KEJ PRODUCTIONS

TERMS OF USE



KEJ PRODUCTIONS, (“Company”) hereby agrees to grant to you, a person of at least 18  years of age and of legal capacity to enter into this Terms of Use (“User”), a limited revocable, non-exclusive, non-assignable license to access Company’s website (kejproductions.com)(the “Website”), its associated links, and the opportunity to view or participate in certain educational courses and associated videos, downloads, booklets and other materials or information (which may be in electronic, printed, or other form, and which may be for a fee or not), or other goods or services provided by Company, on the terms and conditions provided herein. User acknowledges that User’s consent to these Terms of Use is a material prerequisite to Company’s allowing User to use the Website and Platform (defined herein), and this Terms of Use constitutes an enforceable contract.  

  1. Platform. “Platform” means any online, web-based platform, utilized by Company for the transmission and dissemination of some or all of the course materials provided by Company. At the time of preparing these Terms of Use, Company utilizes Thinkific.com as the Platform. Any and all terms and provisions herein applying to or relating to Thinkific.com shall likewise apply to any similar, substitute, replacement, or additional Platform which Company may utilize for providing educational, community, social, messaging, or other media to User. User agrees he/she is subject to any and all terms of use/service, privacy policies, and other rules of Thinkific.com in addition to these Terms of Use.
  2. Personal Information. In order to create an account on Company’s Website or a Platform, User may be required to provide certain personal information to Company and/or Thinkific.com, which may include real name, title, age, date of birth, a username, company name if applicable, address, phone number, email address, special needs for accommodations. User may be required to provide a credit/debit card number in order to pay for and utilize the Website or Platform services, and in doing so User authorizes Company or Thinkific.com to charge such credit/debit card for any and all services and features purchased by User. All payments and fees are non-refundable. User’s credit/debit card number will be kept secure and not shared with other users.  User is fully and solely responsible for any other personally identifying information that User shares with other users of the Platform, if applicable. The use of User’s personal information shall be further governed by Company’s Privacy Policy, incorporated into this Terms of Use by reference.
  3. Use and Compliance with Rules and Laws. User represents and warrants that User (a) shall comply with all federal, state, and local laws, rules, regulations, and ordinances User’s use of the Website or the Platform and engagement in transactions originating or otherwise occurring in the Website or the Platform, including without limitation all tax obligations associated with User’s transactions originating or otherwise occurring in the Website or the Platform; (b) SHALL NOT USE THE WEBSITE OR THE PLATFORM IN FURTHERANCE OF, COMMISSION OF, OR OTHERWISE IN CONNECTION WITH, FRAUDULENT OR ILLEGAL PURPOSES, INCLUDING WITHOUT LIMITATION, USER SHALL NOT USE THE WEBSITE OR PLATFORM IN CONNECTION WITH ONLINE OR IN-PERSON HARASSMENT, THREATS, BULLYING, HATE SPEECH, PORNOGRAPHY OR ANY TYPE OF SEXUAL CONTENT, ABUSE OR PHYSICAL VIOLENCE TOWARD PEOPLE, ANIMALS, OR PROPERTY, OR INDUCING ANY OF THE FOREGOING; OR IN THE COMMISSION, AIDING, OR INDUCING OF ANY OTHER CRIME, INCLUDING WITHOUT LIMITATION THE SALE OR PURCHASE OF  ILLEGAL, RECALLED, STOLEN, COUNTERFEIT OR OTHERWISE INFRINGING GOODS OR SERVICES; (c) shall not circumvent, disable, reverse engineer, or otherwise “hack,” nor attempt any of the foregoing with respect to any software or other aspect of the Website or Platform, nor interfere with other users’ use of the Website or Platform; (d) shall not use or provide software (except general purpose web browsers and email clients) or services that interact or interoperate with the Website or Platform, e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use; (e) shall not copy/collect Website or Platform content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand); (f) shall not engage in misleading, unsolicited, and/or unlawful postings/communications/accounts, nor buy or sell accounts, nor “spam” Company, the Website, the Platform, or other users of the Website or Platform with advertisements for other services or repetitious postings or comments, whether within the Website or Platform, or by email, text, phone, courier, mail, or otherwise; (g) shall not collect, delete, or otherwise use or manipulate Website or Platform user information; (h) shall not abuse the Website or Platform’s flagging or reporting processes; (i) shall not post any content (text, photos, or otherwise) that infringes on the intellectual property rights of others, nor copy, “hack,” or otherwise “take” any content or intellectual property owned by Thinkific.com, Company, other users, or video content providers and use them for User’s own purposes; (j) shall comply with all orders, rules, and regulations established by Thinkific.com or Company, whether or not all rules are set forth in this Terms of Use, and which may include, without limitation, rules regarding administrative moderation of user comments and posts, posting of third party links, user decorum, foul language or other offensive or objectionable content, deletion of non-compliant posts and comments, and other rules as determined in Thinkific.com or  Company’s sole and absolute discretion, and which rules may be amended by Thinkific.com or Company from time to time or at any time. Thinkific.com or Company may control and moderate User’s access/use in its sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating User’s access/license/account. User shall not bypass said moderation. Neither Thinkific.com nor Company is liable for moderating or not moderating, and nothing Company says or does waives or alters Company’s right to moderate content or not.  
