Terms of Use

License; Access

Subject to the terms of this Agreement and your compliance therewith, DKA Toolkit Inc. grants to you a personal, nontransferable, nonsublicensable, nonexclusive license to use this course and the related on-line documentation (for example, downloadable course videos and documents) (collectively, the "course(s)") for your personal use only, on up to three computers that you own, in their original form only, and only in accordance with the related on-line documentation. DKA Toolkit Inc. shall retain all title to and ownership of the course(s) and all copies thereof. DKA Toolkit Inc. reserves the right, at its discretion, to modify this Agreement at any time by posting a notice on its website, http://www.dkatoolkit.thinkific.com, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the course(s) or any DKA Toolkit Inc. Service by you following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.

Subscriptions and Expiration

Your access to the course(s) is granted upon completing your payment to DKA Toolkit Inc. through the Thinkific interface. You must login to your account at http://www.dkatoolkit.thinkific.com at least one time in each calendar year from the course(s) in order to verify that your account is active. Your failure to do so will cause the course(s) to be disabled. If you are not continuing paying for your DKA Toolkit Inc. access, or if your access-period has expired, the course(s) will be disabled and you are not permitted to continue using the course(s). If you want to continue using your already created DKA Toolkit Inc. courses after your access has expired you need to contact DKA Toolkit Inc. before your access period expires.

Restrictions

You shall not, nor shall you permit anyone else to, directly or indirectly: (i) modify, distribute, or, copy the course(s); (ii) reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code or structure, sequence, and organization of the course(s) (except to the extent restrictions on reverse engineering are prohibited by applicable local law); or (iii) rent, lease, or use the course(s) or any DKA Toolkit Inc. Service for timesharing or service bureau purposes. You shall maintain and not remove or obscure any proprietary notices on the course(s), and shall reproduce such notices exactly on all permitted copies (if any) of the course(s). As between the parties, all title, ownership rights, and intellectual property rights in and to the course(s) or any DKA Toolkit Inc. Service, and any copies, portions, or derivatives thereof, shall remain in DKA Toolkit Inc. and its suppliers or licensors. You understand that DKA Toolkit Inc. may modify or discontinue offering the course(s) or any DKA Toolkit Inc. Service at any time. This Agreement does not give you any rights not expressly granted herein.

Intellectual Property; Content

As a condition to your use of the course(s), you represent, warrant, and covenant that you will not use the course(s) or any DKA Toolkit Inc. Service: (i) to infringe or violate the intellectual property rights or proprietary rights, or rights of publicity or privacy, of any third party; (ii) to violate (or encourage the violation of) any applicable law, statute, ordinance, or regulation; (iii) to disseminate, transfer or store information or materials in any form or format (your "Content") that are harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that otherwise violate any law or right of any third party; (iv) to disseminate Content that is an advertisement, solicitation, investment opportunity, or other unsolicited commercial communication; (v) to disseminate Content that is the confidential information of any third party without authorization from such third party to do so; or (vi) to disseminate any course(s) viruses or any other computer code, files, or programs that may interrupt, destroy, or limit the functionality of any computer course(s) or hardware or telecommunications equipment, or violate the security of any computer network. Further, you certify to DKA Toolkit Inc. that if you are an individual (e.g., not a corporation), you are at least the age of majority in your jurisdiction, or you have obtained the consent of your parent or guardian to use the DKA Toolkit Inc. Service. You also certify that you are legally permitted to use the course(s) and access the Content, are not a current or future competitor, and take full responsibility for the selection and use of the course(s) and access to the Content. This Agreement is void where prohibited by law, and the right to access the course(s) or the DKA Toolkit Inc. Services is revoked in such jurisdictions.

Warranty Disclaimer

The course(s) and the DKA Toolkit Inc. service is provided "as is" and DKA Toolkit Inc. makes no warranty of any kind with regard to the course(s) and the DKA Toolkit Inc. service. DKA Toolkit Inc. expressly disclaims all warranties, express or implied, including without limitation, any implied warranties of merchantability or fitness for a particular purpose or noninfringement. Further, DKA Toolkit Inc. does not warrant results of use or that the course(s) and the DKA Toolkit Inc. service will guarantee favorable law school admissions results. DKA Toolkit Inc. does not and cannot warrant the results you may obtain by using the course(s) and the DKA Toolkit Inc. service. This disclaimer of warranty constitutes an essential part of this agreement. The foregoing disclaimers also apply with respect to DKA Toolkit Inc's contractors and agents. Some states do not allow the exclusion of implied warranties, so the above limitations may not apply to you. Further, DKA Toolkit Inc. has no special relationship with or fiduciary duty to you. You acknowledge that DKA Toolkit Inc. has no control over, and no duty to take any action regarding: which users gain access to the course(s) and the DKA Toolkit Inc. Service; what Content you access via the course(s) and the DKA Toolkit Inc. Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release DKA Toolkit Inc. from all liability for your having acquired or not acquired Content through the course(s) and the DKA Toolkit Inc. Service. The course(s) and the DKA Toolkit Inc. Service may contain, or enable you to access, information that some people may find offensive or inappropriate. DKA Toolkit Inc. makes no representations concerning any Content contained in or accessed through the course(s) and the DKA Toolkit Inc. Service, and Anderson Admissions Academy will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the course(s) and the Anderson Admissions Academy Service.

