Terms and Conditions

01Definitions

The following capitalized terms shall have the meanings set forth below:

• "Account" means the User account created when you register to access the Services.
• "Certificate" means any digital or printable proof of course completion, including certificates of completion and wallet cards, issued through the Services.
• "Content" means all training courses, videos, text, graphics, images, audio, assessments, questions, test banks, certificates, software, SCORM packages, and other materials made available through the Services, whether proprietary to the Company or licensed from third parties.
• "Employer" or "Organization" means any business entity that purchases the Services to train its employees, contractors, agents, or designated learners.
• "Employer Admin" means an individual authorized by an Employer to administer that Employer's Account, invite and manage Learners, assign courses, access reports, and otherwise act on the Employer's behalf within the Services.
• "End User" or "Learner" means an individual who accesses Content through the Services for the purpose of personal learning, whether self-registered or invited by an Employer.
• "Order" means any transaction through which you purchase access to Content, bundles, seats, or related physical products from the Services.
• "Seat" means a single Learner's authorized access to a specific course enrollment.
• "SCORM" means the Sharable Content Object Reference Model, a technical standard for online learning Content.
• "User Data" means any information you submit, upload, or generate through use of the Services, including Learner personal information, progress data, and completion records.

02Eligibility and Account Registration

2.1 Eligibility

You must be at least 18 years old and legally capable of entering into a binding contract under the laws of your jurisdiction to use the Services. The Services are intended for use by individuals and businesses located in the United States. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with local laws.

2.2 Account Creation

To purchase Content, access training, or administer an Employer Account, you must register and create an Account. You agree to provide accurate, current, and complete information; maintain and promptly update your information; maintain the security of your login credentials and not share them with any third party; accept responsibility for all activities that occur under your Account; and notify us immediately of any unauthorized access or security breach.

2.3 Account Security

You are solely responsible for maintaining the confidentiality of your credentials. You are liable for all use of the Services accessed through your Account, whether or not authorized by you. We are not liable for any loss or damage arising from unauthorized access resulting from your failure to safeguard your credentials.

2.4 One Person Per Account

Each Learner Account is for use by a single named individual. Sharing login credentials, taking courses or examinations on behalf of another person, or allowing another person to take courses or examinations under your name or credentials is strictly prohibited and may result in immediate termination of Account access, voiding of all Certificates issued, forfeiture of fees paid, and potential civil or criminal liability.

2.5 Right to Refuse Service

We reserve the right, at our sole discretion, to refuse service, suspend, or terminate any Account for any reason or no reason, including for violation of this Agreement, suspected fraud, chargeback activity, abusive behavior toward our personnel, or misuse of the Services.

03Services and Content License

3.1 Grant of Limited License

Subject to your compliance with this Agreement and payment of applicable fees, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Content solely for your personal training purposes, or, in the case of an Employer, solely to train that Employer's own employees, contractors, and designated Learners who are bona fide End Users of the Content. This license terminates automatically upon expiration of your enrollment, completion of the applicable course validity period, non-payment, or termination of this Agreement.

3.2 Restrictions on Use

You shall not, and shall not permit any third party to:

• copy, download (except where expressly permitted), record, screen-capture, transcribe, reproduce, distribute, publicly perform, publicly display, broadcast, stream, retransmit, publish, or otherwise exploit any Content;
• modify, adapt, translate, create derivative works of, reverse engineer, decompile, disassemble, or attempt to derive the source code or underlying algorithms of the Services or any Content;
• rebrand, white-label, co-brand, or remove, alter, or obscure any proprietary notices, trademarks, watermarks, or copyright notices on or within the Content or Services;
• resell, sublicense, rent, lease, lend, assign, or otherwise transfer the Services, any Content, Seats, Certificates, or access credentials to any third party;
• use the Services to operate a training business, learning management system, reseller platform, or similar competing service;
• use the Services to train individuals who are not bona fide employees, contractors, or designated Learners of the purchasing Employer;
• use any robot, spider, scraper, crawler, or other automated means to access, collect, or harvest data from the Services;
• bypass, disable, or circumvent any technical measures, access controls, authentication requirements, session limits, or integrity safeguards (including SCORM tracking, exam proctoring, and progress monitoring);
• take an examination on behalf of another individual, allow another individual to take an examination on your behalf, or otherwise compromise the integrity of any assessment;
• upload, post, or transmit through the Services any material that is unlawful, defamatory, obscene, infringing, harmful, malicious, or that contains viruses or other destructive code;
• interfere with, disrupt, or overload the Services or the networks and systems that support them;
• use the Services in violation of any applicable law, regulation, court order, or third-party rights;
• export, re-export, or transfer the Content to any country, individual, or entity prohibited by United States export control laws, including the Export Administration Regulations and sanctions administered by OFAC.

