Terms & Conditions

1. About Workplace Reality™

Workplace Reality™ is a workplace strategy and decision-support service designed to help users work through real-world workplace situations.

Depending on the features available at the time of your access, Workplace Reality™ may help you:

• interpret what may be happening in a workplace situation;
• identify relevant facts, dynamics, considerations, or patterns;
• determine what matters most in deciding how to respond;
• identify a potential next move;
• develop or refine language for workplace communication;
• consider possible consequences, tradeoffs, or options; and
• receive execution support related to the situation presented.

Workplace Reality™ is intended to support your professional judgment. It does not replace your judgment or make decisions for you.

Features, delivery methods, technology, prompts, interfaces, resources, reports, and product experiences may change over time as Workplace Reality™ evolves.

2. What Workplace Reality™ Does and Does Not Include

Your purchase of or access to Workplace Reality™ does not automatically include access to all Power & Prime™ products, programs, trainings, resources, intellectual property, or services.

Unless expressly stated as part of your specific purchase, Workplace Reality™ does not include:

• complete Power & Prime™ skill-development pathways;
• the complete Communication Bridge curriculum or other separate Power & Prime™ curricula;
• Leadership Language Diagnostic development or similar separate assessment services;
• certificates, credentials, or micro-credentials;
• unlimited drafting, rewriting, editing, or review unrelated to the workplace situation being addressed;
• unrestricted access to the complete Power & Prime™ resource library;
• private coaching;
• career placement or recruiting services;
• legal representation;
• human resources representation; or
• guaranteed access to any other Power & Prime™ product.

Other Power & Prime™ products, programs, services, or access arrangements may require a separate purchase or agreement.

3. Educational and Strategic Information Only

Workplace Reality™ provides educational information, strategic analysis, decision support, and professional-development resources.

Nothing provided through Workplace Reality™ constitutes legal, employment, human resources, financial, medical, mental-health, tax, compliance, investigative, regulatory, or other licensed professional advice or services.

Workplace situations can involve laws, regulations, company policies, contractual rights, reporting obligations, discrimination claims, harassment allegations, retaliation concerns, compensation disputes, accommodations, investigations, termination, suspected misconduct, or other matters requiring professional advice.

You are responsible for determining when to consult an attorney, human resources professional, financial professional, healthcare provider, regulatory professional, governmental authority, law-enforcement authority, or other qualified professional or appropriate reporting channel.

EGS does not act as your attorney, HR representative, employee representative, investigator, fiduciary, agent, advocate, whistleblower representative, or reporting representative in connection with your employer or workplace.

4. Your Responsibility for Information and Decisions

Workplace Reality™ may identify considerations, interpretations, options, suggested approaches, or suggested language based on the information available.

The usefulness of Workplace Reality™ depends substantially on the accuracy and completeness of the information you provide.

You agree to provide information that is truthful and accurate to the best of your knowledge.

You remain solely responsible for:

• assessing your individual circumstances;
• verifying relevant facts;
• reviewing your employer's policies and procedures;
• understanding obligations applicable to you;
• deciding whether and how to act;
• deciding whether to send, say, submit, escalate, report, document, negotiate, or otherwise use suggested language or strategies;
• determining whether additional professional advice is necessary; and
• all decisions and actions you take in your workplace.

EGS is not responsible for an analysis, recommendation, interpretation, report, or other output that is incomplete, inaccurate, or inappropriate because you omitted material information, misunderstood relevant facts, or provided inaccurate information.

Workplace Reality™ may analyze only the information presented to it. It cannot independently know or verify what occurred inside your workplace.

You should not assume that a recommendation or interpretation is the only available option or that a suggested action is appropriate for every workplace.

5. Confidential Information, Third-Party Obligations, and Prohibited Submissions

Workplace Reality™ may allow you to describe workplace situations or submit information for review.

You are responsible for ensuring that you are legally and contractually permitted to access, possess, use, and provide the information you submit.

You must not submit information that you are prohibited from accessing, possessing, disclosing, transmitting, copying, retaining, or sharing.

