Terms and Conditions
TERMS AND CONDITIONS
Last Updated on 2/26/2025
NOTICE: Please read the terms and conditions set forth below, which are legally binding. By visiting, viewing or using this website and/or by using any program, product, course or service from us, you agree to be bound by these Terms and Conditions and our Privacy Policy and Disclaimer.
PLEASE READ THE SECTIONS TITLED “DISPUTE RESOLUTION AND ARBITRATION” AS THEY AFFECT YOUR LEGAL RIGHTS.
Entry Engineer, https://entryengineer.com (“website”), which is operated by Course Clash LLC dba Entry Engineer (“Company”), provides certain information (as described below) for visitors to our website and users of our products and services in accordance with the following terms and conditions (“Terms and Conditions”). The term “you” refers to any visitor, viewer or user of the website and/or any user of any free or paid program, product, course or service (including without limitation certain exams and certification) of the Company (individually and collectively, “Product(s)”).
By viewing, visiting or using the website and/or any Product and any other property owned or licensed by Company (collectively, including website and Products, “Company Property” as further defined below), you indicate your acceptance and agreement to be bound by these Terms and Conditions and our Privacy Policy and Disclaimer, which are hereby incorporated by reference (collectively, this “Agreement”). If you do not accept the terms and conditions of this Agreement, then please do not use the website, any Products or any other Company Property. Unless otherwise specified, all references to “website and/or Products” will include all other types of Company Property that is relevant or applicable to the particular term or language, all as determined by Company in its sole discretion.
We reserve the right to amend this Agreement at any time without notice to you. We will alert you to any changes by posting the effective date of the latest version at the top of this page, at which point any changes will become immediately effective. It is your responsibility to check for updates, as your continued use of the website or any Products after this Agreement is amended will constitute your acceptance and agreement to continue to be bound by this Agreement, as amended.
1. UNITED STATES AND ADULT USE ONLY
The website is intended only for individuals over the age of 18 (“Minimum Age”) residing in the United States. If other applicable laws require you to be older than the above-mentioned Minimum Age in order to use or access this website, any Products or other Company Property offered by us, then the Minimum Age will be the older age under such applicable laws. We do not make any representations that this website and all Company Property are appropriate or available for use outside of the United States. If you access the website or any of our Products from outside of the United States, you do so at your own risk and on your own initiative. It is solely your responsibility to ensure compliance with applicable laws in your specific jurisdiction.
2. DISCLAIMERS
2.1. NO PROFESSIONAL ENGINEERING LICENSE/CERTIFICATION
Our certifications (including without limitation any digital badges and the like) and exams do not provide certifications or licenses for any type of "Professional Engineer" positions or careers that need licensing or government-mandated certification, which include but is not limited to those for a Structural Engineer, Civil Engineer, Electrical Engineer, Mechanical Engineer, Agricultural Engineer, Chemical Engineer, Control Systems Engineer, Fire Protection, Industrial Engineer, Metallurgical, Nuclear Engineer, Petroleum Engineer, Traffic Engineer, etc. Our certifications do not in any way provide a “Professional Engineer” (“PE”) license and are by no means any substitute or replacement for Professional Engineer licenses or certifications.
You acknowledge and agree that your ability to pass any of the Company’s exams or obtain the Company’s certifications, digital badges or the like does NOT in any way mean that the Company grants you the right or ability to label or call yourself a “Professional Software Engineer”, “Professional AI Engineer”, (or any other designation preceded by the word (or something similar to) “Professional.” Further, the Company does not acknowledge or endorse any designation by you as a “Professional Engineer” of any type upon your passing of any of our exams or receipt of any of our certifications, digital badges or the like.
2.2. NO GUARANTEES
The Products (including, without limitation, any certifications, exams, or related Company Property) provided by the Company are not designed or intended to qualify or guarantee users for employment or any other form of success. Our Products offer a broad, non-exhaustive overview of entry-level topics across various fields—such as software engineering, data engineering, AI engineering, IT support, and more—as of the time they are published. While our primary offerings consist of exams aimed at helping users gauge their knowledge, they should be viewed purely as educational tools and not as assurances of specific career outcomes.
All content provided by us is based on the Company’s personal and direct proficiency, experience and cumulative knowledge of subjects presented through the Products and any related Company Property.
The Company makes no representations or warranties regarding the accuracy and/or completeness of any content provided through the Products or other Company Property.
Any user’s individual problems or questions regarding any technical subjects presented through our Products should always be referred to the user’s specific and personal contacts knowledgeable in such subject matter.
