Terms of service

TERMS OF USE

Last Updated: 3/23/2025

OVERVIEW

The terms "we" "us" and "our" refer to Project Based Primary®. The terms "website" and "site" refer to this website:www.projectbasedprimary.com. The terms "user" "users" "you" and "your" refer to visitors and customers/clients of this website. The terms "Service" or "Product" refers to the educational and informational content contained on this site, as well as general information about our services and products offered.

Thank you for visiting our website. The Terms of Use ("Agreement") is a legally binding agreement and applies to all users of our website and/or services. Continued use of this website is an acknowledgement of our Terms of Use and constitutes acceptance of the Agreement. Use of this website also represents that you have the right and capacity to enter into this Agreement. If you are not accepting this Agreement or do not have the right, authority or capacity to enter into the Agreement, do not use this website.

USE OF SITE

Children under 18 years of age are prohibited from using this website. By using this site you represent that you are 18 years of age or older, and have the capacity and authority to enter into this agreement.

LAWFUL PURPOSES

This site is to be used for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through this site. You agree to use this site for legitimate, non-commercial purposes only. You agree to not post or transmit any material through this website or via email that violates or infringes the rights of us or others, or any material that is threatening, abusive, obscene, defamatory, libelous, invasive of privacy rights, incites criminal conduct or gives rise to civil liability, or otherwise violates any law.

GUARANTEES AND WARRANTIES

Project Based Primary® does not guarantee any results from using this content and it is for educational purposes only, and to share general information about early childhood education and about us. Information provided on this website is subject to change. We try to provide up-to-date and accurate information but we do not make any representations that the information provided on this site, whether for free or for purchase, or any third party site linked through the website is always accurate, free from errors or omissions, current or reliable. The website and any purchase made from this site is provided “AS IS” and without any warranty of any kind, express or implied, including an implied warranty of fitness for a particular purpose, merchantability, title, and non-infringement.

Project Based Primary® does not guarantee any outcome based on your use of this website. Past results in other instances do not guarantee a similar outcome. No representations or warranties are made as to the accuracy or completeness of the site and use is at your own risk.

LIMITATION OF LIABILITY:

Project Based Primary® will not be liable for any direct, indirect, incidental, consequential or other damages arising out of or relating to your use of this website or services, loss of use, loss of data, website attacks including computer virus or hacking of any kind, third-party claims, or any misuse of information, services or products. We are not liable to you or any third party for any injury, loss or damages of any kind, whether the liability arises out of breach of contract, tort, negligence, warranty or otherwise, even if the other party has been advised of the possibility of such damages.

DISCLAIMERS

This website is not used to provide legal, medical, health, or financial advice, and no professional-client relationship has been formed by your use of this website. No material downloaded or resource used on this website constitutes legal, medical, health, or financial advice. Your use of the content on this site or content from our email list is at your own risk. We do not guarantee any results from using this content and it is for educational purposes only. It is your responsibility to do your own research, consult, and obtain a professional for your legal, medical, health, financial or other help that you may need for your situation.

You agree and acknowledge that we are licenced educator in Idaho. The website, services or product is not meant to be a complete solution for any situation and does not make any such promises or guarantees. It is your responsibility to obtain a professional if necessary for your situation and we are not responsible for any outcome.

The testimonials and opinions displayed on our website apply to the individual who wrote it. Results vary and the success of some does not guarantee the same or similar results from others. Our testimonials are provided on a voluntary basis. We did not pay for these testimonials, they were not given in exchange for free services or product or any other benefit.The testimonials on our website illustrate the typical experiences of our clients; however, we acknowledge that results are individual and can vary.

Any comments on our social media as accessed by our website are the opinions of the individual author and do not necessarily reflect our views or opinions. We reserve the right to remove any comments that we find offensive or inappropriate.

This website contains resources that contain “affiliate links.” If you click on a link and purchase the item we receive an affiliate commission; however, we want to make it clear that we only recommend products or services that we believe will be beneficial to you. If an affiliate link is posted, it will be disclosed to you on the same page. We disclose this information in accordance with the Federal Trade Commission’s 16 CFR, Part 255: “Guides Concerning the Use of Endorsements and Testimonials in Advertising.”

We are compensated (or given products for free) to provide our opinion on products, services, etc. Regardless of if a social media post is sponsored or not we always give our honest opinion and experience with the product or service. Opinions expressed on our social media accessed by our website are our own.

