Thanks for visiting eLumin.com (the “Site”), which is provided by eLumin LLC (“eLumin”). By using the Site, you are agreeing to these terms. In addition to the Site, eLumin provides products and services to schools, school districts, community-based organizations, and families. Use of those products and services is subject to separate terms and conditions and is not covered by this Agreement.
Use of the Site
You may browse the Site to learn more about eLumin and the products and services that we offer. The Site, including all material contained therein, may be used for the sole and limited purposes set forth in these terms. You may view and print portions of the Site for your own internal use but not for resale use or commercial exploitation other than as expressly provided in these terms.
Don’t misuse the Site. For example, don’t interfere with the Site or try to access it using a method other than the interface and the instructions that we provide. You may not attempt to gain unauthorized access to password-protected areas the Site. You may use the Site only as permitted by law.
Using the Site does not give you ownership of any intellectual property rights in the Site, our products or services, or the content you access. You may not use content from the Site unless you obtain permission from its owner or are otherwise permitted by law.
In connection with your use of the Site, you may request additional information, subscribe to notifications, or otherwise engage with us. If you provide us with your contact information, we may send you announcements, administrative messages, and other information. You may opt out of some of those communications.
A version of the Site is available on mobile devices. Do not use the Site in a way that distracts you and prevents you from obeying traffic or safety laws.
Content and Links
The Site may provide links to other Internet sites or resources. You acknowledge and agree that eLumin is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
The Site may allow you to upload, submit, store, send, or receive content such as suggestions, requests for information, and testimonials. You retain ownership of any intellectual property rights that you hold in content you provide to us. When you upload, submit, store, send or receive content to or through the Site, you give eLumin (and those we work with) a royalty-free worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, and distribute such content. If you submit feedback or suggestions about the Site or our products or services, we may use your feedback or suggestions without obligation to you. This license continues even if you stop using the Site. Make sure you have the necessary rights to grant us this license for any content that you provide to us.
We respond to notices of alleged copyright infringement according to the process set out in the U.S. Digital Millennium Copyright Act. If you think somebody is violating your copyrights and want to notify us, please contact us directly in writing. You can find our contact information on the contact page of the Site.
Copyrights and Trademarks
Except for content provided by you, the Site and all materials made available to you in connection with it are the exclusive property of eLumin and its licensors and is protected by trade dress, copyright, and trademark laws, and various other intellectual property rights and unfair competition laws.
eLumin is a registered trademark and the eLumin logo is a trademark of eLumin Inc.
Warranties and Disclaimers
We provide the Site using a commercially reasonable level of skill and care, but there are certain things that we don’t promise about the Site.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER eLumin NOR ITS SUPPLIERS OR DISTRIBUTORS MAKES ANY SPECIFIC PROMISES ABOUT THE SITE. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SITE, THE SPECIFIC FUNCTIONS OF THE SITE, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SITE ON AN “AS IS” and “AS AVAILABLE” BASIS.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Limitations of Liability
WHEN PERMITTED BY LAW, ELUMIN, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF ELUMIN, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SITE.
IN ALL CASES, eLumin, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
We may modify these terms, for example, reflect changes to the law or changes to our Site. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new features on the Site or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms, you should discontinue your use of the Site.
These terms control the relationship between you and eLumin with respect to the Site. They do not create any third-party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of the Commonwealth of Virginia, USA, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Arlington County, Virginia, USA, and you and eLumin consent to personal jurisdiction in those courts.
For information about how to contact eLumin, please visit our contact page.