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KMK Terms of Use

Updated: January 31, 2021

User Agreement Contract

When you (“User”) register for a KMK course and/or use this website at boards.kmkoptometry.com (“Website”) you acknowledge your acceptance that the terms and conditions (“Terms & Conditions”) herein govern your transaction(s) with KMK Educational Services (KMK) and your use of the Website and application.

Use of Website

This site is provided by KMK on an “as is” basis and KMK makes no representations or warranties of any kind, express or implied, including warranties as to accuracy or timeliness of information on this Website, merchantability and fitness for a particular purpose of any goods or services, or non-infringement of Website content. KMK is not responsible for technical, hardware or software failures of any kind; lost or unavailable network connections or delayed computer transmissions. KMK cannot be responsible for errors or omissions in Website content, and disclaims all liability for damages associated by reliance on Website content by Users. KMK will not be liable for any damages or injury that result from the use of this website or the materials on this site, including but not limited to direct, indirect, incidental, consequential, and punitive/exemplary damages. 

Our website may contain links to sites not maintained or operated by KMK. KMK makes no representations or warranties about any other website. KMK has no control over the content of any outside websites, even if accessed through this website. In addition, a link to an outside website does not mean that KMK endorses the content, or the use, of such website. 

Personal & Performance Data Protection.

We respect your privacy. For full details please read our Privacy Policy.

Selling or Sharing Memberships

Selling, transferring, or sharing online memberships is strictly prohibited without the express written consent of KMK. Direct violations, suspicious or any fraudulent activity can result in account suspension or account access termination. If in the event of account termination or suspension, no refunds will be applied for any course or purchased materials and live access to the KMK lectures will be denied.

Copyright & Re-Distribution

All textbooks and media are protected by US copyright law. Any re-distribution or re-creation of any KMK materials, including but not limited to current or discontinued textbooks and all media is prohibited without the written consent of KMK. By completing a course registration, you agree to not copy or re-distribute the material in any fashion. Violations will be prosecuted to the fullest extent of the law along with account termination.

Refunds

Because our online material is available immediately following the completion of purchase and account confirmation, KMK does not offer refunds. All sales are considered final.

Applicable Law

This site is created and controlled by KMK in the State of Nebraska, USA. As such, the laws of the State of Nebraska will govern these disclaimers, Terms & Conditions, without giving effect to any principles of conflicts of laws.

Rights of Access

KMK reserves the right to suspend or terminate any or all access to any user, for any reason, including not adhering to the Terms & Conditions herein. Use of this website by non-humans, such as data-mining programs, “bots” or similar means of automatically extracting data from this website is prohibited. Use of such means to access and obtain data from this website constitutes unauthorized access.

Commercial Use of Website Materials

Photographs, logos, video, and text on the website are protected by applicable copyright and trademark law. Users of the website are not permitted to use any materials protected by copyright or trademark in violation thereof, and the appearance of any such material on the website does not constitute a license to any User to use such material for any purposes other than use of the website. Pursuant to copyright law this also includes any material from any external learning resources provided and managed by KMK. This includes, but is not limited to, external social media channels, application, and more. All of the above apply without express written consent from KMK.

Ethics Statement

KMK's mission is to organize and simplify core concepts within optometry to empower and engage students and doctors for lifelong learning.  We do not support shortcuts, or any conduct detrimental to truly learning the concepts thoroughly to become excellent clinicians.  We respect the NBEO® mission and are fully compliant with the NBEO® ethics policy.  KMK will not support any activity that impacts the validity and integrity of NBEO® exam items.  KMK relies on published content within the NBEO® matrix to determine what concepts to research and teach within our textbook, live courses, and online study materials.

Legal Copyright Notice

The following is copyrighted material. It is unlawful to distribute without express written consent from the copyright holder. Copyright by KMK Educational Services, LLC.

Rights To Revisions

Please note that these Terms & Conditions will change from time to time, and we may post revised Terms & Conditions on the website, which will become effective as of the effective date listed thereon. Your continued use of the website and of KMK’s services constitutes acceptance of these Terms & Conditions, and of the Terms & Conditions in effect at the time of any such use. Each User is responsible for reviewing the Terms & Conditions herein periodically for updates.