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.
Data Privacy Agreement
We are committed to ensuring the strongest possible privacy protections for any student data managed on the Ellevation Software Platform (the “Platform”), as well as information collected from individuals who visit Ellevation’s Public Web Site (the “Site”). Therefore, we want you to understand what personal information is collected on the Site and the Platform and how information is used. The purpose of this Privacy Statement is to describe our practices and procedures as they relate specifically to such information. Before doing so, we want to share a few fundamental principles:
- Ellevation Software (the application used by our school district partners) is subject to FERPA compliance. District data, on both students and educators, can only be used to fulfill the obligations of our partnership and cannot be used for other commercial purposes.
- We DO NOT sell or share any personal data, nor do anything else with partners’ data, save for delivering services through our Ellevation platform.
Information about Students and Data Collection and Privacy
Educators use the Ellevation Platform to gain a deeper understanding of English Language Learners (ELLs), including strengths and challenges, generate learning plans specific to each student’s English Language Development Proficiency Levels, collaborate more easily with colleagues and review the progress of ELLs, communicate more easily with parents that speak a wide array of languages, conduct important meetings and facilitate important decisions, and much more. Although we may add new features in the future, Ellevation is currently intended for use only by school officials and for the purposes noted above.
Ellevation helps make data easy to review and actionable, helping educators inform instruction and save time. When using Ellevation, school officials are accessing student data that has been entrusted to them, which by extension has been entrusted to us. That trust is something we take very seriously. We have prepared this Policy in order to be to be transparent about the steps we take to protect information entered in Ellevation, who has access to that information, and how that information is used.
The Ellevation Platform, accessible to users through a secure username and password, may contain student data that has been entered by a registered user of the Platform or imported from another system used by the district, such as the Student Information System. Ellevation takes great care to follow stringent privacy protections for this student data. Any personally identifiable information about a student, which is protected under the Family Educational Rights and Privacy Act of 1974, as amended (20 U.S.C. § 1232g et seq.) and disclosed to Ellevation by an authorized organization or user (“FERPA Protected Data”), shall be used solely to fulfill obligations under this Agreement and shall not be disclosed to any other party without the prior written consent of the student’s parent (or of the student if he/she is age 18 or older). Simply put, we will only use personally identifiable information from students’ records to enable school officials to access and use Ellevation. Unless a school official expressly instructs otherwise, we will not share or reuse personally identifiable information from education records for any other purpose. While we think those statements are clear, to avoid any doubt, we will not use student personally identifiable information to target students or their families for advertising or marketing efforts or sell rosters of student information to third parties (setting aside whether that violates FERPA, as a mission-driven organization, we simply think that is the wrong thing to do).
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. Upon termination of the Agreement, Ellevation 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. For example, the Company may use and disclose De-identified Data to support research or to make a recommendation about an instructional strategy to a teacher based on a his or her student’s strengths and needs. Such lawful uses and disclosures may be made without reimbursement or notification to, or consent or authorization from, an authorized organization or user.
Information About School Officials
Information Provided to EllevationWhen a school district begins to use Ellevation, administrators typically provide information about educators that will be using Ellevation, including first and last name, email address, and associated school. In addition, you may be asked to provide information from time to time to assist with ongoing support and maintenance; this may include information like records and copies of your correspondence if you contact us.
Automatic Collection and TrackingWhen you access and use Ellevation, it may use technology (such as cookies, discussed further below) to automatically collect:
- certain details of that access and use, including traffic data, location data and logs, and
- information about your computer or other device and internet connection, including the device’s unique device identifier, IP address, device location, operating system, and browser type.
With respect to technology that automates this information collection and tracking, we may use the following on Ellevation’s web pages and in emails from us to you:
- cookies, which are small files placed on the hard drive of your computer or other device, and
- small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us to, for example, count users who have visited those pages or opened an email and for other related statistics.
How We Use Your InformationIn general, we use user-provided personal information to facilitate use of the Ellevation Public Web Site, to provide subscribers with information about features and services available through the Platform, and to administer and assist us with the operation of the Platform. 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 Platform 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. 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 you expressly authorize us to do so.
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.
Changes to This Privacy Statement
Sale or Merger
If Ellevation, or substantially all of its assets, were acquired, or in the unlikely event that Ellevation goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Ellevation may continue to use your personal information as set forth in this policy.
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, please write to us on the “Contact” page of our website at www.ellevationeducation.com. this privacy statement was last updated on November 20, 2014.