Terms of use

In these Terms of Use:

"Digital tasks"

means electronic interactive versions of lesson task types.

"Disputes"

has the meaning prescribed under Section 16.

"Distribute"

means to incorporate, run, submit, use, display, copy, upload, post, reproduce, embed, communicate, publish, distribute, create derivative works of, adapt, translate, perform, transmit, arrange, modify, export, merge, transfer, share, outsource and/or make available.

"Includes" and "including"

means including without limiting the generality of the foregoing.

"Licence"

has the meaning prescribed under Section 8.

"Marks"

means the RED RIVER PRESS name and logos, and any other trademarks, trade dress, designs, trade names, domain names and logos appearing on or in connection with the Service.

"Operator"

means Red River Press Inc., including all of its affiliates, subsidiaries, shareholders, officers, directors, agents, users, representatives, contractors, suppliers, customers, licensors, licensees, partners, affiliates and employees. From time to time, the Operator is referred to in these Terms of Use as "we" or "us."

"Order Acceptance Confirmation"

has the meaning prescribed under Section 10.

"Person"

includes natural persons and any type of incorporated or unincorporated entity.

"Registration Data"

has the meaning prescribed under Section 9.

"Registered user"

means a person who has created and registered an account with the Service.

"Service"

means the Site, as well as any online services offered by the Operator on the Site, including online retail services.

"Site"

means this website, having the URL http://www.ellii.com as well as any related applications made available by the Operator on the Site and in any app stores for use on mobile devices, tablets, personal computers and other devices and subdomains and subsidiary sites, and all of the related web pages relating thereto, including content, user interfaces, visual interfaces, applications, software, information, photographs, images, ideas, illustrations, audio clips, video clips, data, code, designs, pictures, graphics, text, files, icons, user accounts, titles, themes, objects, techniques, databases, dialogue, locations, concepts, artwork, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, company names, the Marks, trademarks, logos and trade names or other materials uploaded, downloaded and/or contained in or electronically Distributed on the Site or the Service.

"Terms of Use"

means these Terms of Use, including the Privacy Policy on the Site and other policies, operating rules and procedures referenced herein and/or available by hyperlink in these Terms of Use, and any additional terms, conditions or future modifications as described herein.

"Use" or "uses"

includes accessing, registering, viewing, reading, copying (whether in whole or in part), creating an account, Distributing User Content, and purchasing.

"User"

means a person who uses and accesses the Service in any manner, including merely accessing or viewing the Site, and includes a registered user, visitor, customer, contributors of User Content, or browser. Such a person is referred to in these Terms of Use as "user" or "you."

"User Content"

means any and all content, material and information Distributed by users via the Service, including any and all material and information about you and/or your image, your location, information in text, maps, videos, audio, images, articles, publications, data, photographs, illustrations, artwork, questions, suggestions, inquiries, testimonials, feedback, reviews, emails, ideas, drawings, comments, opinions, concepts, designs, music, sound, software, product names, company names, trademarks, logos and trade names, including any intellectual property rights contained therein.

Welcome to the website and online service of the Operator. This is a legal agreement between you and the Operator. These Terms of Use govern your use of the Service. Each time you use the Service, you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, to be bound by these Terms of Use, whether or not you are a registered user of our Service. You must obey the Operator's policies as stated in these Terms of Use as well as all other operating rules, policies and procedures that may be published from time to time on the Service, each of which is incorporated herein by reference and each of which may be updated by the Operator from time to time without notice to you. You represent and warrant that you have the legal authority to agree to and accept these Terms of Use on behalf of yourself and any person you purport to represent.

The Service is for convenience and informational purposes only and is not intended to convey advice or recommendations, or an offer to sell any product or service. These Terms of Use are in addition to any other agreement you may have with the Operator, including a transaction agreement. Your use of the Service includes the ability to enter into agreements and/or to make offers to purchase electronically. If you choose to enter into agreements and/or to make offers to purchase electronically, you acknowledge that your electronic communications are sufficient to constitute your agreement and intent to be bound by and to pay for such agreements and purchases. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

You may use the Service only if: (1) you have reached the age of majority where you live; and (2) you can form legally binding contracts under applicable law, or your school district, school or teacher has represented and warranted that they have obtained proper consent on your behalf. You may not use the Service if you live in a jurisdiction where use of the Service or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Service is lawful, and you must comply with all applicable laws.

