Effective date: June 3, 2021
Please read these Terms carefully. 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
Arbitration and Dispute Resolution
Please read the arbitration notice below carefully, as it governs the disputes between you and TKMG Academy. By agreeing to these Terms, and subject to certain exceptions, you waive your right to participate in a class action lawsuit or class-wide arbitration and your right to a jury trial.
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 though 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 an 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.
Through the Services, we make available certain courses, videos, materials, exercises, and related supplementary materials owned by us or our third-party licensors (the “Licensed Content”). 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, unless you first obtain our written consent.
You may obtain a license to access, view, and/or use Licensed Content by purchasing a license for a specific course (“Specific Course License”), using a prepaid license (“Prepaid License”), or via a subscription plan, subject to the terms and conditions described below.
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.
Specific Courses & Individual Prepaid Licenses
A Specific Course License or an individual Prepaid License grants one learner an individual, revocable, non-exclusive, non-transferable right to access and view one course (the “Licensed Course”) for as long as we make the Licensed Course available on the Services, and to use the materials related to the Licensed Course, solely for the learner’s personal, non-commercial purposes and subject to these Terms. In order to purchase a Specific Course License or a Prepaid License, you (whether you are the learner himself or herself, or an individual or organization purchasing a Prepaid License for a learner) must pay TKMG Academy a one-time license fee at the rate stated on the Licensed Course’s page.
For sake of clarity, a Specific Course License or Prepaid License allows one person to view a Licensed Course; it does not permit more than one person to view the Licensed Course. Also, unless we expressly state that the Licensed Course is subject to different terms, you may not download, copy, distribute, sell, lease, publicly show, share, modify, or otherwise provide access to the Licensed Course to any other person or entity.
Group Prepaid Licenses
If you want to provide access to one or more Licensed Courses to a group or multiple individuals, you must purchase a Prepaid License for each individual in your group and for each course that person will take. We may, in our sole discretion, offer a volume discount in connection with the purchase of multiple Prepaid Licenses, or we may make those licenses available on different terms. Please refer to a Licensed Course’s purchase page for the availability of multiple licenses and group discounts. If you have questions about group licenses, or any other questions relating to alternate license terms, please contact us at firstname.lastname@example.org.
If you purchase a Prepaid License on behalf of 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.
When you purchase an individual subscription, TKMG Academy grants you an individual, revocable, non-exclusive right to access, view, and use all of the Licensed Content in the TKMG Course Library for your personal, non-commercial purposes during the term of your subscription (“Subscription License”).
The Course Library consists of the selection of Licensed Courses that we make available on the Services. Generally, Subscription Licenses are non-transferable, except that we may allow organizations to re-assign individual Subscriptions Licenses among their employees and contractors, subject to a license transfer fee (described below). You may not share your Subscription License with any other person, and you may not use your Subscription License to show the Licensed Content to any other person.
Subscription payment plans are available on a month-to-month or annual basis. 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 offer team subscriptions (“Team Subscription”) for groups, organizations, or multiple individuals. We may, in our sole discretion, offer a volume discount in connection with the purchase of a Team Subscription. Please refer to our subscriptions page for more information about Team Subscription pricing. If you have questions about Team Subscriptions, please contact us at email@example.com.
When you purchase a Team Subscription, we provide you with individual Subscription Licenses that you may assign to the individuals within your group or organization. Once assigned, Subscription Licenses under a Team Subscription may not be re-assigned or transferred without our permission. You may request to re-assign an individual subscription license under a Team Subscription, subject to a $100 license transfer fee. Please contact us at firstname.lastname@example.org if you need to re-assign an individual subscription license under a Team Subscription.
If you 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 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 any and 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.
When you purchase courses, you must create an account and password (“Login Credentials”). You cannot share, transfer, or assign your Login Credentials, 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 as a result of 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 email@example.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.
Course Completion 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 course completion 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 choose to 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.
Payment, Refunds, and Cancellations
When you make a purchase on the 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), you agree to pay us the corresponding fees within ten (10) days of notification from us. We reserve the right to terminate your access to any products or services for which we have not received adequate payment.
Automatic Renewal of Subscriptions
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 your payment method. You hereby authorize and direct us to charge your payment method to automatically renew your subscription. For sake of clarity, if you need to cancel your subscription, you must contact us before the beginning of your next billing cycle. 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 both Single-Course Licenses and Subscription Licenses, whether individual or group/team purchases. If you have extenuating circumstances, please email us at firstname.lastname@example.org. We will make reasonable efforts to resolve any issues you have.
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 for your next billing cycle. You must cancel your subscription before it renews if you disagree with any price or fee changes.
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. We ask that you 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.
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, you agree that we can use your Feedback solely for our internal business purposes (for example, to evaluate and improve our Services). We will strictly maintain the confidentiality of your direct Feedback and will not publicly attribute or disclose your direct Feedback unless you give us your permission. You represent and warrant that you own or have all necessary rights to and authority over your Feedback to grant TKMG Academy the above rights.
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.
You may not engage in any of the following on or using the Services:
- Reproducing, duplicating, copying, selling, reselling, publishing, uploading, posting, transmitting, distributing, 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;
- Selling or renting any part of the Licensed Content, any derivative works based in whole or in part on the Licensed Content, or any collective work that includes any part of the Licensed Content;
- 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;
- 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;
- Deleting the TKMG Academy logo, or the copyright or other proprietary rights notices on the Services or on any Licensed Content;
- 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
- 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.
Nothing in this Section 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.
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. Unless we enter into a separate, mutually signed, written agreement with you on different terms, we do not represent that the Services are available for use in jurisdictions outside of 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.
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.
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 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 is 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.
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. 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 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.
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.