Terms of Use

These Terms of Use (“Terms”) govern your use of and access to the website (www.tkmgacademy.com) (the “Website”), TKMG Academy Learning Platform (www.learn.tkmgacademy.com), and the products and services (collectively, the “Services”) provided by TKMG ACADEMY, INC. (“TKMG Academy,” “we,” “our,” or “us”). These Terms shall remain in full force and effect as long as you use the Services.

We encourage you to read these Terms carefully. By accessing the Website, accessing or registering for an account on the TKMG Academy Learning Platform, or purchasing or using any of the Services or Licensed Content, (as defined below), 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. Your continued access to and use of the Services after such changes are effective is your acknowledgment and agreement to such modifications.

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 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.

License

TKMG Academy owns and operates the Services. Through the Services, we offer 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 licensed under an Alternate License (defined below), you may not use, distribute, or otherwise exploit the Licensed Content for any commercial purpose, commercial advantage or private monetary compensation, unless you first obtain our written consent. TKMG Academy grants to you a non-exclusive, non-transferable right to access and use the Licensed Content solely for your personal, non-commercial purposes (“the Individual License”). Also, unless we expressly state that 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 third party individual or entity.

Alternate Licenses

If you need to license the Licensed Content under different terms, such as to enable access for multiple individuals, please contact us at info@tkmgacademy.com. In certain cases, we may make the Licensed Content available under alternate license terms (an “Alternate License”), in our sole discretion, and in that case your use of the Licensed Content will be subject to any applicable Alternate License and these Terms.

Prohibited Uses

You may not use the Services for any of the following:

  1. 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, personal non-commercial use;
  2. 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;
  3. Using the Services and Website in violation of any and all applicable laws, rules, and regulations;
  4. 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;
  5. Deleting the copyright or other proprietary rights notices on the Services or on any Licensed Content;
  6. Modifying, adapting, translating, or creating derivative works based upon the Services;
  7. 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
  8. 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.

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. 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.

Payment, Refunds, and Cancellations

You agree to use a valid and authorized payment method when you purchase any products or services from us. If your payment method fails, 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.

Because of the nature of the Services, we enforce a strict no refund policy. If you have extenuating circumstances, please email us at info@tkmgacademy.com or call us at (972) 837-5536. We will make reasonable efforts to resolve any issues you have.

Intellectual Property

Copyright

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.

Trademark

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.

Third-Party Websites

The Services may include links or references to third-party websites or services solely as a convenience to you (“Third-Party Sites”). 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.

Account

Login Credentials

When you access the courses online (the “TKMG Academy Learning Platform”), you must create an account and password (“Login Credentials”). 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, 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 deleting your login account with the Services and discontinuing use of any and all parts of 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’s Acclaim platform (“Credly”). Credly is 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’s Acclaim Platform (admin@youracclaim.com) 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.

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 use. 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.

Indemnification

You agree, to the 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 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 CONTENT AND FUNCTIONALITY ON 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 SHALL BE DEEMED INVESTMENT, LEGAL, TAX, ACCOUNTING, PROFESSIONAL, MANAGEMENT, OR OTHER REGULATED ADVICE, AND THAT YOU SHALL REMAIN SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ACKNOWLEDGE THAT ANY RELIANCE UPON THE SERVICES SHALL 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 UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. TKMG ACADEMY SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON THIRD-PARTY SITES OR PROVIDED BY THIRD PARTIES. TKMG ACADEMY SHALL 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 YO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.

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 THE TERMS OR 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.

Miscellaneous

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 be assign these Terms without consent or any restriction. Any assignment attempted to be made in violation of the Terms shall 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, but not limited to, Sections 3, 5, 6, 7, and 9 through 12. 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. The Terms and the Privacy 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.

Last updated: March 20, 2020