If you are a school district, school, admin or teacher, you represent and warrant that you have the authority to consent to the collection of Personal Information for the purpose of providing the Service, and you have provided appropriate disclosures to students and parents regarding your sharing of Personal Information and student use of the Service. Ellii and the school, school district, admin or teacher agree to uphold their responsibilities under applicable law governing Personal Information and Student Data, including in the U.S. the Family Educational Rights and Privacy Act (FERPA) and the Children's Online Privacy Protection Act (COPPA). Ellii recommends that you provide a copy of the Ellii Privacy Policy to parents, guardians and students. If we determine that any Personal Information about a student has been disclosed to or collected by Ellii without the required consents or authorities, we will take reasonable steps to destroy that information securely and as quickly as possible, and we may suspend or terminate the associated account. If you believe that we have received Personal Information about a Student or Students without proper consent please contact us at hello@ellii.com.

The Operator reserves the right, at its sole discretion, to change, amend, modify, add or remove terms and conditions contained in these Terms of Use, at any time. The Operator shall post an update notice on the login page and an update flag in the footer of the site for 15 days. Your continued use of the Service following the posting of such changes will mean that you accept and agree to the changes. If you do not agree to the changes, please stop using the Service.

The Service allows you to access ready-made English teaching and learning content and courseware for educational use.

The Service is the proprietary property of the Operator, its suppliers or its licensors, as the case may be. Unless expressly stated otherwise, the Service is protected by copyright and other intellectual property laws.

The Marks are registered or unregistered trademarks, trade dress, designs, domain names, trade names and logos owned or licensed by the Operator. All other trademarks, designs, domain names, trade names and logos not owned by the Operator that appear on the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Operator. Any use of the Marks, except as expressly provided in these Terms of Use, is strictly prohibited. Nothing appearing on the Service or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use in any manner any of the Marks.

We acknowledge that when you obtain access to the Service, your computer downloads a copy of the information that is on it. Provided that you are eligible for use of the Service and subject to these Terms of Use, the Operator hereby grants to you a limited personal, non-exclusive, non-sublicenseable, worldwide, revocable, non-assignable and non-transferable right and licence, to access, read, display on your computer, use and assign Digital Tasks to your own students of whom sub-student licences have been created and assigned, download and print a single copy of the text and images which are available on the Site (including any forms available on the Site which are designated for printing), and make photocopies to distribute to your own students only, solely for your personal and non-commercial use in connection with viewing the Site on any computer and any mobile devices, tablets, personal computers and other devices which you own and control, subject to any usage rules or other restrictions set out by the device manufacturer, app store provider or platform operator for the term of these Terms of Use (the "Licence").

The Licence is personal to you, and may not be assigned, transferred or sub-licensed to any other person. Without limiting the generality of the foregoing, you may not make any commercial use of the Site, include the Site in or with any product that you create or Distribute, or copy the Site onto your, or any other person's, website. You will keep all copyright and other proprietary notices intact. Your use of the Service does not transfer to you any ownership or other rights in the Service. You may use the Service only in the manner described expressly in these Terms of Use and subject to all applicable laws. The Service may not be modified, copied, Distributed, forwarded, framed, reproduced, republished, downloaded, displayed, posted, uploaded, incorporated, transmitted, sold or exploited in any form or by any means, in whole or in part, without the Operator's prior written permission, except as expressly permitted by these Terms of Use or by applicable copyright laws. Any use of the Service, other than as specifically authorized under these Terms of Use, without the prior written consent of the Operator, is strictly prohibited and will terminate the Licence. The Licence is revocable by the Operator at any time without notice and with or without cause.

You acknowledge and agree that the availability of certain applications related to the Service is dependent on the third party from which you received the application. Each application store may have its own terms and conditions to which you must agree before downloading the application from it. The Licence is conditioned upon your compliance with all applicable terms of use or terms and conditions of the applicable application store.

You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by any registration form(s) on the Service, including your geographical location and billing address (the "Registration Data"); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete, including a valid email address. If you provide any information that is untrue, inaccurate, not current or incomplete, the Operator has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

Registered users will receive a password and account designation upon completing the Service registration process. You are responsible for maintaining the confidentiality of the password, account and account designation and are fully responsible for all activities that occur under your password, account designation or account. You agree to: (a) immediately notify the Operator of any unauthorized use of your password, account designation or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. You agree that the Operator cannot and will not be liable for any loss or damage arising from your failure to keep your password and account secure.

