Effective date: October 1, 2024 

TKMG Academy, Inc. (“TKMG Academy,” “we,” “our,” or “us”) is the owner and provider of this website (www.tkmgacademy.com) (the “Website”), the TKMG Academy Learning Platform (www.learn.tkmgacademy.com), and other products and services (collectively, the “Services”). These Terms of Service (“Terms”) govern your access to and use of the Services.

Please read these Terms carefully as they are a binding agreement (”Agreement”) between you and TKMG Academy, Inc. By accessing, using, or browsing any of the Services, including, without limitation, any of the content, materials, or information on the Services, you acknowledge that you have read and agree to be bound by these Terms.

From time to time, and at any time, we may modify these Terms. If you continue to access and use the Services after such changes are effective, you acknowledge and agree to such modifications.

If you are accessing, using, or purchasing any of the Services on behalf of a third party (e.g., a legal entity or organization, such as your employer, customer/client, or professional association), you represent and warrant that you have the authority to bind that third-party, and you accept these Terms on your own behalf and on behalf of that third-party. In that case, “you” and “your” refers to both you and that third party.

Privacy & Cookie Policies

Our Privacy Policy and Cookie Policy explain how we collect, use, and disclose your personal information when you access and use the Services. You must agree to the Privacy Policy and Cookie Policy to use the Services.

Content Licenses

Through the Services, we make available certain courses, videos, materials, exercises, and related supplementary materials owned by us or our third-party licensors, collectively the “Licensed Content”. This content is subject to all U.S. and international copyright and intellectual property laws. Except for any Licensed Content that we expressly license to you under different terms, you may not use, distribute, or otherwise exploit any Licensed Content for any commercial purpose, commercial advantage, or private monetary compensation—nor may you represent it as your own.

You may obtain a license (“Course License”) to access, view, and/or use Licensed Content by purchasing an individual course, using a prepaid license or discount code to purchase a course, purchasing an annual subscription plan, or being given access to courses through your employer, subject to the terms and conditions described below. The Licensed Content available under each Course License will vary based on the type of Course License that you purchase or are given. For example, if you purchase an individual course, your Course License will give you the right to access and view a single course. If you purchase or are given a seat on an annual subscription, your Course License will give you the right to access and view all courses in the TKMG Course Library.

Learners must familiarize themselves with the Prohibited Uses set forth below. If a learner breaches any of the Prohibited Uses, that learner’s license to access, view, and use the Services and Licensed Content is immediately revoked without any further action by TKMG Academy.

A Course License grants one learner an individual, revocable, non-exclusive, non-transferable right to access and view the Licensed Content for as long as the Licensed Content is available on the Services, and to use the materials related to the Licensed Content, solely for the learner’s personal, non-commercial purposes and subject to these Terms.

In order to purchase a Course License, you—whether you are the learner himself, herself, or themselves, or an individual or organization purchasing a Prepaid License for a learner—must pay TKMG Academy a license fee at the rate stated on the TKMG website or in a separately negotiated Master Sales Agreement.

For the sake of clarity, a Course License allows one person to access and view the Licensed Content; it does not permit more than one person to view the Licensed Content. Each person viewing a course must have a Course License, obtained through any of the means listed above. Unless we expressly state that the Licensed Content is subject to different terms, you may not download, copy, distribute, sell, lease, publicly show, share, modify, or otherwise provide access to the Licensed Content to any other person or entity.

Annual Subscriptions on the TKMG Academy Platform

A subscription grants one learner a Course License to access, view, and use the Licensed Content in the TKMG Course Library for the term of the subscription.

Subscriptions are available on an annual basis and must be paid in full prior to the start of the subscription and by each renewal date thereafter. All subscriptions automatically renew unless you cancel your subscription before the start of your next billing period. When your subscription expires or terminates, you will lose all access to the Licensed Content. We do not refund any subscription fees once they’re paid.

Organizations, groups, or work teams wishing to provide their employees or members with access to our full course library may purchase two or more seats that will be assigned to the individual employees or members (“Team Subscription”). Each seat includes one Course License for one individual to access and view each course in the TKMG Course Library. Neither licenses nor logins can be shared between individuals. Each individual accessing and viewing the Licensed Content must have a license to do so via an assigned seat.

