Terms and Conditions
KAM BEHAVIORAL ACADEMY, INC.
SERVICE AGREEMENT
(May 5, 2023)
PLEASE READ THIS AGREEMENT AND POLICY CAREFULLY BEFORE USING ANY OF THE SERVICES DESCRIBED BELOW. BY USING THE SERVICES, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND POLICY AND THAT YOU AGREE TO BE BOUND BY THEIR TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND POLICY, PROMPTLY EXIT THIS PAGE WITHOUT ACCESSING OR USING ANY OF THE SERVICES.
1. 1. The Services. Subject to the terms of this Service Agreement (this “Agreement”), KAM Behavioral Academy, Inc. (the “Company”) grants to You (as used herein, the term “You” and “Your” refer to the individual using the Services) a limited, personal, non-transferable, and non-exclusive right to use the services described in sub-sections (a) through (g) inclusive, below (collectively, the “Services”) on the KAMLearning.com website (the “Website”) during the Term (as hereinafter defined). Your use of the Services shall be strictly in accordance with this Agreement and our General Privacy Policy and Website Terms of Use. You are responsible for providing and maintaining all computer equipment and software and telecommunications services necessary to access the Services. Nothing in this Agreement grants or transfers to You any ownership rights in the Services, including the software and other intellectual property rights related to the Services. The Services, which are expected to be provided over a 120-day period, and provided with the intent to prepare You for a Registered Behavioral Technician (“RBT”) examination, consist of the following:
Services
Self-Paced Program
Course Materials
Testing Voucher Fees
Job Placement Guidance
Background & Fingerprinting Fees
BCBA RBT Assessment
1-on-1 Professor Set Appointments
Real Life Scenarios Videos
-Discussion Topics: Safety in the Home, School, and Community
-Self-Care and Communication
-Prompting
-Ethics & Professionalism
-Narrating
-Alternative Communication/Other Diagnosis
-Discussion Topics: Play and Programs
Target Behavior Conduct Training Videos
-Tantrum
-Aggression
-Elopement
-Non-Compliance
-Self-Injurious Behavior
Software and Onboarding Training Videos
-Central Reach: Sessions
-Central Reach: Signatures
2. Payment. For access to and use of the Services, You agree to pay the Company the full cost of the Services, either lump sum or with a deposit (the “Deposit”) followed by progress payments. You are responsible for any taxes, including personal property taxes or sales taxes, resulting from Your use of the Services. The Deposit shall become non-refundable three (3) days from registration. You will not be able to access the Services until the Deposit is made. Thereafter, a monthly payment will be due on the First (1st) Day of each month for Three (3) consecutive months (each a “Progress Payment”), until Your balance is paid in full. You hereby understand and agree that each Progress Payment shall become non-refundable upon payment, even if You chose not to continue using the Services. If You fail to make timely payments, Company may suspend Your access to the Services and the Website and You will not receive a Completion Certificate unless Your balance is paid in full prior to the end of the Semester. You are aware that the prices for the Services may change at any time and without notice. Any and all promotions or sales by the Company are only for new users of the Services.
3. Your Obligations. You agree to comply with the terms of this Agreement, the Company’s General Privacy Policy, Website Terms of Use, and all applicable laws and regulations, including, but not limited to, those related to pornography, obscenity, copyright, trademark, other intellectual property rights, data privacy, international communications, import and export regulations and tax laws and regulations. You agree to notify the Company promptly if You suspect unauthorized use of Your account. Until You notify the Company, You remain solely responsible for such unauthorized use and any damages that may result therefrom. You further agree to notify the Company immediately in the event You become subject to any lawful order or process that would prohibit or limit Your use of the Services. You are strictly prohibited from sharing Your access information, including but not limited to Your username and password, with any third-party, including, but not limited to, other registered users of the Website or Services. Company may, in its sole and absolute discretion, terminate Your access to the Website and/or Services if it is determined that You have shared Your access information with a third-party.
4. Qualification.
For the Services. In order to qualify to register for the Services and access the Website, You must meet the following qualification requirements (as required by the Behavioral Analyst Certification Board):
a. Have a valid picture identification;
b. Be 18-years of age or older;
c. Have a high-school diploma or equivalent; and
d. Pass a background check***
***If You do not pass the background check for any reason, You WILL NOT be entitled to a refund of any portion of the fees You paid to Company for the course or the background check.