Each restriction above is a material term of this Agreement. Breach may result in immediate termination without refund and may expose you to injunctive relief and monetary damages, including statutory damages under the Copyright Act.

3.3 Third-Party Content and Flow-Down Terms

Certain Content made available through the Services is licensed to the Company by third-party providers. Your use of such third-party Content is subject to additional restrictions imposed by those licensors, which are incorporated into this Agreement and which you agree to observe. In particular:

• third-party Content is the exclusive property of its licensor, is protected under United States and international copyright law, and may not be recorded, copied, modified, redistributed, claimed as your own, rebranded, or used outside the scope of your Account;
• you must not resell, redistribute, or grant access to third-party Content to any party who is not a bona fide End User under your Account;
• you must comply with United States export control laws, including screening against restricted party lists;
• third-party licensors are intended third-party beneficiaries of these restrictions and may enforce them directly against you.

3.4 Changes to Services and Content

We may add, modify, replace, suspend, or discontinue any portion of the Services or Content at any time, with or without notice. Content is updated periodically to reflect changes in industry standards, regulations, or best practices, and prior versions may be withdrawn without notice.

04Orders, Pricing, and Payment

4.1 Pricing

Prices for courses, bundles, and related products are displayed on the Services in United States dollars and are exclusive of applicable taxes, duties, and shipping charges unless otherwise stated. We reserve the right to change prices at any time; however, changes will not affect Orders already confirmed.

4.2 Payment

Payment is processed through our third-party payment processor. By submitting payment information, you represent that you are authorized to use the payment method; authorize the Company to charge the full amount of the Order, including applicable taxes and fees; and agree to keep payment information accurate and current.

4.3 Taxes

You are responsible for all sales, use, excise, value-added, and similar taxes arising from or in connection with your purchase, excluding taxes based on the Company's net income. Where we are required to collect such taxes, they will be added to your Order at checkout.

4.4 Order Acceptance and Errors

Your submission of an Order constitutes an offer to purchase, which we may accept or decline at our sole discretion. We reserve the right to correct pricing errors, typographical errors, and inventory errors, and to limit the quantity of any product or service available to any User. In the event of a material error, we may cancel the affected Order and refund any amount charged.

4.5 Chargebacks

If you initiate a chargeback or payment dispute, we reserve the right to suspend your Account and revoke access to all Content and Certificates pending resolution; void any Certificates issued in connection with the disputed Order; recover reasonable costs of responding to the chargeback, including processor fees; and pursue collection of any amounts determined to be owed. Chargebacks without prior good-faith effort to resolve the dispute directly with us constitute a material breach of this Agreement.

05Refund Policy

5.1 Conditions for Refund

Because Content is delivered digitally and is immediately consumable, all sales are final except as expressly provided in this Section 5 or as required by applicable law. A refund request may be considered if all of the following conditions are met:

• the request is submitted in writing to our support email within fourteen (14) days of the purchase date;
• no Learner on the Order has begun, attempted, or completed the course (a course is considered "begun" upon the first SCORM launch, exam attempt, or Certificate issuance, whichever is earliest);
• no Certificate has been downloaded, issued, printed, or shipped;
• the request identifies a documented technical defect, a duplicate charge, or another good-faith basis for refund.