INTELLECTUAL PROPERTY AND LICENSE RESTRICTION

This site and any service provided contains intellectual property owned by Project Based Primary®. This site may contain intellectual property from third parties, with license to us for use on this site. You agree not to modify, reproduce, transfer, sell, create derivative works from, or distribute in any manner any of the content or intellectual property, ours or that of a third party, without prior written consent. Any violation of this policy will result in access to this site and/or product being revoked, without refund.

Any product or service downloaded from this website is not a transfer of ownership rights and is only granting you a limited, revocable, non-exclusive, non-transferable license to use the Product for the individual purposes intended: for your personal use. This does not grant you a license to sell, rent, copy, create derivative works from, share or otherwise transmit or disseminate the Product or any materials provided in connection with the Product, with anyone else for commercial or non-commercial use.

Any violation by you of the license provisions contained herein may result in immediate termination of your license to use this site, products or services.

REFUND POLICY

Due to the digital nature of the Product and immediate access to all materials granted at the time of purchase, no refunds are provided under any circumstances.

MODIFICATION OF THIS AGREEMENT

These terms may be amended at any time and are effective immediately. The effective date is listed above and it is your responsibility to check this site periodically for any updates to this site. We reserve the right to update these terms.

SEVERABILITY

If any provision of this Agreement is held, in whole or in part, to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and remain in full force and effect.

ASSIGNMENT

This agreement is not assignable or otherwise transferable by you, and any such attempt to transfer, assign, delegate or sub-license is not valid.

INDEMNIFICATION

You agree to indemnify and hold us harmless, including costs and attorneys’ fees, from any injury, damage or loss of any kind arising out of your use or misuse of this site, any product or service, or your violation of this Agreement.

WAIVER

You agree that the failure of Project Based Primary® to enforce any provision of this Agreement shall not be deemed a waiver of our rights under this Agreement to subsequently enforce any provision of this Agreement.

GOVERNING LAW

Any dispute arising out of or related to this Agreement or your use of this site shall be construed with and governed by the laws of the State of Idaho, and shall be resolved exclusively by courts in Kootenai County, Idaho, applying Idaho law, to the exclusion of all other courts of any jurisdiction in any other state or country. You agree to waive any objections as to personal jurisdiction or venue and as to any claimed inconvenience of the chosen forum.

ENTIRE AGREEMENT

You agree that this Agreement contains the entire agreement between you and Project Based Primary® pertaining to this site. No other agreement, statement, or promise made prior to this Agreement will supersede this pertaining to this site.

HEADINGS

All headings are included for convenience purposes only and bear no impact on the construction of any terms of this provision.

TERMS AND CONDITIONS OF USE FOR:
Kick Start, Project Based Preschool Year 1, Project Based Preschool Year 2, Project Based Kindergarten, Raising Little Readers®, Pencil Pathways™

This Terms and Conditions of Use Agreement (“Agreement”) is a legally binding agreement between you (“you” “your” “customer” “client” “subscriber” “user” or “users”) and Project Based Primary® (“us” “we” “our” “Owner” “Company”). This Agreement sets forth the terms and conditions for your use of Kick Start, Project Based Preschool Year 1, Project Based Preschool Year 2, Project Based Kindergarten, Raising Little Readers®, Pencil Pathways™ (“Product” “Subscription” or “Membership or Course”). This Agreement is between you and the Owner only, and not with any other person or entity. The Owner is solely responsible for the services, content and materials provided through the Membership or Course. You acknowledge and agree to be bound by the terms of this Agreement.

This Agreement shall become effective between you and the Owner by clicking “Complete Order” “Purchase” “Sign-up” or any other phrase on the purchase button, entering your credit card information or other billing method (either in full or partial payment) and may only be terminated for the reasons set forth below.

Please read these terms and conditions carefully before purchasing and accessing the Membership or Course. We reserve the right to change, update or modify these terms and conditions by posting updates to the Membership or Course platform, website, or via email. It is your responsibility to periodically review the terms and conditions and check for updates. Your continued use of the Membership or Course constitutes acceptance of these terms, including any changes.

