View Privacy Policy | View Terms of Service | View Site Terms of Use
Last Updated: March 11, 2025
These Engineering Unleashed Platform Terms of Service (these "Terms") govern your access and use of the online Engineering Unleashed platform and related materials made available to you by The Robert D. and Patricia E. Kern Family Foundation, Inc. ("Kern," "we," "us," or "our") at engineeringunleashed.com (that platform, all platform content, and related materials, together, "Platform").
By accessing or using the Platform, you agree on behalf of yourself and any institution or company that you represent (together, "you") that you have read and understand these Terms. If you do not agree with these Terms, do not access or use the Platform.
We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to the Platform and, by accessing or using the Platform after changes are posted, you agree to those changes. Material changes will be conspicuously posted on the Platform or otherwise communicated to you.
1. Privacy Policy. We may collect certain information from your use of the Platform as described in our Privacy Policy, which is incorporated into these Terms by this reference. Your use of the Platform constitutes your acknowledgement of the information collection, use, and sharing described in our Privacy Policy.
2. License. Provided you comply with these Terms, Kern grants you a limited, revocable, nonassignable, nontransferable, nonsublicensable, nonexclusive license to access and use the Platform and any content and materials made available via the Platform (including any User-Generated Content as defined below) solely for your own internal noncommercial educational and research purposes, including to copy, reproduce, display, distribute, publish, modify, make derivate works of, implement, and use the downloadable educational materials made available on the Platform's Cards. Use of the Platform and any content available via the same is strictly limited to non-commercial educational and research purposes. Under no circumstances may you sell or otherwise commercialize the Platform or any content or materials available via the Platform or otherwise use them in any commercial venture. All access to and use of the Platform must be in furtherance of the missions of Engineering Unleashed and the entrepreneurial mindset as directed by Kern.
3. Intellectual Property Rights. The Platform, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components and content, and the design, selection, and arrangement of content is exclusively the property of Kern or, as applicable, its suppliers and licensors (which may be you in the case of User Generated Content as described below), and is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Kern or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The Platform may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners. Except as expressly described in these Terms, no licenses or other rights, express or implied, are granted by Kern to you under any patent, copyright, trademark, trade secret, or other intellectual property right. Content on this Platform may include videos and other embedded content, such as YouTube videos. Any access to YouTube videos is also subject to YouTube’s Terms of Service available here. By accessing such YouTube content you are agreeing to be bound by YouTube’s Terms of Service.
4. Compliance with Laws. You are responsible for complying with all local, state, and federal laws and regulations that apply to your use of the Platform, including without limitation anti -spam laws and privacy laws.
5. Your Account and User Profile; Cards, Groups, and Forums.
a. You will be required to set up an online Platform account in order to use the Platform to view content or materials and submit User-Generated Content (as further described below) or purchase or register for events. You will be required to submit certain information in order to set up your account which is governed by our Privacy Policy and will be required to establish a username and password. You are responsible for maintaining the confidentiality of any information you use in connection with the Platform, including your username and any password. You are responsible for all activity on your account. If you believe someone else has accessed your account, please change your password and notify us immediately at communitymanager@engineeringunleashed.com. In connection with your access and use of the Platform and that of any person authorized by you to access and use the Platform, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct.
b. You warrant that all information you provide to us in connection with your access to and use of the Platform is true, accurate, and complete to the best of your knowledge and belief.
c. Kern reserves the right to impose limits on Platform features (e.g., the ability to provide User-Generated Content) or otherwise restrict access to all or parts of the Platform at any time for any reason, including violation of these Terms, or terminate the Platform or any features of functions without notice to you.
d. You understand that any person can create a Platform account and that all Platform users will be able to view your Platform user profile and any Cards, Subnets, Forums, and other pages that you create, join, or participate in. You may invite other users to create an account on the Platform and to collaborate with you on Cards by selecting that option on the Platform. You may message other Platform users, and receive messages from other Platform users, via the Platform. You may search for other Platform users and categorize and create groups of other Platform users using the "My Community" feature.
e. Your use of any Zoom feature available on the Platform is also subject to the Zoom terms applicable to that feature, which are available here: https://zoom.us/terms.
6. Restrictions on Your Use of the Platform.
• You may download and print one copy of the Platform's visible content for your own internal noncommercial educational and research use, provided you do not modify or delete any copyright, trademark, or other proprietary notices.
• You may not license, rent, or sell the Platform or any part of the Platform, including any content or materials.
• Except as expressly described in these Terms, you may not copy, reproduce, display, duplicate, publish, distribute, modify, translate, adapt, or create derivative works of the Platform or any part of the Platform, including any content or materials, without the prior written consent of Kern.
• You must maintain a polite, pleasant, and respectful environment on the Platform. Content that harasses, abuses, stalks, threatens, violates the legal rights of others, or is otherwise defamatory, indecent, pornographic, obscene, or otherwise objectionable or harmful is prohibited. User-Generated Content must be relevant to the applicable topic. is prohibited.
• You may not access, use, or copy any portion of the Platform, including any of its content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
• You may not use the Platform to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware or other computer programming routines that may damage, interfere with, intercept, or expropriate any system, data, or personal information.
• User activities that aim to render the Platform or content inoperable or to make their use more difficult are prohibited.
• You may not submit inaccurate information via the Platform (including misrepresenting your qualifications or affiliations with any institution), commit fraud or falsify information in connection with your use of the Platform, or act maliciously against the business interests or reputation of Kern or any third party.
• You may not create a false identity or impersonate or attempt to impersonate another user or person.
• You may not create an account for any person other than yourself or otherwise provide another person’s private or confidential information.
• You may not create more than one account.
• You may not use a user profile image other than a headshot-style photograph.
• You may not engage in data mining or similar data gathering or extraction activities.
• You may not retrieve data or other content from the Platform for purposes of creating or compiling that content for any purpose other than your authorized use of the Platform as permitted by these Terms.
• You may not harass, annoy, intimidate, or threaten any Kern employees, contractors, agents, or representatives engaged in providing the Platform.
• You may not collect usernames or email addresses of other Platform users by electronic or any other means for purposes of sending unsolicited emails or other communications or of creating accounts for individuals other than yourself.
• You may not post or send unsolicited messages, chain letters, spam, or junk mail.
• You may not sell or otherwise transfer your Platform account.
• You may not use the Platform for unlawful purposes.
7. Training Materials. You may be required to view specified entrepreneurial mindset ("EM") training videos or otherwise complete certain EM trainings through the Platform before you are permitted to create Cards, Subsets, or access certain other functionality of the Platform. You may not mark any training materials as completed unless you have in fact viewed and participated in (if applicable) those training materials in their entirety.
8. Event Registration Fee Payment Information. Purchases of event tickets through the Platform must be made by credit or debit card. Information about our collection and use of payment-related information is described in our Privacy Policy. If the credit or debit card information that you submit is incorrect or invalid, your payment will not be processed. We have no responsibility or liability if your credit or debit card is declined by your financial institution. Payments are processed by our PCl-compliant third-party payment processor. Refunds, if available, are at Kern's sole discretion.
9. User-Generated Content.
a. The Platform allows you to create, post, transmit, upload, publish, distribute, broadcast, submit, or otherwise provide comments, data, text, images, video, audio, and other content and material via your account and to respond (together, "User-Generated Content") to content provided by Kern and others on the Platform.
b. If you submit User-Generated Content that is created using artificial intelligence, in whole or in part, your submission of your User-Generated Content must contain a clear notice that the User-Generated Content was created using artificial intelligence.
c. User-Generated Content is neither generated nor controlled by Kern. Kern is not responsible for any User-Generated Content. You are responsible for all User-Generated Content that you provide and for the legality, originality, and appropriateness thereof.
d. By providing User-Generated Content you warrant (1) that you are the creator or owner of that User-Generated Content or that you otherwise have the rights, permissions, and consents necessary to provide that User-Generated Content to us and to allow us to use that User-Generated Content as permitted by these Terms and (2) that any User-Generated Content you provide and the use of the same by Kern or other users of the Platform will not cause violation of any law or regulation or any infringement or misappropriation of any intellectual property rights. By providing User-Generated Content, you agree not to claim that any use of that User-Generated Content by us or any third party infringes or violates your or any other person's intellectual property rights, rights of privacy, rights of publicity, or other right.