  4. User Responsibility. User is responsible for User’s legal, ethical, and professional use of any and all information and materials received from Thinkific.com and/or Company and/or the course. User shall not use any information obtained from Thinkific.com and/or Company and/or the course for any illegal, illicit purpose or for infringement, misappropriation, or other violation of any party or third party’s intellectual property rights, including without limitation copyright, trademark, patent, trade secret, rights of publicity, and any and all other forms of intellectual property protection, whether registered or not, and whether reduced to practice or not.
  5. No Warranty. User acknowledges that use of the Website and Platform is provided AS-IS AND AS AVAILABLE, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SAFETY, ACCURACY, COMPLETENESS; AND NOTWITHSTANDING ANY OTHER TERMS OR REQUIREMENTS OF THIS TERMS OF USE, THERE IS NO WARRANTY, OF ANY KIND, EXPRESS OR IMPLIED, OF FREEDOM FROM ANY OF THE FOLLOWING: DEFAMATORY OR OFFENSIVE LANGUAGE OF OTHERS; HARASSMENT, ABUSE, OR INFRINGING, ANNOYING, OR CRIMINAL CONDUCT OF OTHERS; THIRD PARTY VIRUSES, MALWARE, OR OTHER “HACKING”; ALL WHETHER OR NOT COMPANY HAS BEEN NOTIFIED OF SUCH ACTIONS OR CONDUCT OR THE POSSIBILITY OF SUCH ACTIONS OR CONDUCT. Company has the sole and absolute right to determine the scope and functionalities of the Website. Thinkific.com has the sole and absolute right to determine the scope and functionalities of the Platform, and Company has the absolute right and discretion to determine the extent of Company’s use and provision of the Platform, to delete without warning any content in Thinkific.com or Company’s sole and absolute discretion, and Company may close or terminate its Website or its use and provision of the Platform at any time. Either party may cancel User’s account and use of the Website or Platform at any time, for any reason.
  6. Limitation of Liability. USER ACKNOWLEDGES AND AGREES THAT USE OF THE WEBSITE, PLATFORM, OR ANY THIRD PARTY LINKS OR RESOURCES PROVIDED ON THE WEBSITE OR PLATFORM, IS AT USER’S OWN RISK, AND THAT COMPANY DOES NOT ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS SUBMITTED TO OR PROVIDED ON OR VIA THE WEBSITE OR PLATFORM, AND COMPANY HAS NO CONTROL OVER AND IS NOT RESPONSIBLE FOR THE ACTIONS OR BEHAVIOR OF THINKIFIC.COM OR OTHER USERS OF THE WEBSITE OR PLATFORM, OR MEMBERS OF THE PUBLIC. User acknowledges that in using the Website, Platform, or third party links and resources provided via the Website or Platform,User may be exposed to content from a variety of sources, and such content may be inaccurate, offensive, or objectionable to User, and Company is not responsible for the accuracy, usefulness, safety, sensibility, decency, or intellectual property rights of or relating to such content. User agrees that Company, its employees, agents, advisors, officers, directors, members, and shareholders,  are not and shall not be liable for any losses, damages, or liabilities arising out of or relating to User’s use of the Website or the Platform, or engagement in transactions originating from or within the Website or Platform, including without limitation any losses or damages from loss, theft, or damage to property or persons, including without limitation any personal injuries sustained by User or User’s employees, contractors, guests, family members, or invitees. User assumes full responsibility for any such injuries, losses, or damages, except in the event of fraud or willful misconduct by Company. Under no circumstances shall Company’s liability exceed the cost that User paid for the good(s) or service(s).