DISCLAIMER AND LIMITATION OF LIABILITY

Nothing in this Agreement shall be construed as a promise or guarantee from using the Membership or Course. The Owner makes no such promises or guarantees. By signing up for the Membership or Course, you acknowledge and agree to accept any and all risk associated with and arising out of your use of the Membership or Course, whether foreseeable or unforeseeable. You agree that the Owner will not be liable for any damages resulting from any delay or denial in the use of the Membership or Course, any errors or system failures in the use of the Membership or Course, any other failure of performance of any kind, or any use or misuse of the Membership or Course and is at your own risk. In no event shall the Owner be liable for any indirect, direct, special, punitive, exemplary, or consequential damages arising out of your use of the Membership or Course. If no exclusion or limitation of liability is allowed, our liability is limited to the fullest extent permitted by law, and in no event shall our cumulative liability to you exceed the purchase price of one one year of the Membership or Course.

Your use of the Membership or Course or Course and any third-party content, websites or material linked through the Membership or Course is at your own risk and is for educational purposes only. You acknowledge and agree that the Owner is not responsible for your success or lack thereof for you individually or in your classroom, homeschool, or learning program.

No professional-client relationship has been formed between us by your purchase or use of the Membership or Course. It is your responsibility to do your own research, consult, and obtain a professional for your medical, legal, financial, health, or other help that you may need for your situation.

You agree and acknowledge that the Owner is licensed only in Idaho. The Membership or Course is not meant to be a complete solution for any situation and does not make any such promises or guarantees. It is your responsibility to obtain a professional if necessary for your situation and the Owner is not responsible for any outcome.

Membership or Course ACCESS

This Membership or Course may be transmitted by the Owner through a third-party platform. The Owner reserves the right to substitute service at any time, provided that it is of a comparable nature and value and it is reasonable for the Owner to do so as determined by the Owner, including editing, modifying or changing any of the content or services. Access is presently available to the Membership or Course through Patreon, ThriveCart, and Teachable. The Owner is not liable for any limitation of access to the Membership or Course caused by a third-party platform or other technical difficulties.

Accessing this Membership or Course may require the creation of a username and password on a third-party platform, as well as providing additional personal information, including your name, address, email address, and other information. You agree to keep any information up to date, to not share this information with third parties, to use the correct information, and to use it only for the purposes intended. If your account becomes compromised at any time, you agree to contact us immediately and change your password. If you are unable to access the Membership or Course at any time, please contact info@projectbasedprimary.com.

Your purchase of the Membership or Course gives you immediate access to the following:

Kick Start: The Membership or Course content will be transmitted to you in increments based on the number of payments made. Unit 1 will be released after 1 payment, Unit 2 will be available after 2 payments, and so on. You will gain access to any remaining content and benefits after each month’s rebill. The content is fully delivered after 18 subscription payments have been made in full. You will receive in each unit: monthly activity ideas in a variety of content and developmental areas, curated resource and materials lists, book recommendations, 3 to 5 printable resources at Owner discretion.

Project Based Preschool Year 1:The Membership or Course content will be transmitted to you in increments based on the number of payments made. Unit 1 will be released after 1 payment, Unit 2 will be available after 2 payments, and so on. You will gain access to any remaining content and benefits after each month’s rebill. The content is fully delivered after 10 subscription payments have been made in full.

Tier 1: Monthly scope and sequence, monthly resource and materials lists, book recommendations, project based learning unit guide.

Tier 2: Monthly scope and sequence, monthly resource and materials lists, book recommendations, project based learning unit guide, 3 to 5 printable resources at the Owner’s discretion.

Tier 3: Monthly scope and sequence, monthly resource and materials lists, book recommendations, project based learning unit guide, 3 to 5 printable resources at the Owner’s discretion, 3 to 5 video lesson presentations.

Project Based Preschool Year 2:The Membership or Course content will be transmitted to you in increments based on the number of payments made. Unit 1 will be released after 1 payment, Unit 2 will be available after 2 payments, and so on. You will gain access to any remaining content and benefits after each month’s rebill. The content is fully delivered after 10 subscription payments have been made in full.

Tier 1: Monthly scope and sequence, monthly resource and materials lists, book recommendations, project based learning unit guide.

Tier 2: Monthly scope and sequence, monthly resource and materials lists, book recommendations, project based learning unit guide, 3 to 5 printable resources at the Owner’s discretion.

