Thank you for visiting DiversityEdu. The following Terms of Service Agreement (“Agreement”) represents a binding contract between you and DiversityEdu LLC (“DiversityEdu”) which governs your use of DiversityEdu.com and lms2.DiversityEdu.com (“DiversityEdu Websites”) and any related content and services. Please read these terms carefully prior to using any portion of the website and contact us with any questions or concerns.
1. THIS AGREEMENT
THIS IS AN AGREEMENT BETWEEN YOU AND DIVERSITYEDU. BY USING THIS WEBSITE AND ANY DIGITAL CONTENT HEREIN YOU AFFIRM THAT YOU ARE ABLE TO ENTER INTO THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. YOUR ELECTRONIC AFFIRMATION CONSTITUTES YOUR INTENT TO ENTER INTO A VALID ENFORCEABLE AGREEMENT WITH DIVERSITYEDU. YOU ACKNOWLEDGE AND REPRESENT TO DIVERSITYEDU THAT YOU ARE 13 YEARS OF AGE OR OLDER. IF YOUR AGE IS BETWEEN 13 AND 18, YOU ARE STRONGLY ENCOURAGED TO REVIEW THESE TERMS WITH YOUR PARENT OR LEGAL GUARDIAN.
2. DIVERSITYEDU CONTENT USAGE TERMS
(a) DiversityEdu Content License. Subject to your compliance with all provisions in this Agreement, DiversityEdu grants you a limited, personal, non-commercial, non-transferable, revocable, and non-exclusive license to use DiversityEdu web content and DiversityEdu courses, texts, scripts, videos, clips, synopsis, lectures, titles, documents, instructions, graphics, images, illustrations, logos, icons, slogans, user interface, audio or video recordings, editorial content, and any other content or materials provided to you by DiversityEdu in digital or any other format (“DiversityEdu Content”) and related services (“Services”). You may access, view, and download DiversityEdu Content ONLY for personal and non-commercial use, unless you have a written and signed permission which explicitly expands your authority to use DiversityEdu Content or Services. This limited license does not grant you any Intellectual Property rights over any DiversityEdu Content or Services and may be revoked at any time at DiversityEdu’s sole discretion.
You hereby agree to NOT share your credentials to access your DiversityEdu account with anybody and that you will exercise reasonable efforts to safeguard your user account information as well as safeguard access to any DiversityEdu Content and Services available through your account. You acknowledge that you may be liable for any breach of this Agreement that results from negligent safekeeping of your credentials. DiversityEdu Content and Services are only available for individuals aged 13 years or older.
(b) General Usage Restrictions. You may not copy, transfer, or display any DiversityEdu Content, except as explicitly permitted herein. In addition, you may not:
(i) sell, rent, lease, distribute, broadcast, sublicense, or otherwise assign any right in DiversityEdu Content to any third party;
(ii) remove any technological restrictions on DiversityEdu Content;
(iii) attempt to or disable, bypass, modify, defeat, or otherwise circumvent any digital rights management system used as part of DiversityEdu Content; and
(iv) use the Services or DiversityEdu Content for any unauthorized commercial or otherwise illegal purpose.
(c) Reservation of Rights. Except for the license explicitly granted to you herein, all rights, title, and interest in DiversityEdu Content are reserved and retained by DiversityEdu and its owners, officers, employees, contractors, agents, representatives, subsidiaries, licensors, and assigns (“DiversityEdu Affiliates”) and no term in this Agreement is meant to transfer or assign to you any right, title or interest in any DiversityEdu Content.
(d) Website/Digital Content/ Service Availability. Limitation of Liability. DiversityEdu Content may be made available to you via our online website or streaming services or via download to your personal digital devices. Any DiversityEdu Content made available to you for download is subject to the display and licensing terms provided in this Agreement. You may be able to download some DiversityEdu Content, if you have done so, you retain the ability to play back that DiversityEdu Content for the remainder of your subscription for DiversityEdu Content, however, if DiversityEdu chooses, at its own discretion, to revoke your license for any reason, you are required to permanently erase any DiversityEdu Content in your possession within a reasonable period of time after you are notified that your license has been revoked. For any DiversityEdu Content made available to you via a website or a streaming service, DiversityEdu reserves the right to suspend, discontinue or modify any such DiversityEdu Content, at any time, and without notice to you, and DiversityEdu will not be liable to you should it exercise such right, even if your use of DiversityEdu Content has been impacted or cut short.
DIVERSITYEDU CONTENT IS PROVIDED ON “AS IS” BASIS AND NEITHER DIVERSITYEDU NOR ITS EMPLOYEES, AGENTS AND AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY OF ANY DIVERSITYEDU WEBSITES, DIVERSITYEDU CONTENT, OR THAT SUCH DIVERSITYEDU WEBSITES OR CONTENT ARE FREE OF VIRUSES OR ANY OTHER HARMFUL INFORMATION. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY ISSUE OR DAMAGE YOU MAY SUFFER AS A RESULT OF USING THE DIVERSITYEDU WEBSITES OR ANY DIVERSITYEDU CONTENT IS TO DISCONTINUE YOUR USE OF THE DIVERSITYEDU WEBSITES OR DIVERSITYEDU CONTENT.
(e) Potentially Offensive or Inaccurate Content. Due to the subjective and complex nature of classifying any content or material available on the internet as offensive or objectionable it is possible that you may encounter content on DiversityEdu Websites which you may find offensive or objectionable to you, and that such content might not be labeled or identified as such. As a result you acknowledge herein that your personal use or display of DiversityEdu Content for others is at your sole risk, and neither DiversityEdu nor Diversity’s Affiliates shall be liable to you or anybody else who might find any part of DiversityEdu Content offensive or objectionable.
Further, DiversityEdu Content synopses and descriptions are provided for your convenience, and you acknowledge and agree that DiversityEdu does not guarantee their comprehensiveness and accuracy.
3. USER ACCOUNT REGISTRATION
If you choose to register for a user account through the DiversityEdu Websites, the credentials you create will grant you access to otherwise restricted DiversityEdu Content which you may enjoy and use subject to the terms of this Agreement. During your registration process, you will be asked to generate a unique username and password to access your user account. By creating an account with DiversityEdu, you agree that you will not share these unique credentials with any third party for any reason and that you will use any and all reasonable efforts to safeguard such credentials from being accessible to third parties.
4. INTELLECTUAL PROPERTY
All DiversityEdu Websites and DiversityEdu Content is owned and operated by DiversityEdu and DiversityEdu Affiliates. You agree that DiversityEdu Websites and DiversityEdu Content as well as any computer scripts, code and software used, and the manner in which they are collected, assembled or arranged (“Proprietary Content”), are the sole and exclusive property of DiversityEdu and/or of DiversityEdu Affiliates and/or its licensors, if any, and any such Proprietary Content is protected by applicable domestic and international intellectual property laws, including but not limited to copyright, trademark, privacy, publicity, promotion laws, etc. No portion of the Proprietary Content may be used, reproduced, modified, rented, leased, loaned, sold, distributed, and neither may derivative works be created based on the Proprietary Content, in the absence of explicit prior written authorization by DiversityEdu to do so.
Any DiversityEdu trademarks, service marks or logos (“DiversityEdu Marks”) are the property of DiversityEdu and are protected by domestic and international intellectual property laws. DiversityEdu Marks may not be copied, reproduced, published, modified, displayed or distributed without an explicit prior written authorization by DiversityEdu.
DiversityEdu values and protects its own and its licensors’ intellectual property rights and reserves the right, in its sole discretion, to remove any material or user that infringes or appears to infringe on any Proprietary Content. Your access to or use of the DiversityEdu Websites, DiversityEdu Content or Proprietary Content may be terminated if DiversityEdu, subjectively or objectively, determines that you have infringed any intellectual property rights, whether they are based on local, state, federal, or international law.
To alert DiversityEdu of any users or activity which you have a reason to believe infringes on any intellectual property rights related to the Proprietary Content or otherwise, please contact DiversityEdu immediately at [email protected] and include the following information: (a) link to the allegedly infringing material; (b) narrative identification of the specific content or material or section of it that is claimed to be infringing; (c) your contact information; and (d) narrative statement describing the basis of your belief that the use of the allegedly infringing material violates any rights.
