Terms of Use

The services offered by Gemba Academy LLC ("Gemba Academy") include online educational services, including (but not limited to) online educational videos, quizzes, downloadable bonus material and online community features.

1. General

This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for your use of Gemba Academy. By using Gemba Academy, you agree to be bound by this Agreement, whether or not you have registered with Gemba Academy. You are only authorized to use Gemba Academy if you agree to abide by all applicable laws and the terms of this Agreement. If you do not agree with these terms, your sole recourse is not to access Gemba Academy.

You acknowledge that Gemba Academy reserves the right to charge for any portion of Gemba Academy and to change its fees (if any) from time to time in its discretion.

Gemba Academy may, at its sole discretion, remove any posting by you, or to deny, restrict, suspend, or terminate your access to all or any part of Gemba Academy at any time. Gemba Academy may deny, restrict, suspend, or terminate your access to all or any part of Gemba Academy if Gemba Academy believes that you have violated this Agreement.

2. Eligibility

Use of Gemba Academy is void where prohibited.

3. Proper Use.

In consideration of your use of Gemba Academy, you agree to (a) provide accurate, current and complete information about you on the registration forms; (b) maintain the security of your password and identification; (c) maintain and promptly update any information you provide to Gemba Academy, to keep it accurate, current and complete; and (d) be fully responsible for your account.

If Gemba Academy suspects that your information is untrue, inaccurate, not current or incomplete, Gemba Academy may suspend or terminate your account.

4. Prohibited Use.

You agree that you will not use the Gemba Academy service to take any of the following actions:

Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
Post any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
Use any means, technical or otherwise, to attempt to circumvent any copyright protection, access control, or license-enforcement mechanisms used to protect the content made available through Gemba Academy.;
Reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any content made available through Gemba Academy
Solicit personal information from any other user;
Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, our sites, any software or hardware, or telecommunications equipment;
Advertise or offer to sell any goods or services for any commercial purpose;
Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
Interfere with or disrupt Gemba Academy’s websites, servers, or networks;
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Engage in any illegal activities.

You agree to only send and receive information and materials that are proper and related to the Gemba Academy service.

5. License to User Contributions.

The Gemba Academy service is designed for you to contribute content and participate in discussion threads and other forums. You are solely responsible for all materials, whether publicly posted or privately transmitted, that you make available on the Gemba Academy service. You represent that you own all intellectual property rights in the materials you contribute. By displaying or publishing any content on or through Gemba Academy, you hereby grant to Gemba Academy a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such content without limitation. Gemba Academy shall also have the right to retain and use comments, suggestions, data, or other information for any purpose without compensation. This license shall apply to distribution in any form, medium, or technology.

6. Intellectual Property Rights.

Gemba Academy are by copyright, trademark, patent, trade secret and other laws, and Gemba Academy owns and retains all rights in Gemba Academy. Gemba Academy’s copyrights, trademarks, patents and trade secrets may not be used without the prior written permission of Gemba Academy.

All content available through the Gemba Academy service are the proprietary property of Gemba Academy, its users or its licensors. No content available through the Gemba Academy service may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Gemba Academy’s prior written permission. All eligible users are granted a limited license to access and use Gemba Academy and to download or print a copy of information posted on the Gemba Academy website solely for your personal, non-commercial use. This license is revocable at any time without notice and with or without cause.

7. Submissions Policy.

You may submit to us on a non-confidential basis any relevant educational content that are owned and created by you for evaluation by Gemba Academy. Please understand that Gemba Academy is under no obligation to evaluate or use the content you submit and that we may use content submitted by other third parties and we develop our own content internally that may be similar to the content that you submit to us. While we agree that you shall retain all rights in your content, when submitting content to us you must agree not to assert any claim against Gemba Academy or our customers if this other content is similar to the content you submitted to us.

8. Copyright Violations.

Gemba Academy’s policy is to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on Gemba Academy in a way that constitutes copyright infringement, notify Gemba Academy’s copyright agent with the following information in writing:

The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that is claimed to be infringing including the location on the Gemba Academy Services.
Your name, address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act OF 1998 (“DMCA”) is:

Gemba Academy LLC
13000 Beverly Park Rd Suite B
Mukilteo, WA 98275
United States

After receiving a claim of infringement, Gemba Academy will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Gemba Academy will promptly remove or disable access to any material claimed to be infringing and take reasonable steps to notify you that the material has been removed.

9. Mailings.

By indicating you want to receive email updates from Gemba Academy (such as when you initially create your account or by otherwise submitting your email address to Gemba Academy and requesting such email), you are consenting to receive e-mails from us about our products, services, and other news. These Terms of Service will apply to all such e-mails (and such e-mails will be considered part of the Gemba Academy service).

10. Third Party Links.

Our provision of a link to any other website or location is for your convenience only and does not signify our endorsement of such other website or location or its contents. We have no control over, do not review, and cannot be responsible for, these outside websites or their content.

11. No Warranty.

We do not guarantee the accuracy, the integrity, or the quality of the content contained in Gemba Academy, and you may not rely on any of this content. Without limitation, we are not responsible for postings by users in any part of Gemba Academy. You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these terms or that is otherwise objectionable. All of the content offered through Gemba Academy are provided “as is” and Gemba Academy does not represent that any of the content is reliable, accurate, complete, or otherwise valid. ACCORDINGLY, GEMBA ACADEMY, ITS SUPPLIERS AND OTHER PARTICIPANTS CONTRIBUTING INFORMATION TO GEMBA ACADEMY DO NOT WARRANT THAT SUCH INFORMATION WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE GEMBA ACADEMY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THE INFORMATION IS PROVIDED TO YOU WITH NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

12. Limitation of Liability.

IN NO EVENT WILL GEMBA ACADEMY, ITS SUPPLIERS, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF GEMBA ACADEMY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOST DATA, THAT MAY ARISE OUT OF YOUR USE OF GEMBA ACADEMY, EVEN IF GEMBA ACADEMY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. Modifications of Terms.

Gemba Academy shall have the right to modify the terms of this Agreement at any time, which modification shall be effective immediately upon posting to the Gemba Academy website.

14. Indemnification

You hereby agree to indemnify, defend and hold Gemba Academy and all of our officers, directors, employees and partners harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by Gemba Academy in connection with any claim, including any liability or expense arising from all claims of every king and nature arising out of your use of Gemba Academy, the materials that you submit to Gemba Academy, or your violation of the rights of any other person or entity. Gemba Academy will provide you with written notice of such claim, suit or action.

15. Arbitration.

Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Seattle, Washington and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Gemba Academy may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

16. Miscellaneous.

This Agreement constitutes the entire agreement between Gemba Academy and you with respect to Gemba Academy. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. The failure of Gemba Academy to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. This agreement shall be interpreted in accordance with the laws of the State of Washington.

17. Recurring Subscriptions and Cancellations.

You acknowledge that Gemba Academy online subscriptions are recurring in nature and will automatically renew at the end of your subscription period. You acknowledge that you may cancel your subscription at any time. You acknowledge that it is your responsibility to cancel your subscription by contacting Gemba Academy via email or phone before your account automatically renews. You acknowledge that no refunds will be issued after account renewal.

18. Minimum System Requirements.

You acknowledge that you have reviewed the minimum system requirements noted on the Support page, and that you have tested your system by viewing at least one of the preview videos. You understand that due to the nature of electronic products, no refunds can be issued after purchase.

Should you have any questions or concerns regarding these Terms of Service, please contact us at: