Membership Terms Of Use
LAST MODIFIED March 12, 2025
This agreement establishes the terms and conditions of membership in Work Certified and other training programs (herein referred to as ‘Membership’) provided and powered by the K-Method Training Group, Inc. (herein referred to as Licensor), and provided to a Customer (herein referred to as ‘Member’ or ‘Licensee’). By using K-Method’s services, products, software, training courses, training audios, training videos, written materials, teleconferences, webinars and professional coaching, business consulting, or websites, Member agrees to the following terms and conditions, and any policies, guidelines or modifications that may be made from time to time. We may update this Agreement as deemed necessary. Regarding the mutual promises contained herein and other good and valuable considerations, Member hereby agrees to the following terms and conditions.
- Use of Services
K-Method Training Group, Inc., its subsidiaries, and affiliates offer services to Members with access and use of content. To access certain services, the Member may be required to provide current, accurate identification, contact information, and other information as part of the registration process and/or the continued use of K-Method’s services. Member is responsible for maintaining the confidentiality of Member account password and all activities under Member account. Member agrees to immediately notify K-Method of any unauthorized use of Member password or account or any other security breach. The K-Method Training Group cannot and will not be liable for any loss or damage arising from Member’s failure to provide us with accurate information or to keep Member’s password secure. - Content of Licensed Materials
Grant of License: the materials that are the subject of this Agreement shall consist of electronic information published or otherwise made available by the Licensor. Licensee and/or its Authorized Users acknowledge that the copyright and title to the Licensed Materials and any trademarks and entire contents remain with Licensor and/or its suppliers. Neither the Licensee nor its Authorized Users shall have right, title, or interest in the Licensed Materials except as expressly outlined in this Agreement. Licensor hereby grants to Licensee non-exclusive use of the Licensed Materials and the right to provide the Licensed Materials to Authorized Users under this Agreement. - Authorized Use of Licensed Materials
“Authorized Users” are Persons Affiliated with Licensee. Full and part-time students and employees (including faculty, staff, personnel, affiliated researchers, and independent contractors) of the Licensee and the organization of which it is a part, regardless of the physical location of such persons. Licensee and Authorized Users may use the Licensed Materials as is consistent with the Fair Use Provisions of United States and international law. Nothing in this Agreement is intended to limit in any way whatsoever the Licensee’s or any Authorized User’s rights under the Fair Use provisions of United States or international law to use the Licensed Materials. The Licensed Materials may be used for education or other non-commercial purposes as follows: Display. Licensee and Authorized Users shall have the right to display the Licensed Materials electronically. Digitally Copy. Licensee and Authorized Users may download and digitally copy a reasonable portion of the Licensed Materials. Print Copy. Licensee and Authorized Users may print a reasonable portion of the Licensed Materials. - Specific Restrictions on Use of Licensed Materials
Unauthorized Use. Licensee shall not knowingly permit anyone other than Authorized Users to use the Licensed Materials. Modification of Licensed Materials. Licensee shall not modify or create a derivative work of the Licensed Materials without the Licensor’s prior written permission. Removal of Copyright Notice. Licensee may not remove, obscure, or modify any copyright or other notices in the Licensed Materials. Commercial Purposes. Other than as explicitly permitted in this Agreement, the Licensee may not use the Licensed Materials for commercial purposes, including but not limited to the sale of the Licensed Materials or bulk reproduction or distribution of the Licensed Materials in any form. - Delivery/Access to Licensed Material
Licensor shall provide the Licensed Materials to the Licensee in the following manner: Internet Access. The Licensed Materials will be accessible via the Internet. File Transfer. Copies of the Licensed Materials will be provided to the Licensee through electronic transfer (using File Transfer Protocol or otherwise). - Licensor Performance Obligations Availability of Licensed Materials
The licensor shall make the Licensed Materials available to the Licensee and Authorized Users. Documentation. The licensor shall provide and maintain help files and other appropriate user documentation. Support. The licensor shall offer activation or installation support, including assistance in implementing any licensor software. The licensor will provide reasonable continuing support to assist the Licensee and Authorized Users in using the Licensed Materials. Licensor will make its personnel available by email, phone, or fax for feedback, problem-solving, or general questions. Training. The licensor shall provide appropriate training to Licensee staff regarding using the Licensed Materials and any Licensor software. Any additional training must be documented and itemized as part of a consulting arrangement. Quality of Service. The licensor shall use reasonable efforts to ensure that the Licensor’s server or servers have sufficient capacity and rate of connectivity to provide the Licensee and its Authorized Users with a quality of service comparable to current standards in the online information provision industry in the Licensee’s locale. Notification of Modifications of Licensed Materials. The licensee understands that from time to time, the Licensed Materials may be added to, modified, or deleted by the Licensor and/or that portions of the Licensed Materials may migrate to other formats. Continued Training. The licensor will provide regular system and project updates to the Licensee as they become available. - Licensee Performance Obligations Provision of Notice of License Terms to Authorized Users