Project Based Kindergarten:The Membership or Course content will be transmitted to you in increments based on the number of payments made. Unit 1 will be released after 1 payment, Unit 2 will be available after 2 payments, and so on. You will gain access to any remaining content and benefits after each month’s rebill. The content is fully delivered after 10 subscription payments have been made in full. You will receive: Monthly scope and sequence, monthly resource and materials lists, book recommendations, project based learning unit guide, 3 to 5 printable resources at the Owner’s discretion, 3 to 5 video lesson presentations

Raising Little Readers®: The Membership or Course content will be transmitted to you in full immediately after purchase. You will receive: lesson plans, printable learning materials, lesson presentation videos, product recommendation links, additional supplemental printable purchase links.

Pencil Pathways™: The Membership or Course content will be transmitted to you in full immediately after purchase. You will receive: printable learning materials, lesson presentation videos, product recommendation links, additional supplemental printable purchase links.

Membership or Course USER DUTIES AND RESPONSIBILITIES

You agree to refrain from abusive or unprofessional conduct, behavior or comments towards the Owner or any other user of the Membership or Course. The Owner has a no tolerance policy for racism, bullying, abusive, harmful or hurtful comments or conduct and reserves the right to immediately terminate this agreement without notice. In the event the Owner terminates this agreement under this section, the user shall remain liable for any remaining payment owed and is not eligible for any refunds regardless of when during the billing period this agreement is terminated.

You agree not to upload, post, submit, or otherwise transmit any content that contains a virus, or any other computer software intended to damage or interfere with the Membership or Course portal, software or its content. You agree not to upload, post or otherwise submit any content that is unlawful, threatening, infringes on any intellectual property or other rights of any other person or entity, or violates any law, rule or regulation, violates any of the terms in this agreement, or that is false, misleading or deceptive.

You agree not to spam or send any unsolicited messages, emails or other communications to any other user of the Membership or Course.

INTELLECTUAL PROPERTY - LICENSE AND RESTRICTIONS

The Membership or Course contains intellectual property that belongs to the Owner. All rights reserved. Purchase of the Membership or Course grants to you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to use the Membership or Course and its contents for the individual purposes intended. This does not grant you a license to sell, rent, copy, share or otherwise transmit or disseminate the Membership or Course or any materials provided in connection with the Membership or Course, with anyone else for commercial or non-commercial use. Any content from the Membership or Course shall not be reproduced, republished, uploaded, posted, transmitted, used in any way other than the intended purposes, distributed or publicly displayed in any manner without written permission from the Owner.

Any violation by you of the license provisions contained herein may result in immediate termination of your license to use the Membership or Course, and your access to use will be revoked. Violating this license may result in charges to you from the Owner for the license you sold, shared or otherwise transmitted. We reserve the right, title and interest not expressly granted under this license to the fullest extent permitted under applicable laws.

You acknowledge that the intellectual property contained in the Membership or Course is the property of the Owner and may be protected by applicable copyright and other intellectual property laws and subject to use restriction under those laws. The Membership or Course may contain trademarks, service marks, graphics and logos that are the property of the Owner. Your purchase does not grant you license to use such.

You acknowledge and agree that if there is any intellectual property in the Membership or Course that is from a third-party, your use of the Membership or Course does not give you ownership rights or license to use such.

PAYMENT POLICY

You agree and authorize the Owner to charge your designated payment type (credit card or other billing method) for the full purchase price of the Membership or Course in USD on a monthly, yearly, or one time basis as determined by your product selections without additional separate authorization. You understand that by signing up for a monthly membership option and making the first payment you are signing up for and agreeing to a recurring payment and acknowledge that your payment method used during the initial payment will be saved and used for the recurring payments until cancellation.

If payments fail for any reason (updated credit card is needed, payment information update is required, credit card expired, etc), you agree to resolve it immediately, within 5 business days. Although there is a 5 day grace period before revoking access entirely, access will be suspended immediately upon the failed payment until remedied. If your billing method is not updated or fixed within 5 business days, access to the Membership or Course will be revoked.

If payment fails for any reason and is not remedied immediately within 5 business days, no further content of the Membership or Course will be delivered to you. You will retain access only to any resources already downloaded. ***THRIVECART REVOKES ALL ACCESS TO PREVIOUSLY PURCHASED MEMBERSHIP MONTHS IF MORE THAN 3 FAILED BILL ATTEMPTS ARE ATTEMPTED. THERE IS NO WAY TO REVERSE THIS ACTION.***

You agree to not make any chargebacks to the Owner’s account or cancel your credit card or billing method used without prior written consent of the Owner. In the event a chargeback or merchant dispute is commenced by you with your financial institution for the services received under which payment was owed and you are successful in recovering these funds, the Owner will provide this contract to the financial institution as well as evidence of your receipt of services.

