Effective date : 10/5/2023
www.lumoslearning.com (herein referred to as “Website”) is owned, managed and operated by Lumos Information Services, LLC (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 Privacy Policy and Terms and Conditions of use for Educators/Teachers.
The following Terms and Conditions of use for the Lumos Learning Website are a legal contract between the School and/or District (“you,” “You,” or, collectively, “Users”) and Lumos Learning regarding your use of the Website and services therein.
PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF USE. BY ACCESSING, BROWSING, DOWNLOADING FROM, OR USING THE WEBSITE, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS”). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE WEBSITE.
1. Your Consent:
By Using our Website, you consent to Our Terms and Conditions of Use for Admin Portal which includes Privacy Policy and Terms and Conditions of use for Educators/Teachers.
By using this Website or any features thereof, You agree to be legally bound by the Clauses and SubClauses contained hereunder. In case You do not agree to any of the following Clause(s) or SubClause(s), You understand, acknowledge and agree that Your sole remedy against the Company is the cessation of further use of this Website.
2. Definitions:
a. Company means Lumos Information Services, LLC (DBA Lumos Learning).
b. School and/or District means School or District, its subsidiaries, affiliates, and agents recognized within a District/State.l
c. Authorized Representative means person/agent employed in a School/District, who is duly authorized by such School/District to act on its behalf.
d. Service refers to the Website.
e. Website means www.lumoslearning.com
f. Products means Products offered by Lumos Learning which includes print media such as books and online programs. To know more about our product offerings, click here
g. Purchase Order means Purchase order sent by the School/District.
h. Roster means list of teachers, students and staff of the School/District.
i. Account means Admin Account.
j. Admin means user of Admin account.
k. Staff means employees/agents of School/District.
l. Children mean wards / students of School/District.
m. Parent means natural or legal guardians.
n. Step Up is an online state test prep and standards mastery program.
o. AI means Artificial Intelligence to assist School/District with realistic state assessment practice tests and path-breaking remedial practice.
p. Orders means a request by You to purchase Goods from Us.
q. “Content” includes any material, text, software, photographs, graphics, illustrations, artwork, video, music, sound, names, information, printed material, quizzes, online information, resources, data, emails, recorded webinars, messages.
3. Changes in Terms and Conditions of use:
We reserve the right to modify and amend this Agreement in whole or in part at any time. 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.
4. Changes to the Products, content of website:
Lumos Learning reserves the right to enhance, update, or revise its products, services or content of this Website from time to time in its sole discretion. All such changes are effective immediately. You are responsible for reviewing these product enhancements or Service and content revisions or updates at the time you access the Website. Your continued use of the Website following such enhancements, updates, revisions, means that you accept and agree to the changes.
5. Membership Eligibility:
To access an Admin account , you should
1. Be over 18 years of age.
2. Be an Authorized Representative to act on behalf of a School and/or District (“Your School and/or District”).
6. Acceptable Use of Website:
By Using this site, you acknowledge and agree that:
6.1 You have read, understood and agree to be bound by these Terms (as amended from time to time), Privacy Policy, and Terms and Conditions of use for Educators/Teachers and any other notices on this Site, both of which are hereby incorporated into these Terms;
6.2 You warrant that you are an authorized representative of the School and/or District and, as such, hold all necessary authority to grant Lumos Information Services, LLC and its subsidiaries, if any, the license for any Content you or anyone on your behalf uploads to the Website under these Terms. This is a non-exclusive, Worldwide license, limited to the duration as specified in your purchase order, subject to renewals from time to time.
6.3 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 Us.
6.4 You agree not to disclose your username and password for the Admin Account to persons outside your school or school authority and to maintain absolute secrecy of the log-in credentials of your Admin Account.
6.5 You agree that you will not use any device, software, or routine to interfere with or attempt to interfere with the proper working of our website.
6.6 The Company reserves the right to monitor all activity on this website and take reasonable action to protect it from unauthorized use.
6.7 You further comprehend and acknowledge that the Children’s Online Privacy Protection Act (COPPA) forbids online service providers from knowingly collecting personally identifiable information from children under the age of 13 without their parents’ consent, and you are aware that we will not permit children under the age of 13 to use the Website unless you first obtain parental consent that can be verified by/from the child’s parent or legal guardian. If you invite children under the age of 13 to use the website, the company will grant them full access to the website; however, it is your obligation to secure parental permission.
6.8 Only teachers and staff members who are current employees of your School and/or District may use the Service on such School and/or District’s behalf. Upon termination of a teacher’s or other staff member’s employment with your School and/or District, such an individual must return and cease using all login details and student access he or she has in his or her possession. If at any time you learn of a user of the Website who claims to be affiliated with your School/District but is not infact affiliated with your School/District, you will notify us immediately.
6.9 Our Website, Products and Services are available for your School/District use only and not for commercial use.
6.10 You are entirely responsible for all Content that you upload, post, e-mail, transmit, or otherwise make available via the Website. We do not control the Content posted via the Website and, as such, do not guarantee the accuracy, integrity, or quality of such Content. Under no circumstances will Lumos Learning 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 Website.
