Terms of Use and Member Rules

Failure to abide by Terms of Use and Member Rules can result in immediate termination of membership.


TERMS OF USE

Please read these terms of use before using the web pages of DiversityInc Media, LLC.These pages, found at www.DiversityInc.com, together with the underlying source HTML files that implement the hypertext features, are hereinafter referred to as this “Site.” By using this Site, you are agreeing to the following terms.

IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST IMMEDIATELY DISCONTINUE USE OF THIS SITE.

1. USE OF MATERIALS

a. The contents of this site, including, but not limited to, text, graphics and icons, are copyrighted materials (“Contents”) owned or controlled by DiversityInc Media, LLC or entities which have granted certain rights to DiversityInc Media, LLC. The Contents may also contain DiversityInc Media, LLC’s or such other entity’s name, trademarks, service marks, and trade names, as well as product designs covered by United States and foreign design patents. You are hereby granted a nonexclusive, nontransferable, limited license to view, download, and print portions of the Site and the Contents of the Site, for your personal use in learning about the topic discussed at the Site, in evaluating or acquiring DiversityInc Media, LLC’s services or products, or in learning about and evaluating other services and products described at the Site. You must faithfully reproduce any and all copyright notices which are provided by DiversityInc Media, LLC, and may not obscure copyright or other notices.

b. Except as specifically provided herein, DiversityInc Media, LLC does not grant permission to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the Site or the Contents.

c. Without first obtaining DiversityInc Media, LLC’s written consent, you may not use (a) DiversityInc Media, LLC’s icons to hyperlink other websites with this site, or (b) DiversityInc Media, LLC’s name, trademarks, trade names, service marks, or any patented designs for any reason. If you wish to take any of these actions, please email lukevisconti@DiversityInc.com. If permission to hyperlink is granted, you may not remove or obscure (by framing or otherwise) any copyright notices, advertisements, or other information on this Site.

d. Use, duplication or disclosure by or for the United States Government is subject to the restrictions set forth in DFARS 252.227-7013(c)1(ii) and FAR 52.227-19.

2. MEMBER RULES

a. All members will treat other members with courtesy and respect when posting messages to the discussion groups. No unnecessary name calling or abuse toward any member is allowed.

b. No profanity shall be posted in messages to the discussion group. Members who post messages with profanity or obscenity will have their membership terminated.

c. No sharing of member logins, passwords and user names. Our system is designed to detect this immediately and suspend any account where more than one person signs on using the same username or password.

d. No reprinting, republishing. reposting or redistribution of information, images, etc., presented on this site, to any other site. Doing so is violation of our copyright.

Failure to abide by these rules can result in immediate termination of membership without refund.

3. THIRD PARTY LINKS

DiversityInc Media, LLC assumes no responsibility for material created or published by third parties, including without limiting the generality of the foregoing, materials on sites which are linked to the Site.

4. SUBMISSIONS

a. All information submitted to DiversityInc Media, LLC via this Site, or via any postal or any email submission to any DiversityInc Media, LLC employee, shall be and shall remain the property of DiversityInc Media, LLC. DiversityInc Media, LLC reserves the right to review all content and remove material which is objectionable to DiversityInc Media, LLC, in its sole and absolute discretion. You waive all editorial and moral rights to any submissions you make to DiversityInc Media, LLC, regardless of format.

b. DiversityInc Media, LLC shall not be subject to any obligations of confidentiality regarding submitted information, with the sole exception of site registration information as provided on registration forms, as to which email addresses and names are not disclosed to third persons with the consent of the registrant.

c. You warrant that all information submitted by you is fit for publication, and is not libelous, defamatory and/or pornographic.

d. You agree to indemnify DiversityInc Media, LLC if any third party takes action against it, and agree not to take action against DiversityInc Media, LLC, in relation to any material you submit, regardless of form.

e. By submitting information, you warrant that DiversityInc Media, LLC may publish the information, and/or incorporate it or any concepts described in such information, without liability to you or any other or entity.

5. DISCUSSION FORUMS

If you participate in any chat rooms, bulletin boards, or other forum within the Site, you agree to not:

a. defame, abuse, harass or threaten others; b. make any bigoted, hateful or racially offensive statements; c. advocate illegal activity or discuss illegal activities with the intent to commit them; d. post or distribute any material that infringes and/or violates any right of a third party or any law; e. post or distribute any vulgar, obscene, discourteous or indecent language or images; f. advertise or sell to, or solicit others; g. post or distribute any software or other materials which contain a virus or other harmful component; or h. post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board.

