Terms and Conditions

1. Acceptance of Terms

By accessing and using www.empoweredmontessori.com (the "Website"), you agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not use the Website.

2. Intellectual Property Rights

All content provided on the Website, including but not limited to text, graphics, logos, images, audio clips, videos, digital downloads, and software, is the property of Empowered Montessori LLC and is protected by international copyright laws. The compilation of all content on the Website is the exclusive property of Empowered Montessori LLC.

3. Content and Intent

All content provided on the Website provided by Empowered Montessori LLC, including but not limited to any purchased digital Montessori lessons and other materials (the "Digital Products"), may include topics related to social justice, diversity, equity, and inclusion. This content celebrates and acknowledges people of color, LGBTQIA+ individuals, people with special needs, and other historically marginalized or underrepresented groups. The intent of this content is to promote understanding, empathy, and inclusive education.

4. User Acknowledgment and Agreement

By accessing and using the Website, including but not limited to the Digital Products, you acknowledge and agree that:

(a)By purchasing any of the Digital Products, you acknowledge that you have read, understood and agreed to the Terms Conditions, including but not limited to (i) the product licensing terms herein, including but not limited to the specific print limitations for each Digital Product and (ii) the No Returns or Refunds Policy herein, which you further agree is a fair and reasonable policy given the nature of digital downloadable products;

(b) You understand that the content may reflect a commitment to social justice, diversity, equity, or inclusion in education;
(c) You will not initiate or participate in any legal action against Empowered Montessori LLC, its members, managers, employees, consultants, and affiliates (collectively, the "Company Parties") based on the subject matter, viewpoints, or inclusive nature of the content; and

(d) You understand that the Content may challenge existing beliefs or introduce new perspectives and you access it voluntarily and you further understand that the Company Parties do not warrant that the content will be free from controversy or universally accepted.

5. Use License

Upon purchasing the Digital Products, you are granted a limited, non-exclusive, non-transferable license to download and use the materials for personal, non-commercial use only, subject to the following conditions:

(a)Printing Limitations

Each Digital Product is subject to a specific print limit, which is clearly stated on the product page prior to purchase. You agree to adhere to these print limits and not exceed the number of prints allowed for each Digital Product.

(b) Usage Restrictions

This license does not include:
(i) Modifying or copying the Digital Products beyond the stated print limit;
(ii) Using the Digital Products for any commercial purpose;
(iii) Attempting to decompile or reverse engineer any software contained on the Website;
(iv) Removing any copyright or other proprietary notations from the Digital Products;
(v) Transferring the Digital Products to another person or "mirroring" the Digital Products on any other server; and
(vi) Sharing access to the Digital Products with others who have not purchased a license.

You acknowledge that the Digital Products may contain tracking mechanisms to monitor the number of prints made. You agree not to attempt to circumvent or disable these tracking features.

(d) Single User/Classroom

Unless explicitly stated otherwise, each license is intended for use by a single user or in a single classroom setting.

(e) Termination

This license shall automatically terminate if you violate any of the product licensing terms herein and may be terminated by Empowered Montessori LLC at any time. Upon termination, you must destroy any downloaded materials in your possession, whether in electronic or printed format.

6. Limitation of Liability and Indemnification

(a) Limitation of Liability

To the fullest extent permitted by applicable law, the Company Parties shall not be liable for any damages, including but not limited to indirect, incidental, special, consequential, or punitive damages; or any loss of profits or revenues, whether incurred directly or indirectly; or any loss of data, use, goodwill, or other intangible losses; or damages arising from the nature, subject matter or viewpoints expressed in the content provided by the Website, including but not limited to claims of bias or discrimination, emotional distress, ideological disagreement, perceived political stance or cultural or religious offense, resulting from:

(i) Your access to or use of or inability to access or use the content provided on the Website, including but not limited to the Digital Products, even in the event that the Company Parties have been notified orally or in writing of the possibility of damages;
(ii) Any conduct or content of any third party on or related to the Website, including but not limited to the Digital Products;
(iii) Any content obtained from the Website, including but not limited to the Digital Products; or
(iv) Unauthorized access, use, or alteration of your transmissions or content.