You may not transfer or sell your account and account designation to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to these Terms of Use. You may not use the Service to direct shoppers to another online selling venue to purchase the same products as listed in the Service. This includes posting links/URLs or providing information sufficient to locate the other online selling venue(s). You cannot use your account for the purpose of redirecting traffic to another web location.

Certain aspects or all of the Service will not be available to temporarily or indefinitely suspended registered users. The Operator reserves the right, in the Operator's sole discretion, to cancel unconfirmed or inactive accounts. The Operator reserves the right to refuse the Service to anyone, for any reason, at any time.

(a) Order acceptance

Advertisements on the Service, including the Site, are invitations to you to make offers to purchase products and services on the Service and are not offers to sell. All prices and other amounts appearing on the Service are quoted in US dollars. Your properly completed and delivered electronic order form constitutes your offer to purchase the products or services referenced in your order. Your order will be deemed to be accepted only if and when we send an order acceptance confirmation email and you are redirected to a purchase confirmation page (collectively, the "Order Acceptance Confirmation"). The Order Acceptance Confirmation constitutes our acceptance of your order and forms a legally binding contract between you and the Operator.

(b) Payment

The Operator accepts payment via PayPal, Visa, Mastercard, and Purchase Order. Please be sure to provide your exact billing address and telephone number, which should be the address and telephone number connected with your credit card or payment account. Incorrect information may cause a delay in processing your order. The total price of your order will be charged to your method of payment when we have sent the Order Acceptance Confirmation to you. Purchases will include appropriate sales tax based on where the product or service is shipped and the sales tax rate(s) in effect at the time your order invoices.

(c) Cancellation

If for any reason you are not completely satisfied with the product or service you have purchased, please contact the Operator directly at the support page at ellii.com/contact.

(d) Changes / corrections / availability

The Operator reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available on the Service, the prices, fees, charges and specifications of such products and services, any promotional offers and any other part of the Service without any notice or liability to you or any other person; (c) reject, correct, cancel or terminate any order, including accepted orders for any reason; and (d) limit quantities available for sale.

(e) Misprints and errors

The Operator endeavours to provide current and accurate information on the Service. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. The Operator cannot guarantee that products and services advertised on the Service will be available when ordered or thereafter. The Operator does not warrant that the Service, including product descriptions or photographs, is accurate or complete.

(f) Your information

We rely on the information you provide through the Service, including Registration Data, payment information, and transaction-related information, which must be true, accurate, current and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your Registration Data and payment information within 30 days of any change.

(g) Encryption

The Service uses encryption technology to protect credit card information and payment account information from access by unauthorized third parties. However, the Operator cannot guarantee that the encryption technology will operate as intended or that a third party will not be able to access such information.

(h) Discounts and promotions

The Operator may make discounts and "free shipping" promotions available on certain items or in certain circumstances. Discounts and promotions are governed by these Terms of Use and any additional terms and conditions set out by the Operator applicable to the particular discount or promotion.

You agree that you will be personally responsible for your use of the Service and for all of your communication and activity in using the Service, including any User Content you Distribute via the Service. You agree at all times to indemnify, defend and hold the Operator harmless from any and all liability or damages arising from your conduct on the Service, including any User Content that you Distribute via the Service and/or infringement of a third party's intellectual property rights.

As a condition of using the Service, you agree to all of the following:

