Optimal Resolution Method, Jen Agency Inc. Website Terms of Use

Updated:June 15, 2018

Section 1:Notice to Customers and End Users

All references to “you” or “your” in these Terms of Use (“TOU”) are to the organization that has an active, valid subscription for Optimal Resolution Method who contracts with Jen Agency Inc. for the services (“Customer”). An “End User” is a Customer’s employee who is authorized by Customer to use the services. Any End User information Jen Agency Inc. collects or handles through the services is processed for the Customer. Jen Agency Inc. is not responsible for the privacy practices of Customer or other third parties. Customers warrant that your End Users will comply with and agree to the terms and conditions of this TOU.

Customers warrant that you are not a law or consulting firm or individual that offers investigation or workplace harassment/conflict restorative services to clients for a fee.

Section 2:Scope, Acceptance of Terms of Use

The TOU is an agreement between you and Jen Agency Inc. that describes your rights to use the Optimal Resolution Method courseware and all of its component videos, resources, training materials, documentation, product information and features (collectively “Services”) that are available via this Website (“Site”). These Services and any updates, enhancements and new features are subject to these TOU. If you do not agree, you may not use the Service. Jen Agency Inc. reserves the right to update these TOU at any time without notice to you.By using or accessing the Services, or by agreeing to these TOU, you agree to abide by the most current version of the TOU without modification by you and you agree to provide notice to your End Users of these TOU.

You may only access or use this Site and Services if you agree to these TOU. If you do not agree, do not access or use these Services.

Section 3:Access to the Services and Security

The enrollment/user code/information that is provided to you or to your End Users on your behalf are the subscription credentials (“ Subscription Credentials ”) needed to access or use the Services. These Subscription Credentials are confidential and Customer agrees to instruct its End Users as to same.Customer may authorize its End Users to use the Services to the extent Customer has an active, valid subscription for Optimal Resolution Method for each End User.

Customer is solely responsible for: (a) ensuring its End Users keep confidential their Subscription Credentials, and (b) any and all activities that occur under its End Users’ account. Customer will promptly notify Jen Agency Inc. of any unauthorized use of any of its End Users’ Subscription Credentials, accounts or any other breach of security. Jen Agency Inc. will not be liable for any loss that Customer incurs for any unauthorized use of its End Users’ accounts, either with or without your knowledge. However, Customer could be held liable for losses incurred by Jen Agency Inc. or another party if an unauthorized person uses one of your End User’s accounts or Subscription Credentials.

Section 4:Use of the Services

Your access to and use of the Services is for a limited period of time equal to the length of your subscription for the Services, and the Services you can access will vary based upon your role and subscription. The Services have selected areas and features available only to Customer’s administrators/instructors. Any space provided to administrators/instructors is for Customer to assign, manage and track its End Users’ usage of the Site and Services and to generate usage reports.

Customer and its End Users may access and use the Services solely for its End Users’ training use and internal evaluation and not for the benefit of any third-party. Customer may not transfer to a third party, except for End Users, either temporarily or permanently, any rights to access or use the Services.You may not sell subscriptions or access to the Services or otherwise offer access to the Services to the general public.

Section 5:Changes to the Services, Cancellation of the Services

Jen Agency Inc. continuously works to improve the Services and may change the Services at any time. Additionally, Jen Agency Inc. may stop providing portions of or all Services.

Jen Agency Inc. reserves the right to cancel or otherwise limit your or your End Users’ access to any or all Services at any time without notice if Jen Agency Inc. suspects fraudulent, abusive or unlawful activity or non-compliance with the TOU. Upon suspension or cancellation, your and your End Users’ right to use the Services stops immediately and you may not be able to retrieve any data and usage reports you have stored on the Services.

Your data and usage reports may be permanently deleted from the servers at the end of your subscription term, if your account is closed or if the Services are cancelled. Jen Agency Inc. does not have any duty to provide you with your data or usage reports and Jen Agency Inc. will not be liable for any loss or damage you may incur from the deletion of any data or usage reports regardless of whether or not you renew or purchase an additional subscription term for the Services.

Section 6: Services Disruptions and Backup

We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and Jen Agency Inc. isn't liable for any disruption or loss you may suffer as a result. The Site and/or the Services may be inaccessible due to scheduled and unscheduled reasons, including maintenance updates, power outages, system failures, extended downtime and other interruptions. During such periods, you may be unable to access or use any or portions of the Services.

Section 7:Privacy

Your privacy is important to Jen Agency Inc.. Jen Agency Inc. uses certain information collected from you to operate and provide the Service. Jen Agency Inc. may access or disclose information about Customer and End Users, including the content of communications or content on the Service. Jen Agency Inc. may do so in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of Jen Agency Inc. or its customers, including the enforcement of Jen Agency Inc. agreements or policies governing your use of the Service; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Jen Agency Inc. employees, customers, or the public.

Section 8:Data Sharing Notice

For Customers:Jen Agency Inc. may share with you the usage data for any training your End Users access from this point forward or have accessed through your subscription to the Service. To the extent required by applicable law, you will obtain End Users’ agreement that you are providing them with use of the Service in conjunction with your subscription and that by agreeing to share their usage data in the Service, End Users are allowing their employer to view reports on their progress and activity using these training materials.

You will also ensure your End Users agree that if they obtain access to the Services through your subscription, you have additional rights over their account, like the ability to view their account usage or profile data and suspend or cancel their access to the Services.

You will also ensure that End Users understand that if they change employment End Users’ right to access and use the Services is immediately terminated.

