DIGITAL GOODS TERMS OF PURCHASE

Last Updated July 12, 2025.

Thank you for your interest in purchasing our digital products. We hope you find exactly what you are looking for and enjoy our thoughtfully crafted digital resources designed for users like you.

Please review these Terms of Purchase very carefully. By purchasing our digital products, you are agreeing to these terms and expressing that you have been given reasonable access to review these Terms prior to completing your purchase. This Agreement is binding as of the date you make your purchase.

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General Purpose.  These Terms of Purchase ("Terms," or "Agreement") that You, the purchaser, are entering with Math Beach Solutions LLC ("Company," "we," "us," "our") govern how you may purchase, access, and use our digital products. The Company and You will collectively be referred to as "Parties," and each individually as a "Party."

By purchasing our digital products, you are agreeing to these Terms of Purchase, our Terms of Use (accessed at https://www.mathbeach.com/termsofuse), and our Privacy Policy (accessed at https://www.mathbeach.com/privacypolicy), all of which are hereby incorporated by reference. These Terms of Purchase are in addition to our Terms of Use. If you do not wish to agree to these Terms of Purchase, our Terms of Use, and our Privacy Policy, or are not legally able to form a binding contract, you must not proceed with any purchase.

Scope of Products and Services. These Terms apply exclusively to digital products offered for sale through our online store, including but not limited to:

• PDF educational resources and materials

• Editable word-processor documents and templates

• Presentations and templates

• Other downloadable digital content and resources

These Terms do not apply to physical products, subscription services, or any other services not explicitly defined as digital products in our store.

Delivery. All products are delivered electronically via download link. Upon successful payment processing, you will receive access to download your purchased digital products immediately or within 24 hours of purchase.

You are responsible for having the appropriate software and technical capabilities to access and use the purchased digital files. Standard file formats include PDF, Microsoft Word (.docx), and Microsoft PowerPoint (.pptx) files.

Download links are valid for a reasonable period but may expire for security purposes. We recommend downloading your purchased files immediately upon receipt of your download link.

Disclaimer. We do not warrant the accuracy, completeness, or usefulness of the information you find in our digital products. Any reliance you place on such information is at your own risk.

You understand and agree that our digital products are merely informational and educational in nature and do not represent any level of legal, medical, financial, or other professional industry-specific advice. As such, our Company will not be responsible for any damages that result from the use of our digital products.

No Warranties + No Guarantees. The Company is providing these digital products on an "As-Is" basis for individual use by you at your own risk and without any warranties, whether express or implied, including, but not limited to warranties of title; merchantability; fitness for a particular use; or any rights or licenses in this Agreement. We cannot guarantee that the digital products will be free from viruses or other harmful code. The Company makes no warranty as to the accuracy and reliability of information set forth in our digital products.

You understand and agree that the Company does not guarantee specific results, including financial, educational, or other gains for you personally or for your business. The information included in our digital products is provided for informational and educational purposes only and you are responsible for implementing any practices or suggested actions found in our products.

To the fullest permissible extent, the Company disclaims liability for any damages you sustain as a result of purchase, download, or use of the Company's digital products.

Geographic Limitations. The owner of the digital store is based in the State of Texas in the United States. We provide these digital products for purchase only by persons located in the United States.

Purchases from outside the United States may be declined or refunded at our sole discretion.

Payment. We accept major credit cards, debit cards, and other payment methods as displayed during checkout. All payments must be completed in U.S. dollars.

By providing payment information, you authorize us to charge the total purchase amount to your selected payment method. You represent and warrant that you have the legal right to use any payment method provided.

Payment processing is handled by secure third-party payment processors. We do not store your complete payment information on our servers.

Billing. Payment for digital products is processed immediately upon purchase completion. You will receive an email confirmation of your purchase and payment.

If you believe there has been a billing error, please contact us at allison@mathbeach.com within 30 days of the charge. We will investigate and resolve any legitimate billing discrepancies.

All prices are listed and charged in U.S. dollars. Your bank or payment provider may convert charges to your local currency and may assess additional fees.

Return Policy. All digital products sold in our store are non-refundable. Due to the nature of digital goods, once a download link is delivered, the sale is considered complete and final.

We may consider refund requests on a case-by-case basis at our sole discretion. Any consideration of refunds is entirely at our discretion and does not create any obligation or precedent for future requests.