5.2 Non-Refundable Items

The following are non-refundable under all circumstances:

• any course, Seat, or Certificate for which access has been granted and any SCORM session has been launched;
• any course, Seat, or Certificate issued more than fourteen (14) days prior to the request;
• custom-priced or negotiated enterprise Orders, unless otherwise stated in a written agreement;
• processing, administrative, transaction, or shipping fees;
• physical wallet cards or printed certificates that have been produced or shipped;
• state-specific compliance courses once access has been granted;
• Orders cancelled due to your violation of this Agreement.

5.3 Employer Orders

For Employer Orders, refund eligibility is evaluated on a per-Seat basis. Unstarted Seats may be eligible for refund or credit within the 14-day window; started Seats are not. Bundled discounts may be recalculated if partial refunds bring the Order below the bundle threshold.

5.4 Form of Refund

Approved refunds will be processed to the original payment method within a commercially reasonable time. We may, at our discretion, offer account credit in lieu of a cash refund. Refunds do not include any processor fees, chargeback fees, or taxes that are non-recoverable.

5.5 Sole Remedy

The refund rights set forth in this Section 5 are your sole and exclusive remedy for dissatisfaction with the Services or Content, to the maximum extent permitted by law.

06Course Access, Completion, and Certificates

6.1 Access Period

Each course enrollment includes an access period that begins at purchase and ends on the earlier of Certificate issuance, the expiration date stated at the time of purchase, or the date this Agreement or your Account is terminated. After expiration, Content will no longer be accessible. Employers are responsible for ensuring that Learners complete courses within the applicable access period.

6.2 Technical Requirements

You are responsible for providing and maintaining the hardware, software, internet connectivity, and bandwidth required to access the Services, including a SCORM-compatible browser environment. We are not responsible for interruptions, degraded performance, or failed completions caused by inadequate connectivity, incompatible devices, browser extensions, corporate firewalls, content filters, or third-party outages.

6.3 Examinations and Academic Integrity

Certain courses require passage of a written examination. By attempting an examination, you certify that you are the individual identified on the Account; you are taking the examination yourself without substitution, assistance, or collaboration; you are not using unauthorized materials, tools, or artificial intelligence systems to generate or retrieve answers; and you will not share, post, reproduce, or disclose examination questions, answers, or test banks to any third party. Violation voids the examination, voids any resulting Certificate, and may result in Account termination and legal remedies.

6.4 Certificate Issuance

Upon successful completion of a course and, where applicable, passage of the required examination, a Certificate will be made available for download through your Account. Certificates are issued in the name provided on the Account at the time of completion; you are solely responsible for ensuring that name is correct and matches the legal name of the Learner. Replacement Certificates issued due to name errors caused by User input may be subject to an administrative fee.

6.5 No Guarantee of Regulatory Sufficiency or Third-Party Acceptance

You acknowledge that the Company makes no representation, warranty, or guarantee that any course or Certificate (a) satisfies the training requirements of any specific federal, state, local, provincial, or international regulation as applied to your specific workplace, role, or industry; (b) will be accepted by any employer, general contractor, client, insurer, government agency, regulatory authority, or third-party compliance verifier; (c) will result in any specific business outcome, including prequalification, contract award, audit clearance, Experience Modification Rate (EMR) reduction, insurance premium reduction, incident prevention, or legal defense; or (d) is a substitute for hands-on, site-specific, task-specific, or equipment-specific training required by law or industry standard.

Employers and Learners are solely responsible for determining what training is required for their workplace, verifying that the courses they purchase satisfy those requirements, supplementing online training with any required site-specific or hands-on training, and maintaining the records necessary to demonstrate compliance.

6.6 Validity Periods and Recertification

Certificates carry validity periods set by the underlying course, regulation, or industry standard, and typically require periodic recertification. It is the Learner's and Employer's responsibility to track validity periods and obtain recertification before expiration. The Company may provide expiration reminders as a courtesy; however, reliance on such reminders is not a substitute for your own recordkeeping.

