Welcome to KelbyOne, LLC! We are a membership service that provides our members with access to online training and other audio-visual education ("online training") streamed over the Internet to computers and other devices ("KelbyOne ready devices").
If you are a resident of the United States (including its possessions and territories), you agree to the Arbitration Agreement and class action waiver described in Section 15 to resolve any disputes with KelbyOne, LLC (except for matters that may be taken to small claims court).
- Membership, Free Trials, Billing and Cancellation
- Ongoing Membership. Your KelbyOne membership, which may start with a free trial, will continue month-to-month or annually unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the KelbyOne service. We will bill the monthly or annual membership fee to your Payment Method. You must cancel your membership before it renews each month or annual renewal date in order to avoid billing of the next installment of membership fees to your Payment Method.
- Free Trials
- Your KelbyOne membership may start with a free trial. The free trial period of your membership lasts for 24 hours, seven days, or one month, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new and certain former members only. KelbyOne, LLC reserves the right, in its absolute discretion, to determine your free trial eligibility.
- We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price and end date of your free trial period, visit our website and click the "View billing details" link on the "Your Account" page. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
- You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. CLICK THE "YOUR ACCOUNT" LINK AT THE TOP OF ANY KELBYONE WEB PAGE (http://KelbyOne.com) TO FIND CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel.
- Recurring Billing. By starting your KelbyOne membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the KelbyOne service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
- No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
- Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the "Your Account" link, available at the top of the pages of the KelbyOne website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
- Cancellation. You may cancel your KelbyOne membership at any time, and you will continue to have access to the KelbyOne service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel, go to the "Your Account" page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click "View billing details" on the "Your Account" page. If you signed up for KelbyOne using your account with a third party as a Payment Method, and wish to cancel your KelbyOne membership at any time, including during your free trial, you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the KelbyOne service through that third party. You may also find billing information about your KelbyOne membership by visiting your account with the applicable third party.
- KelbyOne Service
- KelbyOne and any content viewed through our service are for your personal and non-commercial use only. During your KelbyOne membership, we grant you a limited, non-exclusive, non-transferable, license to access the KelbyOne service and view online training through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
- You may view an online training course through the KelbyOne service primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such courses. THE NUMBER OF DEVICES ON WHICH YOU MAY SIMULTANEOUSLY WATCH IS LIMITED. Go to the change plan information in the "Your Account" page to see the number of devices on which you may simultaneously watch. The number of devices available for use and the simultaneous streams may change from time to time at our discretion.
- We continually update the KelbyOne service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of courses, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.
- The availability of courses to watch will change from time to time, and from country to country. The quality of the display of the courses may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD and Ultra HD availability is subject to your Internet service and device capabilities. Not all content is available in HD or Ultra HD and not all plans allow you to receive HD or Ultra HD content. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content, which is defined as 720p or better. A download speed of at least 25.0 Mbps per stream is recommended to receive Ultra HD content, which is defined as resolution greater than 1080p. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. KelbyOne makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching a course will vary based on a number of factors, including your location, available bandwidth at the time, and courses you have selected.
- Passwords & Account Access
- The member who created the KelbyOne account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the KelbyOne account. The Account Owner’s control is exercised through use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting KelbyOne Customer Service and potentially altering the Account Owner’s control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
- In order to provide you with ease of access to your account and to help administer the KelbyOne service, KelbyOne implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the KelbyOne, which includes accessing via KelbyOne website.
- You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the KelbyOne website and not through a hyperlink in an email or any other electronic communication, even if it looks official. KelbyOne, LLC reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. KelbyOne, LLC is not obligated to credit or discount a membership for holds placed on the account by either a representative of KelbyOne, LLC or by the automated processes of KelbyOne.
- Disclaimers of Warranties and Limitations on Liability
- THE KELBYONE SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE KELBYONE SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. KELBYONE, LLC DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE KELBYONE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. KELBYONE, LLC SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, KELBYONE READY DEVICES, AND KELBYONE SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
- TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL KELBYONE, LLC, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
- Gifts & Promotions. In certain jurisdictions, gift cards for KelbyOne may be available for purchase at third-party retail outlets and websites, which can be redeemed on our website at http://KelbyOne.com/gift. The purchase and redemption of gift cards are subject to the gift terms (http://KelbyOne.com/GiftTerms). From time to time, other types of promotional codes may be available, including those provided as part of a third party promotion. Promotional codes may be redeemed as described in the specifics of the promotion. Gift cards and promotional codes can only be used once, cannot be redeemed for cash, and may be combined with other offers, including a free trial, subject to certain restrictions as determined by KelbyOne in its sole discretion. If you received a promotional code through an offer by a third party, additional conditions may apply.
- Intellectual Property
- Copyright. The KelbyOne service, including all content provided on the KelbyOne website is protected by copyright, trade secret or other intellectual property laws and treaties.
- Trademarks. KelbyOne is a registered trademark of KelbyOne, LLC, Inc.
- Claims of Copyright Infringement. Claims of Copyright Infringement. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the KelbyOne service, please notify us by completing the Copyright Infringement Claims form (http://KelbyOne.com/Copyrights).
- Governing Law
- You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.
- Applications. You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Application(s)") that interact with the KelbyOne service. These Applications may import data related to your KelbyOne account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and KelbyOne, LLC is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY KELBYONE AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.
- Use of Information Submitted. KelbyOne, LLC is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the KelbyOne service, including the KelbyOne website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the KelbyOne service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. Please note KelbyOne, LLC does not accept unsolicited materials or ideas for classes or training, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to KelbyOne. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against KelbyOne, LLC and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
- Arbitration Agreement
- If you elect to seek arbitration or file a small claim court action, you must first send to KelbyOne, LLC, by certified mail, a written Notice of your claim ("Notice"). The Notice to KelbyOne, LLC must be addressed to: General Counsel, KelbyOne, LLC, Inc., 118 Douglas Road East, Oldsmar, FL 34677 ("Notice Address"). If KelbyOne, LLC initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by KelbyOne, LLC, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If KelbyOne, LLC and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or KelbyOne, LLC may commence an arbitration proceeding or file a claim in small claims court.
- You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after KelbyOne, LLC receives notice at the Notice Address that you have commenced arbitration, KelbyOne, LLC will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees.
- The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless KelbyOne, LLC and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence.
- If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of KelbyOne, LLC’s last written settlement offer made before an arbitrator was selected (or if KelbyOne, LLC did not make a settlement offer before an arbitrator was selected), then KelbyOne, LLC will pay you the amount of the award or US$1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
- YOU AND KELBYONE, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and KelbyOne, LLC agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Last updated: October 8, 2014