To receive Your Certificate of Completion. In order to obtain Your Certificate of Completion from Company, You must meet the following qualification requirements:
a. Complete the Basic 40-Hour RBT Training Course; and
b. Pass the Exam;
To become a Registered Behavioral Technician (RBT). In order to qualify to become a Registered Behavioral Technician (RBT), You must meet the following qualification requirements (as required by the Behavioral Analyst Certification Board):
a. Complete the initial assessment; and
b. Complete the Basic 40-Hour RBT Training Course.
***If You do not pass the background check for any reason, You WILL NOT be entitled to a refund of any portion of the fees You paid to Company for the course or the background check.
5. Termination.
a. Termination by You. You may terminate this Agreement for any reason by providing the Company written notice a minimum of three (3) days prior to the start date of the Services for which You subscribed (the “Termination Window”). If notice is given within the Termination Window, You will only be charged Two Hundred Fifty Dollars ($250.00) to offset the Company’s actual costs associated with setting up Your account and preparing to provide the Services to You. If You do not submit Your written termination notice within the Termination Window, all sums paid to Company, including, but not limited to the Deposit, will be nonrefundable. In the event of an unforeseen and unforeseeable emergency that precludes You from using the Services, then You will be entitled to a credit in an amount equal to the Deposit, which will be applied to Your account and be good towards the next session of the Services (the “Credit Amount”). The Credit Amount will not be refunded and can only be used the next session of the Services.
b. Termination by the Company. The Company may at any time and without advance notice modify or restrict Your use of the Services if the Company determines, in its sole discretion, that Your use of the Services: (a) violates this Agreement; (b) the General Privacy Policy or Website Terms of Use; (c) violates any laws, regulations, court orders, or other governmental request or order which requires immediate action; (e) violates any intellectual property rights of the Company or a third party; (e) violates any export or import regulations; (5) is disruptive or causes a malfunction of the Services; or (f) may expose the Company to potential legal liability. If You do not correct the violation within ten (10) days thereafter, the Company may terminate this Agreement. The Company may suspend or in its sole option terminate the Services if You fail to timely pay any amounts required under this Agreement.
6. No Rights Granted. Nothing in this Agreement shall be construed as granting any rights under any patent, copyright or other intellectual property right of the Company, nor shall this Agreement grant You any rights in or to the Company’s intellectual property other than the limited right to review such intellectual property solely for the purpose of receiving the Services. Any breach of this paragraph by You shall be grounds for immediate termination of this Agreement including termination of the Services being provided to You. Due to the unique nature of the Company’s intellectual property, You agree that monetary damages may be inadequate to compensate the Company for any breach by You of the terms and conditions of this paragraph. Accordingly, You agree and acknowledge that any such violation or threatened violation may cause irreparable injury to the Company and, in addition to any other remedies that may be available, in law, in equity or otherwise, the Company shall be entitled to obtain injunctive relief against the threatened breach of this Agreement or the continuation of any such breach by You.
7. No Other Services and/or Relationships.
By signing this Agreement, You agree, understand, and acknowledge the following:
a. You are paying for the Services and no other service, good, or product;
b. This Agreement does not create any relationship between You and any officer, director, shareholder, agent, employee, or independent contractor of the Company, or any person or entity related thereto;
c. None of the Services are accounting, construction, medical, legal, or other services for which a license is required under the laws of the State of California;
d. Regardless of who is an officer, director, shareholders, agent, employee, or independent contractor of the Company, You agree that no attorney-client, doctor-patient, or clergy-penitent relationship is created by this Agreement; and
e. This Agreement does not create a partnership, joint venture, or employment relationship between the Company and You, and that the nature of the Company’s relationship to You is solely that of an independent contractor.
8. Disclaimer of Warranties.
THE SERVICES ARE PROVIDED AS-IS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE/NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT YOU WILL OBTAIN A REGISTERED BEHAVIORAL THERAPIST CERTIFICATE OR YOU WILL BE ABLE TO OBTAIN A JOB, OCCUPATION, OR PROFESSION AFTER RECEIPT OF THE SERVICES, OR BE GUARANTEED AN TYPE OF PAY RATE. THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, QUALITY, RELIABILITY, APPROPRIATENESS FOR A PARTICULAR TASK OR APPLICATION, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. YOU ARE ENTIRELY RESPONSIBLE FOR AND ASSUME ALL RISK FOR USE OF THE SERVICES. YOU SHOULD NOT USE THE SERVICES IN HIGH-RISK ACTIVITIES WHERE SUBSTANTIAL DAMAGE COULD RESULT IF AN ERROR OCCURRED. THE COMPANY DOES NOT WARRANT OR REPRESENT THAT YOUR USE OF THE SERVICES WILL PREVENT THE LOSS OF OR IMPROPER ACCESS TO YOUR DATA. THE COMPANY IS NOT RESPONSIBLE FOR TRANSMISSION ERRORS OR CORRUPTION OR SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATION LINES.
