Terms and Conditions

This agreement applies as between you, the User of this Website and Oduor Enterprises, LLC  the owner(s) of this Website, and any of its affiliated associates. Your agreement to comply with and be bound by Clauses 1, 2, 4 – 29 of these Terms and Conditions is deemed to occur upon your first use of the Website. Clauses 3 and 12 – 14 apply only to the sale of Services. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending a confirmation email to you indicating that your order has been accepted.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

"Account": means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;

"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

"Facilities": means collectively any online facilities, tools, services or information that Oduor Enterprises, LLC  makes available through the Website either now or in the future;

"Services": means the services available to you through this Website, specifically use of the Oduor Enterprises, LLC 's proprietary e-learning platform;

"Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

"Premises": Means Our place(s) of business.

"System": means any online communications infrastructure that Oduor Enterprises, LLC  makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

"User" / "Users": means any third party that accesses the Website and is not employed by Oduor Enterprises, LLC  and acting in the course of their employment;

"Website": means the website that you are currently using (drkenya.co) and any sub-domains of this site (e.g. subdomain.yourschool.com) unless expressly excluded by their own terms and conditions; and

"We/Us/Our": means Oduor Enterprises, LLC , a company incorporated in THE UNITED STATES OF AMERICA located at 113 STAR MAGNOLIA DR., MORRISVILLE, NC 27560.

2. Age Restrictions

Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.

3. Business Customers

These Terms and Conditions also apply to customers procuring Services in the course of business.

4. Intellectual Property

  • 4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Oduor Enterprises, LLC , our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable UNITED STATES and International intellectual property and other laws.
  • 4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.

5. Third Party Intellectual Property

  • 5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
  • 5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

6. Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

7. Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Oduor Enterprises, LLC  or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

8. Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site drkenya.co without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact us by email at info@leangeeks.net.

9. Use of Communications Facilities

  • 9.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
  • 9.1.1 You must not use obscene or vulgar language;
  • 9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
  • 9.1.3 You must not submit Content that is intended to promote or incite violence;
  • 9.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
  • 9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
  • 9.1.6 You must not impersonate other people, particularly employees and representatives of Oduor Enterprises, LLC , or Our affiliates; and
  • 9.1.7 You must not use Our System for unauthorised mass-communication such as "spam" or "junk mail".
  • 9.2 You acknowledge that Oduor Enterprises, LLC  reserves the right to monitor any and all communications made to Us or using Our System.
  • 9.3 You acknowledge that Oduor Enterprises, LLC  may retain copies of any and all communications made to Us or using Our System.
  • 9.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.

10. Accounts

  • 10.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
  • 10.1.1 all information you submit is accurate and truthful;
  • 10.1.2 you have permission to submit Payment Information where permission may be required; 
  • 10.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
  • 10.2 It is recommended that you do not share your Account details, particularly your username and password. We reserve the right  to revoke your access to the System and to any materials you have accessed if credentials are shared with non-account holders. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
  • 10.2.1 In case of account termination, all current or pending orders or payments will be canceled and service provisions will not begin.
  • 10.2.2 We disclaim any liability, for losses or damages resulting from sharing your account details.
  • 10.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying Us of the unauthorised nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
  • 10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.

11. Termination and Cancellation of Accounts

  • 11.1 Either Oduor Enterprises, LLC  or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
  • 11.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.

12. Services, Pricing and Availability

  • 12.1 You wish to engage with Oduor Enterprises, LLC   for one or more of its Services and acknowledge the following:
  • 12.1.1 Oduor Enterprises, LLC  possesses certain skills, knowledge, and expertise in coaching, accountability, prioritization & planning execution, research, mindset tactics, self-improvement, and more;
  • 12.1.2 Oduor Enterprises, LLC  agrees to provide coaching service(s) to you through one of Oduor Enterprises, LLC 's Services, and you acknowledge the understanding that the coaching service provided by  Oduor Enterprises, LLC 's Service(s) is not a therapy, counseling, or mentoring professional service.  Instead, you understand and agree that the Service(s) focus on helping you gain clarity on your present and future vision and goals, eliminate obstacles to your success, accelerate the pace of personal growth, and achieve results that empower you to live your best life--personally and professionally.
  • 12.1.3 Whilst every effort has been made to ensure that all general descriptions of Services available from Oduor Enterprises, LLC  correspond to the actual Services that will be provided to you, you acknowledge and agree that We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.8 for incorrect Services.
  • 12.2 Where appropriate, you may be required to select the required Plan of Services.
  • 12.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.
  • 12.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
  • 12.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.

