Terms of Service

Last updated: January 21, 2025

Welcome to Outcomes Define Excellence!

These Terms of Service ("Terms") govern your access to and use of our website, www.odemgmt.com (the "Site"), and any services provided by Outcomes Define Excellence ("we," "us," or "our"). Please read these Terms carefully before using the Site or our services. By accessing or using the Site or our services, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access1 the Site or use our services.

1. Services

Outcomes Define Excellence provides business consulting, marketing consulting, and IT consulting services (the "Services"). The specific scope and details of the Services will be outlined in a separate agreement or proposal between you and Outcomes Define Excellence.

2. Use of the Site

a. Eligibility: You must be at least 18 years old to access or use the Site. By accessing or using the Site, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.3

b. Permitted Use: You may use the Site for lawful purposes only. You may not use the Site:

• In any way that violates any applicable federal, state, local, or international law or regulation.

• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

• To impersonate or attempt to impersonate Outcomes Define Excellence, an Outcomes Define Excellence employee, another user, or any other person or entity.

• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm Outcomes Define Excellence or users of the Site or expose them to liability.

c. Prohibited Activities: You are specifically prohibited from:

• Accessing the Site using any automated means, including but not limited to robots, spiders, or scrapers.

• Attempting to gain unauthorized access to the Site, other users' accounts, or any other computer systems or networks connected to the Site.

• Interfering with or disrupting the Site or servers or networks connected to the Site.

• Using the Site to transmit any viruses, worms, defects, Trojan horses, or other items of a destructive nature.

3. Intellectual Property

The Site and its 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 Outcomes Define Excellence, 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.

4. Disclaimer

The Site and its content are provided "as is" without warranty of any kind, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Outcomes Define Excellence does not warrant that the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components.

5. Limitation of Liability

In no event will Outcomes Define Excellence be liable for any damages whatsoever, including but not limited to any direct, indirect, incidental, consequential, special, or exemplary damages, arising out of or in connection with your use of or inability to use the Site or the services, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Outcomes Define Excellence has been informed of the possibility of such damages.

6. Indemnification

You agree to defend, indemnify, and hold harmless Outcomes Define Excellence, 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 breach of these Terms or your use of the Site, including, but not limited to, your user contributions, any use of the Site's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.

7. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to its conflict of law provisions. You agree that any legal suit, action, or proceeding arising out of or relating to these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Maryland in each case located in Gaithersburg, Maryland.

8. Termination

Outcomes Define Excellence may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. Entire Agreement

These Terms constitute the entire agreement between you and Outcomes Define Excellence with respect to the Site and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you29 and Outcomes Define Excellence with respect to the Site.

10. Waiver and Severability

No waiver of by Outcomes Define Excellence of any term or condition set out in these Terms 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 Outcomes Define Excellence to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms 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 will continue in full force and effect.

11. Changes to these Terms

Outcomes Define Excellence reserves the right to modify these Terms at any time in its sole discretion. If we make material changes to these Terms, we will post the updated Terms on the Site and update the "Last updated" date at the top of this page. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.

12. Contact Us

If you have any questions about these Terms, please contact us at support@odemgmt.com .