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Terms and Conditions of www.lessonplanguru.com

Last Updated: September 09, 2025

These Terms and Conditions ("Terms") govern in a legally binding manner:

  • (1) Use of this Website (located at https://www.lessonplanguru.com, including any subdomains and Services provided through it), and,
  • (2) Any other related Agreement or legal relationship between you ("User" or "You") and The Rittmann Group, LLC (the "Owner," "Company," "Website,", "We," or "Us").

Capitalized words are defined in the relevant dedicated section of this document.

By accessing or using the website and Service, You agree to be bound by these Terms. If You do not agree to any part of the Terms, You must refrain from using Our Services.

 

The User must read this document carefully.

Nothing in these Terms creates any relationship of employment, agency, or partnership between the involved parties.

This Website is provided by:

The Rittmann Group, LLC 7895 Louviers Blvd #311 Louviers, CO 80131

Owner contact email: [email protected]

Lesson Plan Guru offers secular, Texas Essential Knowledge and Skills (TEKS) aligned educational curriculum resources for teachers and educators. Unless otherwise agreed upon by a User and the Company, all materials available through the Service are subject to single-user licensing (each purchasing teacher or User is licensed individually) and may not be resold or shared with other teachers or educators by the User. Editable resources (such as PowerPoint files) may be customized by the User for their own personal classroom use, whereas non-editable resources (such as PDF assessments and documents) may not be altered. The Company maintains a strict nondiscrimination policy, providing its services without discrimination to all users.

"This Website" refers to

  • This website, including its subdomains and any other website through which the Owner makes its Service available.
  • The Application Program Interfaces (API).
  • The Service.
  • Any applications, sample and content files, source code, scripts, instruction sets or software included as part of the Service, as well as any related documentation.

 

What the User should know at a glance

  • All Sales Final: Please note that due to the digital nature of our products, all sales are final. Once you have purchased and gained access to downloadable content, we do not offer refunds or returns (except where required by law or expressly stated otherwise in these Terms). We encourage you to review product information and features before purchase.
  • Educational Content and Licensing: The Company provides secular, standards-aligned curriculum materials (aligned with Texas Essential Knowledge and Skills, TEKS). Unless otherwise agreed upon by the Company and User, all purchases are for single-user use. This means that each purchased resource is licensed to one individual teacher or educator. PowerPoint materials may be modified by the purchasing User for their own classroom needs. PDF assessments and other non-editable documents are provided as read-only and may not be edited or altered. Sharing or distributing materials beyond the licensed User (for example, sharing with other teachers who have not purchased their own license) is not permitted.
  • Users and Consumers: Certain provisions of these Terms may apply differently depending on whether You are a “Consumer” (generally, an individual using the Service for personal purposes unrelated to business) or a business user. Any such distinctions are clearly indicated in these Terms. Unless a clause specifically limits its application, all clauses apply to all Users.
  • Age and Eligibility Requirements: You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account or purchase Services from the Company. The Service is intended for use by adults, such as teachers, or by minors under the supervision of a teacher, parent, or legal guardian. We do not knowingly permit children under 13 to register for accounts or make purchases (see Children's and Student Use below). If You are using the Service as an educator or on behalf of a school, You are responsible for ensuring compliance with student privacy laws (including FERPA and COPPA) and obtaining any necessary consents for use of the Service with students.
  • Right of Withdrawal (EU/EEA Consumers): If You are a consumer residing in the European Union, You have a legal right to withdraw from certain online purchases within 14 days (the “right of withdrawal”), unless You have expressly waived this right (for example, by downloading digital content immediately). These Terms refer to this as the “right of withdrawal” for consistency, and details are provided below. Note that this right typically does not apply once You have begun downloading digital products if You agreed to immediate access.
  • Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.

Please read these Terms carefully to understand Your rights and obligations. If You have any questions, you can contact us at [email protected].

 

TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using this Website.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using this Website, Users confirm to meet the following requirements:

  • There are no restrictions for Users in terms of being Consumers or Business Users

 

Account Registration

To use the Service Users must register or create a User account, providing all required data or information in a complete and truthful manner. Failure to do so will cause unavailability of the Service.

Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by this Website.