Subscriptions. Currently, we do not offer subscription-based digital products. All purchases are one-time transactions for individual digital products. If we introduce subscription services in the future, separate terms will apply.

Cancellations. Once payment has been processed for digital products, the purchase order cannot be cancelled. Please review your purchase order carefully before submission.

If you believe there has been an order or billing error, please contact us at allison@mathbeach.com within 30 days of the charge. We will investigate and resolve any legitimate order discrepancies.

Chargebacks. Initiating a chargeback or payment dispute for digital products that have been successfully delivered may result in permanent suspension of purchase order privileges and legal action to recover costs.

Before initiating any payment dispute, please contact us directly to resolve any issues. We will investigate legitimate concerns.

Promotions. Special offers, discounts, and promotions are subject to specific terms stated at the time of the offer. No retroactive price adjustments or price matching is available.

Promotions cannot be combined unless explicitly stated. Promotional offers may be limited to new customers, specific products, or other restrictions as outlined in the promotional terms.

Discounts. Discount codes must be entered during checkout and cannot be applied retroactively to completed purchases. Only one discount code may be used per transaction unless otherwise specified.

We reserve the right to limit discount eligibility and to refuse discount codes that appear to be fraudulently obtained or used in violation of their intended terms.

Licenses. The following license types are available for purchase of our digital products. Each license type has specific terms and restrictions that govern use of the licensed materials.

The one-time individual (non-transferable) license provides an individual license to use and reproduce the product for personal, educational, and instructional use.

The school-managed teacher (transferable) license can be assigned to one teacher within the purchasing organization. The assigned licensee receives the right to use and reproduce the product for personal, educational, and instructional use until the license is assigned to a new user.

License Scope and Restrictions. The notice of copyright must appear on all copies.

One license is needed per teacher. Multiple licenses are required for use in multiple classrooms. Co-teachers providing support within the same classroom do not need additional licenses if the primary teacher holds a license.

Posting student-version resources related to classroom instruction on a password-protected, restricted-access website or drive is permitted. Posting resources on any website or drive accessible by the general public is prohibited.

Licensed users may modify content for direct educational use within their licensed scope, including customizing examples, adding classroom-specific information, and adapting formatting. Users may not create new products based on our materials or redistribute modified versions.

Intellectual Property. We enjoy sharing and creating valuable digital content for all our customers to engage with and enjoy. However, in making this content available for purchase, we still hold ALL of the Intellectual Property Rights to the work. Meaning, all intellectual property rights including, but not limited to trademarks, copyrighted material, trade secrets, and other proprietary information are owned by the Company and its designees. The Company has the sole exclusive right to reproduce, share and create derivative works from this intellectual property.

You understand and agree that you are only licensed to use the purchased digital products according to the license terms outlined in this Agreement.

You may not use the Company's trademarks including, but not limited to, brand names, logo marks, service marks, designs, and slogans, without written permission from the Company.

Consent to Use. By submitting reviews, images, comments, testimonials, or tags to us on any platform including, but not limited to social media and online reviews, you are by default granting us a commercial license and voluntarily releasing us to use your submissions for any reasonable future business use. In doing so, we may use your name and/or photo along with any other publicly acknowledged information that has been revealed by you when referring to your submissions on our Website, marketing materials, guides, and any other platform not expressed in this agreement.

Age Limitations. Our digital products are designed for professional educators and are offered to purchasers who are at least 18 years old. By completing a purchase you are representing that you meet the minimum age requirements to form a binding contract in your jurisdiction.

Changing Terms. We reserve the right to update and revise these Terms at any time without notice to you. The date that these Terms were last updated is noted on the top of this Agreement.  Your continued purchases after we have updated these Terms indicates your acceptance and agreement to the changes.

Privacy. We respect your privacy and are committed to protecting it. We may use certain information that we collect from you to operate our Company and process your purchases. Please review our Privacy Policy at https://www.mathbeach.com/privacypolicy to understand the types of data we collect from you and your devices ("Data") in connection with your purchases and how we use your Data. By making a purchase you are expressing that you agree with how we collect and use your Data as set out in these Terms and our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You must also secure your download links and not share access credentials with unauthorized users.

Store Presentation Error. In the event of a pricing error, product description error, or other mistake in our store presentation, we reserve the right to cancel orders, even after payment has been processed. If this occurs, we will provide a full refund and notify you of the cancellation.

