AMS Terms & Conditions

Terms of Use

Effective May 22, 2019.

Welcome to the American Montessori Society (“AMS”) websites, which are owned and operated by American Montessori Society (collectively, the “Websites”).

The Websites may include some or all of the following: (a) educational materials and programs regarding the American Montessori Society and the Montessori classroom; (b) a platform for the purchase and use of digital content, which allows members, subscribers, and/or one time purchasers to purchase stream pre-recorded audio and video content over the Internet for personal use, (c) an e-commerce site, which allows users to purchase products from the AMS online store, and (d) links to one or more websites where other services or online content (including content provided by other Website users and third parties), resources, tools, products, communications and social networking features may be accessed and used. All of the foregoing are collectively referred to as the “Services.” 

Please carefully read the following terms and conditions for use of the websites. By accessing and/or using the websites and by further clicking where it says, “I agree,” you are agreeing to be bound by the following terms of use, privacy policy, community posting guidelines, and anti-spam policy.

When you use a link to a third-party provider, you are leaving the AMS websites and you must read the third-party provider’s terms, conditions, and privacy policies, as those will be applicable to that third-party provider’s website, not these terms and conditions and privacy policy.  

1. Parties.  These Terms and Conditions, the Privacy Policy and all other guidelines, rules or operating policies that AMS posts on one or more of the Websites, which are incorporated herein by reference, collectively are referred to as the "Agreement.”  The Agreement sets forth the terms and conditions of a legally binding contract between you, as a visitor to and/or user of the Websites (referred to as “you” or “your”) and AMS (“AMS,” “we,” “our” and “us”).

2. Acceptance of Terms and Conditions. The Services are offered to you on the condition that you agree to be bound by this Agreement in its entirety without modification. By accessing and/or using any of our Websites, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse one or more of our Websites) or you are a "Registered User" (which means that you have registered to use the Websites, have subscribed to use one or more of the Services and/or have purchased something from the website). If you do not accept the terms of this Agreement, you are not permitted to use the Websites and/or subscribe to the Services, and you are obliged to exit all of the Websites and discontinue any and all use of the Websites and the Services immediately.

3. Modifications. We may modify this Agreement from time to time and such modifications shall be effective upon posting at any of our Websites. By accessing and/or using any of our Websites after any such modification is posted, you are agreeing to be bound by such modifications. You also agree that it is your responsibility to monitor the Websites for the posting of modifications and to review such modifications on a regular basis. If you do not agree to be bound by any future modifications of this Agreement, your exclusive remedy is to cancel your account and discontinue your use of the Websites and the Services.

4. Registration Requirements. Visitors are currently permitted to view only limited portions of the Websites prior to deciding whether to become a Registered User. Full access to the Websites and the Services is available only to Registered Users and, if a subscription is required, then only to Registered Users who are also paid subscribers. If you wish to become a Registered User, you must register on our Websites, you must complete the registration procedures displayed on the registration page(s) of the Websites and, where applicable, pay the required subscription fee. Some aspects of the Websites and the Services are available to all Registered Users, and some are available only to Registered Users who have paid the required subscription fee and/or other charges, all of which are posted at the Websites.

5. Websites Age Requirements. By accessing and using the Websites, you agree that you are representing to us that you are over the age of 18 and you are of legal age to form a legally binding contract, and you are not a person barred from purchasing or receiving products and services, under the laws of the United States or other applicable jurisdiction. Registration, subscription, access to and use of the Websites and the Services are not available to users under the age of 18 and are void where prohibited by applicable law.

6. Requirements for Becoming a Registered User. By completing the registration procedures displayed on the registration page(s) of the Websites, you agree that (a) you are representing to us that you are providing true, accurate, current and complete information about yourself as prompted by the registration form available on our Websites (the "Registration Data"), and (b) you are obliged to maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future access to and/or use of the Websites and the Services (or any portion thereof).

7. Children’s On-Line Protection Act. Due to the nature of the Internet, we cannot prohibit minors from visiting our Websites. However, our Websites are not directed toward children under the age of 13 and we do not knowingly collect information from children under the age of 13 through the Websites. If you believe that a child has provided information to us through the Websites, please contact us by email at ams@amshq.org or by writing us at 16 East 16th Street, New York, NY 10003 Attn: Webmaster. We will use our best efforts to remove all of the information provided by the child from our system. (See our Privacy Policy set forth below for additional information about Children’s Online Privacy Protection Policy.

8. Your Account, Password and Security. As a Registered User, you are required to choose a password, and provide your email address, and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality and security of the password and all other account information, and you are fully responsible and liable for all access to and use of the Websites and the Services that occur under your password or account. You agree to (a) immediately notify us by e-mail to ams@amshq.org of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. AMS will not be liable for any loss or damage arising from your failure to comply with this section.

9. Preservation and Disclosure of Account Information and User Content. You agree that AMS may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Website Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of AMS, the other users of the Websites and Services, and the public. However, under no other circumstances will AMS intentionally disclose your account information to any third party except as otherwise provided in our Privacy Policy, which is set forth below.

10. Security Components. You agree that the Websites and the Services, and the software embodied within the Websites and the Services, may include security components that permit digital materials to be accessed, used, and protected, and that use of these security components is subject to usage rules set by AMS and/or content providers who provide content to AMS. You may not attempt to override or circumvent any such security components and usage rules embedded in the Websites and the Services.

11. Subscription Fees and Payment. Access to and use of certain Services may be subject to a one-time fee or a recurring fee ("Fee"). The Fee is payable in U.S. dollars or other currency as applicable. You will be required to provide your credit card number and other information at the time that you seek to obtain one of these Services or make payment of a recurring Fee. Except as required to process a payment transaction, AMS does not store or disclose credit card account information provided by its members and customers.  When members and customers elect to pay using their credit card, AMS immediately submits the information needed to obtain payment to the appropriate clearinghouse via an encrypted connection.  The complete credit card number is never saved on any server hosting any of the Websites or the AMS member or financial databases.  AMS reserves the right to change or modify the Fee or payment schedule at any time. Prices in currencies other than U.S. dollars are subject to adjustment due to fluctuations in exchange rates. AMS will use its reasonable best efforts to provide you with reasonable notice prior to making any fee changes or modifications, with the exception of exchange rate changes.

If AMS is for any reason unable to process a payment via your credit card, AMS will attempt to notify you via email and you will not have access to the product or service you were paying for until payment is received. You are responsible for notifying AMS of any changes to your credit card information and to update your information if your credit card has expired. AMS may suspend, terminate and/or otherwise interrupt your access to the Services if you fail to so notify AMS.

All Fees are exclusive of all excise, sales, use, transfer and other taxes and duties imposed with respect to the Services by any federal, state, municipal or other governmental authority, all of which taxes you are required to pay except for taxes based on AMS’s net income. You are responsible for obtaining and providing to AMS any certificate of exemption or similar document required to exempt any transaction from sales, use or similar tax liability.

You agree to pay your account balance on time. You are responsible and liable for any costs and expenses, including attorney and collection fees, that AMS may incur in its efforts to collect any remaining balances due from you. This paragraph will in no way limit any other remedies available to AMS. You are required to notify us of any billing problems or discrepancies within sixty (60) days after they first appear on your credit card account statement by sending a written notice to finance@amshq.org. If you do not so notify us within the time allowed, you waive any right to dispute such problems or discrepancies.

12. Content. The content available at the Websites and the Services generally consists of (a) content owned by AMS, including but not limited to the trademarks, trade dress and “look and feel” of the Websites and content created and/or acquired and owned by AMS (“AMS Content”), (b) content owned by third parties and licensed to AMS for specified uses on the Websites and the Services (“Third-Party Content”), and (c) content that may be posted and/or otherwise uploaded to the Websites and/or the Services by you (“User Content”). As between you and other Registered Users, however, the content posted by other Registered Users is considered to be “Third-Party Content.”  We refer to all of the foregoing collectively as “Website Content.”  It is possible that we may, from time to time, need to limit access to certain Website Content from various geographic locations.  If that type of limitation is imposed, you will receive a message that you cannot access the content when you click on the link to the content. Please contact ams@amshq.org should that occur.

13. Ownership. AMS does not claim ownership rights in any User Content that you post on the Websites or otherwise make available through the Services. Subject to the non-exclusive license contained in Section 14 below (“License to Your Content”), as between AMS and you, you will retain all intellectual property rights that you may have in any User Content that originates with you.  You should retain a copy of all of your User Content on your computer as AMS has no obligation to retain User Content or to maintain backup copies of User Content.  In the event of a termination, User Content will generally be removed (although not necessarily from AMS’s backups) but not returned.

14. License to Your Content. In order to enable us to permit other Visitors and Registered Users to view and share User Content that you post to a Website, we must have a license from you to allow them such access.  Accordingly, by posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, "posting") any User Content on or through our Websites or the Services, you hereby grant to AMS a non-exclusive fully-paid, royalty-free, perpetual, irrevocable, worldwide license (including the right to sublicense) to use, copy, modify, translate, create derivative works, perform, display, store, transmit, distribute, and otherwise make available such User Content on and through the Websites and/or the Services, in print, or in any other format or media now known or hereafter invented, without any obligation of notification, compensation, attribution or consent. Notwithstanding the foregoing, we will not use your User Content to create commercial products such as books or other commercial publications. For purposes of this section, “commercial products” does not include use on the Websites and the Services and/or the advertising, publicity, promotional and marketing materials for the Websites and the Services in any and all formats and media now known or hereafter invented. If you wish to remove any User Content from the Websites and/or the Services, the decision will be made by AMS alone in its sole and absolute discretion, and our decision may depend on the type of User Content, the location and manner of posting, and other factors. You may contact us at ams@amshq.org to request the removal of certain User Content you have posted, but AMS (i)has no obligation to remove any such User Content, (ii)may choose whether or not to do so in its sole discretion, and (iii)makes no guarantee as to the complete deletion of any such User Content and copies thereof. In any case, a back-up or residual copy of any User Content posted by you may remain on AMS’s servers after the User Content appears to have been removed from the Websites and/or the Services, and AMS retains all rights granted in this section to all such remaining copies. It also may remain on archive servers not controlled by AMS which seek to archive the contents of the internet.  You represent and warrant that: (i) you own all right, title and interest in all User Content posted by you on or through our Websites or the Services, or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your User Content on or through the Websites and/or the Services does not require the knowledge or consent of any third party and does not violate the privacy rights, publicity rights, copyrights, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.

15. Prohibited Conduct. The Websites and the Services may include features that permit you to post User Content, which includes and applies to (but is not limited to) content of your own, comments on the User Content posted by other Registered Users, and communications with other Registered Users. Such User Content includes but is not limited to information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials. You acknowledge and agree that you shall not use the Websites and/or the Service to post or other transmit User Content that:

• is offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person or entity;
• exploits people in a sexual or violent manner;
• contains nudity, violence, or offensive subject matter;
• solicits personal information from anyone under the age of eighteen (18);
• provides any personal information including but not limited to telephone numbers, street addresses, last names or email addresses of anyone other than your own or other individuals associated with your organization;>
• promotes information that is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• violates the intellectual property or other proprietary right of any third party, including User Content that promotes an illegal or unauthorized copy of another person's work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated video, music or links to pirated video or music files;
• involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," "spamming," or “phishing”;
• contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
• furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
• includes a photograph of another person that you have posted without that person's consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual's privacy or infringement of publicity rights; or
• contains a virus or other harmful component.

16. Responsibility for User Content. You, and not AMS, are entirely responsible for all User Content that you upload, post, email, transmit or otherwise make available via the Websites and/or the Services. AMS does not control the User Content posted via the Websites and/or the Services and, as such, we cannot and do not guarantee the accuracy, integrity or quality of such User Content. You acknowledge that, by using the Websites and the Services, you may be exposed to User Content that you deem offensive, indecent or objectionable. Under no circumstances will AMS be liable in any way for any User Content, including, but not limited to, any errors or omissions in any user Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Websites and/or the Services.

17. Rejection and/or Removal of User Content. You understand and agree that AMS may or may not pre-screen User Content posted on our Websites, but that AMS shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, and/or remove any User Content or portion thereof that is available via the Websites and/or the Services, in its sole and absolute discretion, for any reason, including but not limited to its determination that any such User Content is not appropriate for the Websites and/or the Services, or for no reason. Without limiting the foregoing, and by way of example only, AMS shall have the absolute right to remove from the Websites and/or the Services any User Content that violates this Agreement or is otherwise objectionable in the sole discretion of AMS, or to restrict, suspend, or terminate your access to all or any part of the Websites and/or the Services at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of the Websites and/or the Services by any person, please contact AMS by email at ams@amshq.org.

18. Limited License. AMS hereby grants to Registered Users a limited, personal, revocable, non-sublicensable license to display a single copy of the AMS Content and the Third-Party Content located on or available through our Websites or Service (excluding any software code therein) solely for your single, personal, non-transferable and non-commercial use in connection with viewing our Websites and using the Services during the term of your registration. All such use is subject to the terms and conditions set forth in this Agreement and may be terminated by AMS as set forth in this Agreement. Except for User Content posted by you, you may not copy, store, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Website Content for any purpose whatsoever.

19. Reservation of Rights. AMS Content and Third-Party Content are protected by copyright, trademark, patent, trade secret and other laws. AMS and its third-party licensors owns and retains their respective rights, title and interest in and to their respective content subject only to the limited licensed granted to Registered Users as set forth above.

20. Other Sites. The Websites may contain third-party advertising and/or links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). However, the inclusion of a link in any of our Websites does not imply AMS’s investigation, evaluation and/or endorsement of such third party website. We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses, entities or individuals, or the accuracy of the content of their advertising or websites. AMS does not assume any responsibility or liability for the actions, products, services, and/or content of any such websites. Before you purchase goods or services from a third party and/or use any third-party website, you should review the applicable terms of use and privacy policies for such websites. If you decide to access any such linked websites, you do so at your own risk.

21. International Use. Due to the global nature of the Internet, you agree that you are obliged to comply with all applicable laws, rules and regulations regarding the access to and use of the Websites and the Services. By way of example only, you agree that you are obliged to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, and that restrictions on access to and/or use of some Website Content may apply to users based on their place of domicile, residence and/or use.

22. Take-Down Notices Under the DMCA. AMS will receive and evaluate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). Written notices of claimed copyright infringement must be in strict compliance with all terms and conditions of the DMCA and must be submitted according to the procedures set forth in the DMCA to the following Designated Agent for AMS:

Name of Agent Designated to Receive Notification of Claimed Infringement on Behalf of AMS, Inc: Webmaster

Full Address of Designated Agent to Which Notification to AMS Should Be Sent:

Webmaster
American Montessori Society
16 East 16th Street
New York, NY 10003

Email of Designated Agent: webmaster@amshq.org

23. Term and Termination.

This Agreement, as it may be modified from time to time, shall remain in full force and effect for so long as it is posted on any of the Websites or until terminated by AMS or by you.

You may terminate your status as a Registered User and cancel your account at any time and for any reason, by notifying us by email at ams@amshq.org or by phone at 212-358-1250, but any such termination and cancellation will be effective only after AMS has processed the request. If you cancel your account prior to the expiration of any pre-paid subscription period, you will forfeit the Fees paid for any unused portion of your subscription, which are non-refundable. However, you will be able to continue viewing premium content until the expiration of your current pre-paid subscription period. You also agree that the cancellation of your account is your sole remedy with respect to any dispute with AMS. If you have obtained or are in the process of obtaining a credential through a Teacher Education Program affiliated with AMS, we will retain information about you associated with your credential to fulfill our obligations as a credentialing body.

AMS reserves the right to suspend or terminate your status as a Registered User, cancel your account, and disable your access to the Websites and Services at any time, with or without notice to you, with or without cause, and without liability to you. AMS shall have no liability to you or any third party because of such suspension or termination or related action for any reason except as follows: (a) If AMS elects do so with cause, then no refund of any unused portion of a pre-paid subscription is owing, and (b) if AMS elects to do so without cause, then AMS will refund any unused portion of a pre-paid subscription.

The following sections shall survive any termination of this Agreement, your account, and/or your use of the Service: Section 9 (“Preservation and Disclosure of Account Information and User Content”), Section 12 (“Content”), Section 13 (“Ownership of Content”), Section 14 (“License to Your Content”), Section 16 (“Responsibility for Your User Content”), Section 17 (“Rejection and/or Removal of User Content”), Section 19 (“Reservation of Rights”), Section 20 (“Other Sites”), Section 21 (“International Use”), Section 24 (“Disclaimer of Warranties”), Section 25 (“Waiver of Claims”), Section 26 (“Limitation of Liability”), Section 27 (“Severability”), Section 28 (“Indemnity”), and Sections 30 through 36.

Upon suspension or termination, AMS shall have no obligation to save any User Content that you may have posted or otherwise provided, and we reserve the right to permanently delete and destroy any of your personal information and/or User Content.

24. Disclaimer of Warranties. You agree that the Websites and the Services are offered without warranties of any kind whatsoever by AMS and/or the providers of Website Content. The disclaimer of warranties includes, but is not limited to, the following.

(a) Your use of the Websites and the Services is at your sole risk. The Websites and the Services are provided on an “as is” and “as available” basis. AMS and its parent, subsidiaries, affiliates, successors and assigns, and their respective shareholders, officers, directors, employees, agents, partners, licensors, vendors and contractors (collectively, the “Related Parties”) expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, with respect to the service, the websites, and any third party websites with which they are linked.

(b) The Related Parties make no warranty that the Websites or the Services, the Website Content, and/or the information, products and services available through the Websites or the Service will meet your expectations or requirements, or that you will achieve any particular results from the use of any of the foregoing, or that the Websites or the Services will be uninterrupted, timely, secure, error-free, or free of any harmless components (including viruses, malware, spyware, or comparable components.

(c) You expressly assume the risk, by way of example, of deletion, non-delivery or failure to store postings of User Content, communications, personalized settings, or data, and you agree that the Related Parties make no warranties regarding the foregoing.

(e) Any material downloaded or otherwise obtained through the use of our Websites or the Services is accessed at your own discretion and risk, and you will be solely responsible for any loss or damage to your computer system or loss of data that results from the download of any such material.

25. Waiver of Claims. You hereby waive, release and discharge the Related Parties from and against any claims that you may be entitled to make by reason of any use of your User Content authorized under this Agreement and/or by reason of your participation in any of the communications and social networking features of the Services, including but not limited to, and by way of example only, any claims based on copyright infringement, trademark infringement, rights of privacy or publicity, defamation and otherwise.

26. Limitation of Liability. To the fullest extent permitted by applicable laws, the Related Parties will in no event be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from or in connection with any use of the Websites and/or the Services, and/or any website with which they are linked, and/or any content, information, products or services accessible through the Websites and/or the Services, even if any of the Related Parties have been advised of the possibility of such losses or damages. Notwithstanding anything to the contrary contained herein, the aggregate liability of the Related Parties to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to AMS for the Services.

27. Severability. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you. In any such case, and/or if any terms or conditions of this Agreement are held to be invalid for any reason whatsoever, this Agreement shall remain in full force and effect on its remaining terms and conditions of this Agreement unless and until terminated by AMS. Furthermore, if any term or condition of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the intentions of the parties as reflected in the invalidated provision.

28. Indemnity. You agree to indemnify, defend, and hold harmless the Related Parties from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your breach of the terms of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. AMS will use its reasonable best efforts to notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

29. Modification and Discontinuation. We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Websites and/or the Services, or any portion thereof, with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Websites and/or the Services.

30. Entire Agreement. This Agreement, together with any other terms and conditions referenced herein (including without limitation the Privacy Policy), constitutes the entire agreement between you and AMS and governs your use of the Websites and Service, superseding any prior agreements between you and AMS with respect to the Websites and/or the Services.

31. Choice of Law and Forum. This Agreement and the relationship between you and AMS shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and AMS agree to submit to the personal and exclusive jurisdiction of the courts located within New York City, New York.

32. No Waiver. The failure of AMS to exercise or enforce any right and/or remedy under this Agreement shall not constitute a waiver of such right and/or remedy.

33. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Websites, the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

34. Relationship of the Parties. You and AMS agree that they are independently contracting parties dealing at arm’s length with each other in connection with the licensing of intellectual property rights and the provision of services. No partnership, joint venture, joint authorship, employment, fiduciary, agency or other relationship is created between them.

35. Binding on Successors. This Agreement shall be binding on and inure to the benefit of the heirs, executors, administrators, licensees, successors and/or assigns of the parties, as applicable. For avoidance of doubt, you agree that AMS is fully authorized to assign, sublicense and/or otherwise convey and transfer this Agreement and/or any of its rights under this Agreement at any time, in its sole and absolute discretion, and without compensation of any kind to you.

36. Notice. Except as otherwise specified elsewhere in this Agreement, notices to AMS may be given at the foregoing email and postal addresses, and notices to you may be given at the address provided to us at the time of registration and/or the purchase of goods and services from AMS.