Team Subscriptions belong to the purchasing organization, not any individual to whom a seat has been assigned. When an individual leaves the organization, the organization has the exclusive right to request that the seat holder’s access to the TKMG Academy library be terminated.

Once assigned, seats may not be re-assigned or transferred. Additional seats may be purchased at any time during the subscription period. An individual’s work email address is required for seat assignment; seats may not be issued to department or group email addresses.

If you are or represent an organization, group, or work team and provide access to the Licensed Content to your employees, contractors, or agents, you are solely responsible for ensuring that each licensee reads, and agrees and complies with, these Terms, and you accept all responsibility for the activities of those licensees in relation to the Services and the Licensed Content.

In addition, you agree that if you purchase any Course Licenses on behalf of an organization, group, or work team, those Course Licenses are being issued to and are owned by that organization, group, or work team (not you personally), regardless of the form of payment used.

It is solely your responsibility to keep your payment information up-to-date and accurate. If you are a purchaser or administrator of a Team Subscription and leave your organization, group, or work team for any reason, you must transfer subscription ownership and/or the administrator role to another individual within the organization. Under no circumstances will TKMG Academy cancel any Team Subscription or refund any subscription fees if you fail to update your payment information and account administration.

Annual Subscriptions for Content Accessed via Internal Learning Management Systems

Organizations that are granted permission to host TKMG Academy courses on their own Learning Management Systems (LMS) are subject to the same terms and conditions to which Annual Subscribers are, as described above.

For instance, the same Content Licensing terms are applicable, limiting course licenses to individuals for whom individual subscriptions are purchased, and not providing for any additional rights than provided to Annual Subscribers.

Your Account

Eligibility

In order to use and access the Services, you must be 18 years or older, and you must have the power to enter a binding contract with us and not be barred from doing so under any applicable laws. You also represent that any information you submit to us or the Services is true, accurate, complete, and lawful.

You may not use or access the Services if we have previously suspended or removed you from the Services, or if your registration or your use of the Services is not in compliance with all applicable laws or these Terms. Also, you may not use the Services if your use would cause us to violate any applicable laws or regulations.

Login Credentials

When you purchase courses, you must create an account and password (“Login Credentials”). You may not share, transfer, or assign your Login Credentials with any other individual, and any attempted transfer or assignment is void. You are solely responsible for maintaining the accuracy, truthfulness, completeness, and confidentiality of, and you agree to accept responsibility for all activities that occur under your Login Credentials. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), you agree to immediately notify us.

You may be liable for any losses we or others incur due to the unauthorized use of your Login Credentials. We may, in our sole discretion, for any or no reason and without penalty or notice, deny, suspend, or terminate your account, or discontinue providing access to all or any part of the Services. If we terminate your account or your right to use the Services, you agree that we will not be liable to you or any third party for any such termination. You may terminate these Terms at any time going forward by sending a request to delete your login account to info@tkmgacademy.com and discontinuing use of any and all parts of the Services. Upon termination, you must delete, return, or destroy any content, information, or materials obtained from the Services.

Digital Achievement Badges

When you complete a course, you understand, acknowledge, and consent to TKMG Academy sharing your contact information and course completion status with Credly, a leading digital credential service provider that offers digital Achievement badges (“Digital Badges”) free of charge to qualified recipients. After earning a Digital Badge, you will receive an email notification from Credly with instructions for claiming your badge and, if you aren’t already registered with Credly, setting up a Credly user account.

It is your choice whether to accept your Digital Badge. We encourage you to read our FAQ to learn more about the benefits of Digital Badges. If you accept a badge, you must do so within six (6) months of course completion. We have no obligation to retain information about your course completion status if you do not claim your badge within 6 months of course completion, and we generally delete information under our control about any unclaimed badges within 12 months of generating or receiving such information.

You understand and acknowledge that the information you provide to Credly and your Credly account are governed by Credly’s Privacy Policy and Terms of Service. We may, in our sole discretion, for any or no reason and without penalty or notice, suspend or terminate our offer, issuance, or maintenance of Digital Badges or our relationship with Credly.

