are about to use OD Works, LLC' proprietary online training and performance
support system called The Supervisor's Toolbox.
By clicking the "I Agree" button, you agree to the following Subscription Agree ("Agreement"), and you represent that you are authorized to accept on behalf of the Customer or, if you are using the System after acceptance by the Customer, that you are an Authorized User as defined below. If you do not agree to the terms of this subscription agreement, click the "I Do Not Agree" button. A Customer's manually signed subscription agreement, if one exists, supersedes any conflicting terms in the Agreement below.
The parties to this subscription agreement are OD Works, LLC, the Customer, and the Authorized User. "OD Works, LLC" is a limited liability company organized under the laws of the State of Kansas. The "Customer" is any person or organization that orders and has paid the fee for access to one or more modules which comprise the System. The "Authorized User" is an individual employee, student, registered patron, or other person affiliated with, or permitted to use the facilities of, the Customer, who: (i) is covered by the applicable user fee paid by the Customer, (ii) is authorized by the Customer and OD Works, LLC to access the System, and (iii) is generally eligible to use other electronic systems of the Customer. Please note that the Customer and Authorized User will be referred to as "you" from time to time in this Agreement.
[SERVICES AND CONDITIONS OF USE.]
As part of our System, OD Works, LLC agrees to provide you with information and educational libraries such as The Supervisor's Toolbox, and other Libraries that OD Works, LLC may offer, subject to the terms of this Agreement. You agree and continue to agree to access and use the System in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined below.
[CUSTOMER SUBSCRIPTION AGREEMENT.]
OD Works, LLC grants to the Customer a terminable, non-exclusive, nontransferable subscription to access the System by means of the Internet in accordance with the following terms and conditions: - Access to the System is by subscription agreement and is a license for a single Customer to use the System and does not constitute a sale of the System to you. - The term and price for access to the System shall be as more fully described in the online portal, website, or manually signed subscription agreement. The System and the associated materials (other than portions that may remain in the public domain) are the property of OD Works, LLC and are protected by copyright laws and by international treaties.- No title is transferred by this subscription agreement or by the payment of any fee.- The Customer may offer access to the System only to one Authorized User whose identity can be reasonably confirmed using Customer's existing authentification methods and with initial passwords authorized by OD Works, LLC.- Any rights not expressly granted in this subscription agreement are reserved to OD Works, LLC.
[NON-TRANSFERABILITY OF SUBSCRIPTION.]
Each subscription entitles the Customer to designate one Authorized User to have access to the System. Each Authorized User must access the System through their own unique personal password, which will be authorized by OD Works, LLC. Unauthorized access or copying of the System or duplication of the System in any manner, including materials that have been modified, merged, or included with the System, or the written materials associated therewith, is expressly prohibited. Customer acknowledges that Customer may not, transfer, sell, or assign this Agreement or the System. Any attempt to transfer, sell, or assign the Agreement by Customer or Authorized User is void.
All content, including compilation (meaning the collection, arrangement, and assembly) of all content, which comprises the System, including but not limited to text, graphics, logos, button icons, images, audio or video clips, and software, is the property of OD Works, LLC and protected by U.S. and international copyright laws. OD Works, LLC owns all copyright, trade secret, patent and other proprietary rights in the System. The content and software on this site may be used only as an educational and reference resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this System without the express written consent of OD Works, LLC is strictly prohibited. You may not modify, translate, distribute or prepare derivative works of the System or the accompanying documentation; reverse engineer, decompile or disassemble the System or the accompanying documentation; or remove any proprietary notices, labels, or marks on the System and accompanying documentation. The System contains confidential trade secret information belonging to OD Works, LLC. In addition, you may not disclose the System to any third party. THIS SUBSCRIPTION AGREEMENT IS NOT A SALE. TITLE, COPYRIGHTS AND ANY TRADEMARKS TO THE SYSTEM AND ANY ACCOMPANYING DOCUMENTATION REMAIN THE EXCLUSIVE PROPERTY OF OD Works, LLC.
OD Works, LLC, and its affiliates respect the intellectual property of others, and we ask our content partners and those posting to this site to do the same. If you believe that your copyrighted work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing us with the following information: 1. the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf. 2. a description of the copyrighted work that you claim has been infringed and a description of the infringing activity. 3. identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published. 4. identification of the URL or other specific location on this site where the material that you claim is infringing is located; you must include enough information to allow us to locate the material. 5. your name, address, telephone number, and email address. 6. 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. 7. 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. Our agent for notice of claims of copyright infringement on this site can be reached as follows: By phone: 1-913-636-9041 By email: firstname.lastname@example.org By fax: 484-208-3794.
[PRIVACY AND CONFIDENTIALITY.]
All information provided to OD Works, LLC on the subscription form will be kept private and confidential. OD Works, LLC will not release any personal information about our Customers or Authorized Users to any outside sources. Transmissions via electronic email are not encrypted and OD Works, LLC is not responsible for the privacy of electronic mail transmissions.
[PRICE AND PAYMENT.]
Customer agrees to pay all charges to Customer's account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable.
OD Works, LLC reserves the right to change the amount of, or basis for determining, any fees or charges for the System, and to institute new fees or charges effective upon prior notice to Customer.
Customer must provide OD Works, LLC with valid credit card information.
All charges are in US$. OD Works, LLC agrees that it will terminate Customer's account upon notice from Customer.
If notice of cancellation is received by OD Works, LLC during the first (30) calendar days of Customer's subscription to the System, Customer will be refunded the current subscription fees for use of the System, but Customer will remain obligated to pay any other charges incurred as determined by OD Works, LLC.
If notice of cancellation is received by OD Works, LLC more than (30) calendar days after Customer subscribes to the System, no refund of any fees will be made.
If Customer has a balance due on any OD Works, LLC account, Customer agrees that OD Works, LLC can charge such unpaid balance to their credit card.
Subscriber agrees to pay for his/her subscription in a timely fashion and acknowledges that all recurring monthly charges will be billed monthly, quarterly or as otherwise indicated when the account is established. Both the amounts and the types of charges for use of the system are subject to change in the future.
Customer's right to use the System is subject to any limits established by OD Works, LLC or by Customer's credit card issuer.
If payment cannot be charged to Customer's credit card or Customer's charge is returned to OD Works, LLC for any reason, including charge back, OD Works, LLC reserves the right to either suspend or terminate Customer's access and account, thereby terminating this Agreement and all obligations of OD Works, LLC hereunder.
OD Works, LLC and The Supervisor's Toolbox are pending trademarks and service marks of OD Works, LLC. Other OD Works, LLC graphics, logos, and service names are trademarks of OD Works, LLC. OD Works' trademarks may not be used in connection with any product or service that is not OD Works, LLC', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits OD Works, LLC. All other trademarks not owned by OD Works, LLC or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by OD Works, LLC or its affiliates.
[LIMITATION OF LIABILITY AND WARRANTY.]
CUSTOMER ACKNOWLEDGES AND AGREES THAT USE OF THE SYSTEM IS ENTIRELY AT CUSTOMER'S OWN RISK. OD Works, LLC' SYSTEM AND ANY RELATED DOCUMENTATION OR MATERIALS ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SYSTEM, INCLUDING WITHOUT LIMITATION THE OD Works, LLC SYSTEM SUBSCRIPTION AGREEMENT.
OD Works, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR SELECTION OF THE SYSTEM TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SYSTEM.
OD Works, LLC DOES NOT WARRANT THAT THE CONTENT CONTAINED IN THE SYSTEM WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SYSTEM WILL BE CORRECTED.
THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SYSTEM IS ASSUMED BY YOU AND YOU, NOT OD Works, LLC, ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR AND/OR CORRECTION.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
YOU HEREBY ACKNOWLEDGE THAT THE SYSTEM MAY NOT BE OR BECOME AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING WITHOUT LIMITATION PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, TECHNICAL FAILURE OF THE SYSTEM, TELECOMMUNICATIONS INFRASTRUCTURE. CUSTOMER SPECIFICALLY ACKNOWLEDGES THAT OD Works, LLC IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CUSTOMER.
CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ACCESSED VIA THE SYSTEM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME PORTIONS OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THEREFORE OD Works, LLC EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING SYSTEM AND/OR SYSTEM AVAILABILITY, ACCESSIBILITY, OR PERFORMANCE.
NEITHER OD Works, LLC NOR ANY OF ITS AGENTS, AFFILIATES, OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SYSTEM OR INABILITY TO GAIN ACCESS TO OR USE THE SYSTEM OR OUT OF ANY BREACH OF ANY WARRANTY.
UNDER NO CIRCUMSTANCES INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL OD Works, LLC OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, EMPLOYEE LAWSUIT, LOST DATA, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE POSSESSION, USE, OR MALFUNCTION OF THE SYSTEM, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL; WORK STOPPAGE; HARDWARE OR SYSTEM FAILURE, REPAIR TIME VALUE OR OTHER PECUNIARY LOSS ARISING OUT OF THE POSSESSION, USE , MALFUNCTION, OR INABILITY TO USE THE SYSTEM, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL OD Works, LLC' TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO OD Works, LLC FOR A SUBSCRIPTION TO ACCESS THE SYSTEM.
[INTERNET DISCLAIMER.] The documents on this System may contain hypertext pointers to information created and maintained by other public and private organizations. Please be aware that we do not control or guarantee the accuracy, relevance, timeliness, or completeness of this outside information. Further, the inclusion of pointers to particular items in hypertext is not intended to reflect their importance, nor is it intended to endorse any views expressed or products or services offered by the author of the reference or the organization operating the server on which the reference is maintained.
[NOTICE.] OD Works, LLC may give notice to Customers by means of a general notice on the System, electronic mail to Customer's email address on record in OD Works, LLC' account information, or by written communication sent by first class mail to a Customer's address on record in OD Works, LLC' account information. You may give notice to OD Works, LLC, such notice shall be deemed given when received by OD Works, LLC at any time by any of the following: Email at: email@example.com Fax: letter faxed to OD Works, LLC at the following fax number: 484-208-3794. Termination of System Access. OD Works, LLC may terminate your account or access rights to the System at any time, without notice, for conduct that OD Works, LLC believes violates this Agreement or other policies or guidelines that OD Works, LLC has posted on the OD Works, LLC System or other access point system. OD Works, LLC may terminate your account or access rights to the System for online conduct that OD Works, LLC believes is harmful to other Customers, Authorized Users or OD Works, LLC' business.
[EXPORT RESTRICTIONS.] You may not access, download, export, or re-export the System (a) into, or to a national or resident of, any country to which the United States has embargoed goods, or (b) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By accessing or using the System, you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. You acknowledge that it is your sole responsibility to comply with any and all government export and other applicable laws and that the OD Works, LLC has no further responsibility for such after the initial subscription agreement to you.
[MERGER.] This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals, and communications, written or oral, between OD Works, LLC representatives and Customer and Authorized User. OD Works, LLC may amend or modify this Agreement or impose new conditions at any time upon notice from OD Works, LLC to Customer as published through the System. Any use of the System by Customer after such notice shall be deemed to constitute acceptance by Customer of such amendments, modifications, or new conditions. Indemnification. Customer and Authorized User agree to indemnify and hold OD Works, LLC harmless from any dispute which may arise from a breach of terms of this Agreement. Customer and Authorized User agree to hold OD Works, LLC harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to Customer's and/or Authorized User's violation of this Agreement, including any information or other content placed on the System by Customer and Authorized User.
[GENERAL.] This Agreement and any dispute arising hereunder shall be construed and controlled by the laws of the State of Kansas, USA. You agree to submit to personal jurisdiction of the Johnson County, Kansas District Court and/or the United States District Court for the District of Kansas. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. Any dispute between you and OD Works, LLC regarding this Agreement will be subject to the exclusive venue of the state and federal courts in the state of Kansas. This Agreement is the entire agreement between you and OD Works, LLC and supersedes any other communications or advertising with respect to the System and documentation. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. No provision hereof shall be deemed waived or modified except in a written addendum signed by an authorized representative of OD Works, LLC.
[CONTACT INFORMATION] Should you have any questions concerning this Agreement, or if you desire to contact OD Works, LLC for any reason, please call 1-913-636-9041,or fax 484-208-3794.