You alone are responsible and accountable for your decisions, actions and results, and by your use and/or access to the Products and any other Company Property, you acknowledge and agree not to attempt to hold the Company liable for your decisions, actions or results, at any time, under any circumstance.
3. Accounts
3.1. Account Creation. In order to use certain Products and related Company Property, You may register for an account (“Account”) and provide certain information about Yourself. You represent and warrant that: (a) all required registration information You submit is truthful and accurate; (b) You will maintain the accuracy of such information. You may delete Your Account at any time, for any reason, by following the instructions in the Products. We may suspend or terminate Your Account as permitted in this Agreement.
3.2. Account Responsibilities. You are responsible for maintaining the confidentiality of Your Account login information and are fully responsible for all activities that occur under Your Account. You agree to immediately notify Us of any unauthorized use, or suspected unauthorized use of Your Account or any other breach of security. You acknowledge and agree that We will not be liable for any loss or damage arising from Your failure to comply with these requirements.
4. PRODUCTS
Our products are offered by Course Clash LLC dba Entry Engineer and not certified or accredited by a third-party process. We believe our products have rigorous standards, quality, and fair price points.
5. FEES
When you purchase any Product through this website or other Company Property, you are responsible for all applicable fees and taxes. It is your responsibility to provide complete, accurate and up-to-date billing and credit card information. If you are on a payment plan or recurring payment, it is your responsibility to keep an up-to-date payment method with us. If your payment method is declined or expired, you hereby agree to pay all applicable fees and taxes due upon demand. You also agree to pay all costs of collection efforts and services, including but not limited to reasonable attorney’s fees, on any outstanding balance.
6. Payment Processors
We utilize the services of third-party payment processors (“Processors”) to handle Your purchases of certain Products, and in such cases, We do not store Your credit card or other payment method information. Such Processors may require You to store credit card or other sensitive, personal information. We make no warranties or representation with respect to any Processor and their ability to safeguard Your information. It is important that You review the Processor’s terms of use and privacy policy prior to using their services.
7. NO REFUNDS
We reserve the right to change our refund policy at any time. We do not offer refunds for any of our Products under any circumstances. We believe we provide products and services that are high-quality and at a reasonable price point.
8. OUR COMMUNICATIONS WITH YOU
By signing up for an account, you agreed to receiving our newsletter, promotional offers, product updates, new products, marketing e-mails, and other communications. You can opt-out at any time pursuant to our Privacy Policy.
9. VISITOR AND USER GUIDELINES
We have established certain guidelines to keep our community safe (“Guidelines”). By visiting or using the website or any Product, you agree to abide by these Guidelines, which are as follows:
a) You will comply with all applicable laws;
b) You will not upload, post, send, email, or otherwise make available any information or content which in any way infringes any copyright, trade secret, trademark, right of publicity, privacy, property or other intellectual property or proprietary rights, or any information or content which you do not have the right to make available, through any law, contractual or fiduciary relationship or otherwise;
c) You will not act in any way that is fraudulent, false, misleading, deceitful or deceptive, such as by impersonating another individual or falsifying your association with an individual or entity;
d) You will not upload, post, send, email, or otherwise make available any material or behave in any manner which could be perceived (as solely determined by Company) as harassing, demeaning, violent, threatening, “stalking”, defamatory, sexually explicit, abusive, vulgar, discriminatory, hate speech, obscene, indecent or otherwise objectionable;
e) You shall not infringe on anyone’s intellectual property rights (including privacy and publicity rights), defame anyone, impersonate anyone, or otherwise violate the rights of a third party;
f) You shall not share videos or any other content, information or programs accessed through the Company Property with any third parties;
g) You will not upload, post, send, email, or otherwise make available any material which would reveal the personal information of another individual;
h) You will not behave in any manner which could limit or otherwise impact any other person’s use or enjoyment of the website and/or any Product, all of which include applicable parts of the Company Property;
i) You will not engage in any unsolicited or unauthorized advertising nor will you send any spam;
j) You will not attempt to gain unauthorized access to any portion of the website or any of the Products or any other part of Company Property;
k) You will not engage in or encourage others to engage in any activity which would violate any law, constitute a criminal offense, give rise to civil liability, or infringe on the rights of any third party;
l) You will not send any materials which contain viruses, devices, information collection or transmission mechanisms, trojan horses, worms, time-bombs, adware, keystroke loggers or any other programs or code which would be harmful to, interfere with or attempt to interfere with our systems;
m) You will not engage in market research or any research intended to help a competitor;
n) You will not deploy any automated query program, such as a bot or spider, at any time or for any purpose without our express written consent;
o) You will not block or cover any advertisements on the website or any other part of Company Property;
p) With the exception of any personal information you share (which is covered under our Privacy Policy), once you upload, post, send, email, or otherwise make available any material, we have the right to display, repurpose or otherwise use such material in any way;
q) You will use any information, materials or programs used or purchased through any Product or other parts of Company Property solely for your personal and non-commercial use and all such information, materials and programs may not be copied, shared, or otherwise distributed to any third party;
r) You shall not do anything else that the Company believes (in its sole discretion) could harm or negatively affect the company or any third party; and
s) You will notify us through the contact information provided below if you know or have reason to know that a violation of any of our Guidelines has occurred.