e. You retain any copyright or other intellectual property right you may have in User-Generated Content that you provide. However, if you provide User-Generated Content, you grant Kern an unlimited perpetual, irrevocable, transferable, assignable, sublicensable, royalty-free, fully paid-up, worldwide license to copy, reproduce, implement, modify, adapt, reformat, translate, excerpt, prepare derivative works of, store, publish, perform, display, license, sell, exploit, and otherwise use and distribute (in all media and methods now known or later developed) solely for noncommercial, educational and research purposes. You understand that we may modify User-Generated Content that you provide and use it without attribution. For more information on how we use and share User-Generated Content, please review our Privacy Policy.
f. Please keep in mind that any User-Generated Content that you provide may be publicly posted and available via the Platform.
g. User-Generated Content may not be monitored. Kern reserves the right, but does not have the obligation, to review User-Generated Content. Kern also reserves the right, but does not have the obligation, at any time for any reason (including due to violation of these Terms), to prescreen User-Generated Content, to edit, redact, and otherwise modify User-Generated Content, to reorganize and recategorize User-Generated Content, and to delete User-Generated Content from the Platform. Kern has no obligation to archive or otherwise store any User-Generated Content.
h. If you delete User-Generated Content that you have provided, you understand that it may remain in our archives and that users who have accessed or downloaded that User-Generated Content may continue to have access to and use it.
i. If you believe that any User Generated Content on the Platform infringes any copyright that you own or control, please follow the process described below. If you believe that any User Generated Content on the Platform violates another law or regulation or any provision of these Terms, please notify us of that violation at communitymanager@engineeringunleashed.com.
10. Copyright Policy. We respect the intellectual property rights of others and we ask that our users do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), located at 17 U.S.C. § 512, and other applicable laws, we strive to expeditiously remove any infringing material from the Platform if we become aware of the same. If you believe that anything on the Platform infringes any copyright that you own or control, please provide our designated agent with a notice that contains the following information:
• A description of the copyrighted work(s) that you claim have been infringed;
• A description of the allegedly infringing material, including its location on the Platform;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• Your email address, telephone number, and mailing address;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf; and
• An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
Your notice must meet the then-current requirements implemented by the DMCA. Contact information for our designated agent for notice of claims of copyright infringement is:
Clement Mariaselvanayagam Kern Family Foundation W305S4239 Brookhill Road Waukesha, WI 53189
Phone: (262) 968-6838
Email: clementm@kffdn.org
11. Account Suspension, Deactivation, and Termination. Kern may, in its sole discretion, suspend, deactivate, or terminate your account and your use of the Platform for any reason, without notice or liability, including if you breach these Terms, if your account is inactive, or if it becomes no longer commercially viable to provide the Platform to you. If we suspend, deactivate, or terminate your account, you may not create another account without our prior written permission. You may terminate your account at any time by selecting that option on the Platform, but you understand that any User-Generated Content you have provided will both remain in our archives and may continue to be accessible by other Platform users (for example, through Cards that you have created or to which you have contributed materials). If you terminate your account, your user profile will no longer be viewable to other users on the Platform.
12. Program, Product, and Service Availability. Any programs, products, or services (for example, events) that may be mentioned on the Platform are subject to availability. Kern may change the programs, products, and services mentioned on the Platform at any time without notice.
13. NO WARRANTY. The Platform is provided "as is," "as available," “with all faults,” and without any warranty of any kind. Kern makes commercially reasonable efforts to ensure that all material, information, and data on the platform (excluding any user-generated content) is accurate and reliable, but kern makes no guarantee or warranty as to the accuracy or reliability of the same. Kern does not guarantee the quality, completeness, timeliness, or availability of the platform or any communications through the platform. Kern does not warrant that the platform will be uninterrupted or error-free, that any defects in the platform will be corrected, or that the platform or the servers that make the platform available are free of viruses or other harmful conditions or components. Kern is not responsible for any typographical errors on the platform.
