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Terms of Use

Last Modified: May 31st, 2020

Acceptance of the Terms of Use

These terms of use are entered into by and between You and Odin Labs, Inc. ("Company,""we," or "us"). The following terms and conditions ("Terms of Use") govern your access to and use of https://www.useodin.com (the “Website”) and the Odin Apple or Android App (our “App” or “Apps”) including any content, functionality and services offered on or through the Website or the Apps, whether as a guest or a registered user, for purposes of receiving the benefit of certain workplace management services (the “Services”).

Please read the Terms of Use carefully before you start to use the Website or Apps. By using the Website or Apps or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Website.

The Website and Apps are offered and available to users who are 18 years of age or older, reside in the United States or any of its territories or possessions.  By using the Website or Apps, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or Apps.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website or Apps thereafter.

Your continued use of the Website or Apps following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend the Website or Apps, and any service or material we provide on the Website or Apps, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or Apps is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or Apps, or the entire Website or Apps, to users, including registered users.

You are responsible for both:

To access the Website or Apps or some of the Services they offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and Apps that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to use or register with the Website and Apps or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our https://www.useodin.com/privacy-policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website, Apps or portions of them using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

User Uploaded Content

You may use the Website and Apps to upload certain documents or other data or content for the purposes of receiving the Services (“User Uploaded Content”).  When uploading content, you represent and warrant that you are exclusive owner of the content or have secured the necessary rights or permissions to submit the content.  Ownership of the User Generated Content shall remain exclusively with the uploading party or original underlying owner thereof. By uploading any User Uploaded Content on the Website or Apps, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, reproduce, modify, perform, display, distribute, creative derivative works of, and otherwise disclose to third parties the UserUploaded Content and any data or materials contained therein, in whole or in part, for any business purpose. By uploading User Uploaded Content, you acknowledge and agree that other users may access and view such content for the purpose of utilizing the Services offered within the Website or Apps. You understand and acknowledge that you are responsible for any User Uploaded Content you submit or contribute, and you bear full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Uploaded Content posted by you or any other user of the Website or Apps.

Intellectual Property Rights

Other than User Uploaded Content, the Website and Apps and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website and Apps for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website and Apps, except as follows:

‍You must not:

You must not access or use for any commercial purposes any part of the Website, Apps, or any services or materials available through the Website.

If you wish to make any use of material on the Website or Apps other than that set out in this section, please address your request to: support@useodin.com

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website and Apps in breach of the Terms of Use, your right to use the Website and Apps will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website, Apps, or any content on the Website or Apps is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website or Apps not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Company name, the terms ODIN, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website and Apps are the trademarks of their respective owners.

Prohibited Uses

You may use the Website and Apps only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

Additionally, you agree not to:

Monitoring and Enforcement; Termination

We have the right to:

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or Apps. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on the Website or Apps, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Copyright Infringement

If you believe that any material contained in the Website or Apps infringes your copyright, you should notify us of your copyright infringement claim in accordance with the following procedure. We will process notices of alleged infringement, which it receives and will take appropriate action pursuant to the U.S. Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to us at support@useodin.com.To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. 512(c)(3)): (i) physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work(s) claimed to have been infringed; (iii) identification of the material that is claimed to be infringing and the location of such material on our Site; (iv) information to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. This email address should be separate from your standard info/support email address and should be registered as your DMCA agent email address at the US Copyright Office website https://www.copyright.gov/rulemaking/onlinesp/NPR/.

Reliance on Information Posted; Health Disclaimer and Release

The information presented on or through the Website and Apps is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or Apps , or by anyone who may be informed of any of its contents. Some of the Service available through the Website or Apps may relate to your general well-being, however, it is your responsibility to use your own judgement and reasonable care, including seeking counsel from your healthcare providers to make decisions about your health and well-being. No information provided in connection with the Services is intended as medical or healthcare information or advice. Please consult your healthcare professionals regarding all matters relating to your health and wellness, including without limitation your suitability to work. By using the Website and Apps you agree not to rely on theServices and any information provided in connection with the services to make health-related decisions.

Changes to the Website

We may update the content on this Website and Apps from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website or Apps may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on the Website or Apps is subject to our https://www.useodin.com/privacy-policy. By using the Website or Apps, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part

The Website and Apps may provide certain social media features that enable you to:

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website or Apps

If the Website or Apps contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website or Apps, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website and Apps is based in the State of New York in the United States. We provide the Website and Apps for use only by persons located in the United States. We make no claims that the Website, Apps, or any of its content is accessible or appropriate outside of the United States. Access to the Website and Apps may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website and Apps will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, APPS, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APPS OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE AND APPS LINKED TO IT.YOUR USE OF THE WEBSITE, APPS, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND APPS IS AT YOUR OWN RISK. THE WEBSITE, APPS, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR APPS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE OR APPS, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APPS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE SERVICES PROVIDED THROUGH THE WEBSITE AND APPS ARE INTENDED TO BE INFORMATIONAL IN NATURE ONLY; ANY DECISIONS RELATING TO YOUR HEALTH OR YOUR ABILITY TO WORK SHOULD BE MADE BY YOU WITH THE CONSULTATION OF YOUR HEALTHCARE PROVIDER. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, APPS, OR SUCH OTHER WEBSITES, APPS, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, APPS, OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website or Apps, including, but not limited to, your User Contributions, any use of the Website or App content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website or Apps.

Governing Law and Jurisdiction

All matters relating to the Website or Apps and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website and Apps shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE OR APPS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Odin Labs, Inc. with respect to the Website and Apps and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

The Website and Apps are operated by Odin Labs, Inc., 519 W 27th Street, New York, New York 10001.

All notices of copyright infringement claims should be sent to the copyright agent designated in our https://www.useodin.com/terms-of-use in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the Website or Apps should be directed to: support@useodin.com