Accounts created by bots or automated methods are not permitted.

By registering, Users agree to be fully responsible for all activities that occur under their username and password.

You agree not to share your account credentials or account access with any other person. You must choose a secure password and take appropriate steps to protect it. If you suspect that your account or password has been compromised or used without authorization, you must notify the Owner immediately at the contact information provided in these Terms. If you think Your personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen, you must notify the Owner immediately at the contact information provided in these Terms.The Company is not liable for any loss or damage arising from your failure to safeguard your account information.

Conditions for Account registration

Registration of User accounts on this Website is subject to the conditions outlined below. By registering, Users agree to meet such conditions.

  • Accounts registered by bots or any other automated methods are not permitted.
  • Unless otherwise specified, each User must register only one account.
  • Unless explicitly permitted by the Owner, a User account may not be shared with other persons.

Account Termination

Users can terminate their account and stop using the Service subject to the conditions and according to the procedures outlined in the relevant section of this Website or by contacting Us. Please note that even after account deletion, certain data may be retained as required by law or as outlined in our Privacy Policy.

Account Suspension and Deletion

The Owner reserves the right, at their sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.

The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

Content on this Website

Unless otherwise specified, all content available on this Website (including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software) is the property of the Owner or and protected by any applicable United States and international intellectual property laws. All such rights are reserved. The compilation of all content on this site is the exclusive property of the Owner. You do not acquire any ownership rights by using the Service or downloading materials from the Service.

The Owner undertakes its utmost effort to ensure that the content provided on this Website infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result. In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

License to Users (Use of Materials): The Company grants You a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service and the materials You purchase or download, strictly in accordance with these Terms and for your personal, non-commercial, educational use. All products (lesson plans, presentations, assessments, etc.) purchased or obtained through the Company are licensed, not sold, to you. You may use these materials for your own classroom or personal educational purposes. Single-User License: Unless otherwsie agreed upon by the Company and the User, each purchase is intended for use by one teacher or educator. You agree not to share, distribute, or allow others to use the materials you have licensed (for example, by posting them online or distributing copies to other teachers), except as reasonably necessary for your own teaching (such as printing copies for your own students in class). If a school or district wishes to use a resource for multiple educators, each educator or the institution should obtain a separate license (purchase) for the resource.

Restrictions on Use of Content: Except as expressly allowed above or elsewhere in these Terms, You must not: copy, reproduce, download (other than for Your own backup/reference), publish, transmit, distribute, publicly display, sell, rent, license, sublicense, translate, adapt, edit, or create derivative works from any content on this Website (including content You have purchased) without prior written permission from the Owner. You also must not permit any third party to do the foregoing through your account or devices. You may share content only to the extent explicitly allowed on the Website or in these Terms. For instance, if a particular resource page explicitly provides a “Share” function (e.g., to share a link to a product listing), You may use that feature as directed, but it does not grant permission to share the underlying resource file itself.

If You are unsure whether a particular use of our content is permitted, please contact Us for clarification at [email protected]. We take the protection of our intellectual property seriously, as it enables Us to continue creating high-quality, original curriculum materials. 

Access to external resources

Through this Website Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

 

How to file a takedown notice (called a “DMCA notice”)

If copyright holders or their agents believe that any content on this Website infringes upon their copyrights, they may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the Owner’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the holder of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Owner to locate the material;
  • Information reasonably sufficient to permit the Owner to contact the notifying party, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that the notifying party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the notifying party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Failure to comply with all of the requirements outlined above may result in invalidity of the DMCA notice.

Copyright infringement notifications may be addressed to the Owner’s Copyright Agent at the contact details specified in this document.

 

Acceptable Use and User Conduct

This Website and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of this Website and/or the Service violates no applicable law, regulations or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including denying Users access to this Website or the Service, terminating contracts, reporting any misconduct performed through this Website or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users are suspected to be in violation of any laws, regulations, third-party rights and/or these Terms, including, but not limited to, by engaging in any of the following activities:

By using this Service, you agree to use it only for its intended purpose and in accordance with these Terms and all applicable laws and regulations. You must not misuse the website or the content available on it. The Company reserves the right to take appropriate measures (including suspension or termination of account and legal action if necessary) to address any misuse of the Service. Prohibited activities and content include, but are not limited to, the following:

  • Impersonation and False Information: You must not pretend to be someone you are not or misrepresent your identity or affiliation. Do not create accounts using false information or on behalf of someone else (except as explicitly permitted, such as a teacher creating accounts for students with proper consent).