  7. Indemnification. USER WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS THINKIFIC.COM AND COMPANY, AND EACH OF THEIR EMPLOYEES, INDEPENDENT CONTRACTORS, OFFICERS, DIRECTORS, AGENTS, MEMBERS, AND SHAREHOLDERS (COLLECTIVELY, “INDEMNIFIED PARTIES”), FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, ACTIONS, COSTS, EXPENSES, AND LIABILITIES OF ANY KIND OR NATURE WHATSOEVER, WHETHER CAUSED BY OR INCURRED BY USER, OR OTHERWISE, ARISING FROM OR RELATING TO USER’S USE OF THE WEBSITE ORW PLATFORM, USE OR APPLICATION OF INFORMATION OBTAINED FROM THE WEBSITE, PLATFORM, OR ANY THIRD PARTY INFORMATION, RESOURCE, OR EDUCATIONAL COURSE, ENGAGEMENT IN TRANSACTIONS HAVING AN ORIGIN IN OR RELATION TO THE WEBSITE, PLATFORM, OR THIRD PARTY LINK OR COURSE, OR FROM ANY FAILURE OF USER TO COMPLY WITH ANY OF THE TERMS OR OBLIGATIONS HEREIN, INCLUDING WITHOUT LIMITATION RECOVERY OF THINKIFIC.COM AND COMPANY’S COSTS AND ATTORNEY’S FEES  AS PROVIDED IN SECTION 20 (ATTORNEY’S FEES AND COSTS), ALL EXCEPT IN THE EVENT OF FRAUD OR WILLFUL MISCONDUCT ON THE PART OF THINKIFIC.COM OR COMPANY. USER WAIVES ANY CLAIMS AGAINST COMPANY FOR INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. USER SHALL FURTHER INDEMNIFY, DEFEND, AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST ANY AND ALL LOSSES, LAWSUITS, CLAIMS, AND DAMAGES INCURRED BY THE INDEMNIFIED PARTIES AS A RESULT OF USER’S VIOLATION OF ANY OF THESE TERMS OF USE AND/OR VIOLATION OF ANY PARTY OR THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, INCLUDING WITHOUT LIMITATION THE PREVAILING PARTY’S RIGHT TO RECOVER ITS ATTORNEY’S FEES IN ACCORDANCE WITH SECTION 20 HEREOF.
  8. No Insurance. Neither Thinkific.com nor Company provides any insurance coverage for the Website, the Platform, third party links or resources, or for goods or services sold, purchased, or gifted via the Website, ,Platform, or third party links. User shall be solely responsible for any and all costs and expenses not covered by insurance.
  9. Intellectual Property. Nothing in this Terms of Use grants, transfers, or conveys to User any license or other right, title, or interest of any kind in Company’s, Thinkific.com’s, or any third party’s intellectual property (including without limitation, trademarks, copyrights, patents, trade secrets, and all other forms of intellectual property whatsoever), except as narrowly required for User’s use of the Website or Platform on the terms herein, and only at such times as User actively uses the Website or Platform in accordance with these terms. User shall not display, "frame," make derivative works, distribute, license, or sell, content from the Platform, excluding postings User creates, if applicable. User grants to Thinkific.com and Company a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from content that User posts or submits to Company or Thinkific.com, whether for profit or not.
  10. Privacy Policy. User hereby acknowledges having read and accepted Thinkific.com’s terms of service, privacy policy, and Company’s Privacy Policy, which are fully incorporated as part of this Terms of Use by reference.
  11. Authorization. User represents and warrants that User is fully authorized to comply with this Terms of Use.
  12. Assignment. User acknowledges and agrees that its rights and obligations associated with User’s use of the Website and Platform are personal to User (even if User is a company or other entity) and not assignable or transferable by User. This Terms of Use and all terms and provisions contained herein are assignable by Company.
  13. Notices. All notices required or permitted to be given in connection with this Terms of Use shall be in writing and shall be deemed to have been given on the date of delivery if delivered (a) by email to User at any email address provided by User in establishing its account or course registration, or used for communication with Company; or (b) in person; or (c) by certified mail or other trackable delivery by a recognized courier, and addressed as follows: (i) if to User, to the address provided by User in its Platform account, (ii) if to Company, to 13750 W. Colonial Drive, STE 350 #303, Winter Garden, FL 34787.
  14. Governing Law; Jurisdiction; Venue. The Terms of Use shall be governed by, and construed in accordance with, the laws of the State of Florida. Any action or proceeding arising out of, or based on any right arising out of, the Terms of Use shall be exclusively brought in the appropriate state or federal court located in Orange County, Florida. The parties waive any argument(s) that such courts constitute an inconvenient or prejudicial forum.
  15. WAIVER OF JURY TRIAL. THE PARTIES HEREBY KNOWINGLY AND WILLFULLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN THE RESOLUTION OF ANY DISPUTE, LAWSUIT, OR OTHER LEGAL PROCEEDING ARISING OUT OF THE TERMS OF USE OR BASED ON ANY RIGHT ARISING OUT OF THE AGREEMENT. EACH PARTY HAS HAD THE OPPORTUNITY, OR WAIVED THE OPPORTUNITY, TO SEEK LEGAL COUNSEL REGARDING THIS WAIVER AND ALL OTHER PROVISIONS OF THE AGREEMENT. USER FURTHER AGREES THAT, TO THE EXTENT ALLOWED BY LAW, NO CLAIMS WILL BE ASSERTED ON A CLASS-WIDE OR COLLECTIVE BASIS.
  16. Amendment. The Agreement may not be modified or amended except in writing by both parties, and any such amendment may be subject to the consent of Thinkific.com, if required.
  17. Construction and Interpretation. The captions in the Agreement are inserted only as a matter of convenience and in no way affect the terms or intent of any provision of the Agreement.  All phrases, pronouns, and other variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular, or plural, as the actual identity of the organization, person, or persons may require. No provision of this Agreement shall be construed against any party hereto by reason of the extent to which such party or its counsel participated in the drafting hereof. If any term or provision of this Agreement shall to any extent be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and shall continue in full force as if the invalid provision never existed. Whenever possible, each part of this Agreement shall be interpreted in such a manner as to be valid  under applicable law, and in accordance with the parties’ intent. The invalidity or unenforceability of a particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. Construction and interpretation shall not favor one party or the other based on which party drafted such term or provision.
  18. Waiver. Any waiver by a party of a breach of any provision of the Terms of Use shall not operate or be construed as a waiver of any subsequent breach thereof.
  19. No Third Party Beneficiaries. This Terms of Use is solely for the benefit of the parties hereto and Thinkific.com (including its ownership or parent company), and to the extent provided herein, their respective officers, directors, managers, members, employees, advisors, agents and representatives, and no provision of this Terms of Use shall be deemed to confer upon other third parties any remedy, claim, liability, reimbursement, cause of action or other right.
  20. Attorney’s Fees and Costs. In the event of any dispute arising under this Terms of Use, whether or not a lawsuit or other proceeding is filed, and at all levels of pre-litigation and litigation, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs, at all levels of pre-trial, trial, appeal, enforcement, and in litigating entitlement to attorneys’ fees and costs, as well as in determining or quantifying the amount of recoverable attorneys’ fees and costs. The reasonable costs to which the prevailing party is entitled shall include costs that are taxable under any applicable statute, rule, or guideline, as well as non-taxable costs, including, but not limited to, costs of investigation, court costs, copying costs, electronic discovery costs, telephone charges, mailing and delivery charges, information technology support charges, consultant and expert witness fees, travel expenses, court reporter fees, and mediator fees, regardless of whether such costs are otherwise taxable.
  21. Non-Exclusivity. User acknowledges that there is no agreement of exclusivity with Company. 
  22. Language Translation. In the event of translation of the Terms of Use into any other language, the English translation shall govern.
  23. Electronic Signatures. Without limitation, this Terms of Use may be consented to and agreed to via internet-based platform or any other electronic or digital media.

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