IMPORTANT:
IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO USE THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN RESPECT OF SUCH CHILD'S USE OF THE WEBSITE.
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 Student 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:
To create Student account, you should
3.1 Be Over 18 years of age.
3.2 Be the Parent or Legal Guardian of the Child. Or
3.3 Be the Teacher, Private Tutor or School Authority or who have in turn taken the approval of the Parent or Legal Guardian through the Parent consent form shown above.
3.4 Be Parent or Legal guardian of the Student using the Library account as patron.
3.5 A Subscriber of StepUp App.
3.6. Member Information:
3.6.1 We do not request any personally identifiable information of the student for the student account you create. You may choose to give the name / nickname of the child.
3.6.2 The Children's Online Privacy Protection Act ("COPPA") prohibits online service providers from knowingly collecting personally identifiable information from children under 13 years of age without verifiable parental consent or notice as applicable ("Consent"). By registering, You, as a :
(a) Parent or Legal guardian, consent to allow your child to use the Student account
(b) As a Teacher, Tutor or School authority have taken the consent of the parent or legal guardian to create the student account for the child.
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 which are hereby incorporated into these Terms;
4.2 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 Lumos Information Services.
4.3 You agree not to disclose your username and password to others or the student login id to others.
4.4 You are entirely responsible for all Content that is uploaded, posted, e-mailed, transmitted or otherwise made 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 or its subsidiaries (If any) 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.
4.5 Lumos Information Services reserves the right to delete any content which it deems as inappropriate, immoral or against Public Policy.
4.6 If You’re a student, Your Parent, Legal Guardian, Tutor or School authority have taken the parent or legal guardian consent, who manage your account, will have access to your Lumos Account. They may be able to:
- Access and retain information stored in your account, such as your email
- View statistics regarding your account, such as your Assessment Score cards or scores of Diagnostic tests
- Change your account password
- Suspend or terminate your account access
- Receive your account information in order to satisfy applicable law, regulation, legal process or enforceable governmental request
- Restrict your ability to delete or edit your information or your privacy settings
5. Disclaimer:
The progress shown in the assignments and various online programs is with reference to performance in these assignment(s) and the online programs. These assignments and programs are to help to prepare for the end of the year standardized tests and Company does not guarantee that this will reflect performance in Assessments conducted by the State.
Lumos Information Services shall not be liable for any damages or costs as a result of unconsented or unauthorized use of the website.
Lumos Information Services is not liable to provide warranty for unauthorized use of the website, third party content, or damages due to use of website and its content.
6. 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.
7. 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).
8. Contact us:
If you have any questions about this Terms of Use Agreement for Student 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