  • Unauthorized Access: You must not attempt to gain unauthorized access to any portion of the Service, other users’ accounts, or any systems or networks connected to the Service through hacking, password mining, or any other illegitimate means. Similarly, you must not probe, scan, or test the vulnerability of the Service or any network connected to it, nor breach any security or authentication measures.

  • Interference with Service: You must not interfere with or disrupt the operation of the Service or the servers or networks that host the Service. This includes not transmitting any worms, viruses, or harmful code of any kind, and not engaging in any activities that impose an unreasonable or disproportionately large load on the Service’s infrastructure.

  • Spam and Commercial Use: You must not use the Service to transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or pyramid schemes. You may not use the website as a platform to advertise or sell products or services to other users without our express written permission.

  • Harassment and Illegal Activities: You must not harass, threaten, bully, or stalk others via the Service. You agree not to use the Service to engage in any unlawful or illegal activity, or to solicit the performance of any illegal activity.

  • Prohibited Content: You must not upload, post, or otherwise transmit any content that: (a) is unlawful, defamatory, libelous, harassing, abusive, or fraudulent; (b) is obscene, pornographic, or otherwise objectionable (including content that exploits or harms minors in any way); (c) contains or promotes hate speech, violence, or discrimination based on race, religion, ethnicity, gender, sexual orientation, disability, or any other characteristic; (d) infringes on any third party’s intellectual property or other rights (such as copyright, trademark, trade secret, privacy, or publicity rights); or (e) you do not have the right to make available under any law or contractual or fiduciary relationships (such as inside information or proprietary information of others).

  • Data Harvesting: You must not harvest, scrape, or collect information about other users of the Service without their consent. This includes refraining from any automated data collection methods such as bots, crawlers, or scrapers unless explicitly allowed.

  • Misuse of Content: Except as expressly permitted by us (see Intellectual Property and License below), you must not copy, reproduce, distribute, publicly display, or create derivative works from our content. In particular, you may not share Lesson Plan Guru materials with anyone who is not licensed to use them, and you may not post our proprietary content on public forums, websites, or file-sharing services.

If you violate any of the above rules or any other provision of these Terms, we may take action including removing or modifying content you have posted, and suspending or terminating your access to the Service. Unlawful or suspicious activities may be reported to law enforcement or other appropriate authorities. You are responsible for any consequences, including any losses or damages, that the Company incurs as a result of Your violation of this section.

Software license

Any intellectual or industrial property rights, and any other exclusive rights on software or technical applications embedded in or related to this Website are held by the Owner and/or its licensors.

Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, the Owner merely grants Users a revocable, non-exclusive, non-sublicensable and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of this Website and the Service offered.

This license does not grant Users any rights to access, usage or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation thereto related is the Owner’s or its licensors’ sole property.

All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement.

Without prejudice to the above, under this license Users may download, install, use and run the software on the permitted number of devices, provided that such devices are common and up-to-date in terms of technology and market standards.

The Owner reserves the right to release updates, fixes and further developments of this Website and/or its related software and to provide them to Users for free. Users may need to download and install such updates to continue using this Website and/or its related software.

New releases may only be available against payment of a fee.

The User may download, install, use and run the software on unlimited devices.

However, it may not be permitted to run the software on more than one device at a time.

API usage terms

Users may access their data relating to this Website via the Application Program Interface (API). Any use of the API, including use of the API through a third-party product/service that accesses this Website, is bound by these Terms and, in addition, by the following specific terms:

  • the User expressly understands and agrees that the Owner bears no responsibility and shall not be held liable for any damages or losses resulting from the User’s use of the API or their use of any third-party products/services that access data through the API.

TERMS AND CONDITIONS OF SALE

Product description

Prices, descriptions or availability of Products are outlined in the respective sections of this Website and are subject to change without notice.

While Products on this Website are presented with the greatest accuracy technically possible, representation on this Website through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.

