TERMS OF PURCHASE (WEBSITE)
Last modified: June 9, 2026
These Terms of Purchase (“Terms of Purchase” or “Terms”) apply to your purchase of any digital downloadable product (“Resource”) from Maneuvering the Middle, LLC (“Company,” “we,” “us,” or “our”) through www.maneuveringthemiddle.com (the “Website”). By completing a purchase of Resources, you (“Customer” or “you”) acknowledge and agree that you have read, understood, and agree to be bound by these Terms.
1. CAPACITY AND AUTHORITY. You represent that you are at least 18 years of age and you have legal capacity and authority to agree to these Terms. If you are purchasing Resources on behalf of an organization or school district, you represent that you have the authority to bind that organization to these Terms.
2. ACCEPTANCE OF TERMS. By purchasing the Resources, you agree to these Terms. The Company may update these Terms at any time. Updated Terms will be posted on the Website with an effective date. Purchasing Resources after updates are posted means you accept the revised Terms. You are responsible for checking the Website regularly for updates.
3. GRANT OF LICENSE. By purchasing Resources, Company grants you a limited license to access, download, and use the Resources (“License”) subject to all restrictions set forth below and conditioned on your continued acceptance and compliance with these Terms. For purposes of the license(s) granted below, any reference to “you” or “authorized user” herein refers to the licensed authorized user.
A. Permitted Uses. This License is for non-commercial use in academic teaching and education of K-12 students. A License is required for each user; the number of Licenses purchased must be equal to or greater than the number of users. You are permitted to (“Permitted Use”): (a) use the Resources for non-commercial use in academic teaching and education; (b) display, print, and copy Resources for your classroom use for the benefit of K-12 students only; (c) save the Resources on both home and work computers (only for access and use during the Term); (d) post Resources online, behind password protection, on a password protected site or Learning Management System (“LMS”) with only Authorized User and End User having access to the Resources on the site or LMS; and (e) record videos of Resources for any of the aforementioned services, provided that (1) any video so recorded must be shared using a private secured link, such as Zoom, and (2) if Customer or Authorized User posts a video that includes or references the Resources on an external platform such as YouTube, Customer and Authorized User must take all actions necessary to ensure that such video is not publicly available, such as marking the videos as “unlisted.”
B. Prohibited Use of Resources. Your License does not include the right to: (a) copy, reproduce, resell, or distribute the Resources, either in their original or a derivative form, except as expressly permitted in the “Permitted Uses” section above; (b) represent the Resources as your own work product; (c) use Resources for commercial use or on a commercial platform for any financial gain, either in its original or in a derivative form; (d) modify, adapt, translate, or create derivatives of the Resources; (e) copy, distribute, market, or display the Resources other than for the Permitted Uses; (f) remove or alter any proprietary notices or labels from the Resources or any portions thereof; (g) permit, use, or distribute Resources to third-party unauthorized users not covered by this License (including posting Resources on a shared drive, shared server, or other similar sharing platform that allow unauthorized individuals to access or use Resources); (h) post the Resources on the internet for the general public; (i) use Company’s trademarks (including its logos) for any purpose other than: (1) in connection with the Resources as provided by Company; or (2) with express written permission by Company.
C. No Assignment of License. You may not assign your License under this Agreement without the prior written consent of Company.
4. PRICING AND PAYMENT. Current prices for Resources and subscriptions are set forth on the Website. In exchange for your purchase of a Resource or subscription, you agree to pay the Company the annual subscription fees. The fees for subscription are charged on the day you sign up and will cover the use of that service for an annual subscription period, as indicated. All payments are nonrefundable. The Company reserves the right to change payment terms, fees, and renewal terms upon thirty (30) days’ prior written notice to you. You will receive such notice via email.
5. AUTOMATIC RENEWAL. Subscriptions purchased through the Website will automatically renew unless you cancel the subscription as provided below: (a) Company will send you a reminder notice of the upcoming automatic renewal at least fifteen (15) days, but no more than forty-five (45) days, before renewal of any subscriptions with a term of one (1) year or more are to occur; (b) If you do not cancel your automatically renewing subscription in the manner set forth below in Section 6, you hereby authorize Company to collect the then-applicable subscription fee for such subscription (and applicable taxes) using any credit card or other payment mechanism Company has on record for you. Your account will become inactive if payment is not made or is declined after one (1) attempt.
6. CANCELLATION. You can cancel subscriptions and memberships made through the Website directly through your account settings. You can self-cancel the subscription via the cancel button in your account before the next renewal. If you wish to have Company cancel the automatic renewal, you must notify Company at least five (5) business days before the end of the applicable subscription period. Cancellation requests must be submitted to the Company in writing via email to contact(at)manueveringthemiddle.com.
7. NO REFUND POLICY – ALL SALES FINAL. Because the Resources can be immediately accessed, downloaded, and copied upon purchase and delivery, all sales of digital downloadable Resources are final. We do not offer refunds, exchanges, or credits once a purchase has been completed. Exceptions may be made solely at the Company’s discretion in limited circumstances. To request an exception, you must contact the Company in writing via email to contact(at)manueveringthemiddle.com within two (2) days of your purchase date. The Company’s determination regarding any refund request is final.
