ODPay Financing Agreement

This agreement ("Agreement") is made between KMK Educational Services, dba. KMK Optometry, hereinafter referred to as "KMK," and the customer (the "Customer") regarding the financing of the KMK Board Prep product.

Your use of KMK and its Services is at all times subject to our Terms & Conditions, which incorporates this Agreement. Any terms we use in this Agreement without defining them have the definitions given to them in the Terms & Conditions.

This financing plan offers 0% interest and does not require a credit check. By entering into this agreement, the Customer agrees to the following terms and conditions to finance their KMK Board Prep product.

1. Installment Plan Details

This Agreement is defined as a sales contract, not a credit contract. The financing plan offered under this Agreement represents an installment payment option for the purchase of KMK products and services and does not constitute an extension of credit, nor is it subject to any federal or state credit regulations or consumer credit protections. There is no assessment of the Customer’s creditworthiness. No credit reporting agencies will be consulted or notified in the creation of this Agreement. The Customer has no borrowing relationship with KMK and is solely responsible for making timely payments per the terms outlined herein. By agreeing to these terms, the Customer acknowledges that they have entered into a sales contract with KMK solely for the purpose of purchasing products or services under the specified payment plan.

2. Payment Terms

The Customer agrees to pay the outstanding balance in monthly installments via auto-debit from a designated credit or debit card. Payments will be processed automatically each month until the balance is paid in full.

3. Account Suspension and Reinstatement

• 3.1. Suspension: Failure to pay the monthly installment on the due date, for any reason, will result in immediate suspension of account access.
• 3.2. Reinstatement: To reinstate a suspended account, the Customer must pay all past-due amounts as well as the current month’s installment, even if not yet due.
• 3.3. KMK Discretion: KMK reserves the right to require full payment of the outstanding balance before reinstating access at its discretion. This requirement may occur after multiple suspensions, account violations, or other non-financial reasons, with no further justification needed.
• 3.4. Combination of Contracts: KMK may, at its discretion, elect to combine all outstanding ODPay contracts and require payment under a newly combined fee schedule. The Customer may be required to pay either the new partial combined fee or the full balance before account access is restored.

4. Termination, Collections, and Fees

• 4.1. Accounts in suspension with a balance due for over 30 days are subject to termination and referral to a collection agency.
• 4.2. Once referred to collections, all payments and financial activity will be managed by the collection agency, not KMK.
• 4.3. KMK may add fees of up to 20% of the full purchase price imposed by KMK, subject to any applicable state or local limitations.
• 4.4. The collection agency may have their own additional fees.

5. Event Access Restrictions

Accounts in suspension, termination, or collection status may be restricted from accessing KMK Events, including Lives, webinars, and other exclusive events.

6. Governing Law and Jurisdiction

This Agreement is entered into in the State of Nebraska and shall be governed by and construed in accordance with the laws of Nebraska, without regard to any conflict of law principles. The parties agree that any disputes arising under or related to this Agreement shall be subject to the exclusive jurisdiction of the courts located in Nebraska.

7. Arbitration Requirement

Prior to initiating any court proceedings, the Customer agrees to submit any disputes or claims arising from or related to this Agreement to binding arbitration. Arbitration shall be conducted in accordance with the rules of a mutually agreed-upon arbitration organization and shall occur within the jurisdiction of Nebraska. The decision of the arbitrator will be final and binding on both parties, and judgment on the arbitration award may be entered in any court having jurisdiction.

Acceptance

By entering into this Agreement, the Customer acknowledges their understanding and acceptance of all terms and conditions set forth herein. For any questions or concerns regarding this financing agreement, please contact KMK Support.