Terms and Conditions
Terms and Conditions of Service
(Effective June 17, 2021; Last Modified June 17, 2021)
These Terms and Conditions of Service (“Terms”) govern and apply in full force and effect to your use of the www.diversityprofessional.com website, including all pages within this website (collectively referred to as “Site”) and by accessing, using, viewing, transmitting, caching or storing this Site or any of its services, functions, materials, or contents, or purchasing any products or services from Diversity Professional (referred to as “DP”), you expressly agree to each and all terms, conditions, and notices on this Site without modification. This document is a legally binding contract between DP and you, the User (as defined below), for the use of the applications, software, products and services provided by DP (collectively, the “Services”). Certain terms, including but not limited to the arbitration clause and class action waiver clause, may restrict your rights to bring a claim in a court of law.
DP may make changes to these Terms at any time. Any changes DP makes will be effective immediately when DP posts a revised version of these Terms on the Site. The “Last Modified” date above will tell you when these Terms were last revised. By continuing to use this Site after that date, you agree to the changes. It is your responsibility to check this page periodically for changes in the Terms. Any new features or tools which are added to the Site shall also be subject to the then current Terms.
1. General Definitions
a. “Agreement” refers, collectively, to all Terms and all other operating rules, policies, including DP’s Privacy Policy, and procedures that we may publish from time to time on the Site including but not limited to payments and refunds.
b. “Content” refers to content featured or displayed through the Site, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Site or otherwise available through the Service.
c. “Us” and “we” refers to DP, as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
d. “User,” “customer,” “you,” “your” refers to the individual person, company, or organization that has visited or is using the Site or Services; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions.
2. Agreement for Use
You warrant that you possess the legal authority to enter into this Agreement and to use this Site and DP’s Services in accordance with all Terms herein. You must be at least 18 years or older to enroll for DP’s Services. You agree to be financially responsible for all of your use of this Site as well as for use of your account by others, including without limitation minors. You agree to supervise all usage by minors of this Site under your name or account. You also warrant that all information supplied by you or members of your household in using this Site is true and accurate. You agree that the Services offered by DP through the Site shall be used only to make
legitimate purchases for you or for another person or entity for whom you are legally authorized to act.
You agree to abide by the Terms set forth herein, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of Services. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Site and the Services.
3. Wireless Use
Functionality is not guaranteed with all types of mobile devices in using this Site. You should contact your service provider directly for technical assistance or any questions. Please note that security features vary by carrier/service provider and mobile device. Additional minutes/charges may apply and may be charged by your mobile carrier/service provider.
4. Services and Product Purchases and Use
a. Scope of Services. DP’s Services include providing online expert sessions as posted and advertised on the Site.
b. Limitations and Restrictions of Service. DP reserves the right to refuse its Services to anyone for any reason at any time. DP may, in its sole discretion, limit or cancel Services purchased per person, per household or per order. DP reserves the right, but is not obligated, to limit the sale of its Services to any person, geographic region or jurisdiction. DP may exercise this right on a case‐by‐case basis. DP reserves the right to limit the quantities of any Services it offers. In the event that DP makes a change to or cancels a Services registration, DP may attempt to notify you by contacting the e‐mail and/or billing address/phone number provided at the time the registration was made. We may reject your registration or cancel an existing registration for any reason at our sole discretion. Any harassment or insult towards DP may result in immediate account termination.
c. Prices and Product Availability. All descriptions of Services and products and Services and product pricing are subject to change at any time without notice, at the sole discretion of DP. DP reserves the right to modify or discontinue any Services or products at any time without notice. DP shall not be liable to you or to any third‐party for any modification, price change, suspension or discontinuance of Services or products. Any offer for any Services or products made on this Site is void where prohibited.
d. Program Content. Ask The Expert Sessions are provided by Experts at their discretion and subject to the Experts’ availability. Customers can choose between 60 minute and 30 minute Expert sessions at the rate indicated for each particular session. DP offers the
Experts’ sessions through its website but the scheduling and content of the Expert sessions are solely at the Experts’ discretion and DP has no influence on the content and availability of any Experts’ session.
e. Payment. You will be directed to pay the entire Expert session fee at the time you book the session. The Expert session fee includes a $25 fee for DP for providing this Service through the Site.
f. Refund Policy. All sales are final and DP does not provide a refund for any booked Expert sessions. However, subject to the Expert’s availability and at the Expert’s discretion, a booked and paid for Expert session can be rescheduled.
g. Sales Policy and Third Party Gateways: All transactions for purchase of our Services and products are made through the Stripe payment gateway. Once you successfully complete a purchase you will be redirected back to our Site or you will receive an email from us with a link to the Service or product of your purchase. If for whatever reason you are not redirected or you do not receive an email, please contact us with your transaction details, including the email ID through which the payment was made.
h. Payment and Currency Disclaimer: All transfers conducted through the Site are handled and transacted through third party dedicated gateway Stripe (www.stripe.com). Please read the terms & conditions for Stripe on its website as they are responsible for any transactions made and are liable for any loss or damage you may suffer as a result of using the third party payment gateway. All payment amounts are represented in United States dollars as this is the currency of our host country. We are not liable for any discrepancies in charges for international currencies. All currency conversions and their calculations through payment are made via Stripe.
i. Payment Methods. Payment through the Site are accepted via Stripe. We accept all major credit cards. In order for you to place an order for one of our products or Services, you must submit valid payment details. Valid payments will be processed once your order has been accepted by DP.
j. Tax, Duty and Customs Charges. Customers located internationally may be required to pay sales tax, duty and/or custom charges. All taxes and customs charges are the responsibility of the customer and are not included in the cost of the order.
k. User Information. You agree to provide current, complete and accurate purchase information for all purchases and orders made through this Site. You understand that your information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
l. Image Display. DP has made every effort to display as accurately as possible the colors and images of its Services on the Site. DP cannot guarantee that your computer monitor’s display of any color will be accurate.