Electronic Communications Privacy Act Notice (18 U.S.C. 2701-2711)

DKA Toolkit Inc. makes no guarantee regarding the confidentiality or privacy of any communication or information transmitted using the course(s) or the DKA Toolkit Inc. service. DKA Toolkit Inc. will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on equipment, transmitted over networks accessed by the course(s) or the DKA Toolkit Inc. Service, or otherwise connected with your use of the course(s) or the DKA Toolkit Inc. Service.

Please review DKA Toolkit Inc.'s Copyright Policy located at http://www.dkatoolkit.thinkific.com, if you believe that material or Content residing on or accessible through the DKA Toolkit Inc. Service infringes your copyright. In connection with your use of the course(s) and the DKA Toolkit Inc. Service, DKA Toolkit Inc. may gain access to your email address and other personally identifiable information you choose to provide. Please review DKA Toolkit Inc's Privacy Policy located at http://www.duanekandrews.thinkific.com, to understand DKA Toolkit Inc's policies with respect to this information.

Limitation of Remedies and Damages

Under no circumstances and under no legal theory, including, but not limited to, tort, contract, negligence, strict liability, or otherwise, shall DKA Toolkit Inc. be liable to you or any other person (i) for any indirect, special, incidental, or consequential damages of any character or (ii) for any matter beyond its reasonable control. DKA Toolkit Inc's liability for damages of any kind whatsoever arising out of this agreement shall be limited to $50 (U.S.), except where not permitted by applicable law, in which case DKA Toolkit Inc's liability shall be limited to the maximum extent permitted by such applicable law. The foregoing limitations shall apply even if DKA Toolkit Inc. has been informed of the possibility of such damages. The foregoing limitations also apply with respect to DKA Toolkit Inc's contractors and agents. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusion may not apply to you.

Indemnity

You agree that DKA Toolkit Inc. and its partners, contractors, and agents shall have no liability whatsoever for any use you make of the course(s). You shall indemnify and hold harmless DKA Toolkit Inc. and its partners, contractors, and agents from any claims, damages, losses, liabilities, costs, and fees (including reasonable attorneys’ fees) arising from your use of the course(s) as well as from your failure to comply with any term of this Agreement.

Termination

This Agreement shall continue until terminated as set forth in this section. You may terminate this Agreement at any time. Your rights under this Agreement will terminate automatically without notice from DKA Toolkit Inc. if you fail to comply with any term of this Agreement. Upon termination, the Agreement granted hereunder shall terminate and you shall immediately destroy and remove from all computers all copies of the course(s), and discontinue all use of the Service, but the terms of this Agreement will otherwise remain in effect.

Export Law Assurances

In connection with the course(s), you agree to comply with all export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control ("OFAC"), or other United States or foreign agency or authority, and you agree not to export, or allow the export or re-export of the course(s) in violation of any such restrictions, laws, or regulations. By using the course(s), you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country.

Miscellaneous

This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of laws provisions thereof. The sole and exclusive jurisdiction and venue for actions arising under this Agreement shall be the State and Federal courts in New York; you and DKA Toolkit Inc. each hereby consent to the jurisdiction of such courts in connection with any such action. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement constitutes the entire agreement between you and DKA Toolkit Inc. with respect your use of the DKA Toolkit Inc. course(s) and supersedes all prior or contemporaneous understandings regarding such subject matter. Except as set forth above, no amendment to or modification to this Agreement will be binding unless in writing and signed by DKA Toolkit Inc. and you. The party prevailing in any dispute under this Agreement shall be entitled to its costs and legal fees. Each party recognizes and agrees that the warranty disclaimers and liability and remedy limitations in this Agreement are material bargained for bases of this Agreement and that they have been taken into account and reflected in determining the consideration to be given by each party under this Agreement and in the decision by each party to enter into this Agreement. DKA Toolkit Inc. expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. DKA Toolkit Inc's contractors and agents are intended third party beneficiaries under this Agreement.

Government End Users

The DKA Toolkit Inc. course(s) and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer course(s)" and "Commercial Computer course(s) Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer course(s) and Commercial Computer course(s) Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.