In no event shall the aggregate liability of the Company Parties exceed the amount you paid, if any, for accessing or using the Website, including but not limited to the Digital Products, during the twelve (12) months immediately preceding the date of the claim.

(b) Indemnification

You agree to defend, indemnify, and hold harmless the Company Parties from and against any claims, liabilities, damages, losses, cost of debt, and expenses, including but not limited to reasonable legal and accounting fees, arising out of or in any way connected with:

(i) Your access to or use of the Website, including but not limited to the Digital Products;
(ii) Your violation of the Terms and Conditions;
(iii) Your violation of any third-party right, including but not limited to any intellectual property right, publicity, confidentiality, property, or privacy right; or
(iii) Any claim that your use of the Website, including but not limited to the Digital Products, caused damage, offense or harm to a third party.

This defense and indemnification obligation (i) specifically includes but is not limited to any claims related to the social justice, diversity, equity and inclusion aspects of the content, including the Digital Products; and will survive these Terms and Conditions and your use of the Website, including but not limited to the Digital Products.

The Digital Products and all information, content, materials, products, and services included on or otherwise made available to you through the Website are provided by the Company Parties on an "as is" and "as available" basis. The Company Parties make no representations or warranties of any kind, express or implied, as to the operation of the Website, including but not limited to the Digital Products, or the information, content, materials, products, or services included on or otherwise made available to you through the Website. The Company Parties hearby disclaim and negate all other warranties including but not limited to implied warranties or conditions of merchantability, fitness for a particular purpose or non-infringement of intellectual property or other violation of rights. You expressly agree that your use of the Website, including but not limited to the Digital Products is at your sole risk.

(d) Waiver of Class Action

You agree to waive any right to participate in a class action lawsuit or class-wide arbitration against any of the Company Parties related to your use of the digital Montessori lessons or these Terms and Conditions.

7. No Returns or Refunds Policy

(a) Non-Refundable Digital Products

Due to the nature of the Digital Products, all sales are final. Once a Digital Product has been downloaded, the Company Parties do not offer returns, exchanges, or refunds. By making a purchase, you acknowledge and agree to this no returns or refunds policy.

(b) Reasons for No Refunds

You understand and agree that:

(i) Digital Products are immediately accessible upon successful payment and download;
(ii) Once downloaded, Digital Products cannot be returned or "un-downloaded;" and
(iii) The value of the Digital Products lies in their intellectual content, which cannot be returned once accessed.

If you experience technical difficulties with downloading or accessing your purchased Digital Products, you must contact Empowered Montessori LLC at info@empoweredmontessori.com within 90 days of your purchase date and the Company Parties will work with you to resolve any technical issues, which may include providing a new download link or troubleshooting assistance. Technical support does not, however, constitute grounds for a refund but rather an opportunity to ensure you can access your purchased Digital Products.

(d) Exceptions

Empowered Montessori LLC reserves the right, at its sole discretion, to evaluate refund requests on a case-by-case basis in exceptional circumstances. However, approval of such requests is not guaranteed and will be determined based on the specific situation and evidence provided.

(e) Customer Responsibility

Before purchasing the Digital Products, it is the customer's responsibility to:

(i) Carefully review the product description and system requirements;
(ii) Ensure your device and software are compatible with the Digital Products; and
(iii) Contact Empowered Montessori LLC at info@empoweredmontessori.com with any pre-purchase questions or concerns.

8. Changes to Terms and Conditions

Empowered Montessori LLC reserves the right to revise the Terms and Conditions at any time without notice. By using the Website, you are agreeing to be bound by the then current version of these Terms and Conditions.

9. Severability

If any provision of the Terms and Conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms and Conditions shall otherwise remain in full force and effect and enforceable.