You agree to pay for any fees associated with the Owner having to recover payments, including but not limited to, collection fees and attorneys’ fees. The Owner reserves the right to report any chargeback incident to credit reporting agencies as a delinquent account.

If you would like to change your Membership or Course level by either upgrading or changing to a full year purchase instead of a monthly purchase, or make any other updates to your billing method, please contact the Owner at hello@projectbasedprimary.comprior to your next billing date. If you contact us within 5 days of your next billing date, a change may not take place until the following month and you are still responsible for the recurring charges.

REFUND POLICY

Due to the digital nature of the content included in the Membership or Course and the immediate access granted, the Owner does not offer refunds under any circumstances. However, you may cancel your Membership or Course to prevent future recurring charges, provided cancellation is made in accordance with the terms in the termination clause below.

CONFIDENTIALITY

“Confidential information” shall mean proprietary information about the Owner, including but not limited to information relating to the Owner’s services, business and operations, including but not limited to business plans, sources, strategies, trade secrets, procedures, marketing, sales, data, all other non-public information, and know-how or other intellectual property that may be communicated to you in any manner. All confidential information disclosed to you shall remain the property of the Owner without prior written consent. You agree not to disclose or use any confidential information in any manner other than what is permitted under this agreement for the use of the services, or as required by law. Confidential information does not include information that is already known to the public through no fault of yours or through no breach of confidentiality, received from a third party that had the right to disclose such information, or was already in your possession prior to the disclosure. You shall take reasonable steps to safeguard confidential information and to protect the accidental or unlawful disclosure of the Owner’s information.

Unauthorized use or disclosure of confidential information by you in violation of this agreement is a breach of this agreement, which may result in irreparable harm to the Owner and may be subject to legal action to (1) prevent any further breach of the agreement and (2) any other remedies available in law or equity.

The terms of this section of the agreement shall survive the termination of this agreement.

TERMINATION

If access to the Membership or Course is revoked by the Owner due to a breach of one or more of the provisions contained in this agreement, the Owner may cancel your Membership or Course immediately by providing written notice to you, and you shall remain liable for any outstanding payments that have already been charged, even if your billing method declined for any reason.

You have the right to terminate your Membership or Course at any time for any reason whatsoever upon written notice to the Owner; however, termination of this agreement does not discharge you from payment made prior to request for termination. Written notice must be given via email at least 5 days prior to your next billing date in order to not be charged for the next billing cycle.

You have the right to terminate your Kick Start Membership or Course at any time for any reason. If you would like to cancel your Membership or Course, please login to your account on Patreon. After cancellation, you will receive an email confirmation and will no longer be able to access your Membership or Course benefits.

NON DISPARAGEMENT

You agree to refrain from making any disparaging comments or statements about the Owner or the services that negatively affect the Owner’s business, services, products, or reputation. Notwithstanding the foregoing, nothing in this agreement shall preclude you from making truthful statements that are either required by applicable law, regulation or legal process; or for the purpose of communicating a review of the Owner’s goods and/or services.

ASSIGNMENT

This agreement is between you and the Owner only, and not any other person or business entity. This agreement may not be assigned or transferred to any other person or entity without the express written consent of the Owner.

ATTORNEY’S FEES

Any legal fees incurred due to the enforcement of this agreement by the Owner, if prevailing, shall be entitled to recover its reasonable attorney’s fees and costs from you. This includes collection fees and costs incurred by the Owner in collecting payment of any amount due under this agreement.

FORCE MAJEURE

The Owner shall not be liable for any failure or delay in performance of any obligation under this agreement, if the failure or delay in performance is due to any cause beyond our reasonable control, including, but not limited to electronic or communication failures, electrical outages, network failures, pandemics, floods, acts of God, or other similar or different occurrences beyond the reasonable control the Owner. Force majeure events shall not include a party’s financial inability to perform its obligations under this agreement.

PROHIBITED USE

You acknowledge that the Membership or Course and any connected third party sites are to be used for the purposes intended above and not for any unlawful purpose or any purpose prohibited by the terms of this Agreement. The Owner reserves the right to terminate your access to the Membership or Course without notice if your use has not been in accordance with the terms of this Agreement. This includes transmission of any viruses, worms or other destructive codes.