By accepting this Agreement, you acknowledge that any information you submit to DiversityEdu may be used in any manner DiversityEdu deems appropriate and that DiversityEdu does not owe any duty of confidentiality or privacy to you or any third-party regarding such information. You further acknowledge and agree that no information you provide to DiversityEdu for any reason: (a) is false, misleading or fraudulent; (b) infringes on any copyright, patent, trademark, trade secret, privacy or publicity rights or violates any other laws; (c) is defamatory, libelous, unlawfully threatening or unlawfully harassing; (d) may be deemed obscene or contain a sexually explicit image; (e) contains any viruses, bots, worms, or other potentially harmful computer scripts.
5. DIVERSITYEDU CONTENT RISK OF LOSS
You are encouraged to enjoy any DiversityEdu Content you have been authorized to access. If you experience any issues related to DiversityEdu Websites or DiversityEdu Content which may be resolved by DiversityEdu, please contact us immediately. You are responsible to safeguard any DiversityEdu Content you have been able to retain locally on your personal storage device. Because any such DiversityEdu Content is provided on an “as is” basis, DiversityEdu may, at its sole discretion, choose whether to provide assistance or technical support services for such content.
6. GRANT OF LICENSE FOR USER PROVIDED CONTENT
From time to time, DiversityEdu may accept submissions from you as a guest blogger or to provide your opinions or suggestions to DiversityEdu. You hereby agree that you are providing any such content or opinions to DiversityEdu voluntarily and that by submitting your content or opinions to DiversityEdu, you grant to DiversityEdu a non-exclusive, transferable, royalty-free, worldwide license, in perpetuity, to display, modify, sublicense, and otherwise exploit such content or opinions in any format and through any medium, digital or otherwise and at DiversityEdu’s sole discretion.
7. THIRD-PARTY CONTENT AND MATERIALS. INDEMNIFICATION
Certain content, information, products, or services of third parties or links to them (“Third-Party Materials”) may be available via DiversityEdu Websites or DiversityEdu Content, which may originate from or are hosted by third parties unrelated to DiversityEdu. Such Third-Party Materials are provided for your information and convenience only and you agree that neither DiversityEdu nor DiversityEdu’s Affiliates are responsible for examining or evaluating such content and do not make any warranties or representations related to such Third-Party Materials and do not have any liability or responsibility for such content. Further, by accepting this Agreement, you agree that you will not use any Third-Party Materials in a manner that would infringe or violate any rights or laws and that neither DiversityEdu nor DiversityEdu’s Affiliates are in any way liable or responsible if you do. Should you be accused of or found liable for infringing any legal rights related to Third-Party Materials, you hereby agree to indemnify and hold DiversityEdu and all DiversityEdu Affiliates harmless of any damages arising out of such infringement or violation.
If you violate any of the terms and conditions of this Agreement, your rights under this Agreement may automatically terminate without notice from DiversityEdu, and DiversityEdu may, in its sole discretion, immediately revoke your access to any or all DiversityEdu Websites or DiversityEdu Content without any notice to you. In such event, you are required to delete any copies of DiversityEdu Content that you have retained on your personal storage devices, and DiversityEdu shall have the right, without notice to you, to automatically discontinue your access to any other DiversityEdu Content.
9. ADDITIONAL TERMS
(a) Amendments. DiversityEdu reserves the right to make changes to this Agreement at any time. Your continued use of the DiversityEdu Websites or DiversityEdu Content following any such changes will constitute your acceptance of such changes.
(b) Dispute Resolution. Forum Selection. Choice of Law. Any disputes arising out of this Agreement, shall be subject to mandatory binding mediation to the exclusion of any other conflict resolution forum. If for any reason, the parties to this Agreement are absolutely unable to resolve their dispute through mediation, such dispute may be submitted to binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. You voluntarily consent to the personal jurisdiction of the State of New York and agree that the exclusive venue for resolving any disputes under this Agreement shall be the State of New York. Any disputes under this Agreement shall be resolved in accordance with the laws of the State of New York.
(c) Waiver of Rights and Severability. Any failure on DiversityEdu’s part to pursue or enforce any rights or terms under this Agreement shall not constitute a waiver of any such rights or terms under this Agreement. If any term or provision under this Agreement is found to be unenforceable or invalid by a court of competent jurisdiction, the Parties to this Agreement hereby agree that such finding shall not affect the validity and enforceability of the remaining terms of this Agreement.