9. Limitation of Liability.
IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, LOSS OF DATA, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF OR CONNECTED IN ANY WAY WITH THIS AGREEMENT OR THE SERVICES, OR FOR ANY CLAIM BY ANY THIRD PARTY (INCLUDING FOR INTELLECTUAL PROPERTY INFRINGEMENT), EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF THE COMPANY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO THE COMPANY IN THE THREE MONTHS PRIOR TO THE EVENT CAUSING LIABILITY.
10. Exclusive Remedy. Your sole right and exclusive remedy for breach of this Agreement by the Company if You are dissatisfied for any reason with the Services is to terminate this Agreement as provided in this Agreement.
11. Indemnity. You shall indemnify and hold the Company harmless against any and all liabilities, losses, damages, judgments, claims, causes of action, and costs (including attorney's fees and disbursements) which the Company may hereafter incur, suffer, or be required to pay, defend, settle (subject to any limitations set forth in this Agreement), or satisfy as a result of Your use of the Services. To qualify for such defense and payment, the Company must: (a) provide You with prompt written notice of a potential third-party claim; and (b) allow You to control, and fully cooperate with You in, the defense and all related negotiations.
12. Choice of Law and Venue. This Services are intended to be provided in Los Angeles County, California, and, as such, this Agreement shall be governed by the law of California. You agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the state or federal (if permitted by law and a party elects to file an action in federal court) courts located in Los Angeles County, State of California.
13. General Terms Your rights and obligations under this Agreement may not be assigned or transferred without written permission of the Company. If any provision of this Agreement is determined to be invalid, all other provisions will remain in force. Notice or other communication between You, and/or the Company, may be given by conventional first-class mail or by e-mail and are effective on the date received.
14. Electronic Communications When You visit the Website, use the Services, or send emails to the Company, You are communicating with the Company electronically. You consent to receive communications from the Company electronically. The Company will communicate with You by email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that the Company provides to You electronically satisfy any legal requirement that such communications be in writing.
15. Waiver Failure by Company to enforce any provision of this Service Agreement or respond to a breach by You or others shall not constitute a waiver of the Company’s right to enforce any other provision of this Agreement as to that breach or any other.
16. Severability If any provision of this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY CHOOSE NOT TO BECOME A USER OF THE SERVICES.
PROMOTIONAL PRICE ADDENDUM
TO THE KAM BEHAVIORAL ACADEMY, INC.,
SERVICE AGREEMENT
This Promotional Price Addendum (“Addendum”) to the KAM Behavioral Academy, Inc., Service Agreement (incorporated by reference) is hereby made a part of the Service Agreement entered into by KAM Behavioral Academy, Inc., and You, and specifically applies to the promotional pricing of Five Hundred Dollars ($500.00) for the Company’s Services, which is currently being offered as grand opening introductory rate.
You hereby acknowledge that the Company’s regular price for the Services is Two Thousand Seven Hundred Fifty Dollars ($2,750.00). However, currently, Company is offering a promotional price of Five Hundred Dollars ($500.00) as an introductory rate as a part of Company’s grand opening event. This is a savings of $2,250.00 for individuals who register for the Services during the Promotional Period, which will end on 9/30/21(the “Promotional Period”), unless Company chooses to extend the Promotional Period at its sole discretion.
You further acknowledge and agree that, since space is limited, and there is a great demand for Company’s Services, and because the Services are being offered at more than eighty (80%) percent discount, that you will only have three (3) days to request a full refund from the date you register for the Services (the “Refund Request Window”). If You do not request a refund within the Refund Request Window, Your payment of Five Hundred Dollars ($500.00) will be non-refundable.
You further acknowledge and agree that our normal refund policy does not apply to the promotional pricing and that any refund request for the promotional pricing will be strictly governed by the terms of this Addendum. All other Terms and Conditions, including, but not limited to, the refund policy for Company’s normal pricing, shall be governed by the Service Agreement.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT TERMS OF THIS ADDENDUM. IF YOU DO NOT AGREE TO THESE TERMS OR THE TERMS AND CONDITIONS OF THE SERVICE AGREEMENT, YOU MAY CHOOSE NOT TO BECOME A USER OF THE SERVICES.