While we strive for accuracy in all product descriptions and previews, minor discrepancies do not constitute grounds for refund. Material misrepresentations may be considered under our extraordinary circumstances policy.

Termination of Use. We reserve the right to terminate your access to purchase digital products and to disable any previously purchased products in cases of violation of these Terms, fraudulent activity, or abuse of our services. Termination does not entitle you to a refund of previously purchased products.

Limitation of Liability. The Company is in no way liable to You or any other third party for any and all damages including, but not limited to, punitive or exemplary damages or those resulting from negligence relating to this Agreement or Your purchase and use of our digital products, regardless of whether the Purchaser was advised of such damages, the foreseeable nature of the damages, and the legal or equitable theory upon which the claim for damages is based.

Limitation of Liability. The Company is in no way liable to You or any other third party for any and all damages including, but not limited to, punitive or exemplary damages or those resulting from negligence relating to this Agreement or Your purchase and use of our digital products, regardless of whether the Purchaser was advised of such damages, the foreseeable nature of the damages, and the legal or equitable theory upon which the claim for damages is based. If found to be applicable by a court of competent jurisdiction or by law, the Company’s total liability arising out of or related to this Agreement and your use of the Website will be limited to the total amount paid to the Company preceding the event giving rise to the claim.

This Limitation of Liability provision does not purport to affect any liability that cannot be excluded or limited under the law.

Indemnification. You agree to defend, indemnify, and hold harmless the Company and its designees in all cases arising out of your purchase and use of our digital products or any information contained therein.

Binding Arbitration. In the event there is a dispute between the Parties that cannot be brought to an amicable mutual understanding, the Parties understand and agree that such dispute will be handled through binding arbitration in alignment with the rules of the American Arbitration Association. The Parties understand that they will be bound by any decision rendered by the arbitrator and/or arbitration proceedings. The arbitration itself will be held in Brazos County, Texas. If the arbitration is unable to move forward in the designated jurisdiction, the Company will unilaterally elect another venue for the arbitration. The Parties will equally share in the costs and expenses of arbitration and any related proceedings.

Choice of Law. This Agreement and the Parties’ relationship are governed by the laws of the State of Texas. In the event of conflicting laws, the laws of State of Texas will control.

Notices. We may provide notice to you by: (i) sending a message to the email address provided by you, or (ii) by posting to the Website. Notices sent by email will be effective at the time of sending and notices posted to the Website will be effective upon posting. You may provide notice to the Company by certified mail to Math Beach Solutions LLC, 5900 Balcones Drive # 20761, Austin, TX 78731. Notices provided by certified mail will be effective upon actual receipt of the notice.

All legal notices including those related to intellectual property and copyright infringement claims should be sent by certified mail to the Company’s agent and mailing address located in this provision above.

All requests and other communications relating to digital product purchases should be directed to: allison@mathbeach.com.

Severability + No Waiver. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court with jurisdiction, all other provisions set forth in this Agreement will remain valid and enforceable. By failing to enforce any right or provision of this Agreement, we are not waiving the right or ability to enforce the same rights or provisions in the future. Any right or provision in this Agreement will only be considered waived if done so in writing by an authorized representative of the Company.

Transfer + Assignment. You may not transfer or assign any of your rights under this Agreement to any third party without the express written consent of the Company. The Company may assign this Agreement and any rights or obligations hereunder to any third party without your consent. This Agreement will be binding upon and inure to the benefit of the parties and their respective successors and assigns.

Force Majeure. The Company shall not be liable for any failure or delay in performance under this Agreement which is due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, boycott, or other similar events beyond our reasonable control.

Headings for Convenience Only. The headings in these Terms are included for convenience and reference, and are not meant to describe, define, or limit the scope or intent of any provision.

Entire Agreement + All Rights Reserved. In concluding this Agreement, you understand and acknowledge that these Terms constitute the final agreement and supersedes all others regarding the purchase, sale, and use of any Products and the use of the Website. These Terms, together with our Terms of Use and our Privacy Policy, represent the complete agreement between you and the Company. The Company reserves any and all rights not expressly granted in these Terms. 

All intellectual property rights in our digital products remain the exclusive property of Math Beach Solutions LLC.

Thank you for reading the Terms of Purchase in its entirety. We hope you were able to gain clarity on how to effectively purchase and use our digital products. If you have any questions about these Terms, please contact us at allison@mathbeach.com before making your purchase.