Terms and Conditions

Welcome and thank you for your interest in elLiteracy LLC (“elLiteracy” or “We” or “Us”), which operates the web site located at http://elLiteracy.com, and related online services (the “Website” or “Site”).

The following Terms and Conditions are a legal contract between you, the User or Subscriber, and elLiteracy regarding your use of the Website. Visitors, Subscribers and Users of the Website are referred to individually as “User” or “Subscriber” and collectively as “Users”. Sometimes a distinction is made between “Teacher”, “Student”, “Self-Learner”, “School” and “Organization” Users.

Please read the following Terms and Conditions carefully.

1.General

Acceptance.

By registering for, subscribing, accessing, browsing or using the website, you acknowledge that you have read, understood, and agreed to become bound by these Terms and Conditions, including eLiteracy Privacy Policy and any additional guidelines, as defined below, collectively, the “Terms and Conditions”. If you do not agree to all the Terms and Conditions, then you may not access the elLiteracy website or use any of our products or services. These Terms and Conditions (among other things) provide that you and elLiteracy will arbitrate certain claims instead of going to court and that you will not bring class action claims against elLiteracy. These Terms and Conditions constitute the entire and only agreement between you and elLiteracy, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the website. Please only create an elLiteracy account or otherwise use the elLiteracy Materials if you agree to be legally bound by all Terms and Conditions herein. If you are a parent or guardian and you provide consent for your child to register with the website, you agree to be bound by these terms in respect of such child’s use of the website. These Terms and Conditions may be amended by us at any time and at any frequency without specific notice to you. The latest Terms will be posted on the Site.

Accounts.

The Site is available to three different types of Users, who will have different types of accounts with different tools, functionalities and restrictions. For example, the Site may be accessed by educators and instructors (collectively, “Teachers”) teaching a class (“Class”) in which the students (“Students”) who use the Site will have their progress and account credentials monitored by the Teacher. A third type of account is that for Self-Learners, who can create accounts and use the Site independently of any Teachers, and will have access to different tools, functionalities and restrictions.

IMPORTANT NOTE: elLiteracy is intended for use by self-learners, by teachers and by educational institutions, public or private. Each elLiteracy User should have an individual account that is not to be shared with other individuals. If you are interested in using elLiteracy for either: (a) commercial or corporate purposes; or (b) for use by multiple teachers or other education users in a single school or school district, we’ll be happy to discuss your options, but first you should Contact Us. Such uses may be subject to different terms and conditions than these Terms and Conditions. Unauthorized commercial, corporate or other misuse of elLiteracy may result in the cancellation of your account.

Eligibility.

The website is not available to any persons under the age of 13 whose registration has not been approved by a parent or legal guardian. By using the Site, you affirm (a) that you are either (i) at least 13 years of age or (ii) your parent and/or guardian has consented to your use of the Site; and (c) that your registration and your use of the Site is in compliance with any and all applicable laws and regulations.

2. Users Warranties, Restrictions, and Obligations

Subject to these Terms and Conditions, User will be granted a limited, non-exclusive, revocable, non-transferable, and non-sublicensable right to access that portion of the Subscription Website applicable to the Subscription type. By agreeing to grant such access, elLiteracy does not obligate itself to maintain the Website, or to maintain it in its present form. elLiteracy may upgrade, modify, change or enhance the Services and convert a User to a new version thereof at any time in its sole discretion, to the extent that this is not detrimental to User’s use of the Services and on reasonable prior notice to User (unless the change is of critical business importance or outside the elLiteracy ’s control, in which case elLiteracy will explain the reason for the changes as soon as is reasonably practicable).

User agrees to abide by any rules or regulations that elLiteracy publishes with respect to conduct of Users and other users of the Website, which rules and regulations are hereby incorporated into these Terms and Conditions by this reference. elLiteracy reserves the right to deny a User and/or an Authorized End User access to the Subscription Website if, in elLiteracy ’s sole discretion, User and/or Authorized End User has failed to abide by these Terms and Conditions or appear likely to do so.