We reserve the right to deny you access to the website and any Products in our sole discretion at any time and for any reason.
10. COMPANY’S INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS
10.1. You acknowledge and agree that the Company’s name, trademarks and branding and its website and all content and Products contained on or in connection with the website and/or the Company (including without limitation on mobile apps or third party social media platforms), including but not limited to videos, coursework (and related certifications, exams and other materials or information), training and testing modules, photographs, sound recordings, images, digital content, newsletter, certifications and digital badges (and the like), material available as a free or paid download, software, text, graphics and other material, are owned or licensed by Course Clash LLC dba Entry Engineer and are protected by copyright, trademarks (whether registered or unregistered), design rights, database rights, trade secrets, patent and all other intellectual property and proprietary rights afforded to us (“Company Property”).
10.2. You may view and have access to our Company Property only for your own personal and non-commercial use, and you agree to abide by the following at all times:
a) Our Company Property must be kept intact with all proper and appropriate copyright and other intellectual property and proprietary notices; and
b) You may not license, sell, rent, lease, transfer, assign, distribute, host, reproduce, resell, distribute, publicly perform, modify, create derivative works, disassemble, decompile, reverse compile or reverse engineer, translate, transmit, post, republish, exploit, copy or otherwise use, in whole or in part, our Company Property.
10.3. You shall not access the Company Property in order to build a similar or competitive platform, application, website, product or service.
10.4. You shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any part of the Company Property.
10.5. You shall not hack or modify any part of the Company Property to set up robots to automate or otherwise manipulate content within the Company Property.
10.6. You shall not hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of any part of our Company Property, or any property, product or service of any of our suppliers, vendors or third-party contractors or service providers (“Suppliers”), users or any other third parties.
10.7. Neither this Agreement nor your access to or use of the Products transfers to you or any third party any rights, title or interest in or to our Intellectual Property, except for the limited access rights expressly set forth in these Agreement. We and our licensors (as applicable) reserve all rights not expressly granted in this Agreement. There are no implied licenses granted under these this Agreement.
10.8. You are not permitted to use any of our Intellectual Property in any way without the prior written consent of us or our applicable licensor for each specific instance of such specific use. No broad and/or general consent from us will ever be valid and enforceable.
11. NO WARRANTIES
11.1. THE PRODUCTS AND ALL OTHER COMPANY PROPERTY ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THE PRODUCTS AND ANY OTHER COMPANY PROPERTY WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PRODUCTS AND ALL OTHER COMPANY PROPERTY, ALL SUCH WARRANTIES SPECIFICALLY REQUIRED BY APPLICABLE LAW AND SPECIFICALLY FOR A PRODUCT UNDER SUCH APPLICABLE LAW ONLY - ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF FIRST USE.
11.2. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
12. LIMITATION OF LIABILITY
12.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE PRODUCTS OR ANY OTHER COMPANY PROPERTY, EVEN IF EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO AND USE OF THE PRODUCTS AND ANY OTHER COMPANY PROPERTY IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
12.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR USE OF THE PRODUCTS OR WEBSITE OR ONE HUNDRED DOLLARS ($100) (WHICHEVER GREATER), PROVIDED YOU DO NOT HAVE ANY THEN-EXISTING PAYMENT OBLIGATIONS TO THE COMPANY. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
12.3. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS SECTION AND ANY OTHER RELEVANT TERMS IN THIS AGREEMENT.
12.4. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
12.5. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH IN THESE TERMS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU.
13. Release and WaiverS
13.1. Release. You hereby release and forever discharge Us (and Our officers, employees, independent contractors, agents, representatives, affiliates, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services (including any interactions with, or act or omission of, other Services users or any Third-Party Links and Advertisements).
