{"id":12988,"date":"2018-05-02T13:01:32","date_gmt":"2018-05-02T20:01:32","guid":{"rendered":"https:\/\/dev-lumarketing.pantheonsite.io\/?page_id=12988"},"modified":"2025-03-26T09:43:43","modified_gmt":"2025-03-26T16:43:43","slug":"terms-of-service","status":"publish","type":"page","link":"https:\/\/lumenlearning.com\/policies\/terms-of-service\/","title":{"rendered":"Terms of Service"},"content":{"rendered":"<h1><strong>Terms of Service<\/strong><\/h1>\n<p style=\"text-align: left;\"><em><span style=\"font-weight: 400;\">last updated 4\/13\/2018<\/span><\/em><\/p>\n<p><span style=\"font-weight: 400;\">Welcome to Lumen Learning! We make courseware to enable unprecedented learning for all students. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">These Terms of Service (&#8220;Terms&#8221;) govern your access to and use of Lumen&#8217;s website, courseware, other products and services (&#8220;Services&#8221;). Please read our Terms, and <\/span><a href=\"mailto:support@lumenlearning.com\"><span style=\"font-weight: 400;\">contact us<\/span><\/a><span style=\"font-weight: 400;\"> about any questions. By accessing or using our Services, you agree to be bound by these Terms.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">We use plain language in these Terms to make them easy to understand. Throughout you\u2019ll see (\u201cLumen\u201d, \u201cwe\u201d, or \u201cus\u201d) to refer to Lumen Learning, Inc. We also have employees, independent contractors, and other representatives that we refer to as (\u201cour Team\u201d). As a user of the Service or a representative of an entity that uses the Service, we refer to (\u201cyou\u201d) in this agreement. <\/span><\/p>\n<h1><span style=\"font-weight: 600;\">Using Lumen Services<\/span><\/h1>\n<p><strong>Simple summary: Our services are designed for students and educators who are at least 13 years old. Some of our content links to 3rd party sites. Most of those links are great but we can\u2019t control and aren\u2019t responsible for what happens on those sites.<\/strong><\/p>\n<h2><span style=\"font-weight: 600;\">About our Services<\/span><\/h2>\n<p><span style=\"font-weight: 400;\">Our Services are designed to provide students with uncommonly effective learning experiences and to put tools in the hands of educators that amplify their work and strengthen the connection between students and educators. The Lumen team creates, curates, and improves open educational resources and contributes that work to the commons. Our Services bring together our technology platform, open educational resources, intentional learning design, a community of passionate educators, and data analysis to deliver an educational experience that is constantly improving.<\/span><\/p>\n<h2><span style=\"font-weight: 600;\">Our license to you<\/span><\/h2>\n<p><span style=\"font-weight: 400;\">Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Our Services use <\/span><a href=\"https:\/\/lumenlearning.com\/about\/whats-oer\/\"><span style=\"font-weight: 400;\">openly licensed educational resources<\/span><\/a><span style=\"font-weight: 400;\"> such as text, images, videos, interactive activities and other media (\u201cOER\u201d). Nothing in these Terms limits your rights granted under specific OER licenses.<\/span><\/p>\n<h2><span style=\"font-weight: 600;\">Who can use Lumen Services<\/span><\/h2>\n<p><span style=\"font-weight: 400;\">You may use our Services if you can form a binding contract with Lumen, and only in compliance with these Terms and all applicable laws. You must be at least 13 years old to use our Services. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">Some of our Services are publicly accessible to anyone without the need for an account (\u201cPublic Services\u201d) in one of our courseware platforms (\u201cLumen Platform\u201d or \u201cPlatform\u201d). You may use Public Services in compliance with these Terms. <\/span><\/p>\n<h2><span style=\"font-weight: 600;\">Our content may contain links to 3rd party content<\/span><\/h2>\n<p><span style=\"font-weight: 400;\">Our Services may contain links to third-party content that are not owned or controlled by Lumen. If you access any third party website, service, or content from Lumen, you do so at your own risk and you agree that Lumen will have no liability arising from your use of or access to any third-party website, service, or content. If you find something that isn\u2019t appropriate, we want to know about it. Please tell us, and we promise to listen and take whatever action we think is appropriate, including removing the link or replacing it with an alternative.<\/span><\/p>\n<h1><span style=\"font-weight: 600;\">Your Content<\/span><\/h1>\n<p><strong>Simple summary: If you post your content in the Lumen Platform, it still belongs to you but we and others can use it.<\/strong><\/p>\n<h2><span style=\"font-weight: 600;\">You can post content<\/span><\/h2>\n<p><span style=\"font-weight: 400;\">Lumen allows you to post content, including text, photos, video, links, and other materials. Anything that you post or otherwise make available using our Services is referred to as &#8220;User Content.