• You may be required to select a user name and password to access certain aspects of the Service. You are responsible for maintaining the confidentiality of your user name and password.
• You are responsible for all activity that occurs under your user name.
• You are solely responsible for your conduct and any User Content that you Distribute on the Service or that you allow others to Distribute on the Service.
• You will not Distribute any User Content to, on or through the Service that is fraudulent, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, slanderous, pornographic, invasive of another's privacy, or hateful.
• You will not Distribute any User Content that infringes or violates a patent, trademark, trade secret, copyright or other intellectual property rights of another person or entity, or that violates any right of privacy.
• You will not transmit any worms or viruses, spyware, malware, bugs or any other harmful or destructive code to or through the Service.
• You will not Distribute to users any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "affiliate links," or any other form of solicitation.
• You may not link to or frame the Service, or any portion thereof, except as provided herein.
• You will not use the Service for any illegal or unauthorized purpose or violate any applicable state, provincial, federal or local laws in your jurisdiction.
• You will not "stalk" or otherwise harass anyone on or through the Service.
• You will not pretend that you are, or that you represent, someone else, or impersonate any other person or entity.
• You will not access another registered user's account without that registered user's permission, nor will you compromise another registered user's account.
• You will not violate nor attempt to violate the security of the Service, including accessing data not intended for you, probing or scanning vulnerabilities, using bots/scrapers/spiders, taking actions that impose an unreasonable load on the infrastructure, or interfering with any user, host or network.
• You shall not transmit email or other content that includes personal or identifying information about another person without that person's explicit consent.
• You shall not sublicense, reproduce, duplicate, copy, rent, lease, sell, resell, exploit, redistribute, modify, create derivative works from, reverse engineer, broadcast, Distribute, disseminate, decompile, publish, transmit, translate, adapt or vary any of the Service, in any form or by any means.
• You shall not remove any copyright, trademark or proprietary notices from any copies of the Service.
• You shall not create a database in electronic or structured manual form by systematically downloading and storing all or any of the Service.
• Your use of the Service cannot in any way harm or prejudice the image or perception of the Service or the Operator to others receiving the information on the Service.

While the Service may contain links to external sites or resources, the Operator is not responsible for the content of any of the linked external sites or resources. The Operator provides these links as a convenience. The Operator does not endorse any external site or resource or accept responsibility or liability for its content, products, services, accuracy, authenticity, timeliness or completeness. You access these linked external sites and resources at your own risk. You may find some content to be offensive, harmful, inaccurate, or deceptive. You agree that the Operator shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products or services available on or through any such external sites or resources.

The Service may contain the opinions, advice, statements and views of other users. Given the interactive nature of the Service, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users. Any opinions, advice, statements and views expressed or made available by third parties, including registered users and users, are those of the respective author(s) or distributor(s) and not of the Operator.

The laws of certain jurisdictions do not allow limitations on implied warranties or conditions or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the below disclaimers, exclusions or limitations might not apply to you, and you might have additional rights.

You agree that the Service and all products and services included on or otherwise made available to you through the Service are provided by the Operator on an "as is" and "as available" basis, unless otherwise specified in writing. You further agree that your use of the Service and all products and services included on or otherwise made available to you through the Service by the Operator shall be at your sole risk.

To the fullest extent permitted by law, the Operator disclaims all warranties, conditions, guarantees and/or representations, express, statutory or implied, in connection with the Service, the User Content, the sites and resources linked to the Service, all products and services included on or otherwise made available to you through the Service and your access to and use thereof, including without limitation, any implied warranty, condition, guarantee and/or representation of merchantability and fitness for a particular purpose, title, performance, quality, non-infringement, security, accuracy, completeness, suitability or any implied warranty, condition, guarantee or representation arising from course of dealing or usage of trade.

In no event shall the Operator be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to (a) products or services included on or otherwise made available to you through the Service; (b) the Service and your access and use thereof; (c) the User Content; (d) the sites and resources linked to the Service; and (e) these Terms of Use, including but not limited to, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability.

To the maximum extent permitted by applicable law, you acknowledge and agree that your sole and exclusive remedy for any dispute with the Operator is to stop using the Service and to cancel your account. The Operator's total liability to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees you paid to the Operator in the 12 months prior to the action giving rise to liability; and (b) $100.

You and the Operator agree that any cause of action arising out of or related to the Service, any products or services included on or otherwise made available to you through the Service, the User Content, your access and use of the Service, any sites or resources linked to the Service or these Terms of Use, must commence and be filed within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

By accepting these Terms of Use, you agree to indemnify and hold the Operator harmless from and against any and all actions, claims, proceedings, costs, damages, demands, liabilities, expenses or tax assessments, whatsoever, including reasonable legal fees and disbursements, arising out of, sustained, incurred or paid by us, directly or indirectly, in respect of (a) your use and access of the Service; (b) your actual or alleged breach of these Terms of Use; (c) your use of any sites or resources linked to the Service; (d) your actual or alleged infringement by you, or any third party using your account or password, of any intellectual property or other right of any person or entity; (e) any User Content you Distribute on or through the Service or which is sent to us by email or other correspondence; and/or (f) your actual or alleged violation of any applicable laws, rules, regulations or rights of another.