This includes:

• employer trade secrets;
• confidential customer or client information;
• third-party personnel files or confidential employee records;
• Social Security numbers or other government identification numbers;
• banking, credit-card, or payment information;
• passwords, authentication codes, access credentials, or security keys;
• confidential medical or health information belonging to another person;
• confidential internal investigation files;
• attorney-client privileged communications that you are not authorized to disclose;
• proprietary source code, cybersecurity credentials, or security architecture;
• regulated data you are not authorized to disclose;
• materials obtained through unauthorized access;
• evidence, document collections, or data dumps provided for the purpose of asking EGS to investigate, report, expose, preserve, or escalate alleged wrongdoing; or
• other information that you do not have a lawful right to provide.

You may describe your own workplace experience and, where lawfully permitted, provide information reasonably necessary for Workplace Reality™ to help you evaluate your situation.

Where possible, remove or redact information that is not necessary to understanding your situation and use roles, titles, initials, or generalized descriptions instead of unnecessary identifying information about coworkers, managers, employees, customers, clients, or other third parties.

Nothing provided through Workplace Reality™ authorizes, encourages, directs, or instructs you to:

• violate a confidentiality or nondisclosure agreement;
• disclose employer trade secrets or proprietary information;
• improperly access, obtain, copy, remove, retain, transmit, or distribute employer or third-party information;
• violate intellectual-property rights;
• violate lawful privacy, data-security, fiduciary, contractual, employment, or information-handling obligations;
• obtain information through unauthorized access to systems, accounts, files, devices, databases, communications, or records;
• encourage or assist another person in violating lawful obligations owed to an employer or third party; or
• take any action that is unlawful or that you are not otherwise authorized to take.

You remain responsible for complying with all confidentiality, nondisclosure, privacy, employment, contractual, information-security, intellectual-property, and other obligations applicable to you.

EGS does not assume responsibility for your violation of obligations owed to an employer or other third party.

6. Workplace Reality™ Is Not a Reporting or Investigation Service

Workplace Reality™ is not an ethics hotline, whistleblower reporting channel, internal investigation service, regulatory reporting mechanism, law-enforcement reporting service, evidence repository, document-preservation service, or substitute for an appropriate reporting authority.

EGS does not assume responsibility for investigating, reporting, preserving, escalating, prosecuting, exposing, or otherwise acting upon allegations of unlawful, unethical, fraudulent, discriminatory, retaliatory, unsafe, or other workplace conduct.

Submitting information to Workplace Reality™ does not constitute notice to your employer, an attorney, regulator, law-enforcement agency, governmental authority, or any other person or organization.

If you believe conduct should be formally reported, investigated, preserved as evidence, or brought to the attention of an employer, attorney, regulator, law-enforcement agency, governmental authority, or other appropriate party, you are responsible for using the appropriate professional, legal, organizational, or governmental channel.

EGS provides decision support to the individual user. EGS does not become the user's representative and does not undertake to investigate, disrupt, expose, control, or otherwise interfere with the lawful operations of the user's employer.

Workplace Reality™ may help you understand your circumstances, evaluate available options, communicate more effectively, negotiate, make professional decisions, and pursue your own lawful professional interests.

EGS does not undertake to protect or advance the interests of your employer merely because your workplace situation involves that employer.

The fact that an employer, manager, colleague, customer, or other third party may disagree with, dislike, or experience consequences from a user's lawful professional decisions does not make EGS responsible for that disagreement or outcome.

7. Technology and AI-Assisted Features

Certain Workplace Reality™ features may use artificial intelligence, automated systems, structured decision tools, or other technology to assist in reviewing information and generating reports, responses, observations, recommendations, or suggested language.

Technology-assisted outputs may occasionally be incomplete, inaccurate, inconsistent, or based on an imperfect interpretation of the information provided.

No AI-generated or automated output should be treated as an independently verified statement of fact, legal conclusion, HR determination, investigative finding, or guaranteed prediction of how another person or organization will respond.

Where EGS personnel provide review, commentary, or other human involvement, that involvement does not transform Workplace Reality™ into legal, HR, financial, medical, investigative, compliance, or other licensed professional services.

8. No Guarantee of Results

EGS does not guarantee any particular workplace, career, financial, compensation, salary, promotion, employment, negotiation, economic, leadership, relationship, disciplinary, investigative, or other professional outcome.

This includes, without limitation, any guarantee of:

• increased compensation, salary, earnings, or other financial benefit;
• promotion, advancement, or expanded authority;
• retention of employment;
• a successful negotiation;
• a particular response from an employer, manager, colleague, customer, or other third party; or
• any other specific workplace or career result.

