EBD policies & transparency
Terms of Service
The terms that guide your use of EBD.
On this page 20 sections
Version: October 18, 2026. These Terms apply to the EBD accounts, purchases, and transactions for which they are presented and accepted.
ARBITRATION NOTICE: Section 19 requires binding individual arbitration of covered disputes and includes a class-action waiver. Read its scope, costs, and exceptions before accepting these Terms.
1 About EBD and these Terms
Enterprise by Design's website is ebd.pro. Its operator is Enterprise by Design, LLC, a Maryland limited liability company, referred to as "EBD," "we," "us," or "our." Our mailing address is 107 Assateague Court, Ocean City, MD 21842, United States.
Check our Contact page for currently available contact options. You may send written support requests and notices to the mailing address above. A reference to our Contact page does not mean every online contact method is available. Formal court process and arbitration notices must still follow the applicable service and filing requirements.
A person purchasing for an organization represents that they have authority to accept the applicable agreement for it. Separately accepted service agreements, including a Master Services Agreement (MSA), Statement of Work (SOW), or Enterprise order, may contain additional terms. An expressly conflicting accepted service agreement controls for its covered services, subject to mandatory law and its stated order of precedence. Workshop and advisory engagements must satisfy Section 12 before work begins.
The Privacy Policy explains personal-information handling. Accepting these Terms, acknowledging a privacy notice, or sending an inquiry is not blanket consent to optional marketing, tracking, or unrelated uses of personal information. Where EBD requests agreement to an account or purchase, acceptance must be affirmative; simply opening a public page does not establish agreement to arbitration.
2 Our services and membership descriptions
EBD provides knowledge resources and services according to the offer you select and what EBD has released. The initial membership offering comprises Minimum, Standard, and Maximum. The affiliate program is also within the initial launch scope; participation requires separate acceptance under the Affiliate Program Agreement.
Membership | Listed price | Described benefits |
|---|---|---|
Minimum | Free | Updates and limited access to exclusive content |
Standard | $29.99/month | Access to Library, Templates & Tools |
Maximum | $99.99/month | Frameworks, Research, The Lab |
Listed amounts are in US dollars. The purchase offer will show the total payable, including applicable transaction taxes and any tax-inclusive price required for your location, before you authorize payment.
These descriptions do not establish cumulative benefits. A higher-priced plan includes another plan's benefits only if its offer expressly says so. Academy, workshops, and advisory services are outside the initial launch; Sections 11 and 12 apply when offered. Enterprise access requires a separate accepted order defining pricing and entitlements. A commission rate does not establish that the underlying service is available.
A coming-soon feature is not a current entitlement unless your accepted purchase terms expressly promise it. Joining Minimum, a newsletter, or a launch list does not authorize later payment. We do not accept a paid recurring purchase until its disclosed billing and electronic cancellation arrangements are available.
3 Eligibility and geographic availability
You must be at least 18 years old and have legal capacity to enter the applicable agreement to create an account, purchase or use a membership, or participate in the affiliate program.
An organization sponsoring access must obtain any required participant permissions and disclose only information it is authorized to provide.
EBD operates from the United States. Products are available only in the locations covered by the relevant offer; we may restrict a service where it is unavailable or cannot lawfully be supplied. A translated or accessible public page does not establish that every product is sold in every country. These Terms do not impose a US-residency requirement or remove protections that applicable consumer law makes mandatory.
4 Accounts and security
Provide accurate registration and billing information and keep necessary contact details current. Protect your sign-in links, authentication credentials, and devices. Report suspected unauthorized access using the available contact options described in Section 1.
Individual access is for the person assigned to that account. You may not sell, lend, or share sign-in credentials with colleagues, clients, or the public. Organization access is limited to the authorized seats and uses in its order; seat reassignment requires the permission stated there. The permission to share a customized work product under Section 10 does not permit account sharing.
You are responsible for activity you authorize and for reasonable precautions within your control. This does not make you automatically responsible for every unauthorized transaction regardless of the circumstances or applicable law. We may use proportionate verification and security measures to protect accounts.
5 Purchases renewal and payment authorization
Standard and Maximum renew automatically each month at the disclosed price until canceled. Annual billing is not standard. An annual arrangement requires a separately accepted offer stating its price, term, renewal, cancellation, and refund conditions. Other billing exceptions apply only as expressly offered and accepted.
Before obtaining your billing information, EBD will clearly and conspicuously disclose the product, currency, amount payable, applicable taxes and charges, billing interval, renewal terms, and cancellation method. We obtain your express informed authorization before making recurring charges. A promotion must state its duration and subsequent price. EBD will provide a retainable purchase confirmation identifying the transaction and, for recurring purchases, the next billing date or how to find it.
By expressly completing a recurring purchase, you authorize the disclosed recurring charges until you cancel. We will not charge you merely because you joined a free list or expressed interest in a future plan. You must be authorized to use the payment method. A payment provider's terms do not remove EBD's responsibility for its own offer, billing, or refunds.
For a failed renewal payment, we will notify you and allow a seven-calendar-day grace period to correct payment details. We may make no more than two additional attempts during that period, and none after cancellation, unless you separately authorize another payment. EBD adds no failed-payment fee. If payment remains unsuccessful at the end of the grace period, paid access is suspended and automatic renewal is canceled. Grace-period access does not create an additional membership debt when the renewal is not completed. Amounts validly owed under a separate accepted agreement remain governed by that agreement; restarting a canceled membership requires a new payment authorization.
6 Canceling a recurring membership
You may cancel a recurring membership at any time. Each online recurring offer will provide a direct, readily accessible electronic cancellation control through the account or purchase interface. Cancellation must be at least as easy as enrollment and must not require a conversation with a representative, an unnecessary survey, or a new purchase.
Cancellation stops future recurring membership charges when submitted. It does not itself request a refund of charges already collected. Unless a refund, applicable law, or your accepted offer provides otherwise, access continues until the end of the period already paid for. EBD will provide a retainable confirmation of cancellation and the remaining access period.
If sign-in or the cancellation control does not work, use the alternative contact option provided with your purchase or an available option on our Contact page. You may also send a written cancellation to the address in Section 1. Include enough information to identify the membership, without sending complete payment-card details. Account-authentication difficulties must not prevent cancellation.
We will honor the date of a documented cancellation attempt through an EBD-provided channel if that channel fails. For a mailed request, we will honor the dispatch date shown by the postmark or other reliable proof and reverse renewal charges made after that date once we can identify the account. These fallback routes do not replace the electronic cancellation method required for an online recurring offer.
Unsubscribing from marketing email, deleting a bookmark, or stopping website use does not by itself cancel membership billing. A request to delete an account will also stop its future membership renewal; EBD will explain the effect on remaining access and any records it must retain.
7 Refunds and statutory remedies
You may request a full refund of your first paid membership purchase within 14 calendar days after purchase, including applicable transaction taxes. Using the membership or downloading its resources does not make that purchase ineligible. Send the request through an available contact option described in Section 1 or to our mailing address, with enough information to identify the purchase.
A request is timely if sent within that period. For mail, we accept the postmark or other reliable dispatch evidence; a documented timely attempt through an EBD-provided channel also preserves the request if the channel fails. Mandatory law controls if it provides a longer period or more favorable notice rules.
The guarantee covers the first paid membership transaction and additional membership upgrade charges collected during its original 14-day window. An upgrade does not restart the window. A refund under this guarantee cancels future renewal. Access funded by the refunded purchase ends when we initiate the refund and notify you; Section 10 explains the effect on downloaded resources and completed work products.
We will acknowledge a refund request within two business days after receipt and initiate an eligible refund to the original payment method within five business days after receiving an identifiable request, and in all cases within any shorter period required by law. If the original method cannot receive it, we will arrange an appropriate alternative without a refund fee. We will ask promptly for any information reasonably needed to locate the purchase. Processing by your payment provider may affect when the credit appears, but does not extend EBD's own processing commitment.
The first-purchase guarantee does not restart on renewals, cancellation and rejoining, or a new account for the same purchaser. After the initial period, there is no automatic prorated refund for nonuse, unused days, or later renewal periods. This does not limit corrections for duplicate or unauthorized charges, failures to provide purchased services, the remedies in Section 17, or refunds and other remedies required by law. Express promotional guarantees will be honored.
Workshop and advisory cancellation and refund terms must appear in the accepted engagement documents required by Section 12. Enterprise membership orders must clearly state additional arrangements and do not remove this first-membership guarantee.
Mandatory withdrawal, digital-content, and other consumer rights take priority wherever applicable. A statutory withdrawal request and cancellation of future renewal may have different effects. Any agreement to begin digital supply immediately does not remove EBD's separate first-purchase refund guarantee.
8 Plan changes pricing and notices
By default, an upgrade takes effect when accepted, with a credit for unused time under the old plan and a charge for the corresponding remaining time under the new plan; the next billing date stays the same. A downgrade takes effect at the next renewal, with existing paid access continuing until then and no automatic mid-period refund. Proration uses the unused portion of the actual billing period. Changes between monthly and annual billing take effect at the next renewal unless you expressly accept a different effective date and corresponding credit, charge, and new billing date.
Before you confirm any change, EBD will show its resulting charge, benefits, timing, and next billing date. Any departure from these defaults requires disclosure and acceptance before the charge. Changing tiers does not imply cumulative benefits, preserve an expired promotion, or amend an Enterprise order without agreement.
EBD will give at least 30 calendar days' notice of a price increase, or longer when required by law, before the first affected charge. The notice will state the new price, effective date, and how to cancel. If the next renewal falls before that notice period ends, the increase will not apply to that renewal. A change does not retroactively alter a completed purchase or reduce a prepaid entitlement without an appropriate remedy.
Separately, EBD will send a renewal reminder seven calendar days before a monthly renewal and 30 calendar days before an annual renewal. If EBD later offers a free or discounted trial lasting more than 14 days that converts to paid renewal, it will send a reminder seven calendar days before conversion. A shorter trial's accepted offer must provide an appropriate advance reminder before its first charge. Each reminder will identify the renewal or conversion date, duration, price, cancellation method, and EBD contact options. Applicable legal timing windows and additional notice requirements control. A price-change notice does not replace a required renewal or trial reminder.
9 EBD intellectual property and content access
EBD and its licensors retain rights in their respective original materials, branding, software, and other protected content. Purchasing access does not transfer ownership. Third-party works, trademarks, and references remain subject to their owners' rights. EBD does not claim ownership of your independent knowledge, experience, or original information.
While you have authorized access, you may read, view, and use content through the functions offered for your plan. A download or editable-resource license applies only where EBD designates the resource for that use. Any resource-specific restriction must be disclosed before purchase or download and may not retroactively remove rights already granted.
You may not bypass access controls, share another person's sign-in credentials, republish substantial portions of protected content, or sell EBD's underlying content as your own product. These restrictions do not prevent uses allowed by applicable law without permission, including protected quotation, commentary, criticism, and other statutory exceptions. Request additional permissions through the contact options in Section 1.
10 Templates tools and completed work products
An authorized member may download and modify templates designated for download under that member's plan, for the member's own business work and to create customized work products for clients. This is a nonexclusive license; a separately accepted resource license or organizational order may provide additional rights.
You may deliver a work product customized with your own substantive work, including an editable document or source file, to the client for whom you created it. You may permit that client and its authorized personnel to use and modify the deliverable for that client's internal business purposes. Your own organization may likewise use and maintain its customized work products. These permissions do not grant access to EBD accounts or libraries, permit shared sign-ins, or give other people an independent license to distribute or repurpose EBD's underlying unmodified resources for unrelated customers. Colleagues who independently access the library or use its underlying templates need their own authorized membership or seat.
You and your clients retain rights in your respective original contributions. EBD and its licensors retain ownership of their underlying resources. Editing or delivering a work product does not transfer that ownership.
Ordinary cancellation does not end your permission to retain, use, and modify templates lawfully downloaded while you had authorized membership access, including creating later customized client work. Permitted client use and modification of delivered work products also continue. Access to new downloads and future updates ends when paid access expires. Continued use remains subject to the license restrictions in these Terms.
A full first-purchase refund under Section 7 ends further use of the EBD template files obtained through the refunded purchase when EBD initiates the refund and notifies you. You must stop using those underlying files for new work and delete usable copies you control, except a restricted archival copy required for legal records. You and your clients may retain, use, and update customized work products completed before that notice for their existing business purposes. This continued permission does not authorize extracting the refunded EBD template to create new work. Your independent original contributions and mandatory legal rights remain yours.
A duplicate-charge correction, partial service refund, or prorated refund when EBD ends a service does not by itself revoke an otherwise valid resource license. Resources purchased separately or obtained under another valid, unrefunded entitlement keep their applicable permissions.
You may not resell the underlying resource, distribute blank or substantially unmodified EBD templates, offer them as a substitute for EBD membership, or build a competing template library from them without permission. You may charge for your own customization and professional work. Apply each tool's assumptions and verify important outputs. These conditions preserve uses permitted by applicable law without a license.
11 Courses assessments and certificates
EBD Academy is outside the initial membership launch. When offered, its planned Course Library price is $249.99 per month, subject to the accepted offer. Planned courses include module quizzes and an unproctored final assessment of 60-90 questions with a standard 120-minute allowance; appropriate accommodations may adjust that format.
Before enrollment, each course offer must state what is available, its completion deadline, passing requirements, permitted references and AI assistance, retakes and waiting periods, accommodation route, certificate terms, and any additional applicable requirements. Those published course rules govern the assessment. Learners must complete assessments honestly and must not impersonate another learner, share protected examination questions, or misrepresent completion.
A completion certificate records satisfaction of the stated course requirements. It is not a degree, professional license, or guarantee of examination success.
When qualifying Academy courses are offered, their continuing-education credit and completion certificates are included in Academy membership and applicable Enterprise pricing without a separate per-course CPE charge. This does not apply to CEKA articles. A course may be promoted for a particular credit or recognition only if its offer accurately identifies the relevant authority, credit type, amount, eligibility, and completion requirements. Acceptance toward an individual credential remains subject to the applicable authority's rules. No organization-wide accreditation or provider recognition is promised by these Terms.
12 Workshops and advisory engagements
EBD will not begin any workshop or advisory work, including preparation for the engagement, until EBD and the client have accepted an MSA, an engagement SOW, and the applicable payment terms.
Acceptance must be recorded in writing by persons authorized to bind EBD and the client, including through electronic signatures where permitted by applicable law. An effective MSA may govern later engagements within its scope; each engagement still requires its own accepted SOW and payment terms.
The accepted MSA or SOW, or an expressly incorporated payment schedule, must state amounts, currency, taxes and expenses, invoice timing, due dates, and any advance-payment requirement. There is no universal deposit or prepayment percentage under these website Terms. Any payment expressly required before commencement must be received before the covered work begins.
A workshop offer must state its format, date, duration, access requirements, included materials, and rules for cancellation, transfers, rescheduling, late arrival, and nonattendance. If EBD cancels a workshop and the client does not accept a replacement, EBD will refund the undelivered portion. Other engagement-specific cancellation and refund rules must be accepted before purchase. A membership includes workshops only if its offer expressly says so.
If a session will be recorded, the intended recording, access, retention, and reuse must be disclosed before participation, with the choices or permissions required for that use. Joining a session does not by itself authorize promotional reuse of names, images, voices, chat, or questions.
The governing MSA and SOW must address scope, deliverables, responsibilities, fees, timing, confidentiality, ownership, and order of precedence. Additional or changed work requires an accepted SOW or change order before that work begins, following the governing amendment process. Website descriptions do not create an open-ended engagement or promise a particular result. Membership does not automatically include individualized advisory time.
13 Educational information and professional boundaries
General EBD content and self-service tools provide education and information. They do not, by themselves, establish an accountant-client, attorney-client, investment-adviser, or other regulated professional relationship.
Any individualized advisory service is limited to the scope and obligations in the applicable separate agreement. EBD will not represent that a general membership includes a regulated service it is not authorized and contracted to provide.
Examples, forecasts, assessments, and case studies depend on their stated facts and assumptions. They are not guarantees of revenue, savings, employment, compliance, certification, or investment performance. Adapt materials to your circumstances, verify significant inputs, and obtain the professional assistance appropriate to the decision.
A disclaimer does not override a specific promise EBD makes in an accepted purchase or engagement, or excuse misleading statements.
14 User submissions and confidential material
If EBD enables comments, uploads, discussion, assessments, or other participation features, the following rules apply to material you choose to submit through them.
You retain rights in your material. You grant EBD a nonexclusive license to use it as reasonably necessary to provide and operate the requested feature or service and meet legal obligations, subject to the Privacy Policy and any applicable confidentiality agreement. This license lasts only as long as needed for those purposes, including any necessary record retention.
A private submission does not authorize publication as a testimonial, case study, marketing example, or training product. Any such use needs separate permission or another valid basis disclosed to you; submitting an inquiry or acknowledging a privacy notice does not supply that permission.
Submit only information you are authorized to share. Use the intake channel designated in the accepted engagement documents for confidential client work. Avoid posting personal data or trade secrets publicly. Public discussion areas are visible to their stated audience, and a public comment does not create a confidential advisory engagement. Provider processing and actual data practices are addressed in the Privacy Policy.
15 Acceptable use and honest reviews
Do not use EBD to commit fraud, infringe rights, harass others, distribute malicious software, interfere with security, or impersonate another person. Do not circumvent reasonable access restrictions or collect other users' personal information without authority.
Do not systematically extract substantial portions of protected EBD content, evade download limits, or use that content to create a redistributed dataset, a competing content library, or general-purpose model-training materials without permission. This does not prohibit accessibility tools, ordinary indexing of public pages, or lawful personal and business automation. You may use tools, including AI tools, to adapt a licensed template for your permitted work if you preserve confidentiality and do not make EBD's underlying resources available for public redistribution or model training contrary to their license. Uses that applicable law permits without permission remain permitted.
Where participation features exist, we may remove unlawful, abusive, irrelevant, deceptive, or privacy-invasive material and take proportionate action for misconduct. Nothing here prohibits an honest review, penalizes a customer for giving one, or transfers ownership of that review to EBD. Criticism alone is not misconduct.
Report suspected copyright infringement using the contact options in Section 1. Identify the work, the material and its location, your contact information, and why you believe you are authorized to report the issue. This is an ordinary infringement-report route; it does not represent that EBD has registered a designated DMCA agent.
16 Third parties and commercial relationships
Our services may link to or incorporate third-party tools, hosting, payment, learning, or content services. Their availability and separate services may be subject to their own terms. A third party's involvement does not eliminate EBD's responsibility for its own conduct and commitments.
A link or reference does not necessarily establish an endorsement or partnership. Where a material paid relationship exists in a recommendation or sponsored placement, EBD will disclose it as described in our Affiliate & Sponsored Content Disclosures.
Purchasing a third-party product generally creates a transaction with that seller under its terms. Review the seller's offer, suitability, support, and cancellation conditions before purchasing.
17 Availability maintenance and termination
We may maintain, correct, or update the service and address security issues. We cannot promise uninterrupted access or compatibility with every device; specific commitments in an accepted agreement remain applicable.
We may suspend access when reasonably necessary to address a material breach, security threat, unlawful activity, or unpaid charges. Except where urgent protective action is reasonably necessary or a breach cannot be cured, we will explain the issue and give at least ten calendar days to correct a material breach before terminating paid access for it. Section 5 separately governs unsuccessful membership renewals.
If EBD permanently ends a prepaid service or terminates access without customer fault, we will stop renewal and refund the unused prepaid period, calculated by the portion of the actual paid service period remaining when access ends. EBD will initiate that refund within five business days after termination. If EBD materially fails to provide promised paid access, we will provide an appropriate restoration, credit, or refund, without limiting mandatory remedies or requiring acceptance of a credit where a refund is due.
Termination does not authorize future subscription charges or erase payment obligations already validly incurred. The continuing resource and work-product permissions in Section 10 survive ordinary cancellation and service closure. A material violation of that license may justify ending the affected license after the notice and cure process above, subject to applicable law and the rights of clients who lawfully received work products and did not participate in the violation. The distinct refund-license rules in Section 10 remain applicable. Obligations that must continue by their nature, including confidentiality, legally required recordkeeping, and the dispute provisions, survive as appropriate.
18 Warranties and limitations of liability
To the extent applicable law permits, general informational content and self-service tools are provided as available without additional implied warranties beyond the express promises in the applicable offer or agreement. EBD remains responsible for those promises and for any mandatory standards, guarantees, and remedies.
For claims relating to an individual membership governed by these Terms or general website content, EBD's total liability is limited to the greater of US $100 or the fees you paid EBD for the affected service during the 12 months before the event giving rise to the claim, only to the extent this limitation is lawful. This limit applies to covered contract and ordinary-negligence claims; related claims arising from the same event do not multiply the limit.
The limit does not apply to fraud, intentional misconduct, reckless or grossly negligent conduct, death or personal injury caused by negligence, liability that applicable law does not permit EBD to limit, or mandatory consumer or data-protection remedies. It does not limit refunds, amounts EBD expressly owes, statutory fee awards, or EBD's required arbitration-fee payments. No separate exclusion of indirect or consequential losses is imposed by these Terms.
This individual-membership limit does not govern negotiated Enterprise, workshop, advisory, or affiliate-program obligations. Those agreements must address any applicable liability allocation. Nothing here requires a customer to broadly indemnify EBD or shortens the legal deadline for bringing a claim.
19 Binding individual arbitration and class action waiver
EBD AND YOU AGREE TO BINDING INDIVIDUAL ARBITRATION OF COVERED DISPUTES. FOR CLAIMS REQUIRED TO BE ARBITRATED, BOTH PARTIES GIVE UP A COURT TRIAL BEFORE A JUDGE OR JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, SUBJECT TO THE EXCEPTIONS BELOW.
Agreement and applicable law
Except as provided in this section or prohibited by applicable law, EBD and you each agree to resolve through final and binding arbitration all disputes between us arising from or relating to these Terms, the website, memberships, purchases, billing, refunds, content, personal-information handling, or other covered EBD services and transactions. This includes contractual, statutory, and tort claims. An affiliate, organizational, workshop, or advisory agreement must validly incorporate this section, directly or through its governing MSA, or contain mutually accepted terms providing for AAA-administered binding individual arbitration, Ocean City as the designated location, and a class-action waiver, with applicable legal and provider protections. A public disclosure alone does not bind someone to arbitration.
Maryland law and applicable United States federal law govern these Terms. The Federal Arbitration Act governs this arbitration agreement to the extent applicable. Nonwaivable consumer protections remain effective. Each party's commitment to arbitrate is mutual and continues after cancellation or termination for disputes within its scope. Ordinary legal limitation periods remain applicable.
Administrator and procedure
The American Arbitration Association (AAA) will administer the arbitration before one neutral arbitrator under the rules applicable to the dispute. AAA's Consumer Arbitration Rules apply when required; its Commercial Arbitration Rules apply to other commercial disputes, subject to any required classification under its Employment/Workplace or other applicable rules. Applicable rules, filing forms, and fee schedules are available at AAA rules and fees.
To start arbitration, follow AAA's filing requirements and send EBD the required notice at Enterprise by Design, LLC, 107 Assateague Court, Ocean City, MD 21842, or another notice method expressly permitted by AAA and made available by EBD on its Contact page. You may contact that address to discuss a concern first, but this section imposes no mandatory informal waiting period. Notwithstanding any contrary delegation provision in the incorporated AAA rules, a court, not the arbitrator, decides whether this arbitration agreement or the class-action waiver was formed and is valid or enforceable, and any other issue that applicable law reserves for judicial determination. The arbitrator decides the merits of properly arbitrable claims and may award remedies available under applicable law, including statutory fee awards and nonwaivable relief. The award will state the reasons for the decision and is subject to the enforcement and limited review provided by law.
Ocean City location and participation
Ocean City, Maryland is the designated arbitration location, subject to applicable law and AAA's requirements for a fair and reasonably convenient location. Proceedings may use video, telephone, written submissions, or other methods permitted by the applicable rules. If an in-person hearing is appropriate, AAA or the arbitrator may adjust its location when necessary to comply with those rules or law. The Ocean City designation does not require travel that conflicts with those protections or appropriate accessibility arrangements.
Individual proceedings and class action waiver
To the fullest extent permitted by law, EBD and you may pursue covered disputes only in an individual capacity and waive participation as a plaintiff or class member in a class or collective action concerning those disputes. This agreement does not authorize class arbitration or representative proceedings on behalf of other persons. These restrictions do not waive any remedy or procedure that applicable law makes nonwaivable, including any protected right to seek public injunctive relief.
Exceptions and protected rights
Either party may bring an eligible individual claim in an appropriate small-claims court as permitted by AAA's rules. This section does not restrict government or regulatory complaints, agency enforcement, statutory privacy requests or internal appeals, or claims and cases that applicable law does not permit EBD to require to be arbitrated. Where the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act applies and the person entitled to elect its protection does so, the arbitration requirement and joint-action waiver do not apply to the covered case to the extent the Act provides. A court decides the Act's applicability.
Arbitration costs
Fees and arbitrator compensation follow the applicable AAA schedule and any protections required by law. In cases governed by the Consumer Fee Schedule, the consumer pays only the permitted consumer filing fee, subject to available waivers; EBD pays the other required administrative fees and arbitrator compensation. Other cases follow the applicable schedule and mandatory protections. Each party ordinarily bears its own lawyer's fees, subject to rights or awards provided by applicable law. Arbitration fees are not automatically charged to a membership payment method or deducted from commissions. A liability cap in another section does not cap EBD's required arbitration-fee payments.
Court proceedings and severability
Courts with jurisdiction remain available for proceedings permitted by this section or law, including enforcing the arbitration agreement or award and seeking legally available review. If AAA declines or ceases administration and its rules permit court proceedings, either party may use that route. EBD may not defeat that right by unilaterally choosing another administrator.
Unless mandatory law or applicable arbitration rules provide another forum, permitted court proceedings must be brought in the District Court of Maryland for Worcester County or the Circuit Court for Worcester County, as appropriate, or, where federal jurisdiction exists, the United States District Court for the District of Maryland, Northern Division. The parties consent to personal jurisdiction in the applicable court, subject to court assignment and transfer rules. This clause creates no federal subject-matter jurisdiction and does not remove nonwaivable venue rights.
If a restriction in this section cannot lawfully apply to a claim, case, or request for relief, it will not apply to that matter. Any matter that cannot lawfully be required to proceed through individual arbitration may proceed in a court with jurisdiction. Other arbitrable matters remain subject to this section to the extent permitted by law. This specific severability rule controls over Section 20 for arbitration and the class-action waiver.
20 Changes and general provisions
Material amendments to Section 19 require mutual agreement and affirmative acceptance; EBD cannot unilaterally revoke or materially change its arbitration commitment. Changes do not alter the agreement governing an existing dispute without a separate agreement after that dispute arises. The general update provision below does not override this rule.
EBD may update these Terms prospectively. We will give at least 30 calendar days' notice of a material change, except for a change that must take effect sooner to comply with law or address an urgent security issue. We will explain the change and its effective date using a retainable notice sent to your registered contact address or another agreed method. For an existing paid membership, ordinary material changes take effect no earlier than the next renewal following the notice period; you may cancel beforehand. We will obtain further affirmative agreement where required by law.
Updates do not retroactively rewrite an existing dispute, reduce the license attached to a resource already lawfully downloaded, or remove an accrued refund right. A legally necessary or urgent security change does not eliminate an appropriate remedy if EBD cannot provide a paid entitlement.
If a provision cannot be enforced, the remaining provisions continue to the extent permitted by law, subject to Section 19's specific severability rule. Not enforcing a provision once does not waive future enforcement. Neither party may assign obligations in a way that unlawfully reduces the other's rights.
These Terms and the applicable accepted purchase or service agreements, including any governing MSA, SOW, and incorporated payment terms, describe the agreement for their subject matter. Website updates do not amend an accepted MSA, SOW, payment schedule, or Affiliate Program Agreement except through that agreement's amendment process. They do not erase mandatory rights or authorized promises made to the customer.