User accepts that elLiteracy in its sole discretion may, but has no obligation to, monitor the Services or any portion thereof, and/or to oversee compliance with these Terms and Conditions.

User promises, acknowledges, and agrees on behalf of itself and its Authorized End Users (in the case of “Organization” Subscriptions) that:

• Access privileges may not be transferred to any third-parties;
• It will not access, store, distribute or transmit any Viruses;
• It will comply with all applicable laws and regulations with respect to use of the Services;
• It will not rent, lease, sublicense, re-sell, distribute, transfer, copy or modify the Services or any component thereof;
• It will not translate, decompile, or create or attempt to create, by reverse engineering or otherwise, the source code from the object code made available hereunder;
• It will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit the Services or any portion thereof;
• It will not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website or contained in the Services;
• It is solely responsible for acquiring, installing, operating and maintaining the hardware and software environment, network connections, and telecommunication links, necessary to access and use the Services;
• It will not use the Services in any manner, or in connection with any content, data, hardware, software or other materials that infringes upon or violates any patent, copyright, trade secret, trademark, or other intellectual property right of any third party, or that constitutes defamation, libel, invasion of privacy, or violation of any right of publicity or other third party right, or that is threatening, harassing or malicious.
• If you are an “Organization” User, you promise to obtain any and all consents required by law, including, but not limited to, (i) consent to transfer personally identifiable information of your Authorized End Users, and your representatives, to the United States, if applicable, (ii) consent to compile reports as to usage of the Services by your Authorized End Users and provide such reports to you, and (iii) any other consents that may be required in order for us to provide the Services to you and your Authorized End Users. You promise to obtain necessary consents from all relevant bodies including Work Councils, from your Authorized End Users, from the parents or legal guardians of your Authorized End Users (where necessary), and from other applicable individuals.

elLiteracy agrees that they are under the direct control of the school with regard to students’ personally identifiable information. The school remains in control of students’ personally identifiable information during any arrangement with elLiteracy. When an Organization becomes a User, they enter into a contractual relationship with elLiteracy.

3. Code of Conduct

As a condition of use, you agree not to use the Site for any purpose that is prohibited by the Terms or by applicable law. You further agree that you will not: (i) use material that is subject to third party intellectual property or proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Nearpod all of the license rights granted herein; (ii) use material that is unlawful, defamatory, libelous, threatening, pornographic, obscene, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, violate any law or is otherwise inappropriate; or (iii) post advertisements or marketing content or solicitations of business, or any content of a commercial nature; (iv) attempt to harm or interfere with the Site, including but not limited to any actions violating any security features of the Site, introducing harmful code into the Site, or interfering with others’ use of the Site including by means of overloading, “flooding,” “spamming,” “mail bombing” or “crashing” the Site.

elLiteracy has the right, among other things and in its sole discretion, to suspend or terminate the membership of any User for any reason or no reason, with or without notice. In addition, the Site is authorized by these Terms and Conditions to notify other Users with whom you have corresponded of this action (i.e., Teachers may be notified of any affiliated Student Users' suspensions). If a User is notified of our decision to suspend/terminate your account, we state that the termination does not constitute and should not be interpreted or used as information bearing on your character, general reputation, personal characteristics, or mode of living. Please understand that we have no obligation to notify Users of the reason for their termination and generally we do not provide this information.

4. Intellectual Property Rights

The content, organization, graphics, design, and other matters related to the Site are protected under applicable copyrights and other proprietary laws. The copying, reproduction, modification,distribution or publication of any such matters or any part of the Site is strictly prohibited without our express prior written permission. The Services and material found on this site are owned by elLiteracy, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. They may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. You are granted a limited, nonexclusive, non transferable, revocable license to view, and download material copyrighted by elLiteracy LLC from this site for your internal, personal, noncommercial, noncompetitive use. Notwithstanding the foregoing, elLiteracy LLC reserves the right in its sole discretion to deny, revoke, or limit permission to use its copyrighted materials at any time.