Workplace decisions and outcomes depend on numerous factors outside EGS's control, including your individual circumstances, decisions and actions, employer policies and practices, workplace environment, market conditions, and the actions and decisions of employers, managers, colleagues, HR departments, customers, recruiters, executives, regulators, and other third parties.

Examples, testimonials, scenarios, case studies, demonstrations, and user experiences are illustrative only and are not promises or guarantees that you will receive the same or similar result.

9. Account Access and Usage Limits

Your access to Workplace Reality™ is provided for your individual authorized use during your active access period.

Your account or access rights may not be transferred, sold, assigned, sublicensed, shared, or made available to another person.

You are responsible for maintaining the confidentiality of your login credentials and for activity occurring through your account.

You agree not to allow coworkers, friends, family members, clients, employees, consultants, organizations, or other third parties to use your individual Workplace Reality™ account or access rights.

Organizational or multi-user access requires separate written authorization from EGS.

Unless EGS expressly provides otherwise in writing, an authorized user may generate a maximum of two (2) Workplace Reality™ reports per calendar day.

Unused report capacity does not roll over to a later day and may not be transferred, combined, sold, shared, or assigned to another person.

Attempts to circumvent applicable usage limits, including through account sharing, multiple accounts, automated access, manipulation of technical controls, coordinated use by multiple people, or other means, are prohibited.

EGS may implement reasonable technical controls to enforce usage limits and protect Workplace Reality™, its systems, technology, users, and Protected Materials.

EGS may modify usage limits prospectively as Workplace Reality™ evolves. Material changes affecting existing paid access will be communicated as required by applicable law and the terms applicable to that access.

10. Third-Party Payment and Employer Reimbursement

Workplace Reality™ may be purchased using funds provided, reimbursed, or authorized by an employer or other third party.

Unless EGS expressly agrees otherwise in a separate written agreement, payment or reimbursement by an employer or other third party does not, by itself:

• make that employer or third party a party to these Terms;
• make the employer or third party an authorized Workplace Reality™ user;
• create ownership rights in the user's Workplace Reality™ account, reports, submissions, communications, or outputs;
• entitle the employer or third party to access the user's account, reports, submissions, communications, or outputs;
• make the employer or third party a third-party beneficiary of the agreement between EGS and the user;
• create an enterprise, organizational, sponsorship, agency, fiduciary, licensing, or service relationship with EGS; or
• alter the individual user's responsibilities under these Terms.

The individual authorized user remains the Workplace Reality™ user regardless of the source of payment unless EGS expressly establishes a different relationship in writing.

An employer or organization seeking organizational access, multiple user accounts, administrative rights, employer reporting rights, enterprise licensing, or other company-level access must enter into a separate written agreement with EGS.

No employer or other third party receives contractual rights under these Terms solely because it paid for or reimbursed a user's purchase, employs or supervises the user, is mentioned in information submitted to Workplace Reality™, or is affected by a user's decisions.

Nothing in this section eliminates rights that a third party may independently possess under applicable law.

11. Fees, Recurring Access, Cancellation, Refunds, and Payment Disputes

The price, billing frequency, and access period applicable to your Workplace Reality™ purchase will be disclosed at the time of purchase.

If you purchase Workplace Reality™ under a recurring billing arrangement, you authorize EGS and its payment processor to charge the payment method you provide at the disclosed recurring interval until you cancel in accordance with these Terms.

Your recurring access will automatically renew at the applicable billing interval unless you cancel before the next scheduled billing date.

You are responsible for maintaining a valid payment method.

If a payment is declined, reversed, disputed, or otherwise unsuccessful, EGS may suspend or terminate your access until the account is brought current.

EGS reserves the right, to the extent permitted by applicable law, to pursue unpaid amounts through a third-party collection agency, legal process, or other lawful collection method.

Taxes, if applicable, may be added to your purchase.

Cancellation

You may cancel recurring Workplace Reality™ access through the cancellation method provided by EGS or by contacting support@powerandprime.com.

Cancellation stops future renewal charges.

Unless otherwise required by applicable law, cancellation does not retroactively cancel charges already processed and does not create a right to a prorated refund for a billing period that has already begun.