07Employer Accounts, Learners, and Data

7.1 Employer Responsibility

Employers that purchase Seats, invite Learners, assign courses, or otherwise administer training through the Services are responsible for providing accurate Learner contact information; obtaining all necessary consents, notices, authorizations, and disclosures required under applicable laws (including employment, privacy, and data protection laws) before transmitting Learner information to the Company; the lawful assignment of courses appropriate to each Learner's role; enforcing their own acceptable-use, integrity, and confidentiality policies with respect to Learners; and paying all fees incurred by their Learners.

7.2 Employer Representations and Warranties

Each Employer represents and warrants that it has the legal right to transmit Learner information to the Company for the purposes contemplated in this Agreement; it has provided any notices and obtained any consents required under applicable law; its Learners are bona fide employees, contractors, or individuals with a legitimate business relationship with the Employer; and it will not use the Services as a reseller, aggregator, or broker of training to unrelated third parties.

7.3 Learner Data

Learner personal information submitted by or on behalf of an Employer will be processed in accordance with our Privacy Policy and this Agreement. Progress, completion, and Certificate data generated within an Employer Account is visible to the Employer's designated Admins. Learners who are invited by an Employer acknowledge that the Employer may view their progress, scores, completion dates, and Certificate status, and that this Agreement applies to them. Employers are the controllers of their Learner data for purposes of applicable privacy laws; the Company acts as a processor or service provider with respect to that data.

7.4 Employer Indemnification Regarding Learners

Employer shall indemnify, defend, and hold harmless the Company from any claims brought by Learners, former Learners, or third parties arising out of the Employer's use of the Services, the Employer's internal policies, the Employer's communications with Learners, or the Employer's assignment, administration, or enforcement of training.

7.5 Account Admin Changes

Where an Employer Admin leaves the Organization, becomes unavailable, or loses authority, the Employer is responsible for promptly notifying the Company, removing the individual from the Account, and designating a replacement. The Company may rely in good faith on instructions from any individual authenticated to an Employer Admin Account and shall have no liability for acting on such instructions.

08Physical Products and Fulfillment

8.1 Wallet Cards and Printed Certificates

Certain courses include a physical wallet card or printed Certificate. Physical fulfillment is performed after successful completion and, where applicable, successful examination. Shipping times are estimates and are not guaranteed. The Company is not responsible for delays caused by carriers, customs, addressing errors submitted by the User, or force majeure events. Risk of loss passes to you upon delivery to the carrier.

8.2 Shipping Addresses

You are responsible for providing a complete and accurate shipping address. Reshipment due to address errors is at your expense.

8.3 Damaged or Lost Shipments

Claims of damaged or lost shipments must be submitted in writing within thirty (30) days of the estimated delivery date. Replacement is the Company's sole obligation and your sole remedy.

09Intellectual Property

9.1 Ownership

The Services, all Content, and all associated intellectual property rights are and shall remain the exclusive property of the Company and its licensors. All rights not expressly granted to you in this Agreement are reserved. No title or ownership is transferred to you by virtue of your use of the Services or payment of any fees.

9.2 Trademarks

"Rapid Training Solutions," the Rapid Training Solutions logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates. You may not use any such marks without our prior written consent. All other trademarks appearing on the Services are the property of their respective owners.

9.3 Feedback

If you submit suggestions, ideas, feedback, or other input regarding the Services ("Feedback"), you grant the Company a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, sublicensable license to use, reproduce, distribute, modify, and exploit the Feedback for any purpose, without compensation or attribution.

9.4 Digital Millennium Copyright Act

The Company complies with the Digital Millennium Copyright Act. If you believe that Content on the Services infringes your copyright, please submit a notice to our designated agent at the contact information set forth in Section 23. Notices must comply with 17 U.S.C. § 512(c)(3). We may terminate the Accounts of repeat infringers.