The characteristics of the chosen Product will be outlined during the purchasing process.

Trial period offers

On occasion, and at the Owner's discretion, Users may have the option to test this Website or selected Products during a limited, non-renewable  or renewable trial period, at no cost or at a cost determined by the Owner. Some features or functions of this Website may not be available to Users during the trial period.
Further conditions applicable to the trial period, including its duration, will be specified on this Website.

The trial period shall automatically convert into the equivalent paid Product, unless the User cancels the purchase before the trial period expires.

Subscriptions

Subscriptions allow Users to receive a Product continuously or regularly over a determined period of time.

Paid subscriptions begin on the day the payment is received by the Owner.

In order for those Users who selected a monthly payment plan option to maintain their subscription, Users must pay the required recurring fee on-time each month at the monthly rate the User purchased their product(s) at. Failure to comply may cause service interruptions and/or a denial in access to the membership area(s) of the Website.

One- Time subscription charge

One-term subscription charges start on the day the payment is received by the Owner and last for the duration of the lifetime of the Website unless otherwise specified during the purchasing process.

Terms and conditions applying to extra features

Users that have an active subscription may purchase single extra add-ons or features, described in the relevant section of this Website.
Unless otherwise specified, such extras are subject to the same terms applicable to the main Product, including all provisions of this document.

Purchases, Payments, and Delivery of Paid Services

The Website offers digital products (such as lesson plans, presentations, assessments, and other educational resources) which can be purchased individually or via subscriptions (if available). All prices for Products are displayed on the Website and are subject to change at the Owner’s discretion. In the event of a pricing error, We reserve the right to cancel or refuse any orders placed for a product listed at the incorrect price (with no further liability to You), provided We notify you of the cancellation. If Your credit card or payment method has already been charged for a purchase that is canceled due to a pricing error, We will issue you a refund for the amount paid.

To purchase a Product, you must follow the prompts on the Website. This generally includes adding the desired digital Product(s) to your cart, providing any required information (such as name and billing details), and confirming the purchase. You will have an opportunity to review your order and total price (including any taxes or fees, if applicable) before confirming. By submitting an order, You are committing to purchase the selected Product(s) and to pay the associated price. The Owner reserves the right to reject or cancel any order for any reason. In such cases, We will notify you and, if payment was processed, issue a refund.

We accept various payment methods as indicated at checkout. Payment must be received in full before you are granted access to the purchased digital content. If you select a third-party payment provider (like PayPal), You agree to abide by their terms and any fees they might charge. We do not store your full payment card details on our servers; payments are handled through secure third-party payment processors. If Your payment fails or is declined, We will not provide access to the product and are under no obligation to fulfill Your order. Any costs or fees resulting from a failed or refused payment (such as bank fees for insufficient funds) are Your responsibility.

Prices listed may not include any applicable taxes. If any sales, use, VAT, or similar taxes apply to Your purchase, we may collect those at checkout if required by law. You are responsible for any taxes or duties associated with Your purchase of digital goods from Us, except taxes on our income.

Upon successful purchase, digital products are typically delivered by providing You with a download link or by making the materials accessible in Your account area. Unless otherwise stated, digital content is delivered electronically only (no physical copies will be shipped). You may usually download the purchased files to Your own device. We may limit the number of downloads or the duration of availability of a download link in order to prevent unauthorized distribution. Please download and save Your purchased files promptly and back them up as needed. If You have trouble accessing a digital product You purchased, contact Us for assistance.

If the service includes any subscription or ongoing access model, details about the frequency of content delivery or updates will be provided in the specific offer or plan description. We reserve the right to update or modify the content (for example, providing updated versions of a lesson plan). Updated content may be provided to past purchasers at Our discretion or may be included as part of a subscription.

From time to time, We may offer discount codes, coupons, or promotional offers. These are subject to the specific terms of the promotion and generally: (a) can only be used once per User (unless otherwise stated), (b) cannot be redeemed for cash, (c) may have an expiration date, and (d) are non-transferable. If You use a coupon for a purchase and the total value of the coupon exceeds the purchase price, You will not receive a credit or cash for any balance. If a promotion requires You to meet certain criteria (such as being a new customer, or making a minimum purchase), We reserve the right to reject the use of the promotion if We determine you do not qualify. We also reserve the right to cancel promotions or reject the use of a promotional code for any reason.