No right, title or interest in or to the Services or any portion thereof, is transferred to any User or Authorized End User, and all rights not expressly granted herein, are reserved by elLiteracy. elLiteracy name, elLiteracy logo, and all related names, logos, product and service names, designs and slogans, are trademarks of elLiteracy or its affiliates or licensors. User may not use such marks without the prior written permission of elLiteracy. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

5. Disclaimers

User’s use of the services or items obtained through the services is at its own risk. The content, services, free product samples and freebie offers from or listed through the site are provided “as-is”, “as available”, and all warranties, expressed or implied, are disclaimed, including but not limited to the disclaimer of any implied warranties of title, non-infringement, merchantability, quality, and fitness for a particular purpose, with respect to this site and any website with which it is linked. The information and services may contain bugs, errors, problems or other limitations. We have no liability whatsoever for your use of any information or service. In particular, but not as a limitation, we are not liable for any indirect, incidental or consequential damages (including damages for loss of business, loss of profits, loss of money, litigation, or the like), whether based on breach of contract, breach of warranty, negligence, product liability or otherwise, even if advised of the possibility of such damages. The negation of damages set forth above are fundamental elements of the basis of the bargain between “Us” and you, the “User”. This site and the information would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from “Us” through the site shall create any warranty, representation or guarantee not expressly stated in this agreement. The information and all other materials on the site are provided for general information purposes only and do not constitute professional advice. It is your responsibility to evaluate the accuracy and completeness of all information available on this site or any website with which it is linked.

You, the User, recognize that the traffic of data through the Internet may cause delays during the download of information from the Website and accordingly, it shall not hold elLiteracy liable for delays that are ordinary in the course of Internet use. The User further acknowledges and accepts that the Website will not be available on a continual twenty-four hour basis due to such delays, or delays caused by elLiteracy�s upgrading, modification, or standard maintenance of the Website.

elLiteracy will use commercially reasonable efforts to enable the Services to be accessible, except for scheduled maintenance and required repairs, and except for any interruption due to causes beyond the reasonable control of, or not reasonably foreseeable by elLiteracy, including, but not limited to, any Force Majeure Event. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond elLiteracy’s reasonable control including, but not limited to, restrictions of law, regulations, orders, or other governmental directives, labor disputes, third party mechanical or other equipment breakdowns, terrorist attacks, fire, explosions, fibre optic cable cuts, interruption or failure of telecommunications or digital transmission links, Internet failures or delays, storms or other similar natural events.

6. Indemnification & Liability

User agrees to indemnify, compensate and defend fully elLiteracy, its officers, employees, agents, successors, shareholders, partners, attorneys, and assigns, from any and all liability, and against any damages, losses, and expenses (including reasonable attorneys’ fees) resulting from any third-party claim, action or demand arising out of any breach by User of any representation, warranty, covenant, obligation or duty of User under this Agreement.

All responsibility or liability for any damages caused by harmful code, errors, or intrusions on the Site is disclaimed. We will not be liable to you for any incidental, special or consequential damages of any kind that may result from use of or inability to use the site.

7. Third-Party Websites

This Website may contain links to other websites that are not operated by or related to elLiteracy. elLiteracy is not responsible for the content, accuracy or opinions expressed in such third party websites, and does not investigate, monitor, or check these websites for accuracy or completeness. The inclusion of any linked website on this Website does not imply approval or endorsement of the linked website by elLiteracy. A User that leaves this Website to access these third-party sites does so at its own risk.

8. Feedback

All suggestions, ideas, notes, concepts and other information you may send to us (collectively, "Feedback") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Feedback and shall be entitled to unrestricted use of the Feedback for any purpose, without compensation to the provider of the Feedback.

9.Jurisdiction

The site is controlled by elLiteracy LLC in the State of Utah, USA. As such, the laws of Utah will govern the Terms and Conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws. You , the User, agree and accept that any legal action or proceeding shall be brought in the federal or state courts for the State of Utah, County of Salt Lake, and User expressly waives any objection to personal jurisdiction, venue or forum non conveniens. Additionally, in the event of any dispute or claim relating to or arising out of these Terms and Conditions (including, but not limited to, any claims of breach of contract, tort, infringement), User agrees that all such disputes/claims will be resolved by means of a court trial conducted by the superior or district court in Salt Lake City, Utah, and User expressly waives any right it may otherwise have to a jury trial.