10User Content and Conduct

10.1 User Content

You may have the opportunity to submit information, messages, reviews, or other content through the Services ("User Content"). You retain ownership of your User Content, subject to the license granted below. You grant the Company a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable license to use, host, store, reproduce, modify, adapt, publish, translate, display, and distribute your User Content solely for the purpose of operating, providing, improving, and promoting the Services.

10.2 Prohibited Conduct

In addition to the restrictions in Section 3.2, you shall not impersonate any person or entity or misrepresent your affiliation; harass, abuse, or threaten others; post or transmit unlawful, obscene, discriminatory, or harmful content; collect or harvest information about other Users; use the Services to send unsolicited commercial communications; interfere with the security or integrity of the Services; or engage in any activity that, in the Company's judgment, may harm the Services, the Company, or other Users.

11Privacy

Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into this Agreement by reference. By using the Services, you consent to the processing described in the Privacy Policy. Where Employers submit Learner information, Section 7 applies in addition to the Privacy Policy.

12Third-Party Services and Links

The Services may contain links to, or rely on, third-party websites, services, or content, including payment processors, SCORM delivery platforms, email providers, and analytics providers. The Company does not control and is not responsible for the availability, content, privacy practices, or terms of any third-party service. Your use of any third-party service is at your own risk and subject to the third party's terms.

13Disclaimers

13.1 "AS IS" AND "AS AVAILABLE." The Services and all Content are provided on an "as is" and "as available" basis, with all faults and without warranty of any kind, express or implied. To the fullest extent permitted by applicable law, the Company and its affiliates, officers, directors, employees, agents, contractors, licensors, and suppliers (the "Company Parties") expressly disclaim all warranties, including the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, quiet enjoyment, and any warranties arising from course of dealing, usage, or trade practice.

13.2 NO WARRANTY OF UNINTERRUPTED OR ERROR-FREE OPERATION. The Company Parties do not warrant that the Services will be uninterrupted, timely, secure, error-free, free of viruses or other harmful components, or compatible with your hardware or software, or that defects will be corrected.

13.3 NO WARRANTY OF REGULATORY SUFFICIENCY OR OUTCOMES. Without limiting Section 6.5, the Company Parties do not warrant that any course, Certificate, or training record will satisfy any particular legal, regulatory, contractual, or compliance requirement, will be accepted by any third party, or will prevent injury, incident, citation, loss, or liability.

13.4 NOT LEGAL OR SAFETY ADVICE. Content is provided for general educational purposes only and does not constitute legal, medical, engineering, or professional safety advice. You must not rely on Content as a substitute for consultation with qualified professionals familiar with your specific circumstances. Safety training requires hands-on, site-specific, and supervised application; online training alone is not sufficient to demonstrate competency in many regulated activities.

13.5 THIRD-PARTY CONTENT. The Company Parties make no warranties regarding third-party Content and disclaim all liability for the accuracy, availability, or fitness of such Content.

Some jurisdictions do not allow the exclusion of certain warranties. To the extent such exclusions are prohibited, the relevant warranties are limited to the minimum scope and duration required by law.

14Limitation of Liability

14.1 EXCLUSION OF DAMAGES. To the fullest extent permitted by applicable law, in no event shall the Company Parties be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, business opportunity, use, data, reputation, or other intangible losses, arising out of or relating to this Agreement, the Services, or any Content, whether based on contract, tort (including negligence), strict liability, statute, or any other legal theory, and whether or not the Company Parties have been advised of the possibility of such damages.

14.2 EXCLUSION OF PERSONAL-INJURY-TYPE DAMAGES. Without limiting the foregoing, the Company Parties shall not be liable for any bodily injury, death, property damage, workplace incident, OSHA or other regulatory citation, fine, penalty, insurance loss, or litigation expense arising out of or relating to the use, misuse, or reliance upon any Content, Certificate, or training record. Responsibility for workplace safety rests with the Employer and the individual performing the work.