After cancellation, your access may continue through the end of your then-current paid access period unless otherwise stated at the time of cancellation.

Deleting an application, leaving a community, stopping use of Workplace Reality™, removing a payment method, or failing to log in does not by itself constitute cancellation.

EGS will provide automatic-renewal notices required by applicable law based on the applicable billing and renewal period.

Refunds

All Workplace Reality™ sales are final and non-refundable except where otherwise required by applicable law.

Because access, digital resources, technology, intellectual property, and/or services may become available immediately after purchase, EGS does not provide refunds based on:

• failure to use Workplace Reality™;
• dissatisfaction with a recommendation, report, or analysis;
• disagreement with an interpretation;
• a change in your employment circumstances;
• failure to obtain a desired workplace outcome;
• forgetting to cancel before a renewal;
• reaching or being subject to the disclosed daily usage limit;
• purchasing another Power & Prime™ product;
• deciding that you no longer need Workplace Reality™; or
• failing to review these Terms before purchase.

Nothing in this section limits non-waivable rights available under applicable law.

Chargebacks and Payment Disputes

If you believe EGS charged you incorrectly, we encourage you to contact us promptly at support@powerandprime.com so that we have an opportunity to review and resolve the matter.

Nothing in these Terms limits any non-waivable rights you may have with your payment provider or under applicable law.

Initiating a chargeback or payment dispute does not automatically terminate these Terms or establish that a charge was unauthorized or improper.

EGS reserves the right to provide relevant transaction records, account records, access records, usage records, evidence of agreement to these Terms, communications, and other appropriate documentation to payment processors, financial institutions, collection providers, or other parties reviewing a payment dispute.

Fraudulent chargebacks or knowingly false payment disputes may result in immediate suspension or termination of access, and EGS reserves the right to pursue additional remedies available under applicable law.

12. Intellectual Property and Prohibited Use

Workplace Reality™, Power & Prime™, and the methodologies, frameworks, prompts, processes, systems, assessments, decision structures, language, training materials, resources, interfaces, written materials, videos, audio materials, graphics, templates, examples, tools, technology, and other proprietary materials made available through Workplace Reality™ are intellectual property owned by or licensed to EGS.

For purposes of these Terms, these materials are collectively referred to as the “Protected Materials.”

Your purchase provides you with a limited, personal, revocable, non-exclusive, non-transferable right to access and use the Protected Materials solely for your own authorized use in connection with Workplace Reality™.

Your purchase does not transfer to you any ownership interest in Workplace Reality™, Power & Prime™, or any Protected Materials owned by or licensed to EGS.

All rights not expressly granted under these Terms are reserved by EGS and/or the applicable intellectual property owner.

Without EGS's prior written authorization, you may not:

• reproduce or distribute Protected Materials;
• copy substantial portions of Workplace Reality™ or associated materials;
• sell, license, sublicense, rent, or commercially exploit Protected Materials;
• upload Protected Materials into another membership, course, community, database, knowledge base, resource library, artificial-intelligence system, or similar repository;
• use Protected Materials to train, fine-tune, develop, evaluate, or improve an artificial-intelligence model, chatbot, GPT, automated advisor, dataset, or competing system;
• scrape, systematically extract, harvest, crawl, capture, or download Workplace Reality™ content or data;
• use repeated report generation, patterned submissions, systematic questioning, prompt manipulation, or other methods for the purpose of identifying, reconstructing, extracting, reproducing, or reverse engineering Workplace Reality™ methodologies, decision structures, prompts, systems, logic, workflows, or Protected Materials;
• reverse engineer proprietary decision structures, prompts, assessments, methodologies, systems, software, workflows, or technical features;
• probe, test, bypass, circumvent, exploit, or interfere with security, authentication, access, usage, or technical controls without express written authorization;
• circumvent or attempt to circumvent report-generation limits or other usage restrictions;
• teach or present Protected Materials or proprietary EGS methodologies as your own;
• incorporate Protected Materials into consulting, coaching, training, HR, leadership-development, technology, or other commercial services;
• represent yourself as certified, licensed, trained, endorsed, affiliated with, or authorized by EGS unless EGS has expressly granted that status in writing;
• remove copyright, trademark, proprietary, confidentiality, or attribution notices;
• create derivative commercial products substantially based on Protected Materials;
• gain access to another user's account, information, submissions, or data without authorization;
• obtain, expose, publish, transmit, leak, sell, distribute, or disclose data or information obtained through unauthorized access; or
• assist another person or organization in engaging in prohibited conduct.