6.11 The product may permit the hosting, sharing, posting, and publishing of content by you and other users (“User Submissions”). Your User Submissions may be posted to the web site or otherwise made publicly available. You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. We have complete discretion whether to publish your User submissions, and we reserve the right, without further notice to you, to monitor, censor, edit, remove, delete and/or remove any and all User Submissions at anytime which we believe to be in violation of these terms. Irrespective of our aforesaid discretion, you are solely responsible for all your User Submissions and their consequences.
6.12 The Content shall be considered unacceptable at the sole discretion of the company, whose decision shall be final. The Company reserves the right to delete or take down any inappropriate content.
6.13 As an Admin, You are responsible for sharing the Roster of your staff and students with Lumos Learning for the purpose of creating accounts to access and use the Website along with the Purchase order.
6.14 We will collect and store the information you provide and will also treat this as personal information in accordance with our Privacy Policy. You are responsible for sending us a request for deletion of the Student/ or staff of your school and/or district via email to support@lumoslearning.com. Please note that it is not mandatory to provide email addresses of your students, and it is purely based on your discretion after obtaining prior parental consent.
6.15 As an Admin, you can customize assignments to encourage and assist your students to learn. These can be viewed by the general public or be private, based on the selection you make. 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.
6.16 Our Website, Products and Services may contain links to third-party websites and online services that are not owned or controlled by Lumos Learning. Lumos Learning has no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave the Website, Service; we suggest you read the terms and privacy policy of each third-party website and online service that you visit.
7. License to Lumos Learning:
By providing your content to Us, you grant Lumos Learning a perpetual, worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use that Content (including to reproduce, distribute, prepare derivative works, display and perform it). Lumos Learning may only use that Content in connection with the Service and the company’s (and its successors’ and Affiliates) business, including for the purpose of promoting and redistributing part or all of the Service.
8. Copyright and Trademark Policy:
No part of this website, product and services may be reproduced, stored in a retrieval system, or transmitted in any form or by any means electronic, photocopying, recording or otherwise, without the prior written consent of Lumos Learning. All logos, characters, and brand names, product names of Lumos Learning, its products and services are trademarks of Lumos Learning.
9. Validity:
9.1 Your Admin account shall be valid for a period as specified in the quote.
10. Account Activation:
10.1 Your free account will be activated immediately upon registration.
10.2 Your paid Account will be activated within 5 business days from the date of receipt of the roster for your School/District by the Company.
10.2 Upon expiration, your account shall be renewed upon receipt of renewal purchase order from you.
11. Purchase Information:
11.1 A quote may either be generated by the company or self-generated by you from the website.
11.2 Upon agreement between you and the company on the said quote, a purchase order is sent by you to Lumos Learning, specifying the details such as Grade, total no of users and duration of license. Alternatively, PO can also be uploaded by you.
11.3 You agree to receive invoices and reminders for the payment of the same through your Admin portal.
12. Return and Refund policy:
12.1 Our website, products and services are provided “AS IS.” Except to the extent prohibited by law, or to the extent any statutory rights apply that cannot be excluded, limited or waived. We and our affiliates and licensors (a) make no representations or warranties of any kind, whether express, implied, statutory or otherwise, regarding the accuracy/inaccuracy of the the product or service or the third party content and (b) disclaim all warranties, including any implied or express warranties (i) of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, (ii) arising out of any course of dealing or usage of trade, (iii) that the services or third-party content will be uninterrupted, error free or free of harmful components, and (iv) that any content will be secure or not otherwise lost or altered.
12.2 Once we receive a valid PO from you, the sale of Products and Services covered within such PO is final. The Company strictly follows a “No Return” and “No Refund” policy. However, you can request for a “Replacement” of the products and services purchased by you. Such a request shall be considered, subject to approval of the company, only in case of the following reasons.
a. If you received a defective product.
b. If the products were purchased in the last 14 days.
12.3 You must send your replacement request via an email addressed to support@lumoslearning.com , citing the aforesaid reasons for such replacement.
12.4 Company reserves sole discretion to approve such requests.
12.5 Products against which replacement has been initiated shall be disposed of by you in any manner you deem fit.
13. Disclaimer:
13.1 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.
13.2 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 the Company does not guarantee that this will reflect their performance in Assessments conducted by the State.
13.3 The Write Metrics information about spelling and grammatical errors is provided to help the 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.
13.4 We use Artificial Intelligence (AI) for programmatically generating grades, proficiency levels, transcription of video/audio content uploaded by you, Summary of a Webinar/online event, Question & Answer generator and so on. The results may be inaccurate and time-consuming. You are solely responsible to verify such output/results that are generated by the system and make required edits accordingly.
14. Indemnity:
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Lumos Learning, its Affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of our website, products and Services; (ii) your violation of any term of these Terms and Conditions of use of our website, products and Services; (iii) your violation of any third party right, including without limitation any copyright or any other intellectual property right, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of our website, products and Services.
15. Disputes:
Any dispute or claim relating in any way to your use of our website, 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. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. 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.
16. Applicable Law:
By using any of our Products or Services and our website, 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 Products or the Pervices 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).
17. Contact Us:
If you have any questions about this Terms and Conditions of use Agreement for Admin Portal, the practices of our websites, or your dealings with this website, please contact us at:
Company: Lumos Information Services, LLC.
Phone: 888-309-8227
Fax: (866)283-6471
Email: support@lumoslearning.com
