Terms and Conditions of Use
Thank you for visiting www.ellevationeducation.com. This Web Site (the "Web Site") is owned, maintained and operated by Ellevation, LLC (the "Owner", and "we," "us," or "our"). We want each visitor ("you") to the Web Site to have a safe, pleasurable visit, so we have established these terms and conditions so that visitors and the Owner will know and understand what to expect from the Web Site and each other. The Owner has developed the Web Site as a web-based platform for its ELL reporting and administration solutions. Accordingly, this Web Site provides users with access to an online collection of information and materials, and certain online services provided by the Owner ("Services"). The Web Site also contains text, pictures, audio, video, photographs, graphics, logos, button items, images, works of authorship, and other content (collectively with the Services, "Content"), and may provide access to certain proprietary software used in connection with navigating and utilizing the functionality offered through this Web Site ("Software").
Acceptance of Terms
Limited License and Site Access
The Owner hereby grants you a limited license to access and make personal use of this Web Site but not to download (other than page caching) or modify it, or any portion of it, except for your own personal use and the educational use contemplated by certain pages or with express written consent of the Owner. This license does not include any resale or commercial use of this Web Site or its Contents or Software; any collection and use of any property listings, descriptions, or prices; any derivative use of this Web Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This Web Site or any portion of this Web Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of the Owner. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Owner or its affiliates without their express written consent. You may not use any meta-tags or any other “hidden text” utilizing the Owner’s name or service marks without the express written consent of their owners. Any unauthorized use terminates the permission or license granted by the Owner.
No Owner Editorial Control of Third Party Content; No Statement as to Accuracy
To the extent that any of the Content included in the Web Site is provided by third party content providers, Owner has no editorial control or responsibility over such Content. Therefore, any opinions, statements, services or other information expressed or made available by third parties on this Web Site are those of such third parties and not the Owner. The Owner does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on this Web Site or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with the Owner.
Information on this Web Site is provided for informational purposes only. The Owner has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the information contained in or linked to this Web Site or any other Web Site maintained by the Owner.
YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. ALL SERVICES, CONTENT AND SOFTWARE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, AND THE OWNER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE OWNER MAKES NO WARRANTY THAT THE SERVICES, CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
Except as otherwise expressly stated, all Content and Software appearing on this Web Site are the copyrighted work of the Owner or third party content suppliers and are protected by United States and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content and Software is also the exclusive property of the Owner and is protected by United States and international copyright laws.
You may download information from this Web Site and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from this Web Site, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of the Owner or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by the Owner. Any unauthorized use of text or images may violate United States and international copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Neither the Owner nor its affiliates warrant or represent that your use of Content, Services, Software or any other materials displayed on this Web Site will not infringe rights of third parties.
Trademarks and Service Marks
Certain trademarks on the Web Site are the registered service marks of the Owner. The domain name for this Web Site, the Owner’s logos, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of the Owner. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Web Site are the property of their respective owners. In addition to complying with all applicable international and United States laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Web Site without the prior written authorization of the Owner.
Ownership of Information Submitted via this Web Site
Subject to the terms and conditions of our Web Site Privacy Statement related to student personal information, any information you transmit to the Owner via this Web Site, whether by direct entry, submission, electronic mail or otherwise, including data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of the Owner. Such information may be used for any purpose, including but not limited to reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. The Owner shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Owner via this Web Site or by any other means for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.
Any Software accessible through this Web Site is the property of the Owner or its suppliers and is protected by patent, trade secret, and copyright laws and international treaties. Any use of the Software by you other than as required to navigate and to utilize the intended functionality offered through this Web Site is prohibited. You agree not to copy, distribute, publicly display, alter, modify, decompile, disassemble, reverse engineer or otherwise attempt to discover the source code of the Software. Further, you agree not to access the Services or Content by any means other than the interface provided by the Owner through this Web Site for your use in accessing the Services and Content.