14.3 CAP ON LIABILITY. To the fullest extent permitted by applicable law, the aggregate liability of the Company Parties arising out of or relating to this Agreement, the Services, or any Content, whether in contract, tort, or otherwise, shall not exceed the greater of (a) the total amount paid by you to the Company for the specific Order giving rise to the claim during the six (6) months immediately preceding the event giving rise to the claim, or (b) one hundred United States dollars ($100). Multiple claims shall not expand this cap.

14.4 BASIS OF THE BARGAIN. You acknowledge that the fees charged by the Company reflect the allocation of risk set forth in this Agreement and that the Company would not enter into this Agreement without these limitations. These limitations will apply even if any limited remedy fails of its essential purpose.

14.5 JURISDICTIONAL LIMITS. Some jurisdictions do not allow the exclusion or limitation of certain damages. To the extent such limitations are prohibited, the Company Parties' liability is limited to the minimum extent permitted by law.

15Indemnification

You shall defend, indemnify, and hold harmless the Company Parties from and against any and all claims, demands, actions, proceedings, losses, liabilities, damages, judgments, settlements, fines, penalties, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to: your access to or use of the Services or Content; your breach or alleged breach of this Agreement; your violation of any law or third-party right; User Content submitted by you; your assignment, administration, or enforcement of training to Learners; any Employer's collection, disclosure, or use of Learner information; any workplace incident, injury, or regulatory action connected in any way with training delivered through the Services; or any unauthorized use of your Account. The Company reserves the right, at your expense, to assume exclusive defense and control of any matter subject to indemnification.

16Term and Termination

16.1 Term

This Agreement begins on your first access to the Services and continues until terminated.

16.2 Termination by You

You may terminate this Agreement at any time by ceasing use of the Services and closing your Account. Termination does not entitle you to any refund except as expressly provided in Section 5.

16.3 Termination by Company

We may suspend or terminate your Account and this Agreement at any time, with or without notice, for any reason, including for breach of this Agreement, suspected fraud, non-payment, chargeback activity, or conduct that we determine, in our sole discretion, is harmful to us, other Users, or third parties.

16.4 Effect of Termination

Upon termination, your right to access the Services and Content immediately ceases; we may delete or retain User Data in accordance with our Privacy Policy and applicable law; outstanding fees become immediately due; any Certificates already issued remain valid subject to their own validity periods, except where termination is due to fraud, cheating, or other material breach, in which case such Certificates may be revoked; and provisions that by their nature should survive termination will survive, including Sections 3.2, 4.5, 9, 13, 14, 15, 17, 18, 19, 20, and 22.

17Confidentiality

To the extent you receive or have access to non-public information of the Company or its licensors, including pricing, technical information, course structure, business methods, test banks, examination questions, or other proprietary material ("Confidential Information"), you shall hold it in strict confidence; use it only in connection with authorized use of the Services; and not disclose it to any third party. This obligation survives termination. Unauthorized disclosure of test banks, examination questions, or answer keys shall entitle the Company to injunctive relief in addition to all other remedies.

18Compliance with Laws; Export Control

You shall comply with all applicable federal, state, and local laws, regulations, and orders in connection with your use of the Services, including laws relating to employment, discrimination, privacy, data protection, anti-bribery, consumer protection, and accessibility. You shall comply with all United States export control laws, including the Export Administration Regulations and sanctions programs administered by OFAC. You represent and warrant that you are not located in, under the control of, or a national or resident of any country subject to U.S. embargo and that you are not on any U.S. government list of prohibited or restricted parties.

19Governing Law and Venue

This Agreement, and any dispute arising out of or relating to it or the Services, shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to Section 20, the exclusive venue for any action not subject to arbitration shall be the state or federal courts located in King County, Washington, and you consent to personal jurisdiction and venue in those courts.

20Dispute Resolution; Binding Arbitration; Class Action Waiver

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court and to have a jury hear your claims.