13.2. Residents of California. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER [OR THEY] FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER [OR THEM] MUST HAVE MATERIALLY AFFECTED HIS OR HER [OR THEIR] SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
13.3. Jurisdictions Prohibiting Company’s Limitation of Liability. Notwithstanding any provision of this Agreement (including without limitation those in Sections 11, 12 and 13), if Your jurisdiction has laws or regulations specific to waiver or liability that conflict with this Section then Our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by Our negligence or that of any of Our officers, employees or independent contractors; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
14. INDEMNIFICATION
14.1. You shall indemnify, defend and hold harmless the Company and our affiliates, and our respective directors, contractors, successors, joint venture partners, shareholders, agents, affiliates, officers, employees, assignees and licensees from and against any and all damages, liabilities, losses, costs and expenses resulting from any suits, proceedings, judgments, demands, causes of action and claims (collectively, the “Claims”), including legal and accounting fees and expenses and all reasonable attorneys’ fees, whether or not involving a third party claim, to the extent arising out of, relating to or resulting from: (i) your use or misuse of the Products or any other Company Property, (ii) your breach of this Agreement or violation of applicable laws, or (iii) your violation of any third party rights, including without limitation any copyright, trade secret, trademark, right of publicity, privacy, property or other intellectual property or proprietary rights.
14.2. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. Our failure to promptly notify you as to the existence of an indemnifiable claim will not relieve your applicable indemnification obligations, except to the extent that such failure or delay is prejudicial. You agree to cooperate and assist us in defending any such Claim.
15. LIMITED LICENSE
15.1. Notwithstanding any other provisions in this Agreement, if you purchase any Products or download any of our Products, we grant you a limited, non-sublicensable, non-transferable, non-exclusive, revocable license (“License”) to use or access the Products for your personal and non-commercial use. You may not reproduce, resell, distribute, create derivative works, translate, transmit, post, republish, exploit, copy or otherwise use our Products for any commercial or non-personal use.
15.2. Your License is for individual use. You have no right to assign any of your rights or transfer any of your obligations under this Agreement. If we discover that any violation of the terms and conditions in this Agreement has occurred, including violation of the License granted to you, we reserve the right to immediately terminate your access to the Products and any other Company Property without notice and invoice you for any damages, all of which you agreed to be fully responsible upon your use or access to the Products and any other Company Property.
16. CONFIDENTIAL INFORMATION
Please do not upload, post, send, email, or otherwise make available any material that contains any confidential information.
17. WEBSITE AVAILABILITY
Your access to the website or Products or other Company Property may be occasionally restricted, such as when we need to make repairs or are introducing new features. Your access to all such Company Property may also become permanently disabled, such as if we decide to terminate the operation of the website or Products or other Company Property. We cannot guarantee that you will have continuous access to the website or Products or other Company Property.
18. Electronic Communications
The communications between you and the Company use electronic means, whether you use the website, Products or any other Company Property or send us emails, or whether we post notices on the Products or Company Property or communicate with you via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
19. GOVERNING LAW
All matters relating to or arising out of this Agreement shall be governed by and construed and interpreted under the laws of the State of California, United States of America without regard to conflicts of laws principles that would require the application of any other law.
20. Dispute Resolution and Arbitration
20.1 Governing Law. The Agreement and the resolution of any “Dispute” shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.
20.2 Time Limits. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to Your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
20.3 Informal Dispute Resolution Required. We want You to reach out to Us if You have any concerns or complaints rather than feeling like You need to initiate a formal legal case. Before filing a claim against Company, You agree to try to resolve the Dispute informally by sending to legal@entryengineer.com a written “Notice of Dispute” (“Notice”) describing the nature and basis of the claim or dispute, your phone number and formal mailing address, and the requested relief. After We receive the Notice, We will try to resolve the Dispute informally by contacting you through email or telephone. If a Dispute is not resolved within ninety (90) days after the date We contact you informally, You or Company may bring a formal proceeding as permitted in this Section 20. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
20.4 Arbitration Agreement for U.S. Arbitration. All “Arbitration Cases,” which means all claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Agreement or the use of any product or service provided by Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis in accordance with Section 20.4(a).
(a) U.S. Arbitration Rules. If an Arbitration Case involves a User based or residing in the U.S. or use of the subject Company product or service occurred in the U.S., then arbitration shall be initiated through the “American Arbitration Association” (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this Section 20. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Agreement.
(b) Unless otherwise agreed to in writing by both parties, all arbitration proceedings shall be held in English.
(c) The arbitration requirements for all Arbitration Cases shall apply to You and Company, and to any subsidiaries, affiliates, agents, employees, independent contractors, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Agreement.
(d) The arbitration shall be conducted by a single, neutral arbitrator, unless the claim exceeds $100,000.00, in which case the arbitration shall be conducted by a panel of three arbitrators. All such arbitrators shall be or was an attorney and has professional experience in digital technology, fitness and nutrition and social media-related and fitness and nutrition related services and platforms.
(e) Within twenty (20) days after the commencement of arbitration, each party shall select the applicable number of persons to serve as arbitrator. If the parties cannot mutually agree in good faith (and in writing) to the selection of the arbitrator(s) within this 20-day period, the AAA shall, at the written request of any party, complete the appointments that have not been made.
(f) The Expedited Procedures under the AAA shall apply in any Arbitration Case in which no disclosed claim or counterclaim exceeds $100,000.00, not including interest or reasonable attorney’s fees and arbitration costs.
(g) Any claims or disputes where the total amount of the award sought is less than ten thousand U.S. dollars (US $10,000.00) may be resolved, under the AAA, through binding non-appearance-based arbitration, at the option of the party seeking relief. Accordingly, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed in writing by the parties.
(h) For Arbitration Cases with the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the arbitration rules under the AAA. Any hearing will be held in a location within 100 miles of Our principal place of business, unless the parties agree otherwise in writing. If You reside outside of California, the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings and whether virtual appearance or attendance by either party is permitted. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction located within 100 miles of Our principal place of business. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider, unless the arbitrator determines Your claim is frivolous, then We will seek for You to cover Our attorney’s fees and all fees and costs of the ADR Provider.
(i) The award for an Arbitration Case shall be made within six (6) months of the filing of the notice of intention to arbitrate (demand), and the arbitrator(s) shall agree to comply with this schedule before accepting appointment. This time limit, however, may be extended by the arbitrator(s) for good cause shown, or by mutual written agreement of the parties.
(j) Notwithstanding any language to the contrary in this Agreement, the parties agree that: (1) the award (as described in Section 20.4(i)) may be appealed pursuant to the optional appellate arbitration rules under the AAA ("Appellate Rules"); (2) such award rendered by the arbitrator(s) shall, at a minimum, be a reasoned award; and (3) such award shall not be considered final until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired. Appeals must be initiated within thirty (30) days of receipt of an award, as defined by the Appellate Rules, by filing a “Notice of Appeal” with any AAA office (whichever applicable). Following the appeal process, the decision rendered by the appeal tribunal may be entered in any court having jurisdiction thereof.
(k) If arbitration is initiated in compliance with this Section 20.4, the arbitrator(s) will decide the rights and liabilities, if any, of You and Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator(s) shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator(s) shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA, and the Agreement. The arbitrator(s) shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator(s) has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator(s) is binding upon You and Company as specified in this Section 20.4.
(l) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law.
(m)Unless otherwise specified in these Agreement, Company is not committed nor obligated to use an alternative dispute resolution entity to resolve disputes with its Users.
20.5 Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Section 20 and the Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between You and Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND Company WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
20.6 Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE USER (WHETHER AN INDIVIDUAL OR AN ORGANIZATION) CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER (WHETHER AN INDIVIDUAL OR ORGANIZATION).
20.7 Equitable Relief. Notwithstanding anything to the contrary in this Section 20, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Section 20 or the Agreement.
20.8 Claims Not Subject to Arbitration. Notwithstanding anything to the contrary in this Section 20, claims (including those related to injunctive relief) of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets (or any other intellectual property rights) or Your material breach of the Agreement pertaining to Your access to or use of the Services shall not be subject to these arbitration terms, so long as the claimant has complied with Section 20.3 (informal dispute requirement). Notwithstanding anything to the contrary in this Section 20, either party may submit to a court of law to enforce an arbitration award, and Company may submit to a court of law to enforce these Agreement or seek injunctive or equitable relief.
20.9 Courts/Jurisdiction. In any circumstances where the foregoing arbitration terms permit the parties to litigate in court, the parties irrevocably agree that jurisdiction and venue shall be that of the federal and state courts located within Sacramento, California, for such purpose, and You agree to accept service by delivery through first class mail.
