Last updated: January 27, 2021
For purposes of this Agreement:
“Resource” means content or products obtained through the Digital Resources Store, such as downloadable booklets, courses, activity cards, and other content.
“Digital Resources Store” means our stores, on our website, or other services, the web homepage of which is located at www.kelly-mahler.com/shop/.
“Service” means the provision of the Digital Resources Store, Resources, and support and other services that we provide users of the Digital Resources Store and Resources.
1. Digital Resources
Use of Resources. Upon your access or download of any Resource and payment of any applicable fees (including applicable taxes), Mahler grants you a non-exclusive right to view, use, download, and print such Resource solely for your personal, non-commercial use. For example, you may use the Resource for your own household’s study or to teach in your own classroom, but you may not sell it to or share it with another teacher for use in that teacher’s classroom. A Resource is Individually licensed, not sold or transferred, to you. The Resource may include additional terms for use. Those terms will also apply, but this Agreement will govern in the event of a conflict.
Individual License. An Individual License is a license that may only be assigned to a single specific individual user (“Assignee”) (e.g. one specific teacher) for that Assignee’s lifetime use. Individual Licenses are non-transferable and may not be used by or reallocated to a different Assignee (for example, a therapist who purchases an Individual License can use such Resource, in accordance with this section, for their lifetime but cannot transfer use of such Resource to another therapist after her or his retirement).
Except as otherwise stated in these Terms (such as in the “Limitations on Access” section set forth below), with an Individual License, kelly-mahler.com grants to the purchaser, for use by one Assignee, a non-exclusive, perpetual, irrevocable, non-transferable, non-sublicensable, worldwide, limited license to use the Resource for the purposes and under the conditions described below.
If you purchase an Individual License, Kelly-mahler.com permits you to:
Assign use of the Resource to one Assignee. Once an Assignee has been designated, the license cannot be used by any other individual, but you can purchase additional licenses as needed. For clarity, you can purchase an Individual License for yourself, as a gift for another person, or as an Organization purchasing on behalf of a teacher, therapist or other staff member. In such cases, a single “transfer” of the Resource to the intended recipient Assignee is permitted, but you may not reallocate an Individual License from one Assignee to another or share the Resource with additional users unless you purchase additional licenses for each additional Assignee.
As an Assignee of an Individual License, Kelly-mahler.com permits you to:
Use the Resource for personal, educational, and instructional use only (“Personal Use”). This means you can use Resources for your own personal purposes, for your individual study, and to teach your clients or students.
Print and make copies of downloadable Resources as necessary for your own Personal Use. Hard goods and video resources may not be copied, shared, or otherwise reproduced.
Limitations. Unless specifically indicated otherwise, you may not sell, rent, lease, transfer, distribute, broadcast, sublicense, or otherwise assign any rights to the Resource or any portion of it to any third party, and you may not remove or modify any proprietary notices or labels on the Resource. You may not upload Resources to websites, applications, shared drives or other sites or services in a way that enables access by anyone other than the Assignee. In addition, you may not attempt to bypass, modify, defeat, or otherwise circumvent any digital rights management system or other content protection or features used as part of the Service.
Risk of Loss. Risk of loss for a Resource transfers to you when you download or access the Resource.
Termination. Your rights under this Agreement will automatically terminate if you fail to comply with any term of this Agreement. In case of such termination, you must cease all use of the Service, and Mahler may immediately revoke your access to the Service without refund of any amounts paid by you. Mahler’s failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights.
Changes to Service; Amendments. We may change, suspend, or discontinue the Service, in whole or in part, including adding or removing a Resource from a Service, at any time without notice. We may amend any of this Agreement’s terms at our sole discretion by posting the revised terms on the Kelly-mahler.com website. Your continued use of a Resource or any aspect of the Service after the effective date of the revised Agreement terms constitutes your acceptance of the terms.
Disputes/Binding Arbitration. Any dispute or claim arising from or relating to this Agreement or the Service is subject to the binding arbitration, governing law, disclaimer of warranties and limitation of liability and all other terms in the kelly-mahler.com Conditions of Use. You agree to those terms by entering into this Agreement, using the Digital Resources Store, purchasing or using a Resource, or using any other aspect of the Service.
Limitation of Liability. Without limiting the Disclaimer of Warranties and Limitation of Liability in the kelly-mahler.com Conditions of Use, in no event will our or any other Content Provider’s aggregate liability to you for all damages arising from your use of the Service exceed the amount you actually paid for the Resource related to your claim for damages. These limitations will apply to you even if the remedies fail of their essential purpose.
Contact Information. For help with the Service, the Digital Resources Store, a Resource, or resolving other issues, please contact Customer Service at www.kelly-mahler.com/contact.