Refund Policy

All Sales Final: Due to the nature of digital products, all sales are final. Once You have purchased a digital resource, You do not have the right to cancel your purchase or obtain a refund, except where expressly provided by Us or required by law. We do not accept returns or exchanges of digital content. Please review product descriptions, previews, or samples carefully before purchasing to ensure the resource meets Your needs. If You have questions about a product, You may contact us prior to purchase at [email protected]

Exceptional Circumstances: In cases of technical issues that prevent you from accessing a purchased product, or if the product you downloaded is defective or not as described, please contact us within a reasonable time (typically within 1 day of purchase) at [email protected]. We will work with You to resolve the issue. At Our discretion, We may provide a replacement file or alternative format if available, or, in rare cases where the issue cannot be resolved, We may offer a refund or credit. This is evaluated on a case-by-case basis and does not alter the general rule that sales are final.

EU Right of Withdrawal (If Applicable): If You are a consumer in the European Union, You have a statutory right to withdraw from certain purchases within 14 days. However, for downloadable digital content, this right is usually waived once the download or streaming has begun with Your consent. When EU users purchase digital content from Our Website, You will be asked to consent to immediate delivery and acknowledge that once delivery has started (i.e., You access the download), You lose the right to withdraw. If You do not consent, You will have to wait 14 days for delivery. By completing a purchase and accessing the content, You agree that the performance of Our contract (providing the digital content) begins immediately and that You lose Your right of withdrawal.

Except as provided above, We do not offer refunds. ALL SALES ARE CONSIDERED "AS-IS" AND FINAL. This policy allows Us to protect the value of our digital products and intellectual property. We appreciate your understanding.

Authorization for future PayPal payment

If Users authorize the PayPal feature which allows future purchases, this Website will store an identification code linked to the Users’ PayPal account. This will authorize this Website to automatically process payments for future purchases or recurring installments of past purchases.

This authorization can be revoked at any time, either by contacting the Owner or by changing the user settings offered by PayPal.

Service Interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated for any reason, no refund of the purchase price the User paid, either partial or in full, will be provided to the User, and the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).

OWNERSHIP AND SOFTWARE LICENSE

All software, code, and technological components embedded in or provided with the Service are the exclusive property of the Company or its licensors. We grant Users a limited, revocable, non-exclusive, non-transferable license to use any software or application solely as needed to use the Service in accordance with these Terms. This license is provided for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by us, in the manner permitted by these Terms. You shall not attempt to (and shall not permit others to) reverse engineer, decompile, disassemble or otherwise extract the source code of any software or component of the Service, unless expressly permitted or required by law. All rights not expressly granted to Users are reserved by the Owner.

This license will terminate automatically if You violate these Terms or upon any termination of these Terms or closing of Your account. Upon any termination of the license, You must cease all use of the software and Service and destroy any copies of the software in Your possession.

NONDISCRIMINATION POLICY

The Rittmann Group, LLC is committed to providing an inclusive service. We do not discriminate in the provision of our services or employment practices on the basis of race, color, religion (our curriculum materials are secular in content), sex, sexual orientation, gender identity, national origin, age, disability, or any other characteristic protected by law. All Users of the Website are welcome, and we expect Users to similarly refrain from any discriminatory conduct when interacting with our Service or others through the Service. Any content posted by Users that is hateful or discriminatory is strictly prohibited and may result in account termination.

This nondiscrimination commitment reflects Our values and the requirements of applicable law. If You have questions or concerns about Our nondiscrimination policy or believe You have witnessed a violation of this policy on our Service, please contact Us immediately at [email protected]. We will investigate and take appropriate action consistent with our Terms and applicable laws.

PRIVACY POLICY

Your use of the Service is also governed by Our Privacy Policy, which is available on Our website. The Privacy Policy outlines how We collect, use, store, and protect Your personal data and information when using Our Service(s). By using the Service, You acknowledge that You have read and understood the Privacy Policy. In particular, if You are an educator using the Service with students, our Privacy Policy contains important information about Our compliance with FERPA, COPPA, and other privacy laws. We encourage You to review the Privacy Policy whenever You use the Service to stay informed about Our data practices.