20.1 Informal Resolution

Before filing any claim, the parties shall attempt in good faith to resolve any dispute informally for at least thirty (30) days after written notice of the dispute is delivered to the other party.

20.2 Binding Arbitration

Except as provided in Section 20.5, any dispute, claim, or controversy arising out of or relating to this Agreement, the Services, or any Content (a "Dispute") shall be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules or, if the Dispute is a consumer dispute, the AAA Consumer Arbitration Rules. The arbitration shall be conducted by a single arbitrator with substantial experience in commercial, technology, or e-learning matters. The seat of the arbitration shall be King County, Washington, and proceedings may be conducted remotely. Judgment on the award may be entered in any court of competent jurisdiction.

20.3 Class Action Waiver

You and the Company agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative action. Unless both parties agree in writing, no arbitrator or judge may consolidate claims or preside over any form of a class, collective, or representative proceeding.

20.4 Jury Trial Waiver

To the fullest extent permitted by law, you and the Company each knowingly and voluntarily waive the right to a trial by jury of any dispute.

20.5 Exceptions

Either party may bring an individual action in small claims court for claims within its jurisdictional limits, and seek injunctive, equitable, or other non-monetary relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or breach of Section 3.2 or Section 17.

20.6 Opt-Out

You may opt out of the arbitration and class action waiver provisions of this Section 20 by sending written notice of your decision to opt out to the Company's address below within thirty (30) days of first accepting this Agreement. The notice must include your name, mailing address, email, and a clear statement that you wish to opt out. If you opt out, the remainder of this Agreement will continue to apply.

20.7 Time Limitation

Any claim arising out of or relating to this Agreement or the Services must be commenced within one (1) year after the cause of action accrues, or such shorter period as may be required by applicable law.

21Notices and Electronic Communications

You consent to receive communications from the Company electronically, including by email and through notices posted on the Services. Electronic communications satisfy any legal requirement that such communications be in writing. Notices to you may be provided to the email address on file for your Account. Notices to the Company must be sent to the address set forth in Section 23 and are effective upon receipt.

22General Provisions

22.1 Entire Agreement

This Agreement, together with any Order confirmations, the Privacy Policy, and any other policies expressly incorporated herein, constitutes the entire agreement between you and the Company with respect to the Services and supersedes all prior or contemporaneous communications and proposals. Any purchase order terms or other pre-printed terms submitted by an Employer shall be of no force or effect.

22.2 Severability

If any provision of this Agreement is held unenforceable, the remaining provisions shall remain in full force and effect, and the unenforceable provision shall be modified to the minimum extent necessary to make it enforceable and to reflect the parties' original intent.

22.3 Waiver

No waiver of any provision of this Agreement shall be effective unless in writing and signed by an authorized representative of the party against whom the waiver is sought. Failure to enforce any provision is not a waiver.

22.4 Assignment

You may not assign or transfer this Agreement or any rights or obligations hereunder, by operation of law or otherwise, without the Company's prior written consent. The Company may assign this Agreement at any time without notice, including in connection with a merger, acquisition, financing, or sale of assets.

22.5 Force Majeure

The Company shall not be liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, war, terrorism, civil disturbance, pandemic, government action, labor disputes, internet or power outages, denial-of-service attacks, failures of third-party service providers, or force majeure events affecting suppliers or licensors.

22.6 Relationship of the Parties

The parties are independent contractors. Nothing in this Agreement creates any agency, partnership, joint venture, employment, or franchise relationship.

22.7 No Third-Party Beneficiaries

Except as expressly provided with respect to third-party licensors in Section 3.3, this Agreement is for the sole benefit of the parties and does not confer any rights on any third party.

22.8 Headings and Interpretation

Section headings are for convenience only and do not affect the interpretation of this Agreement. The words "include" and "including" are not limiting.

22.9 Construction

The parties acknowledge that this Agreement has been negotiated at arm's length and shall not be construed against any party as the drafter.

23Contact Information

Questions, notices, and legal communications should be directed to: