Montessori-Now and Montessori and Special Needs
END USER LICENSE AGREEMENT
THIS END USER LICENSE AGREEMENT (“AGREEMENT”) GOVERNS THE USE OF THE ONLINE TRAINING SERVICES (“COURSEWARE”) OFFERED BY COMPANY Montessori Now (“M-N) ON ITS WEBSITE Montessori-now.com DESCRIBED BELOW. BY ACCEPTING THIS LICENSE AGREEMENT AT THE TIME OF PURCHASE AND PURCHASING THE COURSEWARE YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS. THIS AGREEMENT IS MADE AND ENTERED INTO EFFECT AS OF THE DATE OF PURCHASE BY AND BETWEEN YOU (THE “LICENSEE”) AND M-N, ITS AFFILIATES, REPRESENTATIVES, SUCCESSORS AND PERMITTED ASSIGNS (COLLECTIVELY REFERRED TO AS THE “LICENSOR”), A COLORADO COMPANY.
2. Payment. For access to and use of the Courseware, you agree to pay the amounts agreed upon with M-N’s personnel for the number of users and/or site for which you are purchasing a license. You hereby acknowledge and agree that the fee is payable in advance for each license purchased upon acceptance of this Agreement and will be charged whether you use the Courseware or not. You are responsible for any taxes, including personal property taxes or sales taxes, resulting from your use of the Courseware. Payments not paid when due shall be subject to late charges equal to the lesser of (i) one and one-half percent (1.5%) per month of the overdue amount or (ii) the maximum amount permitted under applicable law. You agree to pay all attorneys’ and collection fees arising from efforts to collect any past due amounts from you.
3. Restrictions on Use. All pages within this Website and any material made available for download (collectively the “website”) are the property of MONTESSORI-NOW. The Website is protected by federal and international copyright and trademark laws and no portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express prior written permission of M-N. Access to the Website is for the Licensor only and may not be shared with any third party. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials. As the Licensee, you agree to purchase course registration and training materials from the Licensor for each person receiving training, except as spelled out in a site license. The terms of a site license vary by product and are outlined on the Website. It is the responsibility of the purchaser to understand the specific terms of the site license for the product in question. You also agree not to make M-N courseware available over the Internet to anyone for whom you have not purchased a license, even if you have a site license. Any rights not expressly granted by this End User License Agreements are reserved by M-N.
4. Website Availability. M-N’s Website will be accessible to you via the World Wide Web portion of the Internet twenty-four (24) hours a day, seven (7) days a week, except for scheduled maintenance and required repairs, and except for any loss or interruption of Courseware due to causes beyond the control of M-N or which are not reasonably foreseeable by M-N, including, but not limited to, interruption or failure of telecommunication or digital transmission links and Internet slow-downs or failures.
5. Modifications and Changes to Courseware and/or Website. The software, content, availability and access and all other features, attributes or aspects of the Courseware and Website are subject to change, modification, additions, or deletions at any time without notice at M-N’s sole discretion.
6. Links or Pointers to Other Sites. M-N makes no representations whatsoever about any other website that you may access through M-N’s Website or the Courseware. When you access a non-M-N Website, you understand that it is independent from M-N and M-N has no control over the content on that website. In addition, a hyperlink to a non- M-N website does not mean that M-N endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.
8. Prohibited Activities. You may not modify, reverse engineer, or decompile the Software or Courseware or create derivative works based on the Software or Courseware. You may not distribute, rent, lease, sell, license, or otherwise transfer rights in the Courseware to any other person or entity or make any other commercial use of the Courseware. Except for downloading of the course workbook and accompanying materials, which is authorized, you may not save the Software to your computer or any other storage medium. You may not violate any security or corrupt the Website in any way.
9. Disclaimer of Warranties. THE COURSEWARE IS PROVIDED AS-IS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. M-N EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE/NON-INFRINGEMENT TO THE FULL EXTENT PERMITTED BY LAW. M-N DOES NOT WARRANT THAT THE COURSEWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE COURSEWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE COURSEWARE WILL BE CORRECTED. M-N DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE COURSEWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, QUALITY, RELIABILITY, APPROPRIATENESS FOR A PARTICULAR TASK OR APPLICATION, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY M-N OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. WHILE THE LICENSOR TRIES TO ENSURE THE INFORMATION IN THE COURSEWARE IS CURRENT AND ACCURATE, IT OFFERS NO WARRANTY THAT THE INFORMATION IS ERROR FREE. LICENSEE AGREES THAT LICENSOR WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM ANY ERRORS OR INACCURACIES IN THE COURSEWARE AND THE DOCUMENTS USED IN CONNECTION WITH IT. YOU ARE ENTIRELY RESPONSIBLE FOR AND ASSUME ALL RISK FOR USE OF THE COURSEWARE. M-N IS NOT RESPONSIBLE FOR TRANSMISSION ERRORS OR CORRUPTION OR SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATION LINES.
