EJM DIGITAL LLC - ODIN and Sweep Wizard
Terms of Service
Terms of Service were last updated and are effective as of December 1, 2018
PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY BEFORE USING THE MOBILE APP. THE AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICES (AS DEFINED BELOW) AND INCLUDES GRANTS OF RIGHTS, LIMITATIONS ON OUR LIABILITY AND, FOR CERTAIN USERS, AN AGREEMENT TO ARBITRATE DISPUTES. BY USING OUR SERVICES, YOU SIGNIFY CONSENT TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT PARTAKE IN ANY OF THE BELOW NOTED SERVICES THAT ARE PROVIDED THROUGH THIS APP. BY USING OUR SERVICES, YOU ARE AGREEING TO BE BOUND BY THE SHERPA SOLUTIONS SONAR TERMS OF USE AND PRIVACY POLICY.
Welcome to ODIN (“Ejm Digital LLC ODIN” or the “Platform”), a computer and/or website and/or mobile application service developed and operated by EJM Digital LLC ODIN (together with its affiliates, subsidiaries and assigns, the “Company” or “EJM Digital LLC” or “we” or “us” or “our”), that provides identity and location-based confirmation services for use by government and enterprise customers (the “Services”). The Platform is accessible through a computer or mobile or other device. EJM DIGITAL LLC has licensed the use of this Platform to government agencies for use in conjunction with the county’s sex offender monitoring pilot program.
By accessing the Platform, whether through a mobile or computer or other device, you (“you” or “your” or “user” or “users”) agree to be bound by these Terms of Service (this “Agreement”), whether or not you create a ODIN account. You should also read the ODIN Privacy Policy, which is incorporated by reference into this Agreement and available on the Platform. In the event of any conflict or inconsistency between the provisions of this Agreement and the Privacy Policy, the provisions of these Terms shall control and govern. If you do not accept and agree to be bound by all of the terms of this Agreement, including the EJM DIGITAL LLC ODIN Privacy Policy, do not use the Platform.
Please contact us info@odinoms.com with any questions regarding this Agreement.
1. Acceptance of Terms of Service Agreement.
2. Eligibility
EJM DIGITAL LLC ODIN is an invite only app with valid credentials required, and is not directed to persons under the age of 18 or who are not at least at the age of majority in the applicable territory (the “Age of Majority”) or if under the age of 18 or the Age of Majority, or persons who are at least 13 and who access the Platform with the prior consent and guidance of a parent or a legal guardian (collectively, as applicable, the “Minimum Age”). By accessing and using the Platform, you represent and warrant that you are at least of Minimum Age in the manner defined and represented in this Section and have been invited to utilize this app through the government agency and have been provided a valid PIN to do so, and that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Using the Platform may be prohibited or restricted in certain countries. If you use the Platform from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Platform. Any use of the Platform is void where prohibited or not expressly permitted in this Agreement.
3. Creating an Account
In order to use EJM DIGITAL LLC ODIN, you must register using the credentials provided to you and provide the information that is requested by your probation officer. For more information regarding the information we collect from you and how we use it, please read our Privacy Policy.
4. Term and Termination.
This Agreement will remain in full force and effect while you use the Platform and/or have a EJM DIGITAL LLC ODIN account. The Company may terminate or suspend your account at any time without notice if the Company believes that you have breached this Agreement, or for any other reason or with or without cause, in its sole discretion. The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. After your account is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
5. Non-commercial Use by Users.
The Platform is for personal use only. Users may not use the Platform or any content contained in the Platform (including, but not limited to, content of other users, images, logos, software, audio files and computer code) in connection with any commercial endeavors, such as advertising or soliciting any user to buy or sell any products or services not offered by the Company. Users of the Platform may not use any information obtained from the Platform to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Platform or the Services for any purpose unless specifically authorized to do so by Sherpa Solutions or your probation officer. The Company may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Platform.
6. Account Security.
You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username, password and/or account. You agree to immediately notify the Company of any disclosure or unauthorized use of your username or password or any other breach of security at security@odinoms.com.
