Terms of Use

GENERAL TERMS OF USE AND AMENDMENT

Acceptance of Terms of Use and Amendments

Each time USER accesses the WEBSITE and/or the WORKS, USER agrees to be bound by these Terms of Use, as may be amended from time to time with or without notice to USER. OWNER reserves the right to update or modify these Terms of Use at any time without prior notice. USER’S use of this WEBSITE or access to WORKS following any such change constitutes USER’S agreement to follow and be bound by the Terms of Use, as amended. USER is encouraged to review the Terms of Use whenever USER uses this WEBSITE and/or accesses WORKS.

Virtual Classroom Courses – Florida

Any USER participating in a Florida 40-Hour Virtual Classroom Program understands that in compliance with F.A.C. 69B-227.170(3)(d)(3), USER, as Student, is required to be present for all Course Sessions and complete the Program in its entirety. USER further understands that a violation of such Standards shall result in an administrative sanction based on subsection 626.611(1), F.S., and the loss of course credit. Standards include those established by Course Provider and administered by the Course Instructor, including but not limited to (1) Copyright Provisions; (2) Student Identification, Attendance Tracking, and Interactive Participation; (3) Assigned Reading; (4) Completion of all Course Quizzes and Final Course Exam, without assistance; (5) Submission of all Session Code Phrases; and (6) Full Attendance of all Course Sessions on the prescribed dates and times.

Virtual Classroom and On-Demand Courses – Alabama

Any USER, as Student, participating in an Alabama 20-Hour Virtual Classroom or Virtual On-Demand Program is required to complete the Course in its entirety. USER further understands that a violation of Standards established by Course Provider may result in loss of course credit. Standards include, but are not limited to (1) Copyright Provisions; (2) Student Identification, Attendance Tracking, and Interactive Participation; (3) Assigned Reading; (4) Completion of any Course Quizzes and/or Final Course Exam, without assistance; and (5) Full Attendance of all Course Sessions on the prescribed dates and times.

Copyright Notice

The copyright law of the United States (Title 17 of the United States Code) governs the making of photocopies or other reproductions of copyrighted material. The making of an electronic copy of a copyrighted work by any means (e.g., scanning, digitizing, ripping, etc.) constitutes reproduction that is governed by copyright law.

All WORKS in all FORMATS including all original works of authorship are owned and copyrighted by the OWNER whether or not they individually bear the copyright notice: “copyright © [year] by The Koogler Group, LLC” or “copyright © [year] by Karen E. Koogler.”

OWNER owns both the intangible property right as well as the material objects in which the copyrighted work is embodied. The entire Content of this WEBSITE is copyrighted as a collective work under United States copyright laws. The copyright principles that apply to instructional use of copyrighted works in electronic environments are the same as those that apply to such use in paper environments. Any use of copyrighted electronic course content that would require permission from the copyright owner if the materials were part of a printed courseware likewise requires the copyright owner’s permission when made available in electronic format.

OWNER reserves all rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary rights that OWNER may have in the WEBSITE, the WORKS, and any other CONTENT, GOODS, or SERVICES that may be provided. OWNER is not providing USER with any implied or express licenses or rights by making SERVICES available to USER and USER will have no rights to make any commercial uses of the WEBSITE, the WORKS, or any other CONTENT, GOODS, or SERVICES without OWNER’S prior written consent.

OWNER has the exclusive right to do or authorize the following with respect to the WORKS and all other original works of authorship: reproduce in copies, prepare derivative works, public distribution, public performance, public display, and performance right in sound recordings.

Definitions

OWNER includes Karen E. Koogler and The Koogler Group, LLC, its owners, principals, officers, and employees.

USER means any person who accesses any WORKS for any purpose. Only properly registered USERS [“REGISTERED USERS”] are permitted to access applicable WORKS.

WORKS means all text and all products including but not limited to all online review or exam prep products and all secured protocol online examination products; and all courses, course names, course outlines, course topics, and all course contents, including but not limited to text, images, and audio appearing on the websites www.kooglergroup.com; www.nationaltitleinsuranceacademy.com; and/or any other website the OWNER may own, designate, or use (hereinafter collectively the “WEBSITE”).

WEBSITE includes but is not limited to those websites enumerated within the definition of WORKS [e.g., TRAINING PORTAL].

FORMAT means all formats, including but not limited to textbooks, articles, CDs, and all audio, video, and/or live presentations.

ACCESS means obtaining by whatever method the ability to attend, view, hear, or otherwise experience the WORKS.

USER Registration / Obligations / Access / Termination of Access

USER must be properly registered [“REGISTERED USER”] on the WEBSITE before accessing any WORKS. USER agrees to provide full and truthful information at point of registration and, by registering, explicitly agrees to the Terms of Use, as may be amended from time to time with or without notice to USER.