DISCLAIMER OF WARRANTIES

Service Provided “As Is”: This Website and all content, products, and services included on or otherwise made available to you through the Service are provided on an “as is” and “as available” basis, unless otherwise specified in writing. To the fullest extent permissible by applicable law, the Owner disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties that may arise from course of dealing or usage of trade.

Without limiting the foregoing, the Owner and its affiliates, licensors, and suppliers do not warrant that: (a) the Service will meet Your requirements or expectations; (b) the Service will be uninterrupted, timely, secure, or error-free; (c) the information or content provided through the Service is accurate, complete, or reliable; or (d) any defects or errors will be corrected. Any material downloaded or otherwise obtained through the use of the Service is accessed at Your own discretion and risk, and You will be solely responsible for any damage to Your device or loss of data that results from obtaining any such material.

The Company does not guarantee any results or outcomes from Your use of the Service. For example, We make no promises regarding improvements in student performance or any particular teaching outcome; those results depend on many factors outside Our control. We provide tools and content for You to use at Your discretion.

THIRD-PARTY LINKS AND SERVICES

The Service may contain links to third-party websites or services that are not owned or controlled by the Owner. These links are provided for Your convenience only. The Owner has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. The inclusion of any link does not imply endorsement by the Owner of the third-party site or service. Accessing any third-party site is at Your own risk. That said, We aim to link only to trustworthy sources, especially for educational or payment services.

Some jurisdictions do not allow the exclusion of certain warranties. If laws that apply to You do not allow the exclusion of some or all of the above warranties, those exclusions will apply to You only to the extent permitted by applicable law. In such cases, the scope and duration of any statutory warranty will be the minimum permitted under that applicable law.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, in no event shall the Owner (The Rittmann Group, LLC), its officers, directors, employees, agents, partners, affiliates, or licensors be liable for any indirect, incidental, special, consequential, or exemplary damages whatsoever. This includes, without limitation, damages for lost profits, lost revenue, loss of data, loss of goodwill, procurement of substitute goods or services, or other intangible losses, arising out of or related to Your use of (or inability to use) the Service, even if We have been advised of the possibility of such damages.

In particular, and without limiting the scope of the previous paragraph, the Owner and related parties shall not be liable for any damages resulting from: (a) any errors, mistakes, or inaccuracies of content; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the Service; (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service by any third party; (e) any errors or omissions in any content or information obtained through the Service; and (f) the defamatory, offensive, or illegal conduct of any third party (including other users) on the Service.

If, notwithstanding the other provisions of these Terms, the Owner is found to be liable to You for any damage or loss arising out of or connected with Your use of the Service, Our liability shall in no event exceed the greater of: (i) the total amount paid by You to the Owner in the twelve (12) months prior to the event giving rise to the liability, or (ii) one hundred U.S. dollars (US $100.00). The existence of multiple claims will not enlarge this limit. This limitation will apply even if the above stated remedy fails of its essential purpose.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation may not apply to You in its entirety. In such jurisdictions, the liability of the Owner and its affiliates shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless The Rittmann Group, LLC (Owner) and its subsidiaries, affiliates, officers, directors, agents, partners, employees, and licensors from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) that arise from or relate to: (a) Your use or misuse of the Service, including any content you submit or activities You engage in on the Website; (b) Your violation of these Terms or any policy referenced herein; (c) Your infringement or violation of any intellectual property, privacy, or other right of any person or entity; or (d) Your violation of any applicable law or regulation.

We reserve the right to assume, at Our own expense, the exclusive defense and control of any matter subject to indemnification by You (without limiting your indemnification obligations with respect to that matter), in which case You agree to cooperate with Our defense of that claim. You agree not to settle any such matter without the prior written consent of the Owner.

This indemnification provision will survive any termination of your account or the Service.

TERMINATION OF SERVICE OR ACCOUNTS

By the Owner: The Owner reserves the right to suspend or terminate your access to the Service (or certain features of the Service) at any time, with or without notice, for any reason, including if, in Our sole judgment, You have violated any provision of these Terms or if We cease offering the Service. In the event of termination due to Your breach of the Terms, You will not be entitled to any refunds of prepaid fees (if any). Termination of Your access may involve deletion of Your account and all content or data associated with Your account, so please ensure you have backups of any materials You need. We will not be liable to You or any third party for termination of Your access to the Service under these circumstances.

The Owner also reserves the right to, at any time and for any reason, cease the Service. While not expected, should this occur, the Owner will not provide any refunds to Users, either in part or in full.

By the User: You may stop using the Service at any time. If You wish to terminate Your account, You may do so by contacting Us or by using any account termination functionality if provided. Terminating Your account will result in deactivation or deletion of Your account and denial of access to it. However, termination of Your account will not automatically entitle You to any refund of fees, and any obligations or liabilities You incurred prior to termination (such as payment obligations or indemnification commitments) will survive.

Effect of Termination: Upon any termination of these Terms, whether by You or by Us, the licenses and rights granted to You under these Terms will cease immediately, and You must promptly cease all use of the Service and content obtained through the Service. If, for any reason, the Owner decides to cease offering the Service, the Wensite will be shut down and no refunds will be given nor offered to Users of the Service. Any provisions of these Terms which by their nature should survive termination (such as intellectual property provisions, warranty disclaimers, indemnities, limitations of liability, and governing law) shall survive.

CHANGES TO THESE TERMS

The Owner may amend or update these Terms from time to time. When We make changes, We will post the updated Terms on the Website and update the “Last Updated” date at the top. For significant changes, we will take additional steps to notify users, such as sending an email notification to registered Users.

Unless We specify otherwise, changes will become effective immediately upon posting the revised Terms on the Service. Your continued use of the Service after the effective date of the updated Terms will constitute your acceptance of those changes. If You do not agree to the revised Terms, You must stop using the Service and, if applicable, terminate Your account. We encourage you to review these Terms periodically to stay informed about Our terms and conditions.

In certain cases, We may be required by law to obtain your consent to certain changes (for example, material changes to dispute resolution terms for consumers). If that is the case, We will do so. If You have any questions about the changes, please contact Us.

ASSIGNMENT

The Owner reserves the right to transfer or assign its rights and obligations under these Terms, in whole or in part, to another entity (for example, in the event of a merger, acquisition, sale of assets, or by operation of law). We will ensure that the transferee agrees to be bound by these Terms. You may not assign or transfer any of Your rights or obligations under these Terms to any third party without Our prior written consent. Any unauthorized assignment by You is null and void. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns.

SEVERABILITY

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, then that provision will be deemed severable from the Terms and will not affect the validity or enforceability of the remaining provisions. The remaining provisions of the Terms will continue in full force and effect. If an unenforceable provision can be made enforceable by limiting it (e.g. in duration or scope), then it shall be deemed to be so limited and shall be enforced as so limited.

For Users in some jurisdictions (for example, certain states in the USA or countries in the EU), the following shall apply: Any invalid or unenforceable provision will be interpreted in a manner consistent with applicable law to reflect as closely as possible the original intent of the parties. If such interpretation is not possible and the provision is essential to the agreement, the parties will negotiate in good faith to replace the invalid provision with a valid one that reflects the original intent. If an essential provision cannot be made valid, the entire agreement may be deemed null, but only if the removal of that provision substantially defeats the purpose of the agreement for either party.

NO WAIVER

No failure or delay by the Owner in exercising any right, power, or privilege under these Terms shall operate as a waiver of that right or provision, nor shall any single or partial exercise of any right or power preclude any further exercise of that right or the exercise of any other right, power, or privilege. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of The Rittmann Group, LLC.

GOVERNING LAW

These Terms and any disputes arising out of or related to the Service or these Terms shall be governed by and construed in accordance with the laws of the State of Colorado, USA, without regard to its conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

If You are using the Service as a consumer in a jurisdiction that provides You with certain mandatory rights, this governing law provision will not deprive You of the protection of the mandatory provisions of the law of Your country of residence. In other words, if You are a consumer located in a jurisdiction (for example, a country in the European Union) that requires application of its consumer protection laws, those laws may apply to You for certain parts of these Terms.

