U.S. export controls

8. Disclaimers:

8.1 You assume all responsibility and risk with respect to your use of the SchoolUp App.

8.2 The SchoolUp App is available “as is,” and “as available”.

8.3 You understand and agree that, to the fullest extent permitted by law, we disclaim all warranties, representations, and endorsements, express or implied, with regard to the site, including, without limitation, implied warranties of title, merchantability, non-infringement and fitness for a particular purpose.

8.4 We shall not be liable for any computer viruses, bugs, malicious code or other harmful components, including delays, inaccuracies, errors and omissions, reliability or usefulness of the information disclosed or accessed through the SchoolUp App.

8.5 We have no duty to update or modify the SchoolUp App, and we shall not be liable for our failure to do so.

8.5 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.

8.6 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.

8.7 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. Your representation of warranty:

You represent and warrant that (a) your use of the StepUp App will be in strict accordance with this Agreement. You shall comply with all applicable laws, rules and regulations. This includes any local laws or regulations in your country, state, the city with reference to online conduct and acceptable content, transmission of technical data exported from the United States or the country in which you reside. Your use of the StepUp App should not infringe or misappropriate the intellectual property rights of any third party.

10. Trademarks:

“Lumos SchoolUp” name and logo and all related names, trademarks, service marks, design marks and slogans are the trademarks or service marks, which belong to Us.

Nothing herein grants You the right or license to use, transfer or modify the marks, in any manner.

11. Intellectual Property Rights:

We are the sole and exclusive owner or the licensee of all intellectual property rights in the SchoolUp App, and the material published on it. Those works are protected by Intellectual Property laws and treaties around the world. All such rights are reserved.

12. License Restrictions:

The following are the license restrictions for the use of the SchoolUp App
(a) The SchoolUp App shall be used for personal use only; (b) you shall not install or use a copy of the SchoolUp App on a device that you do not own or control; (c) you shall not duplicate, copy or distribute the SchoolUp App, except as necessary to use it on your Device; (d) You shall not license, sell, rent, lease, lend, transfer, assign, distribute, outsource, or otherwise commercially exploit the SchoolUp App. You shall not make the SchoolUp App available to any third party without our consent; (e) You will not use the App for any fraudulent, unlawful or illegal activity in any way that could harm the SchoolUp App or impair anyone else’s use of it. (f) You shall not modify, translate, or create derivative works based on the SchoolUp App or disassemble, decompile or reverse engineer any part of the SchoolUp App, except as permitted under the applicable law (g) to not work around any technical limitations in the App; and (h) to preserve all copyright notices on the SchoolUp App.

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 SchoolUp App, 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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