7. Your Interactions with Other Users.
8. Proprietary Rights.
The Company owns and retains all proprietary rights in the Platform, and in all content, trademarks, trade names, service marks, patents, copyrights and other intellectual property rights related thereto (collectively, the “EJM DIGITAL LLC’s IP Rights”). The Platform contains the copyrighted material, trademarks, and other EJM DIGITAL LLC IP Rights and proprietary information of the Company and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other EJM DIGITAL LLC IP Rights, intellectual property or proprietary information accessible through the Platform, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
9. Modifications to Platform.
The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Platform. To protect the integrity of the Platform, the Company reserves the right at any time in its sole discretion to block users from accessing the Platform. Further, by accessing or using the Platform, you accept that we may, at our sole discretion, modify or revise this Agreement at any time by updating the text of this page, including in relation to any applicable fees, without notice to you, and you are bound by any such modification or revision. You should therefore visit this page periodically to review this Agreement. Your continued access, use and/or browsing on this Platform following the posting of changes to the Agreement means you accept those modifications or revisions. We encourage you to review this Agreement whenever you access the Platform to stay informed about any changes or modifications made to it.
10. Disclaimers.
You acknowledge and agree that neither the Company nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate profile information (photo or name) posted in the Platform, whether caused by users or any of the equipment or programming associated with or utilized in the Platform; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any content or communications; (iii) the conduct, whether online or offline, of any user; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or user communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person’s computer or device related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Platform.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY PROVIDES THE PLATFORM ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE PLATFORM (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS IN THE PLATFORM WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE PLATFORM.
From time to time, the Company may make third party information or content available through the Platform. All third party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content. THE COMPANY DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT PROVIDED THROUGH THE PLATFORM, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS IN THE PLATFORM. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED IN THE PLATFORM, OR TRANSMITTED TO OR BY ANY USERS.
11. Links.
The Platform may contain, and the Platform or third parties may provide links to other web sites or resources. You acknowledge and agree that the Company is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your correspondence or business dealings with third parties found in or through the Platform, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, or services or other materials available on or through any such website or resource.
12. Limitation on Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, SUBSIDIARIES, ASSIGNS, BUSINESS PARTNERS, LICENSORS OR PLATFORM PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF GOODWILL, DAMAGES FOR LOSS, CORRUPTION OR BREACHES OF DATA OR PROGRAMS, PLATFORM INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE PLATFORM WHILE YOU HAVE AN ACCOUNT. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE PLATFORM OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
13. Arbitration and Governing Law.
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Platform shall be binding arbitration administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. You must first attempt to resolve the dispute with a duly authorized representative of the Company before seeking resolution through the arbitration or small-claims process. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding. By using the Platform in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Chicago, Illinois. You hereby irrevocably consent to the jurisdiction of those courts for such purposes. This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of Delaware without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act. Details about arbitration procedures can be found at https://www.adr.org/
14. Indemnity by You.
You agree to indemnify and hold the Company, its affiliates, subsidiaries, assigns, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or content you post in the Platform, and the violation of any law or regulation by you. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.
15. Notice.
The Company may provide you with notices, including those regarding changes to this Agreement, using any reasonable means, including by email. Such notices may not be received if you violate this Agreement by accessing the Platform in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Platform in an authorized manner.
16. EJM DIGITAL LLC ODIN Agreement.
This Agreement, along with the Privacy Policy and any other policy adopted by the Company in relation to the Platform (along with the agreements ancillary hereto, and all of the exhibits and schedules attached hereto), constitutes the entire agreement between you and the Company regarding the use of the Platform. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. This Agreement can only be modified or waived by the Company, in its sole discretion as provided in Section 9 above. You agree that your online account is non-transferable and all of your rights to your account or contents within your account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind the Company in any manner. In the event that any provision of this Agreement shall be determined to be illegal, unenforceable or excessively broad as to duration, geographical scope or activity, then that provision shall be construed so that the remaining provisions of the Agreement shall not be affected, but shall remain in full force and effect, and any such illegal or overly broad provision shall be deemed, without further action on the part of any party, to be modified, amended and/or limited, but only to the extent necessary to render the same valid and enforceable in the applicable jurisdiction.
17. California.
For California residents using the Platform, California Civil Code Section 1789.3 grants you the right to receive the following specific consumer rights notice:
The name, address of the provider of this service is EJM DIGITAL LLC,1038 E. Bastanchury Rd. #294, Fullerton, CA 92835. Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address or to help@odinoms.com.
As a California resident, you can reach out to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, for further information on your consumer rights. They can be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.
18. Contact Us.
If you have any questions about this Agreement of Service, please contact us by email at info@OdinOMS.com, or by writing to us at:
ATTN: Terms of Service
EJM DIGITAL LLC
1038 E. Bastanchury Rd. #294
Fullerton, CA 92835
Terms of Service
Terms of Service were last updated and are effective as of December 1, 2018
PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY BEFORE USING THE MOBILE APP. THE AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICES (AS DEFINED BELOW) AND INCLUDES GRANTS OF RIGHTS, LIMITATIONS ON OUR LIABILITY AND, FOR CERTAIN USERS, AN AGREEMENT TO ARBITRATE DISPUTES. BY USING OUR SERVICES, YOU SIGNIFY CONSENT TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT PARTAKE IN ANY OF THE BELOW NOTED SERVICES THAT ARE PROVIDED THROUGH THIS APP. BY USING OUR SERVICES, YOU ARE AGREEING TO BE BOUND BY THE SHERPA SOLUTIONS SONAR TERMS OF USE AND PRIVACY POLICY.
Welcome to ODIN (“Ejm Digital LLC ODIN” or the “Platform”), a computer and/or website and/or mobile application service developed and operated by EJM Digital LLC ODIN (together with its affiliates, subsidiaries and assigns, the “Company” or “EJM Digital LLC” or “we” or “us” or “our”), that provides identity and location-based confirmation services for use by government and enterprise customers (the “Services”). The Platform is accessible through a computer or mobile or other device. EJM DIGITAL LLC has licensed the use of this Platform to government agencies for use in conjunction with the county’s sex offender monitoring pilot program.
By accessing the Platform, whether through a mobile or computer or other device, you (“you” or “your” or “user” or “users”) agree to be bound by these Terms of Service (this “Agreement”), whether or not you create a ODIN account. You should also read the ODIN Privacy Policy, which is incorporated by reference into this Agreement and available on the Platform. In the event of any conflict or inconsistency between the provisions of this Agreement and the Privacy Policy, the provisions of these Terms shall control and govern. If you do not accept and agree to be bound by all of the terms of this Agreement, including the EJM DIGITAL LLC ODIN Privacy Policy, do not use the Platform.
Please contact us info@odinoms.com with any questions regarding this Agreement.
1. Acceptance of Terms of Service Agreement.
- This Agreement is an electronic contract that establishes the legally binding terms you must accept to use the Platform. This Agreement includes the Company’s terms disclosed and agreed to by you by choosing to use the Platform.
- By accessing or using the Platform, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form. To withdraw this consent, you must cease using the Platform and terminate your account.
2. Eligibility
EJM DIGITAL LLC ODIN is an invite only app with valid credentials required, and is not directed to persons under the age of 18 or who are not at least at the age of majority in the applicable territory (the “Age of Majority”) or if under the age of 18 or the Age of Majority, or persons who are at least 13 and who access the Platform with the prior consent and guidance of a parent or a legal guardian (collectively, as applicable, the “Minimum Age”). By accessing and using the Platform, you represent and warrant that you are at least of Minimum Age in the manner defined and represented in this Section and have been invited to utilize this app through the government agency and have been provided a valid PIN to do so, and that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Using the Platform may be prohibited or restricted in certain countries. If you use the Platform from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Platform. Any use of the Platform is void where prohibited or not expressly permitted in this Agreement.
3. Creating an Account
In order to use EJM DIGITAL LLC ODIN, you must register using the credentials provided to you and provide the information that is requested by your probation officer. For more information regarding the information we collect from you and how we use it, please read our Privacy Policy.
4. Term and Termination.
This Agreement will remain in full force and effect while you use the Platform and/or have a EJM DIGITAL LLC ODIN account. The Company may terminate or suspend your account at any time without notice if the Company believes that you have breached this Agreement, or for any other reason or with or without cause, in its sole discretion. The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. After your account is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
5. Non-commercial Use by Users.
The Platform is for personal use only. Users may not use the Platform or any content contained in the Platform (including, but not limited to, content of other users, images, logos, software, audio files and computer code) in connection with any commercial endeavors, such as advertising or soliciting any user to buy or sell any products or services not offered by the Company. Users of the Platform may not use any information obtained from the Platform to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Platform or the Services for any purpose unless specifically authorized to do so by Sherpa Solutions or your probation officer. The Company may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Platform.
6. Account Security.
You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username, password and/or account. You agree to immediately notify the Company of any disclosure or unauthorized use of your username or password or any other breach of security at security@odinoms.com.
7. Your Interactions with Other Users.
- YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS.
- The Company is not responsible for the conduct of any user. As noted in and without limiting Sections 14 and 16 below, in no event shall the Company, its affiliates, subsidiaries, assigns or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Platform, including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Platform.
8. Proprietary Rights.
The Company owns and retains all proprietary rights in the Platform, and in all content, trademarks, trade names, service marks, patents, copyrights and other intellectual property rights related thereto (collectively, the “EJM DIGITAL LLC’s IP Rights”). The Platform contains the copyrighted material, trademarks, and other EJM DIGITAL LLC IP Rights and proprietary information of the Company and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other EJM DIGITAL LLC IP Rights, intellectual property or proprietary information accessible through the Platform, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
9. Modifications to Platform.
The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Platform. To protect the integrity of the Platform, the Company reserves the right at any time in its sole discretion to block users from accessing the Platform. Further, by accessing or using the Platform, you accept that we may, at our sole discretion, modify or revise this Agreement at any time by updating the text of this page, including in relation to any applicable fees, without notice to you, and you are bound by any such modification or revision. You should therefore visit this page periodically to review this Agreement. Your continued access, use and/or browsing on this Platform following the posting of changes to the Agreement means you accept those modifications or revisions. We encourage you to review this Agreement whenever you access the Platform to stay informed about any changes or modifications made to it.
10. Disclaimers.
You acknowledge and agree that neither the Company nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate profile information (photo or name) posted in the Platform, whether caused by users or any of the equipment or programming associated with or utilized in the Platform; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any content or communications; (iii) the conduct, whether online or offline, of any user; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or user communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person’s computer or device related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Platform.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY PROVIDES THE PLATFORM ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE PLATFORM (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS IN THE PLATFORM WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE PLATFORM.
From time to time, the Company may make third party information or content available through the Platform. All third party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content. THE COMPANY DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT PROVIDED THROUGH THE PLATFORM, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS IN THE PLATFORM. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED IN THE PLATFORM, OR TRANSMITTED TO OR BY ANY USERS.
11. Links.
The Platform may contain, and the Platform or third parties may provide links to other web sites or resources. You acknowledge and agree that the Company is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your correspondence or business dealings with third parties found in or through the Platform, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, or services or other materials available on or through any such website or resource.
12. Limitation on Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, SUBSIDIARIES, ASSIGNS, BUSINESS PARTNERS, LICENSORS OR PLATFORM PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF GOODWILL, DAMAGES FOR LOSS, CORRUPTION OR BREACHES OF DATA OR PROGRAMS, PLATFORM INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE PLATFORM WHILE YOU HAVE AN ACCOUNT. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE PLATFORM OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
13. Arbitration and Governing Law.
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Platform shall be binding arbitration administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. You must first attempt to resolve the dispute with a duly authorized representative of the Company before seeking resolution through the arbitration or small-claims process. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding. By using the Platform in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Chicago, Illinois. You hereby irrevocably consent to the jurisdiction of those courts for such purposes. This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of Delaware without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act. Details about arbitration procedures can be found at https://www.adr.org/
14. Indemnity by You.
You agree to indemnify and hold the Company, its affiliates, subsidiaries, assigns, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or content you post in the Platform, and the violation of any law or regulation by you. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.
15. Notice.
The Company may provide you with notices, including those regarding changes to this Agreement, using any reasonable means, including by email. Such notices may not be received if you violate this Agreement by accessing the Platform in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Platform in an authorized manner.
16. EJM DIGITAL LLC ODIN Agreement.
This Agreement, along with the Privacy Policy and any other policy adopted by the Company in relation to the Platform (along with the agreements ancillary hereto, and all of the exhibits and schedules attached hereto), constitutes the entire agreement between you and the Company regarding the use of the Platform. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. This Agreement can only be modified or waived by the Company, in its sole discretion as provided in Section 9 above. You agree that your online account is non-transferable and all of your rights to your account or contents within your account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind the Company in any manner. In the event that any provision of this Agreement shall be determined to be illegal, unenforceable or excessively broad as to duration, geographical scope or activity, then that provision shall be construed so that the remaining provisions of the Agreement shall not be affected, but shall remain in full force and effect, and any such illegal or overly broad provision shall be deemed, without further action on the part of any party, to be modified, amended and/or limited, but only to the extent necessary to render the same valid and enforceable in the applicable jurisdiction.
17. California.
For California residents using the Platform, California Civil Code Section 1789.3 grants you the right to receive the following specific consumer rights notice:
The name, address of the provider of this service is EJM DIGITAL LLC,1038 E. Bastanchury Rd. #294, Fullerton, CA 92835. Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address or to help@odinoms.com.
As a California resident, you can reach out to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, for further information on your consumer rights. They can be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.
18. Contact Us.
If you have any questions about this Agreement of Service, please contact us by email at info@OdinOMS.com, or by writing to us at:
ATTN: Terms of Service
EJM DIGITAL LLC
1038 E. Bastanchury Rd. #294
Fullerton, CA 92835