Once properly registered, USER is granted Single-User Access to the WORKS for the period established by the specific program or product [e.g., 30 days or 90 days] from point of first login [sign-on] or the total number of sessions assigned to the specific program or product, whichever is earlier. A “Session” is defined as point of log-on to point of log-off.

USER is responsible for maintaining confidentiality of USER’S login and/or password. Access to the WORKS by anyone other than USER, where USER’S login and/or password is utilized by anyone other than USER, is considered unauthorized access, even where USER has granted permission to such use.

Unauthorized access will result in immediate termination of access to WORKS by USER and, where USER is part of a larger registered group, such termination shall extend as to all USERS within the group and USER will be billed for such unauthorized use on a per-USER basis.

Where USER is part of a larger properly registered group [e.g. “ONLINE CLASSROOM”], the email addresses and/or other identifying information for all registered USERS of such group must be provided at point of purchase of WORKS and/or at point of post-purchase registration. Once an individual USER accesses the WORKS, such USER is locked in as part of the larger registered group, and usage shall be tracked by email address, login and/or password, or any other method of identification as may be required by OWNER.

Conditions of Use

OWNER grants to USER a temporary, non-exclusive Single-User license to use the WORKS in the particular manner specified on the WEBSITE, provided that USER agrees to the Terms of Use, including the following terms and conditions:

  1. USER agrees to pay for use of the WORKS, in the amount and manner indicated on WEBSITE or otherwise by the OWNER. NO REFUNDS are available for any reason.
  2. USER agrees that unauthorized use of the WORKS by others will result in immediate termination of access to the WORKS by USER and USER will be responsible to the OWNER for payment of WORKS by all unauthorized USERS.
  3. USER agrees not to distribute, reproduce, publicly display, or create derivative works from the whole or any part of the WORKS, whether or not for value, in any manner whatsoever, including but not limited to electronic or mechanical reproduction, or reproduction into information storage or retrieval systems, without prior written approval of the OWNER.
  4. USER agrees not to breach this Agreement claiming any limitations to copyright infringement, including but not limited to the first sale doctrine or fair use exemption.
  5. USER agrees not to use the WORKS for criticism, comment, news reporting, teaching, scholarship, research, or any similar uses without the prior written approval of the OWNER.

Submission of Content

Any Content submitted by USER to the WEBSITE, including but not limited to questions, comments, feedback, notes, messages, ideas, suggestions or other contributions, solicited or unsolicited, transmitted via email, fax, letter, onsite posting, blog, or other means, shall be and shall remain the exclusive property of OWNER. Submission of any such Content shall constitute an assignment to OWNER of all intellectual property rights in same. OWNER shall be entitled to use, reproduce, disclose, publish and distribute any material submitted by USER for any purpose whatsoever, without restriction and without compensating USER in any way. USER hereby agrees to grant OWNER a worldwide, royalty-free, non-revocable, non-exclusive license to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in party. Such license will apply with respect to any form, media, technology now known or later developed. USER acknowledges and agrees that OWNER has the right to refuse to publish or to remove or block access to any Content provided by USER at any time, for any reason, with or without notice.

USER Privacy / Test Records

Registration data and other personally identifiable information that OWNER may collect is subject to the terms of our Privacy Policy. The personal information of USER will be kept private and confidential by OWNER. Test records and other USER progress and performance information is the exclusive property of OWNER, who reserves the right to evaluate performance data and prepare reports on USERS.

OWNER shall not publish or otherwise disclose test reports for individual USERS, where their names are identified in connection with specific test scores and reports, other than to submit same to licensing and/or certification authorities where USER seeks CE, CLE and/or other professional accreditation. For WORKS with testing components and where USER’S access to WORKS is paid for or sponsored by USER’S employer, USER acknowledges and agrees that OWNER may release test records and/or progress reports to said employer, with or without notice to USER.

USER has right of access to USER’S personal test records. School officials may be granted administrative privileges which permit access to USER records. USERS who attempt to access records of other USERS, even where part of the same larger registered group, will be barred from access to WORKS and will not be entitled refund or other compensation.

Third Party Services

Products and services of third parties may be advertised and/or made available on or through the WEBSITE and/or referenced within WORKS. Representations made regarding products and services provided by third parties are governed by the policies and representations made by such third parties. OWNER is not liable for or responsible in any manner for any dealing or interaction USER may have with such third parties.

Indemnification

USER agrees to indemnify and hold OWNER and OWNER subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney’s fees, that may be made by any third party, that is due to or arising out of USER’S conduct or connection with this WEBSITE or WORKS, USER’S provision of Content, or USER’s violation of the Terms of Use or any other violation of the rights of another person or party.

DISCLAIMER

The WORKS are designed to provide general information in regard to the subject matters covered. They are not intended to act as a recommendation for any particular action. All text, forms, charts, images, or other graphics are examples for discussion purposes only. No representations are made as to the accuracy or application of any forms, case law or statutes, state or federal, to USER’s situation. The WORKS do not intend to provide legal, tax, or other professional advice, and USER agrees that the OWNER is not engaged in providing any such advice. If legal advice or other expert assistance is desired, the services of a licensed competent professional should be sought.

USER acknowledges and agrees that the OWNER makes NO GUARANTEES that USER will pass any WORKS test or quiz, or that USER may qualify for any continuing education credit or other approval for which USER may attempt to apply by accessing the WORKS.

USER acknowledges and agrees that USER’S use of the WEBSITE, the WORKS, and any other SERVICES that may be provided by OWNER are made available and provided to USER at USER’S own risk. Access is provided to USER “as is” and the OWNER expressly disclaims all warranties of any kind, implied or express, including but not limited to the warranties of merchantability, fitness or applicability for a particular purpose, and non-infringement. OWNER makes no warranty, implied or express that any part of the SERVICE will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, or any quality, nor that any Content is safe in any manner for download. USER acknowledges and agrees that neither OWNER nor any participant in the SERVICE provides professional or legal advice of any kind and that the use of such advice or any other information is solely at USER’S own risk and without OWNER liability of any kind.

USER expressly acknowledges and agrees that OWNER shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to damages for loss of profit, goodwill, use, data or other intangible loss [even where OWNER has been advised of the possibility of such damages], resulting from or arising out of (i) the use of or the inability to use the SERVICE, (ii) the cost to obtain substitute goods and/or service resulting from any transaction entered into or through the service, (iii) unauthorized access to or alteration of USER’S data transmissions, (iv) statements or conduct of any Third Party on the service, or (v) any other matter relating to the service.

ACCEPTANCE OF TERMS OF ONLINE EXAMINATION, GENERAL TERMS OF USE, AND AMENDMENTS

Secured Protocol Online Exams

Secured Protocol Online Examinations are administered by The Koogler Group, LLC via Secured Online Testing Protocol. All Exams are CLOSED BOOK Exams delivered in a TIMED FORMAT. All Exam questions are MULTIPLE-CHOICE. Unless otherwise noted, a PASSING SCORE of 80% is required for all Secured Protocol Online Examinations.

Multi-State Exam

If taking the Multi-State Closing Agent or Multi-State Title Examiner Exam, you must first complete the corresponding Self-Study Program or 16-hour Classroom Program based on the Multi-State Study Manual for Closing Agents 2nd Edition or the corresponding Self-StudyProgram based on the Multi-State Study Manual for Title Examiners. You will be provided two attempts to pass the Exam. If successful, a Certificate of Course Completion will be provided by The Koogler Group, LLC. If unsuccessful, you must wait a period of thirty (30) days before registering with The Koogler Group [www.KooglerGroup.com] for re-testing [a $125 retake fee applies]. An unsuccessful re-test attempt will result in a mandatory waiting period of six (6) months before you may reapply for testing [a $125 retake fee applies].

WARNING: Accessing the Online Exam prior to completing the Self-Study Program will result in automatic nullification of Exam results, and may also result in fine or penalty, including assessment of a $125 retake fee to access the Online Exam once the Self-Study Program is completed. It should take the average person ninety (90) days, studying at a rate of approximately 50 pages per week, to complete the Self-Study Program in preparation for the Online Exam. Therefore, anyone accessing the Online Exam prior to ninety (90) days following date of purchase of the MSM-TE or MSM-CA Study Manual would be deemed in violation of Online Exam protocols.

Notice

No person shall cheat or assist another in cheating on an Online Exam. Cheating includes, but is not limited to:

  1. Communication relating to the Exam between Test-Takers or others while the Exam is in progress;
  2. Copying another Test-Taker’s answers while the Exam is in progress;
  3. Substitution by a Test-Taker of another person to take the Exam in the Test-Taker’s place;
  4. Use of textbooks, crib sheets, or other materials while the Exam is in progress; and
  5. Communication relating to the Exam between Test-Takers or others post-Exam.

The Test Provider reserves the right to require an on-site PROCTOR for any Online Exam. Should it be discovered that a Test-Taker cheated or assisted another in cheating on an Online Exam, any professional designation awarded to such person or to be awarded to such person will be suspended, revoked, or denied.

Certificate of Completion vs. CE/CLE Accreditation

Unless specifically noted, self-study and online courses are not CE/CLE accredited, even where a Certificate of Completion is provided. Classroom Programs provided through The Koogler Group are CE/CLE accredited solely for the State(s) listed on the Course Registration page. The Koogler Group will collaborate with Title Insurers, State Land Title Associations, or other groups and organizations to provide CE/CLE accredited Classroom Programs in States where minimum attendance requirements are satisfied.

END