TKMG ACADEMY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE CONDUCT, PRIVACY POLICIES, OR BUSINESS PRACTICES OF CREDLY. BY ACCEPTING YOUR ACHIEVEMENT BADGE THROUGH CREDLY, YOU EXPRESSLY WAIVE TKMG ACADEMY AND ITS OWNERS, EMPLOYEES, AND AGENTS FROM ANY LOSSES, DAMAGE, OR INJURY RELATED TO YOUR USE OF CREDLY OR ACCEPTING YOUR ACHIEVEMENT BADGE.

TKMG ACADEMY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING YOUR ACCEPTANCE OR USE OF ONE OR MORE ACHIEVEMENT BADGES. TKMG ACADEMY DOES NOT AND CANNOT GUARANTEE THAT YOUR ACHIEVEMENT BADGES WILL CAUSE YOU ANY RESULTS OF ANY KIND, WHETHER FINANCIAL, CAREER, OR OTHERWISE. UNLESS OTHERWISE STATED BY YOUR EDUCATION OR OTHER PROVIDER, ACHIEVEMENT BADGES DO NOT COUNT AND CANNOT BE USED AS SUBSTITUTION FOR FORMAL EDUCATIONAL CREDIT.

Payment, Refunds, and Cancellations

When you purchase any of our Services, you agree to pay the applicable fees in effect at the time of your purchase. You agree to use a valid and authorized payment method, and you represent and warrant that you are authorized to provide and use any payment method information that you provide to us.

If TKMG Academy is unable to obtain payment for a purchase that you received from us (e.g., if your payment method fails or we receive a chargeback), we reserve the right to terminate your access to any products or services for which we have not received adequate payment.

All subscriptions automatically renew. We will charge your payment method on the first day of your next billing cycle without any further action by you, unless we receive your request to cancel your subscription before we charge the payment method you have provided to us. You hereby authorize and direct us to charge your payment method to automatically renew your subscription. For clarity, if you need to cancel your subscription, you must contact us before your next billing cycle begins. Once we charge your payment method, the fees are non-refundable in accordance with our Refund Policy below.

All fees are exclusive of sales and use taxes, including VAT and GST, unless otherwise specified.

Because of the nature of the Services, we enforce a strict no-refund policy. This policy applies to all Course Licenses.

TKMG Academy reserves the right to change the prices and fees for the Services at any time. We will notify you of any changes before they take effect, and any changes to prices or fees will become effective when your next billing cycle begins. You may cancel your subscription before it renews if you disagree with any price or fee changes. No refunds will be given after subscription renewal fees have been charged.

Intellectual Property

All content and functionality on the Services, including Licensed Content, visual interfaces, text, graphics, logos, design, information, icons, images, services, content, videos, downloadable or supplementary materials, and all other elements of the Services, in addition to any concepts, know-how, tools, frameworks, software, applications or other technology, algorithms, models, processes, and industry perspectives underlying or embedded in the foregoing, along with any enhancements to, or selection, arrangement, or derivative works thereof (the “Services Materials”) is the exclusive property of TKMG Academy or its licensors and, to the extent applicable, is protected by U.S. and international copyright, patent, and trademark laws, international conventions, and other applicable laws governing intellectual property and proprietary rights.

The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Services are the registered and unregistered Trademarks of TKMG Academy and its licensors. You may use our Trademarks only for purposes of attributing to us any content that we permit you to share under these Terms. You agree that, except as expressly permitted by us or by our licensors, where applicable, you will not use TKMG Academy’s Trademarks for advertising or promotion purposes and that you will not imply any endorsement by or relationship with TKMG Academy or its licensors. Further, notwithstanding any of the foregoing, you will cease all use of our Trademarks immediately upon our request.

Prohibited Uses

You may not engage in any of the following on or while using the Services:

1. Recording, reproducing, duplicating, taking screen and/or video captures, framing, scraping, copying, selling, reselling, republishing, uploading, posting, displaying, transmitting, distributing, creating derivative works, or otherwise exploiting for any purpose, any portion of, functionality of, or access to the Services or Licensed Content, except for your own, non-commercial personal or educational use, without TKMG Academy’s express prior written consent;
2. Distributing any portion of the Licensed Content outside the organization that has purchased Course Licenses;
3. Deleting the TKMG Academy logo, or the copyright or other proprietary rights notices on the Services or on any Licensed Content;
4. Using the Services and Website in violation of any and all applicable laws, rules, and regulations, or in connection with pornographic, offensive, or obscene subject-matter;
5. Reverse engineering, modifying, altering (including by removing or disabling any security or technological safeguards, disclaimers, or legends), any portion of, functionality of, or access to the Services;
6. Removing, circumventing, disabling, damaging, or otherwise interfering with security-related features of the Services or Licensed Content, features that prevent or restrict use or copying of any Licensed Content, or features that enforce limitations on the use of the Services and Licensed Content; or
7. Intentionally interfering with or damaging the operation of the Services or any user’s enjoyment of it, by any means, including without limitation by participation in any denial-of-service type attacks or by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.