DISPUTE RESOLUTION AND JURISDICTION

Jurisdiction and Venue: You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Service shall be brought exclusively in the state or federal courts located in the State of Colorado, United States. You and the Company hereby consent to the personal jurisdiction of those courts and waive any objections on grounds of venue or forum non conveniens (i.e., that the court is not a convenient forum).

No Arbitration; No Class Actions: We are not requiring arbitration of disputes under these Terms. This means that You and the Company retain the right to have any disputes resolved by a judge or jury in a court of law. By agreeing to this provision, both You and the Company acknowledge that We prefer to resolve disputes in court rather than through binding arbitration. Furthermore, all claims must be brought in the parties’ individual capacities only, and not as a plaintiff or class member in any purported class or representative proceeding. You and the Company agree that each may bring claims against the other only in Your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative action. No class actions or collective arbitrations are permitted. The court may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

Injunctive Relief: Notwithstanding the above, You agree that the Company may bring suit in any court of competent jurisdiction to enjoin infringement or other misuse of the Company’s intellectual property or other proprietary rights.

European Users: If You are a User located in the European Union, You also have the right to use the EU Online Dispute Resolution platform to facilitate resolution of consumer disputes. However, please note that we do not agree in advance to submit to any alternative dispute resolution process. This information is provided as required by EU law.

ENTIRE AGREEMENT

These Terms (together with any additional terms or agreements expressly incorporated by reference, such as our Privacy Policy, and any specific product or subscription terms that apply to You) constitute the entire agreement between you and The Rittmann Group, LLC regarding Your use of Our Services. They supersede all prior or contemporaneous communications, whether electronic, oral, or written, between You and the Company regarding the Service.

No oral or written information or advice given by the Company, its representatives, or any third party shall create any warranties or obligations that are not expressly stated in these Terms. You acknowledge that you have not entered into these Terms in reliance on any statement or representation not expressly set out herein.

CONTACT INFORMATION

All notices or communications required or permitted under these Terms, unless specified otherwise, should be sent to the Owner using the contact information provided below. Likewise, if you have any questions, complaints, or claims with respect to the Service or these Terms, you may contact us via email at: [email protected]

We will endeavor to respond to communications in a timely manner. If you are contacting us to assert any rights or make a legal claim, please include sufficient detail for Us to understand Your request or claim and to respond.

Thank you for reading these Terms and Conditions. By using Our Website and Service(s), You signify Your agreement to these Terms. We appreciate your trust in our services and look forward to providing You with quality, secular, and TEKS-aligned educational resources.  

 

 

DEFINITIONS AND LEGAL REFERENCES

This Website (or this Application)

The property that enables the provision of the Service.

 

Agreement

Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

 

Business User

Any User that does not qualify as a Consumer.

 

Coupon

Any code or voucher, in print or electronic form, which allows the User to purchase the Product at a discounted price.

 

European (or Europe)

Applies where a User is physically present or has their registered offices within the EU, regardless of nationality

 

Example withdrawal form

Addressed to:

The Rittmann Group, LLC 7895 Louviers Blvd #311 Louviers, CO 80131

[email protected]

 

I/We hereby give notice that I/we withdraw from my/our contract of sale of the following downloadable content/for the provision of the following service:

 

                                                                                                 (insert a description of the downloadable content/services that are subject to the respective withdrawal)

 

Ordered on:                                                                                                (insert the date)

 

Received on:                                                                                              (insert the date)

 

Name of consumer(s):

 

Email address of consumer(s):

 

Date:

 

(sign if this form is notified on paper)

 

Owner (or We)

Indicates the natural person(s) or legal entity that provides this Website and/or the Service to Users.

 

Product

A good or service available for purchase through this Website, such as digital files, software, physical goods, booking services, etc.

 

Service

The service provided by this Website as described in these Terms and on this Website

 

Terms

All provisions applicable to the use of this Website and/or Service as described in this document, including any other related documents or agreements, and as updated from time to time.

 

User (or You)

Indicates any natural person or legal entity using this Website.

 

Consumer

Any User qualifying as a natural person who accesses goods or services for personal and/or professional use.