Any Software and Content provided on this Web Site is owned by or licensed to the Owner, and may contain technology that is subject to strict controls pursuant to export control laws and regulations of the United States of America and other countries and jurisdictions. You shall not copy, transfer or export such Software or Content in violation of such applicable export laws and regulations. The Owner does not authorize the downloading or exportation of any software or technical data from this Web Site to any jurisdiction prohibited by such export controls laws and regulations.
Use of WIDA Materials
All WIDA® materials © 2004-2012 Board of Regents of the University of Wisconsin System. WIDA, ACCESS for ELLs®, W-APT and CAN DO are trademarks of the Board of Regents of the University of Wisconsin System. The WIDA materials available in this application are for licensed ESLReps / Ellevation end-users only. For more information on using the WIDA CAN DO Descriptors and WIDA ELP Standards please visit the WIDA website at www.wida.us.
The WIDA CAN DO Descriptors work in conjunction with the WIDA Performance Definitions of the English language proficiency standards. The Performance Definitions use three criteria (1. linguistic complexity; 2. vocabulary usage; and 3. language control) to describe the increasing quality and quantity of students' language processing and use across the levels of language proficiency.
The model performance indicators (MPI) for the formative/summative framework are exemplars of a students' English language development. The MPIs are descriptive of scaffolded levels of English language proficiency (performance level or "PL") for a given topic/genre and language domain based on increasing linguistic complexity, vocabulary usage and language control through the use of supports. Educators should use transformations of these MPIs to meet their specific academic content area needs. For more information on MPI transformations, please consult the WIDA ELP Standards Resource Guide on the WIDA website at www.wida.us.
You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use this Web Site, and the Owner reserves the right to change the access configuration of this Web Site at any time without prior notice.
Your Account Obligations
In order to use the Web Site, you agree to provide true, accurate, current and complete information about yourself and to maintain and promptly update such account information. If you provide any untrue or inaccurate information, or if the Owner has reasonable grounds to suspect that such information is untrue or inaccurate, the Owner may suspend or terminate your account and refuse all current and future use by you of our Web Site. Account information and certain other information about you are subject to the terms of our Web Site Privacy Statement.
You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (a) immediately notify the Owner of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. The Owner will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by the Owner or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
Any conduct by you on our Web Site that we believe, in our sole discretion, restricts or inhibits any other user from using or enjoying our Web Site will not be permitted. Any use or attempted use of this Web Site (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party's use and enjoyment of the Web Site, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by the Owner to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by the Owner, or (vii) any use other than the business purpose for which it was intended, is prohibited.
In addition, in connection with your use of the Web Site, you agree you will not:
- Upload or transmit any message, information, data, text, software or images, or other content (“Material”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;
- Create a false identity for the purpose of misleading others or impersonate any person or entity, including but not limited to any Owner representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
- Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
- Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
- Use the Web Site's communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
- Upload or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation, commercial or otherwise;
- Violate any applicable local, state, national or international law;
- Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
- Delete or revise any material posted by any other person or entity;
- Manipulate or otherwise display the Web Site by using framing, mirroring or similar navigational technology or directly link to any portion of the Web Site; or
- Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Service if you are not expressly authorized by such party to do so.
The Owner reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including but not limited to the suspension or termination of the user's access and/or account. The Owner may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil claim. Except as may be expressly limited by the Web Site Privacy Statement, the Owner reserves the right at all times to disclose any information as the Owner deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Owner's sole discretion.
Right to Monitor
Hyperlinks to Third Party Web Sites
Our Web Site Privacy Statement (see below) describes the details of the Owner’s information practices and procedures for personal information we collect at this Web Site. We urge you to read our Web Site Privacy Statement.
Modification to Services
The Owner may, at its discretion, modify or discontinue any of the Services, Content or Software, or any portion thereof, with or without notice. Neither the Owner nor its affiliates will be liable to you or any third party for any modification or discontinuance of any of the Services, Content or Software.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT THE OWNER WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PRODUCTS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE WEB SITE, SERVICES, CONTENT OR SOFTWARE, THE COST OF OBTAINING SUBSTITUTE SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM PURCHASES OR TRANSACTIONS ENTERED INTO THROUGH THE WEB SITE, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE WEB SITE, SERVICES, CONTENT OR SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB SITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE THE OWNER OR ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEB SITE.
CERTAIN STATE JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
When you visit this Web Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Web Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Applicable Law; Jurisdiction and Venue
We control our Web Site from our offices within the United States. We make no representation that the Content on our Web Site is appropriate, legal or available for use in other locations. Those who choose to access our Web Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of United States export laws and regulations. Any claim relating to our Web Site, the services provided through our Web Site or the Content shall be governed by the laws of the Commonwealth of Massachusetts, without reference to its choice of law provisions. If there is a dispute between you and us, you expressly agree that exclusive jurisdiction and venue reside in the state and federal courts located in Boston, Massachusetts.
Third Party Purchases Governed by Separate Agreement – The terms and conditions governing your purchase of any goods or services from any third party companies or financial institutions represented in this Web Site shall be governed by a separate agreement duly executed between you and the supplier of such goods or Services, including the Owner, as applicable.
Location of User –The Owner makes no representation that the Content, information, products, Services or Software are available for use outside of the United States. Any use of the Services, Content and Software is prohibited where they are not allowed by law.
The Company strongly believes in maintaining the privacy of its users and the nonpublic information we collect from individuals who visit the Site. Therefore, we want you to understand how we collect and process personal information and any other information collected on the Site. The purpose of this Privacy Statement is to describe our practices and procedures as they relate specifically to such information.
What is Personal Information?
As used herein, the term "personal information" generally means information that specifically identifies an individual (such as user's name, address, telephone number, e-mail address, credit card or other account number) or that is associated with an identifiable person (such as demographic information or information about a person's activities when such information is linked to personally identifying information). However, personal information does not cover, any publicly available information and public records. Personal information also does not include "aggregate" information, which is data we collect about the use of the Site or categories of Site users, from which any personal information has been removed.
For example, information that fifty-two percent of the Site's registered users identify themselves as female, would be aggregate information. We collect aggregate data for a number of purposes, including helping us understand trends and user needs so that we can better consider new market research, products and services, and tailor existing products and services to user desires. This policy in no way limits or restricts our collection of aggregate information.
What Information Do We Collect?
Personal information may be collected in a number of ways when you visit our Site or use the various services and activities available on our Site. We may collect certain information you voluntarily provide to us which may contain personal information. For example, if you register as a subscriber or send us an email, we may collect your name, address, phone number, email address, and other personal, professional, demographic and business information that you provide. We also collect demographic, contact or other personal or demographic information you provide in connection with your participation in surveys, promotional offers, forums and other interactive areas of the Site. If you encounter a screen or page that requests information you do not want to share with us, do not enter the information requested and do not proceed with that screen or page; however, certain personal information is required to access nonpublic pages of the Site.
Data Privacy and Collection
Any personally identifiable information about a student protected under the Family Educational Rights and Privacy Act of 1974, as amended (20 U.S.C. § 1232g et seq.) and disclosed to the Company by an authorized organization or user ("FERPA Protected Data") shall be used solely for the purposes of the disclosure to fulfill obligations under this Agreement and shall not be disclosed to any other party (except to the Company's employees and authorized agents under an obligation of confidentiality) without the prior written consent of the student's parent (or of the student if he/she is age 18 or older). Upon termination of the Agreement, the Company shall, at an authorized organization or user's request, return to the authorized organization or user, or destroy, any FERPA Protected Data in its possession.
Notwithstanding the foregoing, the Company reserves the right to collect and retain data generated by an authorized organization or user from which all personally identifiable information has been removed in accordance with FERPA ("De-identified Data"). De-identified Data may be disclosed without prior consent under FERPA, and the Company may use and disclose De-identified Data for any lawful purposes, including without limitation benchmarking, development of best practices, product and services development, and research and statistical purposes without reimbursement or notification to, or consent or authorization from, an authorized organization or user.