10. Miscellaneous

We reserve the right in our sole discretion, without any obligation and without any notice requirement to you, to edit or delete any documents, information or other content appearing on the Site, including these Terms and Conditions.

11. Subscription Purchase

In case you decide to upgrade to an elLiteracy paid account and provide elLiteracy with your payment account information, you hereby agree to the following payment terms and conditions:

Subscription Fee.

Users agree to pay the appropriate fee corresponding to the particular Services that they wish to access for the applicable Subscription Term (“Subscription Fee”). elLiteracy accepts credit cards and certain other specified payment methods and will automatically charge your payment source on file before upgrading your account. In the event we are not able to charge your payment source for applicable charges, we may suspend your account until due amounts are paid. Additionally, if your elLiteracy balance is not paid within seven (7) days after elLiteracy provides you with notification that your account is in arrears, elLiteracy reserves the right to close your account, which might result in the loss of your data. elLiteracy reserves the right to change the Subscription Fee with respect to a Renewal Term with prior written notification. Unless otherwise expressly stated, all fees are non-cancellable and non-refundable.

Auto-renewal.

The fees for your Paid Account will be billed from the date you convert to a Paid Account and on each renewal thereafter unless and until you cancel your account. elLiteracy will automatically bill your credit card on the calendar day corresponding to the commencement of your Paid Account. All fees and charges are pre-paid and nonrefundable, and there are no refunds or credits for partially used periods. If payment is not received from the credit card issuer, you agree to pay all amounts due upon demand. You must provide current, complete and accurate billing and credit card information, and you agree to pay all costs of collection, including attorney's fees and costs, on any outstanding balance. In certain instances, the issuer of the credit card may charge a foreign transaction fee or related charges, which you shall be responsible to pay. All products purchased via elLiteracy.com are done so on a 12 month subscription basis. When subscribing to a Paid Account, you will be automatically opted in to auto-renew. (Customers purchasing using PO will not be opted in to auto-renew). Email reminders will be sent close to renewal time to let you know when your auto-renew is happening.

If you wish to opt-out of auto-renewal, you can do so by visiting elLiteracy.com

You'll need to sign in, go to My Account, click on Cancel Subscription. When renewing automatically, your card details will be stored securely by trusted payment gateway, Stripe. elLiteracy hold no record of your payment details.

Renewing Manually.

You can renew your license manually at any time before the expiry date. Your card will then be charged on the date that the license was due to expire and you'll be able to carry on using the product for another year.

Billing Cycle.

The subscription fee for any elLiteracy product and any other charges you may incur in connection with your use of the product, such as taxes and possible transaction fees, will be charged on a yearly basis to your credit/debit card on the calendar day corresponding to the commencement of your subscription.

Payment Methods.

elLiteracy uses Stripe to process all credit/debit card information. If a payment is not successfully settled, due to card expiration, insufficient funds, or similar , and you do not change your Payment Method or cancel your account, we may suspend your access to our product(s) until we have obtained a valid Payment Method.

Cancelling your Subscription.

You may cancel your elLiteracy Paid Account at any time, and cancellation will be effective immediately. Your elLiteracy Paid Account will continue in effect until your yearly subscription expires. You must cancel your Paid Account at least four working days before your renewal date, to make sure payment isn't collected. Should you elect to cancel your Paid Account, please note that you will not be issued a refund for any previous payments.

Refunds.

elLiteracy is a yearly subscription and offers customers one month free to try the site. Hence, no refunds are granted. Please Contact Us if you have further questions regarding refunds.

Changing Payment Details.

You may change your payment details anytime. You will need to log in, go to My Account, click on Update Card Details and enter your new credit card information. Please do so at least four working days before your renewal date, if you’d like to change your payment details or payment method.