The Membership or Course is intended solely for users who are eighteen (18) years of age or older. Your purchase and use of this Membership or Course is your representation that you are at least 18 years of age.

INDEMNIFICATION

You acknowledge and agree to indemnify and hold the Owner harmless, including costs and attorneys’ fees, from any damages, losses, liabilities, costs, claim or demand made against you due to or arising out of your use of the Membership or Course or your violation of this Agreement; any infringement of third party rights by you arising out of your use of the Membership or Course, such as any intellectual property or other rights of any person or entity arising out of or related to any Membership or Courses or services purchased by you in connection with the Membership or Course or offered by a third party through the Membership or Course.

NO WARRANTY

The Membership or Course is provided “as is” and without any warranty of any kind, express or implied. The Owner does not warrant or represent that the Membership or Course to always be complete, free from errors or omissions, accurate, or up-to-date at all times.

SEVERABILITY

NOTICE

Any notice, demand or other communication shall be delivered in writing to:

OWNER Project Based Primary®

Business Address Available Upon Request

hello@projectbasedprimary.com

WAIVER

You acknowledge and agree that the failure of the Owner to enforce any provision of this Agreement shall not be deemed a waiver of the Owner’s rights under this Agreement to subsequently enforce any provision of this Agreement.

GOVERNING LAW

This Agreement is governed by the laws of Idaho. By purchasing our Membership or Courses/services, you agree that any and all disputes arising out of or in connection with this Agreement shall be brought exclusively in Idaho, to the exclusion of all other courts of any jurisdiction in any other state or country. You agree to waive any objections as to personal jurisdiction or venue and as to any claimed inconvenience of the chosen forum.

HEADINGS

The headings used in this agreement are for convenience and reference purposes only and shall not affect the construction or interpretation of this agreement.

ENTIRE AGREEMENT

You acknowledge and agree that this Agreement contains the entire agreement of the parties. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the parties.

TERMS AND CONDITIONS OF USE FOR ALL Printable Resources

This Terms and Conditions of Use Agreement (“Agreement”) is a legally binding agreement between you (“you” “your” “customer” “client” “user” or “users”) and Project Based Primary® (“us” “we” “our” “Owner” “Company”). This Agreement sets forth the terms and conditions for your use of ALL PRINTABLE RESOURCES (“Product”). This Agreement is between you and the Owner only, and not with any other person or entity. The Owner is solely responsible for the services, content and materials provided through the Product. You acknowledge and agree to be bound by the terms of this Agreement.

This Agreement shall become effective between you and the Owner by clicking “Complete Order” “Purchase” or any other phrase on the purchase button, entering your credit card information or other billing method (either in full or partial payment) and may only be terminated for the reasons set forth below.

Please read these terms and conditions carefully before purchasing and accessing the product. We reserve the right to change, update or modify these terms and conditions by posting updates to the platform where the product is accessed, website, or via email. It is your responsibility to periodically review the terms and conditions and check for updates. Your continued use of the product constitutes acceptance of these terms, including any changes.

DISCLAIMER AND LIMITATION OF LIABILITY

Nothing in this Agreement shall be construed as a promise or guarantee from using the Product. The Owner makes no such promises or guarantees. By purchasing the Product, you acknowledge and agree to accept any and all risk associated with and arising out of your use of the Product, whether foreseeable or unforeseeable. You agree that the Owner will not be liable for any damages resulting from any delay or denial in the use of the Product, any errors or system failures in the use of the Product, any other failure of performance of any kind, or any use or misuse of the Product and is at your own risk. In no event shall the Owner be liable for any indirect, direct, special, punitive, exemplary, or consequential damages arising out of your use of the Product. If no exclusion or limitation of liability is allowed, our liability is limited to the fullest extent permitted by law, and in no event shall our cumulative liability to you exceed the purchase price of the Product, and if no purchase has been made, in no event shall exceed $100.00 USD.

Your use of the Product is at your own risk and is for educational purposes only. You acknowledge and agree that the Owner is not responsible for your success or lack thereof for you individually or in your classroom, homeschool, or learning program.

You agree and acknowledge that the Owner is licensed only in Idaho. The Product is not meant to be a complete solution for any situation and does not make any such promises or guarantees. It is your responsibility to obtain a professional if necessary for your situation and the Owner is not responsible for any outcome.