13. Orders and Provision of Services

  • 13.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between Oduor Enterprises, LLC  anzd you.
  • 13.2 Order confirmations under sub-Clause 13.1 will be sent to you before the Services begin and shall contain the following information:
  • 13.2.1 Confirmation of the Services ordered including full details of the main characteristics of those Services;
  • 13.2.2 Fully itemised pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;
  • 13.2.3 Relevant times and dates for the provision of the Services;
  • 13.2.4 User credentials and relevant information for accessing those services.
  • 13.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
  • 13.4 Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received.
  • 13.5 We aim to fulfill your Order within 2-3 working days or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfill your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the Contract, which means we will aim to fulfill your Order within any agreed timescales but this is not an essential term of the Contract and we will not be liable to you if we do not do so. If the Services are to begin within 14 calendar days of Our acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory cancellation rights, detailed below in Clause 14, will be affected.
  • 13.6 Oduor Enterprises, LLC  shall use all Our reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.
  • 13.7 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working days. Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.
  • 13.8 Oduor Enterprises, LLC  provides technical support via our online support forum and/or email. Oduor Enterprises, LLC  makes every effort possible to respond in a timely manner but we do not guarantee a particular response time.

14. Cancellation of Orders and Services

We want you to be completely satisfied with the Products or Services you order from Oduor Enterprises, LLC . If you need to speak to us about your Order, then please contact customer care by email at info@leangeeks.net or write to us at our address (see section 1 above). You may cancel an Order that we have accepted or cancel the Contract. If any Specific Terms accompanying the Service contain terms about cancelling the Service, the cancellation policy in the Specific Terms will apply.
  • 14.1 If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period. This period begins once your order is confirmed and the contract between Oduor Enterprises, LLC  and you is formed and ends at the end of 14 calendar days after that date. If you change your mind about the Services within this period and wish to cancel your order, please inform Us immediately of your reason for canceling using the following email: info@leangeeks.net.  Your right to cancel during the cooling off period is subject to the provisions of sub-Clause 14.1.4.
  • 14.1.1 As specified in sub-Clause 13.5, if the Services are to begin within the cooling off period you are required to make an express request to that effect. By requesting that the Services begin within the 14 calendar day cooling off period you acknowledge and agree to the following:
     If the Services are fully performed within the 14 calendar day cooling off period, you will lose your right to cancel after the Services are complete.
  • 14.1.3 If you cancel the Services after provision has begun but is not yet complete you will still be required to pay for the Services supplied up until the point at which you inform Us that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services shall be refunded subject to deductions calculated in accordance with the foregoing. Refunds, where applicable, will be issued within 5 working days and in any event no later than 14 calendar days after you inform Us that you wish to cancel.
  • 14.1.4 Cancellation of Services after the 14 calendar day cooling off period has elapsed shall be subject to the specific terms governing those Services and may be subject to a minimum contract duration.
  • 14.2 If you are a consumer based outside of the European Union and you decide your purchase was not the right decision or your situation changes, you can cancel within the first fourteen (14) days of your first payment date.  This period begins once your order is confirmed and the contract between Oduor Enterprises, LLC  and you is formed and ends at the end of 14 calendar days after that date. If you change your mind about the Services within this period and wish to cancel your order, please inform Us immediately of your reason for canceling using the following email: info@leangeeks.net.
  • 14.2.1 Cancellations must be submitted in writing via email to info@leangeeks.net by the 14th day no later than 11:59 pm EST. You will receive a refund of the amount paid minus a 15% inconvenience fee.
  • 14.2.2 If such written notice is not received, there is no formal cancellation, and the Agreement and payments will be enforced.
  • 14.2.3 If the cancellation notice is received at any point after the initial 14 days, you acknowledge and agree there shall be a mandatory fee for termination ("Termination Fee") prior to the Agreement's completion. The mandatory Termination Fee shall be fifty percent (50%) of the remaining fees owed to Oduor Enterprises, LLC under this Agreement and applicable SOW. The Termination Fee is in addition to any expenses incurred and costs accrued that you shall also pay, if applicable.
  • 14.2.4 Please note, this does not apply to the first month of the Service(s), as they are nonrefundable, and thus, not subject to the Termination Fee.
  • 14.3 Notes about our refund policy:
  • 14.3.1  All materials must be returned or destroyed upon cancelation, with verification of such action provided to Oduor Enterprises, LLC . Oduor Enterprises, LLC ’s policy was built to give people the opportunity to see if the Service(s) is/are a good fit. Unauthorized copying and use of the material are NOT covered under this policy.
  • 14.3.2 Any refunds to be contemplated and granted, which are out of Oduor Enterprises, LLC 's policy and standard, are discretionary as solely determined by Oduor Enterprises, LLC . If you have any questions or problems, please let us know by contacting Oduor Enterprises, LLC directly at info@leangeeks.net.

15. Privacy

Use of the Website is also governed by Our Privacy Policy (drkenya.co/privacy) which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.

16. How We Use Your Personal Information (Data Protection)

  • 16.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
  • 16.2 We may use your personal information to:
  • 16.2.1 Provide Our Services to you;
  • 16.2.2 Process your payment for the Services; and
  • 16.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
  • 16.3 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
  • 16.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.

17. Disclaimers

  • 17.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
  • 17.2 You acknowledge and affirm that Oduor Enterprises, LLC is not an employee, agent, lawyer, doctor, manager, therapist, psychotherapist, public relations or business manager, registered dietician, financial analyst, or accountant. You further understand that the Oduor Enterprises, LLC has not promised, shall not be obligated to, and will not;
  • (1) procure or attempt to procure employment or business or sales for you;
  • (2) perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto;
  • (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy;
  • (4) act as a public relations manager
  • (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for you; 
  • (6) introduce you to the Oduor Enterprises, LLC  full network of contacts, media partners or business partners
  • 17.3 Additionally,you understand that a relationship does not exist between the parties after the conclusion of this Service. If the Parties continue their relationship, a separate agreement or statement of work (herein referred to as “SOW”) will be entered into.
  • 17.4 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
  • 17.5 No part of this Website is intended to constitute a contractual offer capable of acceptance.
  • 17.6 Whilst we use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.

18. Changes to the Facilities and these Terms and Conditions

We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

19. Availability of the Website

  • 19.1 The Website is provided “as is” and on an “as available” basis. Oduor Enterprises, LLC uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
  • 19.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

20. Limitation of Liability

  • 20.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
  • 20.2 Nothing in these Terms and Conditions excludes or restricts Oduor Enterprises, LLC liability for death or personal injury resulting from any negligence or fraud on the part of Oduor Enterprises, LLC .
  • 20.3 Nothing in these Terms and Conditions excludes or restricts Oduor Enterprises, LLC 's liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
  • 20.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.

21. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

22. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

23. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Oduor Enterprises, LLC .

24. Communications

  • 24.1 All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to info@leangeeks.net. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
  • 24.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.

25. Rescheduling Policy / Your Responsibilities

  • 24.1 To reschedule, you must do so at least 24 hours before your session begins by sending an email request to info@leangeeks.net.
  • 24.1.1 If the session is canceled within 24 hours before the scheduled start of your call, We will make the best effort to re-schedule the session at a later date, contingent upon availability.
  • 24.1.2 Likewise, Oduor Enterprises, LLC may also need to reschedule a session on occasion. Oduor Enterprises, LLC will give you at least 24 hours of notice and make rescheduling as convenient as possible.
  • 24.1.3 All sessions must be completed within 6 months of purchase.
  • 24.2 The Service(s) is/are developed for strictly educational and accountability purposes only.
  • 24.2.1 You agree to complete the necessary forms and exercises at least 24 hours prior to each monthly coaching appointment to ensure the most efficient use of time during each session.
  • 24.2.2 Coaching sessions will be held via Zoom. The session link shall be sent to you upon scheduling the session. 
  • 24.2.3You understand that Service(s) is/are is not a consulting service that provides specific deliverables and knowledge.
  • 24.2.4 You accept and agree that you are 100% responsible for your progress and results from the Service(s). Oduor Enterprises, LLC makes no representations, warranties, or guarantees verbally or in writing, whether express or implied.
  • 24.2.5 You understand that because of the nature of the Service(s), the results experienced by each client may significantly vary.
  • 24.2.6 You acknowledge that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that you will reach their goals as a result of participation in the Service(s).

26. Confidentiality

  • 26.1 Oduor Enterprises, LLC respects your privacy and insists that you respect the Oduor Enterprises, LLC ’s privacy in kind. Thus, consider this a mutual non-disclosure agreement. Any Confidential Information, as defined below, shared by Oduor Enterprises, LLC is confidential, proprietary, and belongs solely and exclusively to the Participant who discloses it.
  • Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, in writing, or otherwise.
  • You agree not to use such Confidential Information in any manner other than in discussion with Oduor Enterprises, LLC during the Service(s). Both Parties will keep Confidential Information in the strictest confidence. They shall use their best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss, and theft.
  • You agree not to violate Oduor Enterprises, LLC 's publicity or privacy rights. The Parties will not: (1) use any Confidential Information except for the sole and only benefit to the extent necessary to provide the services under this Agreement; or (2) disclose any Confidential Information of a Party to any person or entity, except to parties who are involved in performing and effectuating this Agreement, have a need to know, and have signed a non-disclosure agreement with terms no less restrictive than those herein.
  • Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, which shall include any processes and procedures used in the Service(s), financial information and terms of this Agreement, and any intellectual property owned by the Parties.
  • Confidential Information is not applicable to information that: (a) is rightfully known by a Party prior to disclosure by the other Party; (b) is rightfully obtained by a Party from a third party without restrictions on disclosure; (c) is disclosed by a Party with the prior written approval of the other Party; or (d) to the extent required by law or court order so long as a Party provides advance notice to the other Party as promptly as possible and cooperates with efforts to obtain a protective order regarding such disclosure.
  • Upon expiration or any termination of this Agreement the Parties will promptly destroy or (if requested) return the Confidential Information and all copies thereof, provided that a Party may retain a single archival copy of Confidential Information if required to do so under applicable law. If there is any likelihood or suggestion of violating this section, Oduor Enterprises, LLC will be entitled to injunctive relief to prohibit any such violations to protect against the further harm of such violations.

27. Indemnification

  • You shall defend, indemnify, and hold harmless Oduor Enterprises, LLC , its officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expenses whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole gross negligence or willful misconduct by Oduor Enterprises, LLC , or any of its shareholders, trustees, affiliates or successors.
  • You shall defend Oduor Enterprises, LLC in any legal actions, regulatory actions, or the like arising from or related to this Agreement. You recognize and agree that all of Oduor Enterprises, LLC ’s shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of Oduor Enterprises, LLC .
  • In consideration of and as part of your payment for the right to participate in Oduor Enterprises, LLC 's Services, the undersigned, and all heirs, executors, administrators, successors, and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Oduor Enterprises, LLC and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Services are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releases”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from your use of the Service(s).

28. Miscellaneous Provisions

  • (a) Duty to Read. You accept and acknowledge that under this Agreement, you have a duty to read these terms of participation and Agreement fully, and has done so. Furthermore, you understand ad accept that you are precluded from using lack of reading as a defense against all remedies contained herein.
  • (b) Force Majeure. Neither Party will be liable for a failure or delay in performance to the extent caused by circumstances or an event beyond its reasonable control, except where the affected Party could have prevented such circumstances or events through reasonable and customary precautions. These circumstances include, but are not limited to, embargos, trade disputes, epidemics, dust storms, floods, pandemics, war, riots, earthquakes, hurricanes, lightning, work disputes and mass strikes, and acts of God. The affected Party will notify the other Party immediately when such circumstances or event occurs. The non-affected Party will be relieved of its obligations until the affected Party is able to resume operations. The non-affected Party will have the right, in its sole determination, to obtain replacement services from a third party and terminate this Agreement. Force majeure events shall not discharge you from any payment obligations for work completed and/or verifiable costs (in accordance with Sections 12, 13, and 18 of this Agreement) incurred prior to the occurrence of a force majeure event.
  • (c) Publicity. You hereby grant Oduor Enterprises, LLC  the right and ability to use your name and testimonial solely for purposes of promotion and may display the aforementioned on Oduor Enterprises, LLC 's website.
  • (d) Governing Law. Regardless of the place of execution hereof, this Agreement, all amendments hereto, and any and all issues or controversies arising herefrom or related hereto, shall be governed by and construed exclusively in accordance with the laws and decisions of the state of North Carolina's applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions. The Parties hereto agree that the local and federal courts sitting in the state of North Carolina shall be the exclusive forum and situs for the resolution of any and all disputes, controversies, or matters arising herefrom or related hereto. You hereby consent to personal jurisdiction in the state of North Carolina and service of process by certified mail.
  • (e) Third-Party Beneficiaries. This Agreement is not for the benefit of any third party and shall not be deemed to give any right or remedy to any third party whether referred to herein or not.
  • (f) Headings. Paragraph headings as used in this Agreement are for convenience only and are not a part hereof, and shall not be used in any manner to interpret or otherwise modify any provision of this Agreement.
  • (g) Amendments. A material change to the Agreement will be made via a written document that states it is an amendment and is signed by both Parties.
  • (h) Counterparts. This Agreement may be executed in any number of counterparts, each of which will be an original and all of which together will constitute one and the same document, binding on all Parties notwithstanding that each of the Parties may have signed different counterparts.
  • (i) Entire Agreement. This Agreement, together with all exhibits and appendices, constitutes the entire understanding between the Parties with respect to the subject matter hereof, and all prior and contemporaneous understandings, whether oral or written, have been merged herein and are superseded hereby. This Agreement may not be altered or modified except in writing signed by both Parties. Without limiting the foregoing, it is specifically agreed that no terms contained on any payment documentation (regardless of origin) such as invoices, purchase orders, etc., shall in any way affect the terms of this Agreement.

29. Law and Jurisdiction

These Terms and Conditions and the relationship between you and Oduor Enterprises, LLC  shall be governed by and construed in accordance with the state of North Carolina and Oduor Enterprises, LLC  and you agree to submit to the exclusive jurisdiction of the United States of America.
Created with