Gemba Academy Inc.
460 Johnson Rd
Keller, TX 76248 USA
Effective Date: 03 January, 2023
This Agreement in no way creates any agency, partnership, joint venture, or employee-employer or franchisor-franchisee relationship between you and Gemba Academy.
You may be required to create an account and specify a password in order to access certain features or content on the Sites. To create an account, you must be at least 18 years old and you must provide truthful and accurate information about yourself. If your information changes at any time, please update your account to reflect those changes.
In some cases, an account may be assigned to you by an administrator, such as your employer. If you are using or logging into an account assigned to you by an administrator, additional terms may apply to your use of the Sites. Moreover, your administrator may be able to access or disable your account without our involvement.
You may not share your account with anyone else. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality as well as all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security.
Accounts are non-transferrable. You will notify Gemba Academy of any event, such as acquisition or sale, that changes the access agreed to so that license and account changes can be developed to reflect the new situation.
Use of the Sites
Gemba Academy grants you a nonexclusive, nontransferable, revocable license to access and use our Sites strictly in accordance with this Agreement. Your use of our Sites is solely for internal, personal, noncommercial purposes unless otherwise provided for in this Agreement.
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 videos to make sure it was compatible with your system.
You may provide links to our Sites provided that (a) you do not remove or obscure any portion of our Sites by framing or otherwise, (b) your website does not engage in illegal or pornographic activities, and (c) you cease providing links to our Sites immediately upon our request. The Sites may contain links to third-party websites. That doesn’t mean that we control or endorse those websites or any goods or services sold on those websites.
Fees, Payments, and Refunds
You acknowledge that Gemba Academy reserves the right to charge for use of any portion of the Sites and to change its fees from time to time at its discretion. You represent and warrant that if you are purchasing something from us, will pay the charges incurred by you at the posted prices, including any applicable taxes, and if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.
Subscription Products: You acknowledge that Gemba Academy online subscriptions are recurring and will automatically renew at the end of your subscription period. You may cancel your subscription at any time, and it is your responsibility to cancel your subscription by contacting Gemba Academy by email or phone before your account automatically renews.
Certification Products: Certifications reflect the knowledge and performance of a specific individual, and therefore once started cannot be transferred to another individual to continue or complete.
No refunds will be issued after any purchase or account renewal.
Using our Site does not give you ownership of any intellectual property rights to the content you access. You may not use content from our Sites unless you obtain permission from us, or unless you are otherwise permitted by law.
Our Sites are protected by copyright, trademark, patent, trade secret, and other laws, and Gemba Academy owns and retains all rights in Gemba Academy’s content, resources, materials, and processes. 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 Sites is the proprietary property of Gemba Academy or its licensors. No content available through the Sites 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
Gemba Academy’s policy is to respond promptly to claims of intellectual property misuse and to comply with the Digital Millennium Copyright Act OF 1998 (“DMCA”). If you believe that your work has been copied and is accessible on Gemba Academy in a way that constitutes copyright infringement, contact Gemba Academy immediately.
Warranties and Disclaimers
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GEMBA ACADEMY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE. GEMBA ACADEMY MAKES NO WARRANTY THAT: (A) THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE SITE IS USED AT YOUR OWN DISCRETION AND RISK. GEMBA ACADEMY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.
GEMBA ACADEMY RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE SITE AND CONTENT PROVIDED ON OR THROUGH THE SITE AT ANY TIME WITHOUT NOTICE.
Limitation of Liability
EXCEPT WHERE PROHIBITED, GEMBA ACADEMY, ITS SUPPLIERS, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF GEMBA ACADEMY CONTENT OR SERVICES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITES OR ANY THIRD PARTY’S USE OF THE SITES. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF THE SERVICES ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.
Applicable Laws and Arbitration
This Agreement will be treated as if it were executed and performed in Tarrant County, Texas, and will be governed by and construed in accordance with the laws of the state of Texas. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Sites must be instituted within one (1) year after the cause of action arose or be forever waived and barred. If it turns out that a particular provision in this Agreement is not enforceable, that will not affect any other provision.
Any legal issue arising from or relating to this Agreement and/or our Sites, excluding legal action taken by us to collect or recover damages for – or obtain any injunction relating to – website operations, intellectual property, and our Sites will be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.