ELTiS® SITE TERMS OF USE

Effective starting: May 25, 2018 (view archived versions)

 

The following terms and conditions set forth the legal rights and obligations between Ballard &Tighe, Publishers, a division of Educational IDEAS, Inc., (hereinafter referred as "B&T") and its Customer for the Services unless expressly stated in writing on a separate agreement. By accessing or using the ELTiS® web site ("SITE"), you ("USER") agree to the terms and conditions listed on this page. If you do not agree to these terms and conditions of use, you are prohibited from using this Site. B&T reserves the right, at its discretion, to change, modify, add, or remove portions of these terms and conditions at any time. Your continued use of the Site following the posting of changes to these terms and conditions (including the Privacy Policy) will constitute your acceptance of those changes. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THIS SITE.

ELECTRONIC COMMUNICATIONS

When you register for the 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 sending e-mail notices from this 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.

YOUR ACCOUNT

If you use this Site, you are responsible for maintaining the confidentiality of your Site account ("ACCOUNT") and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. B&T reserves the right to refuse service, terminate accounts, remove or edit content at its sole discretion. Customer shall use reasonable precautions to protect Customer equipment from an unauthorized access, attack, or use.

Registration
In order to access Site you must have an Account. Certain features are only available to Account Owners and Branch contacts.

  1. ACCOUNT OWNER. The "main" account for your organization is created by B&T. Before allowed to use the Site, you must accept the Terms of Use. As Account Owner, you will be responsible in creating the Branch Accounts for your organization by entering contact information to them. To create a Branch Account, you must (1) provide a valid e-mail address, (2) assign test credits. The Site will automatically notify the Branches' contacts using the e-mail addresses you’ve provided. As an Account Owner, you will be responsible for any activities, including any violation of the Terms that occur under Branch Accounts created using your main Account. Certain features are only available to the Account Owner.
  2. BRANCH ACCOUNTS. If you are a branch of the organization, the Account Owner is responsible in creating an Account for you and assigning test credits to your branch. Before you are allowed to use the Site, you must accept the Terms of Use.
  3. STAFF ACCOUNTS. If you are a staff of the organization, depending on the structure of your organization, the Account Owner and/or branch contact is responsible in creating your Account. To create a Staff Account, Account Owner and/or branch contact must (1) provide a valid e-mail address, (2) assign permission rights. Before you are allowed to use the Site, you must accept the Terms of Use.
  4. REGISTRATION DATA. In registering for the Services, you agree to (1) provide true, current, and complete Registration Data; and (2) maintain and promptly update the Registration Data to keep it true, current, and complete. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify B&T immediately of any unauthorized use of your password or any other breach of security. You agree not to create or access an Account using a false identity or information, or on behalf of someone other than yourself. You agree not to create an Account or use the Site if you have been previously banned from the Site by B&T or your organization.

Necessary equipment and software

You must provide all equipment and software necessary to connect to the Site, including but not limited to, a desktop, laptop, or tablet that is suitable to connect with and use the Site. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Site.

User responsibility

You are solely responsible for your interactions with other Users of the Site and any other parties with whom you interact through the Site; provided, however, that B&T reserves the right, but has no obligation, to intercede in disputes among Users. You agree that B&T will not be responsible for any liabilities incurred as the result of such interaction.

RESTRICTIONS ON USE OF MATERIALS

This Site is operated by B&T. B&T provides this Site as a service (SaaS) solution to customers for an Assessment Program. B&T restricts access to the Site by password to users that are authorized to use the Assessment Program. Authorized users may use the Site to submit personally identifiable information to B&T to allow for the registration, processing, and scoring of educational assessments and for related services. Personally identifiable information, score reports, or materials found on this Site may not be disclosed to any unauthorized third party. The rights granted to you by these Terms of Use are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, or otherwise commercially exploit the Site, (b) you shall not use framing techniques to enclose any trademark, logo, or other Site content; (c) you shall not use any metatags or other "hidden text" using Site's name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Site content; (e) you shall not use any manual or automated software, devices, or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to "scrape" or download data from any web pages contained in the Site; (f) no data or material from the Site shall be copied, reproduced, distributed, republished, downloaded, displayed, posted, transmitted, hosted, or otherwise commercially exploited in any form or by any means; and (g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Site. Any future release, update or other addition to the Site shall be subject to the Terms of Use. B&T and service providers reserve all rights not granted in the Terms. Any unauthorized use of the Site terminates the licenses granted by B&T pursuant to the Terms. We may terminate without notice your access to the Site if we determine you violated the acceptable use policies referenced in these Terms.

COPYRIGHT

All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of B&T or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of B&T and protected by U.S. and international copyright laws. All software used on this Site is the property of B&T or its software suppliers and protected by United States and international copyright laws.

No part of this Site may be reproduced in any form or by any means, electronic or mechanical, including photocopy, recording, or any information storage and retrieval system, without permission in writing from the publisher. All of the components of B&T’s ELTIS test materials are copyrighted to protect the original works of authorship. None of the test materials may be copied unless permission to reproduce is expressly granted directly on the material. Such permissions only pertain to a small number of pages in some Examiner’s Manuals. The pages in the Examiner’s Manuals that may be copied are clearly marked "Permission granted to copy this page for one examiner's use only." No other pages in the Examiner's Manuals may be reproduced without permission in writing from the publisher, and no other ELTIS materials may be reproduced without a written licensing agreement granted by the publisher. The only allowable test records are the test records completed on the Site, ELTIS Test Booklets or ELTIS Answer Sheets. The production of local or derivative test booklets, answer sheets, and Listening CDs in any format, such as electronic or mechanical forms, photocopies, locally produced answer sheets, or answer documents, is strictly prohibited without explicit negotiations and licensing agreements with B&T. Requests for permission should be directed in writing to Ballard &Tighe, Publishers, P.O. Box 219, Brea, CA 92822-0219.

THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT REGULATIONS

The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.
You recognize B&T is conducting studies and/or testing for your educational agencies and/or institutions for the purpose of developing, validating, or administering predictive tests and improving instruction and such studies will be conducted in such manner as will not permit the personal identification of students and their parents by persons other than representatives of your organizations and such information will be destroyed by B&T when no longer needed for the purpose for which it is conducted. No specific student information will be released to any third party unless there is a written consent from the student’s parents specifying records to be released, the reasons for such release, and to whom, and with a copy of the records to be released to the student’s parents and the student if desired by the parents.
As applicable, you agree to comply with all FERPA requirements prior to providing B&T access to any student education records.

ASSESSMENT DATA CREATED AND OBTAINED FROM THE USE OF THE ASSESSMENT WEB SITE AND THEIR RELATED SERVICES

The assessment data created and obtained from the use of the Site, and/or their related services is owned by B&T. B&T may use this assessment data for internal business purposes. B&T agrees to not release assessment data to a third party on an individual student or individual school without the prior notification and authorization of the student or school and in compliance with Children’s Online Privacy Protection Act (COPPA). B&T grants the use of the assessment data to the school, district or other organizational activities subject to the restrictions of COPPA and any other laws that the contracting party is subject to. Such access grant does not allow the school, district, or other organization to sublicense, resell, or transfer the assessment data for profit or for use in connection with development of an assessment product for profit without prior express written consent of B&T. There is no restriction on your royalty-free right to download a digital copy of the assessment data for analysis and archiving in support of your organization’s internal operations.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE), AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY B&T ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. B&T MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, B&T DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. B&T DOES NOT WARRANT THAT THIS SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; ITS SERVERS; OR E-MAIL SENT FROM B&T ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. B&T WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS 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.

INDEMNIFICATION

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT AND AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS B&T FOR ANY LIABILITY OR EXPENSE ARISING FROM SUCH USE OR MISUSE. YOU AGREE TO IMMEDIATELY NOTIFY B&T OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.

FORCE MAJEURE

Neither party will be responsible for any delay, interruption or other failure to perform under the Agreement due to acts, events, and causes beyond the control of the responsible party, including, but not limited to, embargoes, explosions, failure of third party suppliers, fires, governmental decrees, labor disputes, natural disasters, riots, strikes, terrorist activities, natural disaster, extreme/dangerous weather, national defense requirements, acts or regulations of national or local governments, war, impossibility of the use of means of public or private telecommunications networks, or the threat of any of these things.
If a Force Majeure Event occurs, we may have to cancel a performance or abandon it part way through and our obligations to you are deemed to be suspended for the period that the Force Majeure Event continues. We will use our reasonable endeavors to find a solution by which our obligations may be performed despite the Force Majeure Event.

TERMINATION

The use of this Site is provided free with no license/program fee for purchased online ELTIS tests. B&T reserves the rights to terminate your account if it has been inactive for a period longer than two (2) years. You may terminate the use of this Site at any time by submitting a request in writing from an authorized representative. By terminating the use of this Site, B&T reserves the rights to permanently purge your stored data in its entirety including any incomplete or unused test credits without issuing any credits or refunds. Your use of this Site may also be terminated immediately by B&T if in B&T's sole determination you fail to comply with any term or provision of these terms and conditions. Other types of accounts such as trial/demo accounts, which are meant for evaluation purposes, are only valid for 30 days. After this period, all data associated with this evaluation account will be permanently purged without the possibility of porting to other accounts.

Data retention
To maintain Site’s optimum performance and data handling, we reserve the right to delete test records after a two-year period if necessary. Thus, test records at the individual student level may no longer be available. Customers may export the data from the Site at any time prior to the two-year period for internal archiving purposes.

YOUR DATA PORTABILITY AND DELETION

Upon written request by you made within 30 days after the effective date of termination or expiration of this Agreement, We will make your data available to you for export or download. After such 30-day period, We will have no obligation to maintain or provide any of your data, and as provided in the Terms of Use will thereafter delete or destroy all copies of your data in our possession or control, unless legally prohibited.

FUTURE FUNCTIONALITY

You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Us regarding future functionality or features.

OTHER

These terms shall be governed by and construed in accordance with the laws of the State of CALIFORNIA, without giving effect to any principles of conflicts of law. Any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in CALIFORNIA and you hereby consent to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

TECHNICAL SUPPORT

The purpose of technical support is to troubleshoot problems or provide guidance and support related to the product and services. Technical support may be provided through various channels such as phone, online, or e-mail. Inquiries posted to the Site (Ask a Question page) are automatically archived in its original form and can be viewed both by you and personnel from your branch. B&T is not responsible or liable for the content of inquiries posted by users. Technical support is committed to protecting our customer's privacy. We only ask for information necessary to validate you as legitimate customer so support can be provisioned in an efficient and proper manner. We will never share any of your information with any individual outside our company without your clear consent. You will receive e-mail and other communication from us, such as responses to your inquiries placed by phone or online and administrative communication relating to your customer account (e.g., for purposes of account recovery or password reset). Note that we will never email you to ask for your password. If you receive such an e-mail, forward it to support@ballard-tighe.com.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies on this Site. These policies also govern your visit to the Site. We reserve the right to make changes to our Site, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
 
Users of this Site must review and uphold the terms of the Privacy Policy found on this Site.