We encourage you to read our Taking Courses FAQ to learn more about permitted uses of the Services. Nothing in this Section or the FAQ should be construed to broaden or expand the License granted to you. Any violation of these Terms may result in the immediate termination of your account, use, or access to the Services.

Your Feedback

TKMG Academy deeply values your feedback and perspective, and we hope that you will share your suggestions, feedback, and comments (collectively, “Feedback”) regarding your experience with the Services with us. By providing Feedback directly to us or a third-party company that we use, you agree that we can use your Feedback to evaluate and improve our Services.

You represent and warrant that your Feedback, if incorporated by us, will not infringe on the intellectual property rights of any third parties.

By submitting Feedback to TKMG Academy or a third-party company we use to receive the feedback of our customers, you agree that we may, at any time, without restriction, use or incorporate your Feedback, or any part thereof, into our business or the Services we provide. This does not include any confidential or personal information that you send to us.

TKMG Academy shall be under no obligation (1) to maintain any of your Feedback in confidence; (2) to pay compensation to you for your Feedback; or (3) to respond to your Feedback. By you submitting Feedback to us, you hereby transfer and assign any claim to any rights that you may have had in your Feedback to us and do so with full acknowledgment of the same.

Changes to the Services

We reserve the right to modify, update, suspend, terminate, or change the Services and any functions or features of the Services at any time, in our sole discretion, including any prices or fees for the Services. We will not be liable to you for any losses, costs, expenses, or damages in connection with your use of, or inability to use, the Services or any features or functions of the Services resulting from any such changes.

Third-Party Websites

The Services may include links or references to third-party websites or services (“Third-Party Sites”) solely as a convenience to you. We do not endorse or take any responsibility for Third-Party Sites or the information, materials, products, or services contained on or accessible through Third-Party Sites. Your access to and use of Third-Party Sites, including the information, materials, products, or services on or available through those Third-Party Sites, is solely at your own risk and may be governed by different terms of use and privacy policies.

International Use

We operate the Services in the United States, which means that if you choose to access our Services from a location outside the United States, you acknowledge and consent to the collection, transmission, use, storage, and processing of your personal information in the United States. You agree you are solely responsible for complying with all local laws, regulations, and rules in the jurisdiction in which you reside or access the Services to the extent such laws are applicable.

Indemnification

You agree, to the maximum extent permissible under your jurisdiction’s laws, to indemnify, defend, and hold harmless TKMG Academy and its parent, successors, affiliated companies, contractors, officers, directors, employees, agents and its third-party suppliers, licensors, and partners (“TKMG Academy Parties”) from and against all losses, damages, liabilities, demands, judgments, settlements, costs and expenses of any kind (including legal fees and expenses), from any claim or demand relating to or arising out of (i) your access to, use or misuse of the Services; (ii) your breach or alleged breach of these Terms, or any violation of the Terms, including any breach of the representations, warranties, and covenants made herein; or (iii) your failure to comply with applicable laws, including without limitation the infringement of any intellectual property, privacy, or other right of any person or entity by you or any third-party using your Login Credentials.

TKMG Academy reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding when we become aware of it.

Disclaimer

The Services are provided with the understanding that TKMG Academy does not render professional advice or services to you, nothing on the Services is intended to serve as or will be deemed to be investment, legal, tax, accounting, professional, management, or other regulated advice, and that you will remain solely responsible for your use of the Services and acknowledge that any reliance upon the Services will be entirely at your sole option and risk. Nothing in these terms creates any warranties, express or implied, as to the employment potential or promotability of any user, including you.