8. CHANGES TO RESOURCES. Unless otherwise expressly stated at the time of your purchase of a Resource, your license does not include access to future updates, upgrades, or new versions of the Resource(s). The Company reserves the right to modify, update, or discontinue any Resource at any time without notice.
9. ACCOUNT REQUIREMENTS. Certain portions of our Website are accessible only to authorized users upon purchase of Resource(s). You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password, and you agree to accurately maintain and update any personal information relevant to your user account. You are not permitted to share your login information with others; only authorized users may access and use the Resources through their individual login; multiple individuals may not share a single login. The Company reserves the right to take all action, as it deems necessary or reasonable to maintain the security of your account. THE COMPANY EXPLICITLY DISCLAIMS LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
10. INTELLECTUAL PROPERTY OWNERSHIP. You acknowledge that you have no interest or right in the Resources other than the license granted under this Agreement and that Company maintains sole and exclusive ownership of all rights, title, and interest in the Resources as Company’s intellectual property. You acknowledge that the Resources constitute proprietary and copyrighted material belonging solely to Company. Company does, however, grant you a limited, revocable, and nonexclusive license to create a hyperlink (www.manueveringthemiddle.com) to this Website to share and promote, provided, however, that the link and supporting content do not portray Company or its Resources in a false, misleading, or derogatory or offensive manner.
11. WARRANTIES AND DISCLAIMERS. RESOURCES ARE PROVIDED ON AN “AS IS” BASIS. COMPANY MAKES NO WARRANTY THAT ITS RESOURCES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMPANY SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY MATTER UNDER THIS AGREEMENT, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR PERFORMANCE. FOR THE AVOIDANCE OF DOUBT, CUSTOMER ACKNOWLEDGES THAT USE OF ANY RESOURCES THROUGH THE COMPANY’S LICENSE OF RESOURCES IS AT THE USER’S OWN DISCRETION AND RISK, AND THAT THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM SUCH USE.
12. INDEMNIFICATION. To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Company and its subsidiaries and affiliates (collectively, “Company Parties”) from and against any claims, liabilities, losses, damages, expenses, and costs (including reasonable attorneys’ fees) arising out of or relating to your purchase and use of Resources or your violation of these Terms.
13. LIMITATION OF LIABILITY. Each Party’s total cumulative liability to the other Party arising out of or related to these Terms shall not exceed the total fees paid or payable by you to Company. Neither Party shall be liable to the other Party for any indirect, incidental, consequential, punitive, or exemplary damages. The foregoing limitation shall not apply to damages arising from fraud, gross negligence, or willful misconduct.
14. DISPUTE RESOLUTION. In the interest of resolving disputes in the most expedient and cost-effective manner, you agree that any and all disputes arising in connection with these Terms and the License granted hereunder shall be resolved by binding confidential arbitration. Our agreement to arbitrate disputes includes but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY PURCHASING RESOURCES THROUGH THIS WEBSITE, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
15. DATA PRIVACY. The Company does not receive, collect, use, or disclose student data or personal identifying information (“PII”), and therefore is not subject to state or federal student data privacy laws, including but not limited to FERPA and COPPA. While you are permitted to use the Resources in accordance with the License for educational purposes of K-12 students, at no time does the Company collect, use, or disclose personal information of students.
16. SYSTEM REQUIREMENTS. Your use of the Resources requires you to have compatible devices, internet access, and software that may require updates and upgrades from time to time. It is your responsibility to ensure that system requirements are met.
17. NON-WAIVER OF RIGHTS. If Company does not immediately take action to address a violation of these Terms, Company is not waiving its rights to take action in the future.
18. GOVERNING LAW. These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict-of-laws principles. To the fullest extent permitted by applicable law, the parties agree that any action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located within the State of Texas, and the parties submit to the personal jurisdiction of such courts. Notwithstanding the foregoing, if Customer is a governmental entity (including a public school district) or if applicable law requires that venue lie in a different jurisdiction, then (a) this Agreement shall be governed by the laws of the state in which Customer is located (or as otherwise required by law), and (b) venue shall lie exclusively in the state courts of competent jurisdiction located in the county (or comparable political subdivision) in which Customer is located, unless the Customer is located in Texas in which case, venue shall reside in Williamson County. The parties agree that this provision is intended to comply with all applicable statutory requirements governing venue and jurisdiction for governmental entities, and it shall be interpreted and enforced accordingly.
19. COPYRIGHT COMPLAINTS. If you believe your intellectual property has been used or violated within the Resources, you may send a written notification, containing all of the information required under 17 U.S.C. §512(c)(3), to our Designated Copyright Agent at contact(at)maneuveringthemiddle.com regarding the issue.
20. SEPARATE LICENSE AGREEMENT. The Company reserves the right to request that you agree to a separate License Agreement as a condition of your use and/or purchase of Resources. If such an agreement is entered into, it shall supersede these Terms of Purchase.
21. SEVERABILITY AND WAIVER. If any particular provision of these Terms is found to be unenforceable, that provision will be severable and will not affect any of the other provisions. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
22. CONTACT INFORMATION. If you have any questions about these Terms or your License, please contact us at: contact(at)maneuveringthemiddle.com