10. Limitation of Liability. IN NO EVENT SHALL M-N BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, LOSS OF DATA, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF OR RELATED IN ANY WAY WITH TO THIS AGREEMENT OR THE COURSEWARE, OR FOR ANY CLAIM BY ANY THIRD PARTY (INCLUDING FOR INTELLECTUAL PROPERTY INFRINGEMENT), EVEN IF M-N HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF M-N TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO M-N.
11. Sole and Exclusive Remedy. Licensee’s exclusive remedy and Licensor’s entire liability for breach of this Agreement if the Licensee is dissatisfied for any reason with the Courseware is to terminate this Agreement by notifying M-N in writing. At its sole and exclusive discretion, Licensor will return the purchase price to the buyer minus the reasonable value of the Licensor’s setup of accounts and the Licensee’s use of the product. The parties also agree that, regardless of the failure of the sole and exclusive remedy, the Licensor will not be liable for any consequential damages of whatsoever kind or nature.
12. Term and Termination. The term of this Agreement shall commence as follows: (i) For single seat direct purchases via web the term begins at time of purchase. (ii) For subscriptions purchased via activation code, including, via promotion, resellers or multi-seat purchases, the term begins on the date of the first activation or 30 days from the date of purchase, whichever occurs first. Unused seat licenses shall expire at the end of one year and are not eligible for a refund.
Course Access shall continue for the length of time established by the original purchase, unless earlier terminated as provided in this Agreement. This License is effective for the period of one year from the date of purchase or the first activation and can be re-purchased for additional one-year periods.
Renewals will be at the current Courseware price at the time of re-purchase, less any newly negotiated discounts, rebates or other special offers. M-N may increase Courseware fees at any time to take effect on future re-purchase dates. Renewal purchases will be charged to the credit card submitted at the time of payment or invoiced by agreement.
13. Rights and Duties Upon Termination. Upon termination of this Agreement, all rights to the Courseware terminate immediately and you must remove any M-N software or content from your computer immediately with the exception of the course workbook and course handouts. You remain liable for the full charge(s) for all unexpired Term(s). If this Agreement is terminated for any reason, you agree not to re-register for or otherwise access the Courseware without M-N’s prior written approval. M-N may delete any data files associated with your use of the Courseware upon termination of this Agreement.
14. Use of Free Tutorials. If you elect to use the Courseware as a guest by using one or more of the free tutorials offered from time to time on M-N’s website, all of the terms and conditions of this Agreement will be applicable to such use, excluding, however, any terms related to payment.
15. Indemnification. Licensee agrees to indemnify, defend and hold harmless Licensor from and against any claim in excess of the limitation set forth in this Agreement, and this limitation shall apply even in the event of breach of contract, active or passive negligence, or otherwise of Licensor, or any claim of failure of essential purpose.
16. Force Majeure. Neither party shall be liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, and changes in law, regulation or government policy, riots, war, fire, epidemics, transportation difficulties or other occurrences which are beyond either party’s reasonable control.
17. Choice of Law, Venue and Jurisdiction. This Agreement is entered into in the State of Colorado and shall be governed by and construed in accordance with the laws of the State of COLORADO, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction and venue of the state and federal courts sitting in the Denver County in the State of Colorado, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the terms and conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary, so that the remaining terms and conditions shall otherwise remain in full force and effect.
18. General Terms. Your rights and obligations under this Agreement may not be assigned or transferred without the written permission of M-N and any assignment or transfer in violation of this provision shall be null and void. If any provision of this Agreement is determined to be invalid, all other provisions will remain in force. Notice or other communication between you, and M-N may be given by conventional first-class mail or by email. Notices sent by first-class mail are effective on the fifth day after mailing. Notices sent by email are effective the next business day after they are sent. YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS AND THE TERMS AND CONDITIONS OF THE USE POLICY, WHICH CAN BE FOUND AT: Montessori-now.com. FOR INFORMATION, YOU MAY CHOOSE NOT TO BECOME A USER OF THE COURSEWARE.
If you purchase a live workshop event, held at a specific time and place with a presenter through Zoom, on site, such as a retreat or conference or held at a retreat or conference, the following additional Terms and Conditions will apply.
CANCELLATION AND REFUND POLICY
If you cannot attend the event you may either transfer your registration to another attendee or request a refund.
Send an email to EMAIL ADDRESS and provide the replacement attendee’s first and last names, and valid email address. Upon receipt, Montessori-Now will send registration instructions to the new attendee and remove the cancelled attendee’s name from the event list. The courtesy of a minimum of one week’s notice is requested to ensure accuracy of event materials.
Requests must be made in writing via email to email@example.com no later than 2 weeks prior to the event. A $25.00 processing fee may be withheld from the original registration amount paid. We regret that no refunds will be granted after the catering guarantee has been made (typically 10 business days prior to the event).
TERMS AND CONDITIONS
MONTESSORI-NOW reserves the right to cancel an event for any circumstances beyond its control. The total amount of liability that the company will be limited to is a refund of the event registration fee. Attendees who incur any expenses (including but not limited to transportation costs, lodging, and travel visas) in anticipation of attending the event do so at their own risk.
SUBMISSION OF AN EVENT REGISTRATION FORM ACKNOWLEDGES ACCEPTANCE OF THESE PROVISIONS.