To the maximum extent permitted by law, Kern expressly disclaims all warranties of any kind with respect to the platform, including those regarding availability, quality, accuracy, merchantability, fitness for any use or purpose, compatibility with any standards or user requirements, title, and noninfringement, and all warranties arising from a course of dealing or usage in trade. Kern has no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communication.
We do not warrant or endorse any user-generated content. All user-generated content is solely the responsibility of the person who provided that user-generated content.
Your use of the platform is at your own risk and you, alone, are responsible for any damage to your computer hardware, software, systems, and networks, any loss of data that results from the download of any information from the platform, and for any other damage that may be incurred.
We make no representation that the platform is appropriate or available for use in locations other than the united states. If you choose to access the platform from locations other than the united states, you do so at your own risk and you are responsible for complying with applicable laws and regulations. No advice or information, oral or written, obtained by you from kern or in any manner from the platform creates any warranty.
14. LIMITATION OF LIABILITY. To the maximum extent permitted by law, in no event will Kern, its affiliates, or its or their respective directors, officers, employees, contractors, representatives, consultants, agents, suppliers, or licensors be liable for any direct, indirect, special, incidental, exemplary, punitive, or consequential loss or damage, or any other loss or damage of any kind, arising out of or in connection with the Platform or your access to or use of, or inability to access or use, the Platform (including the input of personally identifiable and other information into the Platform), whether the claim is based in contract, tort (including negligence), strict liability, warranty, or otherwise, and even if Kern has express knowledge of the possibility of the loss or damage or such loss or damage is otherwise foreseeable. Your sole and exclusive remedy is to stop accessing and using the Platform. Without limiting the foregoing, in no event will Kern's liability to you exceed $100, even if this remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions and limitations may not apply to you.
15. Indemnification. You will indemnify, defend, and hold harmless Kern, its affiliates, and its and their respective directors, officers, employees, contractors, representatives, consultants, agents, suppliers, and licensors from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, damages, expenses, and costs (including reasonable attorneys' fees) that arise out of or in connection with your access to or use of the Platform, your misuse of any material, data, or other information downloaded or otherwise obtained from the Platform, or your violation of these Terms. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.
16. Third-Party Web Sites. The Platform may link to, or be linked to, web sites not maintained or controlled by Kern. Those links are provided as a convenience and Kern is not responsible for examining or evaluating the content or accuracy of, and does not warrant or endorse, any third-party web site or any products or services made available through those web sites. Please take care when leaving the Platform to visit a third -party web site. You should read the terms of use and privacy policy for each web site that you visit.
17. Audit. Kern and its designated representatives may, at their expense, audit, examine, and make copies of data, documents, information, and other records in your possession or control that relate to or concern the Platform in order to determine your compliance with these Terms.
18. Feedback. Kern welcomes comments regarding the Platform. If you submit comments or feedback to us regarding the Platform, they will not be considered or treated as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
19. Disputes. These Terms are governed by the laws of the state of Wisconsin, without regards for its conflict of law principles. Venue is exclusively in the state or federal courts, as applicable, located in Milwaukee County, Wisconsin, with respect to any dispute arising under these Terms unless otherwise determined by Kern in its sole discretion and the parties expressly agree to the exclusive jurisdiction of those courts. If there is a dispute, the prevailing party will be entitled to recovery of its costs and expenses, including reasonable attorneys' fees. Any cause of action or other claim with respect to the Platform must be commenced within one year after the cause of action or claim arises.
20. Assignment. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign these Terms without our prior written consent.
21. Interpretation. These Terms, including our website Terms of Use and Privacy Policy, are the entire agreement between you and Kern with respect to your access to and use of the Platform. Kern's failure to enforce any provision in these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Kern. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms. These Terms inure to the benefit of Kern's successors and assigns.
22. Survival. Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of these Terms or of your access to or use of the Platform.