The Operator collects, uses and discloses users' personal information in accordance with its Privacy Policy, which is available by clicking here. The Operator's Privacy Policy may be changed from time to time by the Operator in its discretion without any notice or liability to you or any other person by making an amended Privacy Policy accessible through the Service. By accepting these Terms of Use, and each time you use the Service, you consent to the collection, use and disclosure of your personal information by the Operator in accordance with the Privacy Policy as it then reads.

The Operator and the Service (excluding linked websites or resources) are physically located within the Province of Manitoba, Canada. These Terms of Use will be governed by the laws of the Province of Manitoba and the federal laws of Canada and shall be treated in all respects as a Manitoba contract, without reference to the principles of conflicts of law. Any dispute between you and the Operator or any other person arising from, connected with or relating to the Service, these Terms of Use, or any related matters (collectively, "Disputes") will be resolved before the Courts of Manitoba, sitting in the City of Winnipeg, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes.

You and the Operator expressly exclude the UN Convention on Contracts for the International Sale of Goods and The International Sale of Goods Act (Manitoba), as amended, replaced or re-enacted from time to time.

You agree to waive any right that you may have to: (i) a trial by jury; and (ii) commence or participate in any class action against the Operator related to the Service, the User Content, these Terms of Use, any sites or resources linked to the Service and/or the products and services included on or otherwise made available to you through the Service. You also agree to opt out of any class proceedings against the Operator.

You and the Operator have required that these Terms of Use and all documents relating thereto be drawn up in English. Vous et Red River Press Inc. avez demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.

You consent to the exchange of information and documents between you and the Operator electronically over the internet or by email. You agree that this electronic agreement shall be equivalent of a written paper agreement between us.

Notwithstanding any other provision of these Terms of Use and without prejudice to any other rights we may have, the Operator may, in its discretion and for its convenience, at any time, change, discontinue, delete, deactivate, modify, restrict, suspend or terminate, immediately, temporarily or permanently, these Terms of Use, your password, your account, the User Content and/or the Service, or any part thereof, without any notice or liability to you or any other person, for any reason.

If we terminate your account, your right to use the Service will immediately cease. You may terminate your account at any time and for any reason, and we will make available through the Service reasonable means for you to do so. If you do not comply with these Terms of Use at any time, the Operator reserves the right to immediately suspend or terminate your access to the Service, or any part thereof, and/or your account, if any.

All provisions of these Terms of Use will survive termination or expiry of these Terms of Use, including without limitation, the disclaimers, limitations on liability, warranties, representations, ownership, termination, interpretation, intellectual property and indemnity provisions of these Terms of Use.

(a) Entire agreement

These Terms of Use, as they may be amended from time to time in accordance with the provisions of these Terms of Use, and all other existing transaction agreements between you and the Operator constitute and contain the entire agreement between you and the Operator with respect to your use of the Service and with respect to the subject matter hereof and supersede any prior oral or written agreements.

(b) Relationship

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use.

(c) Assignment and inurement

The Operator may assign these Terms of Use to any third party. These Terms of Use cannot be assigned or transferred, in whole or in part, by you. These Terms of Use will enure to the benefit of and be binding upon each of you and the Operator and our respective heirs, executors, personal representatives, successors and permitted assigns.

(d) No waiver

No waiver of any provision of these Terms of Use shall be binding on the Operator unless executed by the Operator in writing. The failure of the Operator to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

(e) Severability

Any provision of these Terms of Use which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law.

(f) Headings

All article or section headings are for reference and convenience only and shall not be considered in the interpretation of this agreement.

(g) Unsolicited commercial electronic messages

The inclusion of any email addresses on the Service does not constitute consent to receiving unsolicited commercial electronic messages or SPAM.

(h) Currency

All references to money amounts in these Terms of Use, unless otherwise specified, are in US dollars.

(i) Read and understood

I have read and accept the terms and conditions in these Terms of Use.

If you have any questions, concerns or comments, please contact us at:

• Red River Press Inc.
• Mailing address: PO Box 69052 Tuxedo Park, Winnipeg, Manitoba, R3P 2G9, Canada
• Telephone (international): +1 204 452 8241
• Telephone (toll-free US & Canada): +1 866 896 7123
• Contact: ellii.com/contact

© Copyright 2024 Red River Press Inc. All rights reserved.