All content and functionality on the Services are provided “AS IS,” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. TKMG Academy makes no warranties, express or implied, as to the ownership, accuracy, or adequacy of the Services, that the Services will meet your requirements or expectations or be to your liking, or that information offered on or through the Services will be correct, timely, reliable, uninterrupted, or free of errors, viruses, or other harmful components. TKMG Academy will have no liability or responsibility for any information published on third-party sites or provided by third parties. TKMG Academy will not be liable for any indirect, incidental, consequential, or punitive damages or losses or for lost revenues or profits, whether or not advised of the possibility of such damages or losses and regardless of the theory of liability. The above exclusions apply to the fullest extent permitted by applicable laws.

No advice or information, whether oral or written, obtained by you from us through our Services will create any warranty, representation, or guarantee not expressly stated in this agreement.

Some parts of the Services allow you to interact with other users. TKMG Academy does not control and is not responsible for other users’ conduct, content, or other contributions to the Services, and we will not be responsible for any interactions between users on the Services under any circumstances whatsoever. We have no obligation to monitor the Services or other users. However, we reserve the right to review and remove any content, material, or information any user posts, publishes, shares, transmits, or otherwise makes available on the Services in our sole discretion, whether or not it violates these Terms.

Limitation of Liability

In no event will TKMG Academy’s or the TKMG Academy Parties’ total liability to you for all damages (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues or profits, loss of data, damaged equipment or materials, or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever), losses, and causes of action arising out of or relating to these Terms, your use of the Services or your interaction with other users of the Services (whether in contract, tort, warranty, or otherwise), exceed the amount, if any, you paid to TKMG Academy for accessing the Services during the twelve months immediately preceding the date of the claim or one hundred dollars ($100), whichever is greater. You acknowledge and agree that the disclaimers and the limitations of liability set forth in these Terms reflect a reasonable and fair allocation of risk between you and the TKMG Academy Parties, and that these limitations are an essential basis to TKMG Academy’s ability to make the Services available to you.

Arbitration and Dispute Resolution

We hope that, if a dispute arises between you and us, we will be able to resolve the dispute informally. However, if that is not possible, except as provided below, you agree that any cause of action, claim, or dispute between you and TKMG Academy arising out of or related to these Terms or the Services (collectively, “Claim(s)”) will be resolved by binding, individual arbitration.

You may bring a Claim only on your own behalf and cannot seek relief through class action or class arbitration. The American Arbitration Association will administer all arbitrations under its Commercial Arbitration rules. The arbitration will take place in Dallas County, Texas, and each party will bear half of the arbitration fees and costs.

Notwithstanding the foregoing, the following Claims may be brought in court instead of arbitration: disputes related to intellectual property; violations of any of the Prohibited Uses described below; and any equitable relief (such as an injunction) necessary to protect either party’s rights or property pending completion of arbitration. If for any reason a Claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.

You must file a Claim within one (1) year after the Claim arose or it will be forever waived and barred.

Miscellaneous

In the event any content, information, or material on the Services is in conflict with these Terms, these Terms will control.

Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any part of the Terms will be effective only with our written, signed consent.

These Terms are governed by and construed in accordance with the laws of the State of Texas without reference to the principles of conflicts of laws thereof. The venue for any legal proceedings will be in Dallas County, Texas.

If any provision of the Terms is held to be unlawful, void, or for any reason is unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

Unless otherwise agreed by the Parties in writing, TKMG Academy may use and display enterprise customers’ name, logo, trademarks, and service marks on TKMG Academy’s Website and in TKMG Academy’s marketing materials solely in connection with identifying Customer as a customer of TKMG Academy. Upon Customer’s written request, TKMG Academy will promptly remove any such marks from its Website and marketing materials.

You may not transfer or assign any of these Terms, including any of the rights or licenses we grant to you. We may assign these Terms without consent or any restriction. Any assignment attempted to be made in violation of the Terms will be null and void.

Upon termination of the Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including without limitation, Intellectual Property, Disclaimer, Limitation of Liability, Indemnification, Arbitration and Dispute Resolution, and Miscellaneous.

These Terms use heading references, which are not a part of the Terms and should not be deemed to limit or affect any of the provisions in these Terms.

These Terms, the Privacy Policy, and the Cookie Policy constitute the entire agreement between you and TKMG Academy relating to the subject matter herein and will not be modified except by a change to the Terms or Privacy Policy made by us according to these Terms.