&#8221; You are solely responsible for the User Content you upload, and you retain all rights in original content that you create. We also allow you to redistribute, revise and remix OER content in our Platform subject to the rights and requirements of the original content. <\/span><\/p>\n<h2><span style=\"font-weight: 600;\">We and others can use your content<\/span><\/h2>\n<p><span style=\"font-weight: 400;\">You grant Lumen and our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your User Content in the Lumen Platform solely for the purposes of operating, developing, providing, and using the Lumen Services. Nothing in these Terms shall restrict other legal rights Lumen may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.<\/span><\/p>\n<h2><span style=\"font-weight: 600;\">We retain your openly licensed content<\/span><\/h2>\n<p><span style=\"font-weight: 400;\">Following termination or deactivation of your account, or if you remove any User Content from our Platform, we and our users may retain, reuse, revise, remix, and redistribute your User Content subject to the terms of the <\/span><a href=\"https:\/\/creativecommons.org\/licenses\/by\/4.0\/\"><span style=\"font-weight: 400;\">Creative Commons Attribution (\u201cCC-BY\u201d) license<\/span><\/a><span style=\"font-weight: 400;\">, the license you chose in our Platform, or the rights granted in these Terms. <\/span><\/p>\n<h2><span style=\"font-weight: 600;\">Your feedback<\/span><\/h2>\n<p><span style=\"font-weight: 400;\">We\u2019re grateful for your feedback. In order for us to take advantage of it, you grant Us a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Services any suggestion, enhancement request, recommendation, correction or other feedback provided by you.<\/span><\/p>\n<h1><span style=\"font-weight: 600;\">Copyright and Trademark<\/span><\/h1>\n<p><span style=\"font-weight: 400;\">We have a deep respect for the intellectual property rights of others and we expect our users to do the same. Please read our <\/span><a href=\"\/policies\/copyright-policy\"><span style=\"font-weight: 400;\">copyright policy<\/span><\/a><span style=\"font-weight: 400;\">. You are agreeing to adhere to this policy as a part of these Terms.<\/span><\/p>\n<h1><span style=\"font-weight: 600;\">Rules<\/span><\/h1>\n<p><strong>Simple summary: Respect other users and applicable laws.<\/strong><\/p>\n<h2><span style=\"font-weight: 600;\">Conduct<\/span><\/h2>\n<p><span style=\"font-weight: 400;\">Your use of Lumen Services is subject to compliance with our <\/span><a href=\"\/policies\/acceptable-use\"><span style=\"font-weight: 400;\">Acceptable Use Policy<\/span><\/a><span style=\"font-weight: 400;\"> and these Terms. We may suspend or terminate your use of our Services if your conduct violates these rules. <\/span><\/p>\n<h2><span style=\"font-weight: 600;\">Compliance with laws<\/span><\/h2>\n<p><span style=\"font-weight: 400;\">You represent and warrant that your use of our Services will comply with all applicable laws and regulations. You\u2019re responsible for determining whether our Services are suitable for your legal use. <\/span><\/p>\n<h2><span style=\"font-weight: 600;\">U.S. Export Controls<\/span><\/h2>\n<p><span style=\"font-weight: 400;\">The software we use to deliver the Services (the \u201cSoftware\u201d) is subject to United States export controls. Export laws are designed to restrict the distribution and use of certain products and services from other countries for security or trade agreements. You may not download or otherwise export our Services in violation of United States export laws.<\/span><\/p>\n<h1><span style=\"font-weight: 600;\">Security and Privacy<\/span><\/h1>\n<p><strong>Simple summary: We do our best to keep information secure. You can help by using a strong password and keeping it safe. We\u2019re also committed to transparent and ethical use of your information.<\/strong><\/p>\n<h2><span style=\"font-weight: 600;\">Securing your account and data<\/span><\/h2>\n<p><span style=\"font-weight: 400;\">We care about your security. We maintain appropriate procedural, physical, and technical safeguards to protect the security, integrity, and durability of your account and your content. Despite our best efforts, we cannot guarantee that our methods will be effective in all circumstances. You\u2019re responsible for keeping your user account and password secure. Please notify us right away of any unauthorized use of your account.