Section 9:Use Restrictions

The Services are only for Customer and your End Users’ use and you may access and use the Services and Site solely as a learning aid.Jen Agency Inc. may immediately terminate your access to the Services if it believes you shared your Subscription Credentials, used another person or entity’s credentials or account to gain access into the Services, attempted to gain unauthorized access into any restricted or authorized area or if you are not compliant with the TOU.When using the Services you will and Customer will ensure that its End Users comply with the TOU and all applicable laws.

Customer and End Users may NOT:

transfer to a third party, either temporarily or permanently, any rights to access or use the Services;

share access to, download, modify, distribute, transmit, display, perform, reproduce, publish, sublicense, create derivative works from or sell any component of the Services;

use any other party’s account or Subscription Credentials to access the Services or interfere with any other party's use and enjoyment of the Services;

damage, disable, overburden, or impair the Services;

resell or redistribute any part of the Services or access to the Services;

use or attempt to use any unauthorized means to modify, reroute, or gain access to the Services;

remove, modify, or tamper with any notice, protective message or link that is incorporated into the Services; or

obtain (or try to obtain) any data from the Services or related hardware, except the data that Jen Agency Inc. intends to make available to you.

If Jen Agency Inc. believes that you or your End User(s) are making unauthorized or improper use of the Services, Jen Agency Inc. may take such action as it deems appropriate without notice to you. Jen Agency Inc. may at all times disclose information required to satisfy any applicable law, regulation, legal process, or governmental request.

Section 10:Content

Any content that Jen Agency Inc. makes available as part of the Services is the copyrighted work of Jen Agency Inc. or its suppliers and is licensed, not sold. Your and your End Users’ use of the content is governed by the terms of the TOU.

Jen Agency Inc. grants you permission to access and use the content solely for your and your End Users’ personal training use, provided that you and your End Users’ use complies with the TOU and any applicable license terms and you and your End Users do NOT:

distribute, reproduce, adapt, modify, link to, post, forward, resell, distribute, transmit, display, disseminate, publish, make derivative works from, sublicense, assign, transfer, lend or sell the content or any portion thereof;

remove, modify or tamper with any copyright or protective notices or measures;

post the content on any networked computer for access by any other computer on the network or broadcast it in any media;

use the content for any commercial purposes; or

permit any third-party to access or use the content.

Jen Agency Inc. reserves all rights to the content not expressly granted under this Section 11. Jen Agency Inc. may at any time and for any reason, without notice, remove any content from the Service. The content is provided for informational purposes only and Jen Agency Inc. makes no warranties, either express or implied, relating to it.Your license to use the content ends when your right to use the Services end.

Section 11:Intellectual Property Rights

Jen Agency Inc. and its suppliers retain all right, title and interest in and to the Site and the Services, including all copyrights, patents, trade secrets, trademarks and other intellectual property rights. The TOU do not grant or imply any rights to any Jen Agency Inc. or supplier trademarks, trade names or logos. Jen Agency Inc. reserves all rights not expressly granted under these TOU and no other rights are granted.

Section 12:Support

To obtain support for the Services, please go to https://help.thinkific.com/support/home

Section 13:No Warranty

Jen Agency Inc. AND ITS AFFILIATES, SUPPLIERS AND VENDORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. WE PROVIDE THE SITE AND SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” Jen Agency Inc. DOESN'T GUARANTEE THE ACCURACY, RELIABILITY, AVAILABILITY OR TIMELINESS OF THE SERVICES OR INFORMATION AVAILABLE FROM THE SERVICES, THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE OR THAT DATA LOSS WILL NOT OCCUR. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, Jen Agency Inc. DISCLAIMS ANY IMPLIED WARRANTIES WITH REGARDS TO THE SERVICES AND SITE, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW THAT THESE TERMS CANNOT CHANGE.

Section 14:Limitation of Liability

You can recover from Jen Agency Inc. and its affiliates, suppliers and vendors for all successful claims only direct damages up to $5.00 CDN. YOU CANNOT RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE. These limitations apply even if this remedy doesn't fully compensate you for any losses or fails of its essential purpose or if Jen Agency Inc. knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything related to the Site, Services, loss of data, third-party programs and websites, delays or failures in using the Services, claims for breach of contract, warranty, guarantee, or condition; strict liability; negligence; misrepresentation or omission; trespass; violation of statute or regulation; or unjust enrichment. Some or all of these limitations or exclusions may not apply to you if your province, or country doesn't allow the exclusion or limitation of incidental, consequential, or other damages. You will pass through these limitations of liability provisions to your End Users.

Section 15:Geographic and Export Restrictions

You may access and use the Services only in the region in which it was acquired. The Services are subject to Canadian export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Services. These laws include restrictions on destinations, end users and end use.

Section 16: Links to Third Party Sites

The Service may contain links to third-party websites. The linked sites are not under the control of Jen Agency Inc., and Jen Agency Inc. is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Links are only provided as a convenience.

Section 17:Notices

You consent to Jen Agency Inc. providing you and your End Users’ notifications about the Services or information the law requires us to provide via email to the address that you and your End Users specified when you and your End Users signed up for the Services. Notices emailed to you and your End Users will be deemed given and received when the email is sent. If you or your End Users don't consent to receive notices electronically, you or your End Users must stop using the Services.

Section 18:Governing Law

The Terms of Use are governed by the laws of the province of Ontario, Canada.Failure to enforce strict performance of the Terms of Use shall not be constituted as a waiver of any provision or right.Jen Agency Inc. may assign its rights and duties under the Terms of Use without notice to any party at any time without notice.

Section 19:Effective Date and Updates

The Terms are effective as of June 15th, 2018 and are subject to change without notice by Jen Agency Inc. at any time. Please check for changes regularly. Your use, or use by any End User, of the Services after such changes constitutes your agreement, and the agreement of your End Users, to such changes.