Usage and Disclosure
In general, we use personal information we collect to facilitate use of the Site, to provide subscribers with information, products and services available through the Site, and to administer and assist us with the operation of the Site. For example, we may use the information we collect:
- to contact you about your use of the Site, such as for administrative purposes or to provide you with customer service to respond to your emails, submissions, comments, requests or complaints;
- to request feedback and to enable us to develop, customize and improve the Site and our information and services; and
- for the specific purpose for which the information was provided.
In addition, we may use the information we collect to send you Company news, surveys, product and service updates, and for other marketing, informational, product development and promotional purposes. We may also receive information from third parties with whom we have business relationships, and may combine this information with the other personal information we have about you. In such cases, this Privacy Statement governs our use and disclosure of such information. Except as provided above, we do not sell, license, transmit or disclose this information outside of the Company and its affiliates unless (1) you expressly authorize us to do so, (2) it is necessary to allow our contractors or agents to provide services for us, (3) in order to market and provide our products or services to subscribers, (4) it is disclosed to entities that perform marketing services on our behalf or to other entities with whom we have joint marketing agreements, or (5) otherwise as we are required or permitted by applicable law in the United States or other jurisdictions. Notwithstanding any provision of this Agreement or the site Terms and Conditions of Use, all personal information of students remains the property of the subscriber, and the Company serves solely as custodian of such information pursuant to its agreement with such subscriber and claims no ownership or property rights thereto.
Confidentiality and Security
The Company employs commercially reasonable security measures consistent with standard industry practice, to safeguard personal and other information collected through this Site. We believe these commercially reasonable practices provide adequate security to protect against the loss, misuse, or alteration of the information we collect on our Site. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable. To protect the confidentiality of your personal information, you must keep your password confidential and not disclose it to any other person.
We appreciate your questions and comments about the Site, products and services, and we welcome your email messages to mailboxes listed on the Site. We will share your messages with those within our organization who are most capable of addressing the issues contained in your message. We will keep a copy of your message until we have had an opportunity to address your concerns. We may archive your message for a certain period of time or discard it, but your email address will not be used for any other purpose.
The Right To Verify the Accuracy of the Information We Collect
Keeping information accurate and up to date is important to us. An individual may see and correct their personal information that we collect except for information relating to a claim or a criminal or civil proceeding. Contact us at the address provided below or via the "Contact Us" page of the Site if you wish to verify or change your personal information.
Links to Other Sites
For your convenience, we may provide links to other web sites and web pages that we do not control. We cannot be responsible for the privacy practices of any web sites or pages not under our control and we do not endorse any of these web sites or pages, the services or products described or offered on such sites or pages, or any of the content contained on those sites or pages.
Information Collected from Children
We are strongly committed to preserving online privacy for all of our Site visitors, including children. We do not knowingly sell products to children. Consistent with the Children’s Online Privacy Protection Act, we will not knowingly collect any information from children under the age of 13. If you are under the age of 13, you are not permitted to submit information to the Site.
This Site may make available chat rooms, blogs, and message boards. Please remember that any personal or other information that you disclose in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.
Use of "Cookies" or other Data Collection Tools
Changes to This Privacy Statement
We may change this Privacy Statement at any time and from time to time. The most recent version of the Privacy Statement is reflected by the version date located at the bottom of this Privacy Statement. This Privacy Statement is not intended to and does not create any contractual or other legal right in or on behalf of any party.
Sale or Merger
If the Company is sold to or merges with another company, you should expect that some or all of the personal information collected from this Site may be transferred to the buyer/surviving company. If so, the Company will seek to obligate the acquiring company to use any personal information transferred by this Site in a manner consistent with this Privacy Statement, but cannot guarantee that it will be able to impose that requirement, or that the acquiring company will comply.
You should be aware that the Company may be required to disclose your personal information to the government or other entities in connection with a legal process, such as in response to a valid subpoena, court order in judicial or regulatory proceedings, or pursuant to a valid law enforcement investigative demand.
If you have any questions about this Privacy Statement or would like to learn more about how we protect privacy, please write to us on the "Contact" page of our website at www.ellevationeducation.com.
This Privacy Statement was last updated on March 8, 2013.