Using Workplace Reality™ to help you personally think through and respond to your own workplace situations is permitted.

Repurposing the underlying system, Protected Materials, proprietary architecture, report-generation process, or other components of Workplace Reality™ to advise others, recreate methodology, build competing systems, train technology, or create commercial products is prohibited.

A claimed public-interest, ethical, investigative, journalistic, whistleblowing, research, advocacy, security-testing, accountability, competitive, or similar purpose does not authorize access to, acquisition of, copying of, interference with, disclosure of, or distribution of Protected Materials, systems, accounts, or data where such access or conduct has not been expressly authorized by EGS or otherwise permitted by applicable law.

If you believe you have identified a security vulnerability, report it to support@powerandprime.com.

Reporting a suspected vulnerability does not authorize continued access, testing, exploitation, extraction, disclosure, publication, or interference with EGS systems or data.

13. User Content and De-Identified Information

You retain ownership of original information and materials you submit to Workplace Reality™, subject to the rights reasonably necessary for EGS and its service providers to process your submission and provide Workplace Reality™.

You grant EGS a limited license to host, process, transmit, analyze, and otherwise use submitted content as reasonably necessary to:

• provide Workplace Reality™;
• generate requested reports or outputs;
• maintain and operate the service;
• troubleshoot technical issues;
• protect the platform from fraud, security threats, unauthorized use, or misuse;
• enforce usage restrictions and these Terms;
• comply with applicable law; and
• improve service quality as permitted by applicable law and EGS's privacy practices.

You represent and warrant that you have the right to submit the information you provide.

To the extent permitted by applicable law and EGS's privacy practices, EGS may use anonymized, de-identified, or aggregated information derived from use of Workplace Reality™ to understand workplace patterns, improve products, conduct analysis, develop educational content, and improve EGS's systems.

EGS will not intentionally use such information in a manner designed to identify you personally.

EGS may separately request permission before using an identifiable user story, testimonial, case study, name, likeness, or attribution for marketing or promotional purposes.

14. Community and Acceptable Use

If Workplace Reality™ includes group discussions, community spaces, case reviews, live sessions, or similar user interactions, you agree to respect the privacy of other participants.

You may not:

• record private sessions without authorization;
• screenshot, photograph, record, publish, or distribute another user's confidential submission;
• identify, disclose, screenshot, photograph, record, publish, or distribute another user's identity or information reasonably capable of identifying that user without that user's express permission;
• attempt to identify a user associated with an anonymous or de-identified scenario;
• publish another person's workplace situation;
• harass, threaten, demean, intimidate, retaliate against, or target another user;
• use information obtained through Workplace Reality™ for solicitation, retaliation, competitive intelligence, investigation of another user, or other improper purposes;
• use Workplace Reality™ for unlawful, fraudulent, threatening, abusive, malicious, or intentionally deceptive purposes;
• impersonate another person;
• induce or facilitate an unlawful breach of confidentiality, privacy, security, fiduciary, contractual, employment, or other lawful third-party obligation;
• obtain unauthorized access to EGS systems or another person's account or information;
• interfere with platform operations, security, or availability;
• distribute malware or malicious code;
• circumvent payment, usage, technical, security, or access controls; or
• otherwise use Workplace Reality™ in a manner that infringes the rights of EGS, an applicable intellectual property owner, another user, employer, or any third party.

EGS may establish additional community or conduct standards from time to time.

15. Suspension or Termination of Access

EGS may suspend, restrict, or terminate access to Workplace Reality™ when reasonably necessary to protect EGS, an applicable intellectual property owner, Protected Materials, technology, users, service providers, or other third parties.

Grounds may include, without limitation:

• nonpayment;
• account sharing;
• attempted circumvention of usage limits;
• intellectual-property misuse;
• attempted extraction or reconstruction of proprietary methodology;
• misuse of confidential or third-party information;
• abusive or threatening conduct;
• fraud;
• knowingly false payment disputes;
• security concerns;
• unauthorized system access;
• unlawful activity;
• misuse of user information;
• attempts to circumvent technical or access controls;
• material violation of community standards; or
• material violation of these Terms.

To the fullest extent permitted by applicable law, EGS reserves the right to discontinue a customer relationship or decline future service.

Termination for violation of these Terms does not entitle you to a refund except where otherwise required by law.

Provisions concerning intellectual property, confidentiality, submitted information, payment obligations, dispute resolution, disclaimers, liability, indemnification, and provisions that by their nature should survive termination will remain effective following termination.

16. Third-Party Technology and Service Availability

Workplace Reality™ may rely on third-party technology or service providers, including payment processors, hosting providers, authentication systems, community platforms, communications providers, analytics providers, artificial-intelligence providers, database providers, or other technology vendors.

Your use of certain third-party services may also be governed by those providers' terms and privacy policies.

EGS is not responsible for interruptions, outages, security incidents, policy changes, discontinued features, or other acts or omissions of third-party providers outside EGS's reasonable control.

EGS does not guarantee uninterrupted or error-free access to Workplace Reality™.

EGS may update, modify, replace, add, discontinue, or reorganize features, technology, workflows, resources, interfaces, report formats, usage limits, or delivery methods as Workplace Reality™ evolves.

Reasonable modifications to delivery methods, available features, or product functionality do not create an automatic right to a refund.

If EGS permanently discontinues the entire paid service during a prepaid access period, EGS will determine an appropriate remedy consistent with applicable law and the circumstances of the discontinuation.

17. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WORKPLACE REALITY™ AND ALL ASSOCIATED CONTENT, SERVICES, TECHNOLOGY, RECOMMENDATIONS, REPORTS, OUTPUTS, AND MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

EGS DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, AND ANY WARRANTY THAT WORKPLACE REALITY™ WILL PRODUCE A PARTICULAR RESULT.

Some jurisdictions do not permit certain warranty exclusions, so portions of this provision may not apply to you.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EGS AND ITS OWNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO WORKPLACE REALITY™, INCLUDING LOSS OF EMPLOYMENT, INCOME, BUSINESS OPPORTUNITY, PROMOTION, DATA, REPUTATION, OR OTHER ECONOMIC OR PROFESSIONAL LOSS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EGS'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO WORKPLACE REALITY™ WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID TO EGS FOR WORKPLACE REALITY™ DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

19. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless EGS and its owners, affiliates, officers, directors, employees, contractors, agents, licensors, and service providers from third-party claims, liabilities, damages, losses, and reasonable costs arising from or related to:

• your unlawful use of Workplace Reality™;
• information or materials you submit without authorization;
• your violation of confidentiality, privacy, intellectual-property, contractual, employment, security, or other lawful obligations owed to a third party;
• your infringement of another party's rights;
• your violation of these Terms;
• unauthorized access, disclosure, distribution, or use of information or Protected Materials attributable to your conduct;
• attempts to circumvent usage limits or access controls; or
• your misuse or unauthorized distribution of Protected Materials.

Nothing in this section requires indemnification to the extent prohibited by applicable law.

20. Governing Law and Dispute Resolution

These Terms will be governed by the laws of the State of North Carolina, without regard to conflict-of-law principles, except to the extent applicable federal law or other non-waivable law requires otherwise.

Informal Resolution

Before either you or EGS initiates mediation, arbitration, or other formal proceedings concerning a dispute arising from or relating to Workplace Reality™ or these Terms, the complaining party must provide written notice describing:

• the nature and factual basis of the dispute;
• the relief or resolution requested; and
• information reasonably sufficient to permit the receiving party to evaluate the dispute.

Notice to EGS must be sent to:

Envision Great Solutions, Inc.
1914 J N Pease PL., PMB# 1008
Charlotte, NC 28262

support@powerandprime.com

The parties will have thirty (30) days following receipt of a complete dispute notice to attempt in good faith to resolve the dispute directly.

This requirement does not prevent either party from seeking temporary or emergency relief where delay could result in irreparable harm.

Mediation

If the dispute is not resolved through direct discussion, the parties will make a good-faith effort to resolve the dispute through mediation before proceeding to binding arbitration, except where the parties mutually agree that mediation would be impractical or disproportionate to the amount or nature of the dispute.

Mediation is a confidential, non-binding process in which a neutral mediator assists the parties in attempting to reach a voluntary resolution.

The mediator does not decide the dispute.

Unless the parties otherwise agree, mediation may be conducted remotely.

Binding Individual Arbitration

If the dispute remains unresolved following the applicable informal-resolution and mediation process, it will be resolved through final and binding individual arbitration, except for claims eligible for small claims court or claims expressly permitted to proceed in court under these Terms.

The arbitration will be conducted by a neutral arbitrator under applicable consumer arbitration procedures.

The arbitrator may award any individual relief that a court of competent jurisdiction could award to the extent permitted by applicable law.

Judgment on an arbitration award may be entered in a court having jurisdiction.

Unless the parties otherwise agree or applicable rules require otherwise, arbitration may be conducted by videoconference, telephone, written submissions, or another reasonably accessible method appropriate to the nature and amount of the dispute.

Nothing in this section prevents either party from bringing an eligible individual claim in small claims court.

Court Relief for Intellectual Property, Security, and Irreparable Harm

Notwithstanding the arbitration requirement, EGS may seek temporary, preliminary, emergency, injunctive, equitable, or other appropriate judicial relief concerning:

• infringement, theft, misuse, disclosure, or misappropriation of intellectual property or Protected Materials;
• unauthorized access to EGS systems, accounts, technology, data, or security infrastructure;
• cybersecurity incidents or threatened cybersecurity harm;
• unauthorized disclosure, publication, scraping, extraction, distribution, or exploitation of EGS data or Protected Materials;
• misuse of EGS trademarks, confidential information, or proprietary systems; or
• conduct presenting an imminent threat of irreparable harm for which monetary damages alone may be inadequate.

Seeking such relief does not waive arbitration of other claims that remain subject to arbitration.

Individual Claims Only

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND EGS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, REPRESENTATIVE, OR PARTICIPANT IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, OR REPRESENTATIVE PROCEEDING.

The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that party's individual claim, except where applicable law requires otherwise.

Jury-Trial Waiver

TO THE EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY DISPUTE THAT IS PERMITTED OR REQUIRED TO PROCEED IN COURT RATHER THAN ARBITRATION, YOU AND EGS KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY.

Venue

Except where applicable law requires otherwise, any dispute permitted to proceed in court under these Terms will be brought in the appropriate state or federal court located in Mecklenburg County, North Carolina.

Each party consents to the personal jurisdiction of those courts for claims properly brought there.

These dispute-resolution provisions govern disputes between EGS and persons who have agreed to these Terms. They do not purport to bind an employer or other third party that has not entered into an agreement with EGS solely because that party employs, supervises, reimburses, pays for, interacts with, or is discussed by a Workplace Reality™ user.

21. Changes, Severability, No Waiver, and Assignment

EGS may update these Terms periodically.

For material changes affecting existing recurring access, EGS will provide notice in a manner reasonably calculated to inform affected users as required by applicable law.

The effective date appearing at the top of these Terms identifies the current version.

Your continued use of Workplace Reality™ after legally effective changes become applicable may constitute acceptance of updated Terms where permitted by applicable law.

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions will remain effective to the fullest extent permitted by law.

An invalid provision will be interpreted or modified only to the extent necessary to make it enforceable while preserving its intended purpose as closely as legally permissible.

EGS's failure to enforce any provision of these Terms does not waive EGS's right to enforce that provision or any other provision later.

You may not assign or transfer your rights under these Terms without EGS's prior written consent.

EGS may assign or transfer its rights and obligations in connection with a merger, acquisition, sale of assets, corporate restructuring, reorganization, change in control, transfer of applicable business operations, or other lawful business transaction.

22. Entire Agreement

These Terms, together with the applicable checkout page, Privacy Policy, and any additional written terms expressly incorporated into your Workplace Reality™ purchase, constitute the agreement between you and EGS regarding Workplace Reality™.

If a separate written agreement signed or expressly accepted by EGS conflicts with these Terms, that separate agreement controls to the extent of the conflict.

23. Contact

Questions concerning these Terms may be directed to:

Envision Great Solutions, Inc.
1914 J N Pease PL., PMB# 1008
Charlotte, NC 28262

support@powerandprime.com

www.workplacereality.com