<\/span><\/p>\n<h2><span style=\"font-weight: 600;\">Privacy<\/span><\/h2>\n<p><span style=\"font-weight: 400;\">We will adhere to transparent, responsible and ethical practices around data ownership, sharing and use. Please read our <\/span><a href=\"\/policies\/privacy-policy\"><span style=\"font-weight: 400;\">privacy policy<\/span><\/a><span style=\"font-weight: 400;\">, and our <\/span><a href=\"\/policies\/research-and-data-practices\/\"><span style=\"font-weight: 400;\">research and data practices<\/span><\/a><span style=\"font-weight: 400;\">. Each is incorporated as a part of this agreement. <\/span><\/p>\n<h1><span style=\"font-weight: 600;\">Support<\/span><\/h1>\n<p><span style=\"font-weight: 400;\">If you are a paying customer\u2014thank you! <\/span><\/p>\n<p><span style=\"font-weight: 400;\">We will do our best to make your experience extraordinary. You can read about our specific commitments in our <\/span><span style=\"font-weight: 400;\">Support and Operations Service Commitments<\/span><span style=\"font-weight: 400;\">. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">If you use our platform and don\u2019t pay us directly, don\u2019t worry\u2014we still want your experience to be fantastic, and we\u2019ll do our best to make that happen. You may also be eligible for support based on an agreement between Us and your institution. <\/span><\/p>\n<h1><span style=\"font-weight: 600;\">Fees<\/span><\/h1>\n<p><strong>Simple summary: Some of our Services, like the OER content on our website, are available for free. Our courseware, which also contains OER content, is not free. Your eligibility to use our courseware is subject to payment for your use either by you or your institution.<\/strong><\/p>\n<p><span style=\"font-weight: 400;\">You are eligible to use our Services, including Support, if you are an instructor for a course that has been paid for by your institution, or directly by the students in the course.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">You are eligible to use our Services, if you are a student and the required fees have been paid. Fees may be paid in a number of ways, including: <\/span><\/p>\n<ul>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Purchase of an activation code, often through the campus bookstore<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Setting a course fee on courses that use Lumen courseware<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Paying for activation directly through the Lumen Service<\/span><\/li>\n<\/ul>\n<h2><span style=\"font-weight: 600;\">Trial Use<\/span><\/h2>\n<p><span style=\"font-weight: 400;\">Some of our courseware is available in a free trial. Your use of our Services during a free trial is subject to these Terms and may be terminated at the conclusion of the trial unless your use becomes eligible in accordance with these Terms, including the Fees described here.<\/span><\/p>\n<h2><span style=\"font-weight: 600;\">Refunds<\/span><\/h2>\n<p><span style=\"font-weight: 400;\">We provide refunds if: <\/span><\/p>\n<ul>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">we stop providing our Services to you for a reason that\u2019s not laid out in these Terms or our Acceptable Use Policy<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">you submit a request for refund of a payment you made directly to us within 15 days of purchase<\/span><\/li>\n<\/ul>\n<p><span style=\"font-weight: 400;\">We are not obligated to provide a refund for any other reason. Please request refunds to <\/span><a href=\"mailto:support@lumenlearning.com\"><span style=\"font-weight: 400;\">support@lumenlearning.com<\/span><\/a><span style=\"font-weight: 400;\">. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">If you have purchased an activation code from your campus bookstore, or any organization other than us, you must request a refund from that organization. Please note activation codes are valid for the current term only. You can request credit for any surplus codes <strong>within 30 days after the end of the term<\/strong> by submitting a Zendesk request at <a href=\"https:\/\/lumenlearning.zendesk.com\/hc\/en-us\" target=\"_blank\" rel=\"noopener\">support.lumenlearning.com<\/a>. <strong>When requesting credit you must provide your Return Reference #.<\/strong><\/span><\/p>\n<h1><span style=\"font-weight: 600;\">Disclaimers and Liability<\/span><\/h1>\n<p><strong>Simple summary: People use Lumen courseware in so many great ways that we don\u2019t always anticipate. We hope, but can\u2019t guarantee that our service will meet your needs and we won\u2019t be responsible for any damages you incur using our services. <\/strong><\/p>\n<h2><span style=\"font-weight: 600;\">No Warranties<\/span><\/h2>\n<p><span style=\"font-weight: 400;\">We provide our Services as-is. To the maximum extent permitted by law, we don\u2019t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. People use Lumen courseware in so many great ways that we don\u2019t always anticipate. We hope, but can\u2019t guarantee that it will meet your needs.<\/span><\/p>\n<h2><span style=\"font-weight: 600;\">Limitation of Liability<\/span><\/h2>\n<p><span style=\"font-weight: 400;\">You assume full responsibility for any loss that results from your use of our Services, including any downloads from our website. To the maximum extent permitted by law, we and our Team won\u2019t be liable for any indirect, punitive, special, or consequential damages under any circumstances. Our total liability for all claims will be no more than what you paid for the Service in the past twelve months.<\/span><\/p>\n<h2><span style=\"font-weight: 600;\">Indemnity<\/span><\/h2>\n<p><span style=\"font-weight: 400;\">You agree to indemnify and hold us and our Team harmless from any losses, including attorney fees that result from any claims you make that aren\u2019t allowed under these Terms due to a \u201cLimitation of Liability\u201d or other provision. You also agree to indemnify and hold us harmless from any losses that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.<\/span><\/p>\n<h1><span style=\"font-weight: 600;\">Other Stuff<\/span><\/h1>\n<h2><span style=\"font-weight: 600;\">Changes and Notification<\/span><\/h2>\n<p><span style=\"font-weight: 400;\">We will provide notifications to you in a method of our choosing and you agree to receive legal notices electronically if we so choose. We will revise these Terms periodically and the current version will always be posted on our website. If we decide that a revision is material, we will notify you. You agree to be bound by the revised Terms if you continue using the Service. <\/span><\/p>\n<h2><span style=\"font-weight: 600;\">Term<\/span><\/h2>\n<p><span style=\"font-weight: 400;\">The Term begins when you begin to use Lumen Services and continues as long as you use the Services. Clicking the button and entering your username means that you agree to the Terms. <\/span><\/p>\n<h2><span style=\"font-weight: 600;\">Suspension &amp; Termination<\/span><\/h2>\n<p><span style=\"font-weight: 400;\">You or Lumen may terminate this agreement at any time and for any reason. We may suspend our Service to you at any time, with or without cause. If we suspend or terminate your account without cause, we\u2019ll refund any fees you paid us for the period. We won\u2019t refund or reimburse you if there\u2019s cause, like a violation of these Terms or our Acceptable Use Policy. Once terminated, we may permanently delete your account and all the data associated with it. If you don\u2019t log in to your account for 12 or more months, we may treat your account as \u201cinactive\u201d and permanently delete the account and all the data associated with it.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Even if this Agreement is terminated, the following sections will continue to apply: Your Content, Copyright, Limitation of Liability, No Warranties, Indemnity, and Severability.<\/span><\/p>\n<h2><span style=\"font-weight: 600;\">Assignment<\/span><\/h2>\n<p><span style=\"font-weight: 400;\">You may not assign your rights in this agreement to anyone else. We may assign our rights at our discretion.<\/span><\/p>\n<h2><span style=\"font-weight: 600;\">Severability<\/span><\/h2>\n<p><span style=\"font-weight: 400;\">If we learn that a part of this Agreement isn\u2019t enforceable, we will remove or modify that part, and the rest of the Terms will still be valid.<\/span><\/p>\n<h2><span style=\"font-weight: 600;\">Entire Agreement<\/span><\/h2>\n<p><span style=\"font-weight: 400;\">These Terms, our Privacy Policy, Copyright Policy, and Acceptable Use Policy, which are incorporated by reference in this agreement, as well as any supplemental terms like trial limitations, make up the entire agreement and supersede all prior agreements, representations, and understandings.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Terms of Service last updated 4\/13\/2018 Welcome to Lumen Learning! We make courseware to enable unprecedented learning for all students. These Terms of Service (&#8220;Terms&#8221;) govern your access to and use of Lumen&#8217;s website, courseware, other products and services (&#8220;Services&#8221;). Please read our Terms, and contact us about any questions. By accessing or using our [&hellip;]<\/p>\n","protected":false},"author":63,"featured_media":0,"parent":12986,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-12988","page","type-page","status-publish","hentry"],"acf":[],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/lumenlearning.com\/wp-json\/wp\/v2\/pages\/12988","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lumenlearning.com\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/lumenlearning.com\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/lumenlearning.com\/wp-json\/wp\/v2\/users\/63"}],"replies":[{"embeddable":true,"href":"https:\/\/lumenlearning.com\/wp-json\/wp\/v2\/comments?post=12988"}],"version-history":[{"count":3,"href":"https:\/\/lumenlearning.com\/wp-json\/wp\/v2\/pages\/12988\/revisions"}],"predecessor-version":[{"id":18163,"href":"https:\/\/lumenlearning.com\/wp-json\/wp\/v2\/pages\/12988\/revisions\/18163"}],"up":[{"embeddable":true,"href":"https:\/\/lumenlearning.com\/wp-json\/wp\/v2\/pages\/12986"}],"wp:attachment":[{"href":"https:\/\/lumenlearning.com\/wp-json\/wp\/v2\/media?parent=12988"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}