Licensee shall make reasonable efforts to provide Authorized Users with appropriate notice of the terms and conditions under which access to the Licensed Materials is granted under this Agreement, including, in particular, any limitations on access or use of the Licensed Materials as outlined in this Agreement. Protection from Unauthorized Use. Licensee shall use reasonable efforts to protect the Licensed Materials from any use not permitted under this Agreement. In the event of any unauthorized use of the Licensed Materials by an Authorized User, (a) Licensor may terminate such Authorized User’s access to the Licensed Materials, (b) Licensor may terminate the access of the Internet Protocol (“IP”) address(es) from which such unauthorized use occurred, and/or (c) Licensee shall terminate such Authorized User’s access to the Licensed Materials upon Licensor’s request. The Licensor shall take none of the steps described in this paragraph without first providing reasonable notice to the Licensee and cooperating with the Licensee to avoid the recurrence of any unauthorized use. Maintaining Confidentiality of Access Passwords. Where access to the Licensed Materials is to be controlled by use of passwords, the Licensee shall issue log-on usernames and passwords to each Authorized User and use reasonable efforts to ensure that Authorized Users do not divulge their usernames and passwords to any third party. The licensee shall also maintain the confidentiality of any institutional passwords provided by the Licensor. - Mutual Performance Obligations Confidentiality of User Data
The licensor and Licensee agree to maintain the confidentiality of any data relating to the usage of the Licensed Materials by the Licensee and its Authorized Users. Such data may be used solely for purposes directly related to the Licensed Materials and may only be provided to third parties in aggregate form. Raw usage data, including but not limited to information relating to the identity of specific users and/or uses, shall not be provided to any third party. Implementation of Developing Security Protocols. Licensee and Licensor shall cooperate in implementing security and control protocols and procedures as they are developed during the term of this Agreement. - Charges
The member will be charged an initial fee based on program selection and a recurring monthly installment thereafter until the Member cancels the membership. Any applicable initiation charges and monthly recurring charges are billed in advance. - Term
This Agreement is a perpetual license agreement. The term of this Agreement for each Member begins on the date service is activated for the Member Account. This Agreement will continue from month to month or otherwise agreed upon by both parties and until terminated by either party. Member agrees there is no full, partial, or pro-rated refund of monthly fee incurred and that it is the Member’s responsibility to cancel their Membership before the next re-billing to avoid future charges. Member also agrees that upon cancellation, all access to the Membership will cease on the last day of the billing cycle, and K-Method, Work Certified, or its affiliates will not be responsible for any lost data. - Renewal
This agreement shall automatically renew unless either party gives written notice of its intention not to renew 30 days prior. - Termination
A member may discontinue Member use of K-Method services at any time. Member agrees that K-Method may, at any time and for any reason, including a period of account inactivity, terminate Member access to K-Method services, terminate the Agreement, or suspend or terminate Member account. In the event of termination, the Member account will be disabled, and the Member may not be granted access to K-Method services. Upon Termination of this Agreement for cause, online access to the Licensed Materials by Licensee and Authorized Users shall be terminated. Authorized copies of Licensed Materials may be retained by Licensee or Authorized Users and used subject to the terms of this Agreement. - Perpetual License
Except for termination for cause, the Licensor hereby grants to the Licensee a nonexclusive, perpetual license to use any Licensed Materials that were accessible during the term of this Agreement. Such use shall be per the provisions of this Agreement, which provisions shall survive any termination of this Agreement. The means by which the Licensee shall have access to such Licensed Materials shall be in a manner and form substantially equivalent to how access is provided under this Agreement. - Warranties Subject to the Limitations set forth elsewhere in this Agreement
Licensor warrants that it has the right to license the rights granted under this Agreement to use Licensed Materials, that it has obtained any and all necessary permissions from third parties to license the Licensed Materials, and that use of the Licensed Materials by Authorized Users under the terms of this Agreement shall not infringe the copyright of any third party. The Licensor shall indemnify and hold Licensee and Authorized Users harmless for any losses, claims, damages, awards, penalties, or injuries incurred, including reasonable attorney’s fees, which arise from any claim by any third party of an alleged infringement of copyright or any other property right arising out of the use of the Licensed Materials by the Licensee or any Authorized User in accordance with the terms of this Agreement. This indemnity shall survive the termination of this agreement. NO LIMITATION OF LIABILITY SET FORTH ELSEWHERE IN THIS AGREEMENT IS APPLICABLE TO THIS INDEMNIFICATION. - Limitations on Warranties
Notwithstanding anything else in this Agreement, Neither party shall be liable for any indirect, special, incidental, punitive, or consequential damages, including but not limited to loss of data, business interruption, or loss of profits, arising out of the use of or the inability to use the Licensed Materials. Licensor makes no representation or warranty and expressly disclaims any liability with respect to the content of any Licensed Materials, including but not limited to errors or omissions contained therein, libel, infringement of rights of publicity, privacy, trademark rights, moral rights, or the disclosure of confidential information. Except for the express warranties stated herein, the Licensed Materials are provided on an “as is” basis, and the Licensor disclaims any and all other warranties, conditions, or representations (express, implied, oral, or written), relating to the Licensed Materials or any part thereof, including, without limitation, any and all implied warranties of quality, performance, merchantability or fitness for a particular purpose. Licensor makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb or other such computer program. Licensor further expressly disclaims any warranty or representation to Authorized Users or to any third party. - PRIVACY POLICY
The K-Method Training Group, Inc. respects Member’s privacy. K-Method Training Group, Inc. collects, stores, uses, and protects Member’s personal information (including but not limited to name, telephone number, email address, etc.) for the use of providing services, products, functionalities, and other features offered on our website(s). K-Method Training Group, Inc. will not sell, barter, lease, rent, donate or share Member’s Private Information. We may, from time to time, amend this policy, which shall be effective at the time it is posted. Please refer to the detailed privacy policy on our website. - PROPRIETARY RIGHTS
Member acknowledges and agrees that K-Method Training Group, Inc. services and any necessary software used in connection with K-Method Training Group, Inc. services contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. Member further acknowledges and agrees that copyrights, trademarks, service marks, patents, or other proprietary rights and laws protect Content presented to Member through K-Method Training Group, Inc. services. Except as expressly authorized by the K-Method Training Group, Inc. or other proper third-party rights holders. Member agrees not to modify, rent, lease, loan, sell, distribute, or create derivative works based on Content, K-Method Training Group, Inc. services, or Software, in whole or in part except as specifically authorized in a separate written agreement. Subject to the Terms, K-Method Training Group, Inc. grants Member a personal, non-transferable, and non-exclusive right and license to use the material provided by K-Method, Work Certified, or any other program related to the K-Method Training Group, Inc., provided that Member do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right, unless such activity is expressly permitted or required by law or has been explicitly authorized in the K-Method Training Group, Inc. in writing. Member agrees not to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to K-Method Training Group, Inc. services. Member agrees not to access K-Method Training Group, Inc. services by any means other than through the interface provided by the K-Method Training Group, Inc. for use in accessing K-Method Training Group, Inc. services except as specifically authorized in a separate written agreement. Except as expressly authorized by the K-Method Training Group, Inc., Member agrees not to use, copy, imitate, or incorporate any trademark, service mark, company name, or product name in a way that will likely confuse consumers. Member also agrees not to remove, obscure, or alter K-Method Training Group’s copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the K-Method Training Group, Inc. services. - MODIFICATIONS TO SERVICE
The K-Method Training Group, Inc. reserves the right to modify or discontinue, temporarily or permanently, K-Method Training Group, Inc. services or any part thereof with or without notice. Member agrees that K-Method Training Group, Inc. shall not be liable to Member or any third party for any modification, suspension, or discontinuance of K-Method Training Group, Inc. services. - NO THIRD PARTY BENEFICIARIES
Member agrees that, except as otherwise expressly provided in the Agreement, there shall be no third-party beneficiaries to the Agreement. - NOTICE
Member agrees that K-Method may provide Member with notices, including those regarding changes to the Agreement, by email, regular mail, or postings on K-Method Training Group, Inc. services. - Assignment and Transfer
Neither party may assign, directly or indirectly, all or part of its rights or obligations under this Agreement without the other party’s prior written consent, which consent shall not be unreasonably withheld or delayed. - Governing Law
This Agreement shall be interpreted and construed according to and governed by the laws of Florida, excluding any laws that might direct the application of the laws of another jurisdiction. The federal or state courts in St. Lucie County shall have jurisdiction to hear any dispute under this Agreement. - Dispute Resolution
In the event of any dispute or controversy arising out of or relating to this Agreement, the parties agree to exercise their best efforts to resolve the dispute as soon as possible. The parties shall, without delay, continue to perform their respective obligations under this Agreement, which are not affected by the dispute. - Force Majeure
Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including, but not limited to, Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected. - Entire Agreement
This Agreement constitutes the parties’ entire agreement and supersedes all prior communications, understandings, and agreements relating to the subject matter hereof, whether oral or written. - Amendment
No modification or claimed waiver of any provision of this Agreement shall be valid except by written amendment signed by authorized representatives of Licensor and Licensee. - Severability
If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable, or in conflict with the law of any jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Member agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of K-Method Training Group, Inc. services or the Agreement must be filed within 90 days after such claim or cause of action arose or be forever barred. The section headings in the Agreement are for convenience only and have no legal or contractual effect.