PRODUCT ACCESS

This Product may be transmitted by the Owner through a third-party platform. The Owner reserves the right to substitute service at any time, provided that it is of a comparable nature and value and it is reasonable for the Owner to do so as determined by the Owner. Access is presently available to the Product through Teachers Pay Teachers. The Owner is not liable for any limitation of access to the Product caused by a third-party platform. Your purchase of the Product gives you lifetime access, to mean the life of the product. Accessing this product may require the creation of a username and password on the third-party platform, as well as providing additional personal information, including your name, address, email address, and other information. You agree to keep any information up to date, to not share this information with third parties, to use the correct information, and to use it only for the purposes intended. If your account becomes compromised at any time, you agree to contact us immediately and change your password.

This Product is transmitted to you through a digital download. If you are unable to access your download after purchase, please contact Teachers Pay Teachers.

INTELLECTUAL PROPERTY - LICENSE AND RESTRICTIONS

The Product contains intellectual property that belongs to the Owner. All rights reserved. Purchase of the Product grants to you a limited, revocable, non-exclusive, non-transferable license to use the Product for the individual purposes intended. This does not grant you a license to sell, rent, copy, share or otherwise transmit or disseminate the Product or any materials provided in connection with the Product, with anyone else for commercial or non-commercial use. Any content from the Product shall not be reproduced, republished, uploaded, posted, transmitted, distributed or publicly displayed in any manner without written permission from the Owner.

Any violation by you of the license provisions contained herein may result in immediate termination of your license to use the Product, and your access to use will be revoked. Violating this license may result in charges to you from the Owner for the license you sold, shared or otherwise transmitted. We reserve the right, title and interest not expressly granted under this license to the fullest extent permitted under applicable laws.

You acknowledge that the intellectual property contained in the Product is the property of the Owner and may be protected by applicable copyright and other intellectual property laws and subject to use restriction under those laws. The Product may contain trademarks, service marks, graphics and logos that are the property of the Owner. Your purchase does not grant you license to use such.

You acknowledge and agree that if there is any intellectual property in the Product that is from a third-party, your use of the Product does not give you ownership rights or license to use such.

PAYMENT POLICY

You agree and authorize the third party Teachers Pay Teachers to charge your designated payment type (credit card or other billing method) for the full purchase price of the Product.

REFUND POLICY

Due to the digital nature of the Product, the Owner does not offer refunds under any circumstances.

CONFIDENTIALITY

The terms of this section of the agreement shall survive the termination of this agreement.

PROHIBITED USE

You acknowledge that the Product and any connected third party sites are to be used for the purposes intended above and not for any unlawful purpose or any purpose prohibited by the terms of this Agreement. The Owner reserves the right to terminate your access to the Product without notice if your use has not been in accordance with the terms of this Agreement. This includes transmission of any viruses, worms or other destructive codes.

The Product is intended solely for users who are eighteen (18) years of age or older. Your purchase and use of this product is your representation that you are at least 18 years of age.

INDEMNIFICATION

You acknowledge and agree to indemnify and hold the Owner harmless, including costs and attorneys’ fees, from any damages, losses, liabilities, costs, claim or demand made against you due to or arising out of your use of the Product or your violation of this Agreement; any infringement of third party rights by you arising out of your use of the Product, such as any intellectual property or other rights of any person or entity arising out of or related to any products or services purchased by you in connection with the Product or offered by a third party through the Product.

ATTORNEY’S FEES

NON DISPARAGEMENT

NO WARRANTY

The Product is provided “as is” and without any warranty of any kind, express or implied. The Owner does not warrant or represent that the Product to always be complete, free from errors or omissions, accurate, or up-to-date at all times.

FORCE MAJEURE

SEVERABILITY

NOTICE

Any notice, demand or other communication shall be delivered in writing to:

Project Based Primary®

Business Address Available Upon Request

hello@projectbasedprimary.com

WAIVER

GOVERNING LAW

This Agreement is governed by the laws of Idaho. By purchasing our products/services, you agree that any and all disputes arising out of or in connection with this Agreement shall be brought exclusively in Idaho, to the exclusion of all other courts of any jurisdiction in any other state or country. You agree to waive any objections as to personal jurisdiction or venue and as to any claimed inconvenience of the chosen forum.

HEADINGS

The headings used in this agreement are for convenience and reference purposes only and shall not affect the construction or interpretation of this agreement.

ENTIRE AGREEMENT

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