DiversityInc Media, LLC reserves the right to remove or edit messages or material submitted by you. DiversityInc Media, LLC is not responsible for material submitted to it or posted in chat rooms, on bulletin boards or on other forums by users of the site. By communicating with DiversityInc Media, LLC or participating in any forum in the Site you grant DiversityInc Media, LLC an irrevocable, transferable and worldwide right to use, reproduce, publicly perform and display, distribute, sub-license, and sell any information, suggestions, ideas, drawings or concepts communicated toDiversityInc Media, LLC for any purpose DiversityInc Media, LLC chooses, commercial, public or otherwise, without any compensation or notice to you whatsoever.

6. DISCLAIMERS AND LIMITATION OF WARRANTIES

a. THE CONTENTS ARE PROVIDED “AS IS,” ON AN “AS AVAILABLE BASIS.” ALL WARRANTIES, EXPRESS AND IMPLIED, AND ALL INDEMNITIES OF ANY KIND, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED.DiversityInc Media, LLC AND ITS LICENSORS DO NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE SITE IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT USE OF THE SITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS AND/OR VIRUSES. YOU USE THE SITE AT YOUR SOLE RISK.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL DiversityInc Media, LLC, ANY RELATED PARTIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS ) THAT ARISE OUT OF OR IN CONNECTION WITH ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS OR UNAUTHENTICITY OF ANY CONTENT IN THE SITE, OR THE USE OR INABILITY TO USE THIS SITE OR ANY CONTENT THEREIN. IN NO EVENT SHALL DiversityInc Media, LLC’s, RELATED PARTIES’ AND LICENSOR’S AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THIS SITE EXCEED THE TOTAL AMOUNTS PAID BY YOU TO DiversityInc Media, LLC FOR ACCESSING THIS SITE, IF ANY.

b. The foregoing limitation of liability includes, without limiting the generality of the foregoing, all damages suffered as a result of (1) errors and/or omissions, typographical errors and technical inaccuracies in or on the Site or on third party websites which are linked to the Site directly or indirectly; (2) the unavailability of this Site or any portion of the Site; (3) your use of this Site for any purpose whatsoever; or (4) any damages to personal property, including computer equipment and software, whether as a result of computer viruses or otherwise.

c. DiversityInc Media, LLC makes no representation that the materials contained in the Site are appropriate or authorized for use in all countries, states, provinces, county or any other jurisdictions. If you choose to access this Site, you do so on your own initiative and risk and are responsible for compliance with all applicable laws.

7. CAREER CENTER

Use of the career center is limited to the identified sponsor on this insertion order. Passwords may be shared within the sponsoring company to post jobs and view resumes for said sponsor. However, user ID and passwords may not be shared with third parties to access DiversityInc.com database and job posting software. Sponsoring company shall be responsible for the confidentiality and uses of the user ID(s) and password(s), whether or not authorized. Upon any violation of these terms, DiversityInc Media, LLC reserves the right, at its sole discretion, to immediately terminate sponsor access to the career center, including but not limited to removing all postings. No Refunds nor partial refunds will be issued to terminated sponsors.

8. INDEMNIFICATION

You will indemnify, defend and hold DiversityInc Media, LLC harmless from and against all damages and claims suffered by DiversityInc Media, LLC and arising directly or indirectly from your breach of these Terms of Use. Such indemnification shall include attorney fees and costs incurred by DiversityInc Media, LLC in enforcing its rights hereunder.

9. MISCELLANEOUS

a. DiversityInc Media, LLC reserves the right to withdraw or limit access to the Site and revise the Contents and the services and products described in this Site, including these Terms of Use, at any time without notifying you specifically, even if such notice has been requested. DiversityInc Media, LLC may amend or modify these Terms of Use or impose new conditions at any time upon inclusion of a notice on the Site indicating that this agreement has been updated. Any use of the site by you after such update shall be deemed to constitute acceptance by you of such amendments, modifications or new conditions.

b. This Site may contain references to products or services which are not available in all locations.

c. These Conditions of Use shall be governed by and construed in accordance with the laws of the State of New Jersey, as applied to agreements made and solely performed in the State of New Jersey. Disputes arising hereunder shall be exclusively subject to the jurisdiction of the State and U.S. Federal District Courts of the State of New Jersey. You expressly consent to such jurisdiction.

d. These Terms of Use represent all of the agreements between you and DiversityInc Media, LLC regarding your use and access to the Site. If any provision of these Terms of Use is deemed unenforceable, unlawful, void, or against public policy, that provisions shall be deemed severed from the remainder of these Terms of Use, which shall remain valid and in full force and effect.

10. DISCLOSURE

Sponsorship of DiversityInc Media, LLC includes editorial content. The content is at the discretion of the executive editor of DiversityInc.com. Sponsors do not have the right to participate in any aspect of the editorial process, including prepublication approval of stories. Sponsorship does not preclude DiversityInc Media, LLC publishing any newsworthy stories that could be construed as negative to any sponsor.

Entire contents 2011 DiversityInc Media, LLC. All rights reserved

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