23. Notices. All notices, consents, and other communications permitted or required to be given under these Terms must be in writing and addressed to the recipient and will be deemed given: upon delivery if personally delivered with fees prepaid, including by a recognized courier service; upon receipt if delivered by certified or registered United States mail, postage prepaid and return receipt requested, as indicated by the date on the signed receipt; or, where you are the recipient, upon delivery by email.
24. Electronic Communications. These Terms and any other documentation, agreements, notices, or communications between you and Kern may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
25. Contact Us. Please direct any questions and concerns regarding these Terms to us by email at communitymanager@engineeringunleashed.com, by telephone at 262.968.6838, or by mail at The Kern Family Foundation, W305 54239 Brookhill Road, Waukesha, Wisconsin 53189.
Last Updated: March 11, 2025
These Terms of Use (these "Terms") govern your access and use of the Engineering Unleashed web site at engineeringunleashed.com (the "Site"), made available to you by The Robert D. and Patricia E. Kern Family Foundation, Inc. ("Kern," "we," "us," or "our").
By accessing or using the Site, you agree on behalf of yourself and any company that you represent (together, "you") that you have read and understand these Terms. If you do not agree with these Terms, do not access or use the Site.
We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to the Site. By accessing or using the Site after changes are posted, you agree to those changes. Material changes will be conspicuously posted on the Site or otherwise communicated to you.
1. Privacy Policy. We will collect information from your use of the Site as set forth in our Privacy Policy, which is incorporated into these Terms by this reference. Your
use of the Site constitutes your acknowledgement of the information collection, use, and sharing as set forth in our Privacy Policy.
2. Intellectual Property Rights. The Site, including its text, audio, video, graphics, charts, photographs, interfaces, icons, other content, software, computer code, data, trademarks, logos, slogans, names of services, documentation, other components, and t he design, select ion, and arrangement of content is exclusively the property of Kern or, as applicable, its suppliers and licensors, and is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, or any other intellectual property belonging to Kern or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The Site may contain references to third-party marks and copies of thirdparty copyrighted materials, which are the property of their respective owners.
4. Use of the Site; Compliance with Laws. You may download and print one copy of the Site's visible content for internal noncommercial educational and research uses, provided you do not modify or delete any copyright, trademark, or other proprietary notices. You may not otherwise copy, reproduce, display, duplicate, sell, publish, post, license, distribute, or create derivative works of the Site or any part of the Site without the prior written consent of Kern. You may not use the Site for unlawful purposes. You may not access, use, or copy any portion of the Site or its content through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms. Actions that aim to render the Site or associated services inoperable or to make their use more difficult are forbidden. You may not submit inaccurate information or harmful materials via the Site, commit fraud or falsify information in connection with your use of the Site, or act maliciously against the business interests or reputation of Kern or any third party. You are responsible for complying with all local, state, and federal laws and regulations that apply to your use of the Site.
5. Account. Certain features and functions of the Site are only available via account access. Registration and use of an account is subject to the Terms of Service.
6. NO WARRANTY. The Site is provided "as is," "as available," “with all faults”, and without any warranty of any kind. Kern makes commercially reasonable efforts to ensure that all material, information, and data on the site is accurate and reliable, but Kern makes no guarantee or warranty as to the accuracy or reliability of the same. Kern does not guarantee the quality, completeness, timeliness, or availability of the site. Kern does not warrant that the site will be uninterrupted or error-free, that any defects in the site will be corrected, or that the site or the servers that make the site available are free of viruses or other harmful conditions or components. Kern is not responsible for any typographical errors on the site. To the maximum extent permitted by law, kern expressly disclaims all warranties of any kind with respect to the site, including without limitation those regarding availability, quality, accuracy, fitness for any use or purpose, compatibility with any standards or user requirements, title, and noninfringement and all warranties arising from a course of dealing or usage in trade. Kern has no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communication. Your use of the site is at your own risk and you, alone, are responsible for any damage to your computer hardware, software, systems, and networks, any loss of data that results from the download of any information from the site, and for any damage that may be incurred. We make no representation that the site is appropriate or available for use in locations other than the united states. If you choose to access the site from locations other than the united states you do so at your own risk and you are responsible for complying with applicable laws and regulations. No advice or information, oral or written, obtained by you from kern or in any manner form the site creates any warranty.