20.10 If You bring a dispute in a manner other than in accordance with this Section 20, You agree that We may move to have it dismissed, and that You will be responsible for Our reasonable attorneys’ fees, court costs, and disbursements in doing so.
20.11 You agree that the unsuccessful party in any dispute arising from or relating to these Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
21. THIRD-PARTY SERVICES
We use third-party websites, software, and services to provide our website, Products and other Company Property, including without limitation certifications, exams, newsletter, and practice tests. This does not mean that we endorse them or are in any way responsible or liable for their actions. Company is not responsible or liable for any loss, damages, or conflict incurred as a result through any third-party product or service or indirectly through a third-party product or service via Company’s website or any other Company Property.
22. COPYRIGHT and Other Intellectual Property Infringement ClaimS
22.1 We take the protection of intellectual property seriously. We respect the rights of others’ content and intellectual property, and we expect our users to do the same. You agree not to copy, distribute, display or otherwise reproduce or use any of the Products or any other Company Property, as specifically prohibited in this Agreement, without obtaining our prior written permission in each such instance.
22.2 We reserve the right (in our sole discretion) to terminate and/or disable the accounts of yours and any users for materially or repeatedly infringing the intellectual property rights of ours, our Suppliers and any other third parties in accordance with all applicable laws. Claims of copyright or other intellectual property infringement can be sent to our copyright agent at legal@entry.engineer.com
22.3 Any claims of alleged copyright or other intellectual property infringement must include:
a) Identification of the intellectual property works which are the subject of the claimed infringement.
b) Identification of the claimed infringing activity, including the location within the applicable Product or Company Property of the infringing copy.
c) A statement with the signature (actual signature or electronic signature) of the person making the claim, which states that such person is the owner, or authorized to act on behalf of the owner, of the infringed intellectual property, along with current contact information, which should include such person’s name, mailing address, telephone number, and email address.
d) A statement of a good faith belief that the subject use is not authorized by the intellectual property owner.
e) A statement as follows: “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the intellectual property that is allegedly infringed.”
22.4 If a statement does not include all required elements, it will not be treated as actual notice under the U.S. Digital Millennium Copyright Act (17 U.S.C. §512), or other applicable U.S. intellectual property law.
22.5 Although U.S. law does not provide for a similar procedure for trademark infringement, we recommend that you send us similar information as described above in regards to any allegation of trademark infringement, and we will address it as soon as practicable.
22.6 In the event we receive a claim, which substantially complies with the complaint requirements detailed above, we will remove the alleged infringing material from our Products or other Company Property, and notify you that the material has been removed. You may provide us with a counter notice if you believe the claim is in error. If you are the subject of multiple claims, we may, in our sole discretion, terminate your account without further notice.
23. ENTIRE AGREEMENT
This Agreement, the Privacy Policy and Disclaimer contain the entire agreement between you and the Company with respect to the subject matter hereof and thereof and supersede all prior agreements and undertakings, both written and oral, with respect thereto.
24. TERMINATION OF AGREEMENT
We reserve the right, in our sole discretion, to terminate this Agreement and to terminate, restrict, deny, or suspend your access to the website and all Products at any time and for any purpose without prior notice. We also reserve the right to discontinue any or all of the website or Products at any time and for any purpose without prior notice.
25. SEVERABILITY
If any term or other provision of this Agreement is held to be invalid, prohibited or unenforceable under applicable law, the other provisions of this Agreement will remain in full force and effect.
26. MISCELLANEOUS
26.1 Our failure to act on or delay in exercising any privilege, power or right under this Agreement will not operate as a waiver of such privilege, power or right, and no single or partial exercise of any such privilege, power or right will preclude any other or further exercise of such privilege, power or right or the exercise of any other privilege, power or right.
26.2 Subheadings in this Agreement are used for convenience of reference only and in no way define, describe, limit or extend the scope of this Agreement or the intent of any of its provisions. They shall not be considered in construing or interpreting this Agreement.
26.3 The terms and conditions of this Agreement shall inure to the benefit of and be binding upon the successors, heirs, executors, administrators, legal representatives and assigns of the Company. Nothing in this Agreement, express or implied, is intended to confer upon any party other than the Company or our successors, heirs, executors, administrators, legal representatives and assigns, any rights, remedies, obligations or liabilities under this Agreement. You may not assign any of your rights or transfer any obligations under this Agreement to any other person.
26.4 If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and disbursements in addition to any other relief to which such party may be entitled.
HOW TO CONTACT US
If you have any questions, please contact us by email at legal@entryengineer.com