MYELTiS TERMS AND CONDITIONS OF USE
Effective starting: September 26, 2022
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
These terms and conditions define the legal rights and obligations between Ballard &Tighe, Publishers, a division of Educational IDEAS, Inc., (hereinafter referred as "B&T" or "We") and the Online ELTiS test takers. By using the Online ELTiS® web site ("Site" or "Service"), you ("User") agree to the terms and conditions listed on this page. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE.
SECOND ORDER RELATIONSHIP
You are on this Site because an educational institution has assigned a test to you. Your direct relationship is with the educational institution that assigned your test. That educational institution is your direct contact for any questions or comments that you may have about the testing process, as well as any technical issues that may arise during testing. The educational institution has a direct relationship with B&T. Their staff will communicate with B&T regarding your testing process and test record as needed.
YOUR TEST RECORD
You use this Site by entering an ELTiS Test Ticket number that you receive from an educational institution. You are responsible for being the only person answering the test questions under your ELTiS Test Ticket. You shall use reasonable precautions to protect your testing process from unauthorized access, attack, or use.
NECESSARY EQUIPMENT AND SOFTWARE
You or your educational institution 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.
NECESSARY EQUIPMENT AND SOFTWARE
You must provide all equipment and software necessary to connect to the Site, including but not limited to, a desktop or laptop computer or a 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.
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 by any means unless permission to reproduce is expressly granted directly on the material. Requests for permission should be directed in writing to Ballard &Tighe, Publishers, P.O. Box 219, Brea, CA 92822-0219.RESTRICTIONS ON USE OF MATERIALS
To protect the integrity of the ELTiS Testing system, any reproduction of the tests without the prior written permission from B&T constitutes copyright infringement and is a violation of the Terms and Conditions of Use of B&T Products. Any disclosure of the assessments may threaten the ongoing security, reliability, and/or validity of the test and the test's results, and therefore, the value and usefulness of the test.
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 U.S. 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.
When assigning this test to you, the educational institution administering this test has entered personally identifiable information about you into the system for the purposes of providing valid, reliable, and verifiable score reporting. You recognize that this personally identifiable information is stored in a part of B&T’s secure database that is only accessible to the organization that assigned your test. The personally identifiable information will be destroyed by B&T when no longer needed for the purpose for which it is collected, which is to report test scores to appropriate organizations requesting scores from this specific test to be reported for specific students. No specific information will be released by B&T to any other party unless there is a written request from the student’s parents specifying the 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. Additionally, you recognize B&T is using test response data to conduct studies that support the validity of B&T's tests. You recognize that these studies are conducted in such manner as will not permit the personal identification of individual students by anyone.
ASSESSMENT DATA CREATED AND OBTAINED FROM THE USE OF THE ASSESSMENT WEBSITE AND B&T'S RELATED SERVICES
The assessment data created and obtained from the use of the Site, and/or B&T's 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 on an individual student or individual organization to any third party without the prior notification and authorization of the student or organization and in compliance with the U.S. Children's Online Privacy Protection Act (COPPA).
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 ANY AND ALL ACTIVITIES THAT OCCUR UNDER YOUR ELTiS TEST TICKET 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 ELTiS TEST TICKET 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, 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.
DATA RETENTION
To maintain Site's optimum performance and data handling, we reserve the right to delete test records after a three-year period if necessary. Thus, test records at the individual student level may no longer be available. Customer organizations may export the data from the Site at any time prior to the three-year period for internal archiving purposes.
APPLICABLE LAW
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. If you experience problems during testing that require technical support, please ask your educational institution to contact B&T.
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.