7. LIMITATION OF LIABILITY. To the extent permitted by law, in no even will kern, its affiliates or its or their respective directors, officers, employees, representatives, consultants, agents, suppliers, or licensors be liable for any direct, indirect, special, incidental, exemplary, punitive, or consequential loss or damage, or any other loss or damage of any kind, arising out of or in connection with the site or your use of the site (including without limitation the input of personally identifiable and other information into the site), whether the claim is based in contract, tort (including negligence), strict liability, warranty, or otherwise and even if kern has express knowledge of the possibility of the loss or damage. Your sole and exclusive remedy is to stop accessing and using the site. Without limiting the foregoing, if kern or any of its affiliates is found liable to you or to any third party as a result of any claims or other matters arising out of or in connection with the site or these terms. The maximum liability for all of those claims and other matters will not exceed $100, even if this remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions and limitations may not apply to you.
8. Indemnification. You will indemnify, defend, and hold harmless Kern, its affiliates, and its and their respective directors, officers, employees, representatives, consultants, agents, suppliers, and licensors from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, damages, expenses, and costs (including without limitation reasonable attorneys' fees) that arise out of or in connection with your access to or use of the Site, your misuse of any material, data, or other information downloaded or otherwise obtained from the Site, your order of products and services through the Site, or your violation of these Terms. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.
9. Third-Party Web Sites. The Site may link to, or be linked to, web sites not maintained or controlled by Kern. Those links are provided as a convenience and Kern is not responsible for examining or evaluating the content or accuracy of, and does not warrant or endorse, any third-party web site or any products or services made available through those web sites. Please take care when leaving the Site to visit a third-party web site. You should read the terms of use and privacy policy for each web site that you visit.
10. Linking to the Site. If you operate a web site and are interested in linking to the Site: (i) the link must be a text-only link and clearly marked; (ii) the link must "point" to the URL "https://engineeringunleashed.com" and not to any other page; (iii) the link and its use must be in connection with a web site of appropriate subject matter that furthers the missions of Kern; (iv) the link and its use must not, nor have the potential to, damage or dilute the goodwill associated with Kern's names and trademarks; (v) the link and its use must not create the false appearance that any program, person, or entity is associated with or sponsored by Kern; and (vi) the link, when activated by a user, must display the Site full-screen and not within a "frame." Kern reserves the right to revoke consent to link to the Site at any time in its sole discretion, either by amending these Terms or through other notice.
11. Feedback. Kern welcomes comments regarding the Site. If you submit comments or feedback to us regarding the Site, they will not be considered or maintained as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
12. Disputes. These Terms are governed by the laws of the state of Wisconsin, without regards for its conflict of law principles. Venue is exclusively in Milwaukee County, Wisconsin, with respect to any dispute arising under these Terms unless otherwise determined by Kern in its sole discretion. If there is a dispute, the prevailing party will be entitled to recovery of its costs and expenses, including reasonable attorneys' fees. The United Nations Convention for the International Sale of Goods does not apply. Any cause of action or other claim with respect to the Site must be commenced within one year after the cause of action or claim arises.
13. Assignment. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign these Terms without our prior written consent.
14. Third-Party Beneficiaries. These Terms do not confer any rights, remedies, or benefits upon any person other than you, except that our affiliates are third-party beneficiaries of these Terms.
5. Entire Agreement. These Terms, including our Privacy Policy, are the entire agreement between you and Kern with respect to your access to and use of the Site. Kern's failure to enforce any provision in these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Kern. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be considered severable from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms. These Terms will inure to the benefit of Kern's successors and assigns.
16. Survival. Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification or limitation of our liability) will continue in effect beyond any termination of these Terms or of your access to the Site.
17. Electronic Communications. These Terms and any other documentation, agreements, notices, or communications between you and Kern may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
18. Contact Us. Please direct any questions and concerns regarding these Terms to us by email at: communitymanager@engineeringunleashed.com or by mail at W305 S4239 Brookhill Road, Waukesha, WI 53189.