5. Prohibited Conduct
You may not interfere with the content or functioning of this Site. You are expressly restricted and prohibited from all of the following:
(a) Copy, display, modify, reproduce, or otherwise transfer any of the Site materials to any third party
(b) Interfere or disrupt networks connected to the Site
(c) Use or attempt to use any device, software or routine which interferes with the proper functioning of the Site or any transactions being offered through the Site
(d) Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Site, documentation or data related to the Services
(e) Transmit files, data or other materials containing a computer virus, corrupted data, worms, “Trojan horses” or other instructions or design that would erase data or programming or cause the Site or any equipment or system to become inoperable or incapable of being used in the full manner for which it was designed
(f) Deliver any communication to or through the Site which violates any local, state, federal or international law
(g) Deliver any communication to or through the Site that contains defamatory, libelous, abusive or obscene material
(h) Deliver any communication to or through the Site that will infringe upon the rights of any third party;
(i) Publishing any Site material in any media;
(j) Selling, sublicensing, and/or otherwise commercializing any Site material; (k) Publicly performing and/or showing any Site material;
(l) Using this Site in any way that is, or may be, damaging to this Site;
(m) Using this Site in any way that impacts user access to this Site;
(n) Using this Site contrary to applicable laws and regulations, or in any way that causes, or may cause, harm to the Site, or to any person or business entity;
(o) Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Site, or while using this Site;
(p) Using this Site to engage in any advertising or marketing.
DP may restrict access by you to any areas of this Site, at any time, in our sole and absolute discretion.
6. User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions or, without a request from us, send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that DP may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. DP is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. DP may, but has no obligation to, monitor, edit or remove Content that DP determines in its sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your Comments will not violate any right of any third‐party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the
Site. You may not use a false e‐mail address, pretend to be someone other than yourself, or otherwise mislead DP or third‐parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. DP takes no responsibility and assumes no liability for any Comments submitted by you or any third‐party.
7. Ownership of Materials and Intellectual Property Rights
This Site and the materials contained therein reference trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights and intellectual property of DP and/or other parties. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of DP and/or other parties is granted to or conferred upon you. You are granted a limited, non‐transferable, revocable license only, subject to the restrictions in these Terms, for purposes of viewing the materials contained on this Site for your personal use only.
All contents of this Site are protected by United States and international copyright laws. No materials on this Site may be reproduced, distributed, posted, displayed, uploaded, or transmitted except as expressly permitted herein. You may not use the materials on this Site for anything other than informational purposes. The use of any materials from the Site on any other internet, intranet, web or other site or computer environment is prohibited. You may not utilize framing techniques to frame any DP trademarks, logos, or other proprietary information (including images and text). You may not use any meta tags or any other “hidden text” utilizing DP’s name, trademarks or other proprietary information. Trademarks owned by DP may not be used or displayed publicly without the prior written permission of the owner of the marks. Any rights not expressly granted herein are reserved.
8. Copyright Policy
If you are a copyright owner and you believe your work has been copied in a way that constitutes copyright infringement, please contact us and provide the following information: ‐ A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right of copyright that is allegedly infringed;
‐ Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
‐ Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material; ‐ Information reasonably sufficient to permit us to contact the complaining party (for example, the complaining party’s physical address, email address, and telephone number); ‐ A statement that the complaining party has a good faith belief that use of the material is unauthorized; and
‐ A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications of claimed infringement should be sent to Copyright Officer at
info@diversityprofessional.com.
9. Disclaimers and No Warranties
1) Warranties Disclaimer. This Site is provided “as is,” and DP makes no express or implied representations or warranties of any kind related to this Site or the
materials contained on this Site. While DP tries to maintain current information, DP does not guarantee the currency, accuracy or completeness of the information. DP denies responsibility or liability for damages which may result from your access to or use of information on this Site. While some links on this Site may lead you to other sites, DP does not endorse those sites or approve their content. DP does not have control over those sites, is not responsible for their content, and does not verify or warrant the information on them. DP provides such links solely as a convenience to you and for informational purposes only. If you go to such third‐party sites, you assume any risk of doing so and you will be subject to the terms, conditions of use and privacy policies of the third‐party sites. Other websites may include links to this Site. The inclusion of such links does not indicate the other website’s endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from this Site.
DP does not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error‐free. You agree that from time to time DP may remove its Services for indefinite periods of time or cancel the Services at any time, without notice to you. You expressly agree that your use of, or inability to use, the Site is at your sole risk. The Services and all products and services delivered to you through the Site are (except as expressly stated by us) provided as is and as available for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non‐infringement.
2) Errors, Inaccuracies and Omissions. Occasionally there may be information on this Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. DP reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have booked an Expert session). DP undertakes no obligation to update, amend or clarify information on the Site, including without limitation, pricing information, except as required by law.
3) Earnings Disclaimer. You acknowledge that we have not and do not make any representations as to the health physical, mental, emotional, spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your use of this Site or our Services, programs, and products. We cannot and do not guarantee that you will attain a
particular result, positive or negative, financial or otherwise, through the use of our Site or our Services and products and you accept and understand that results differ for each individual. You agree that we are not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other results of any kind that you may have as a result of information presented to you through our Site. You are solely responsible for your results. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non‐use of the information provided or obtained through the use of our Site or our Services. You agree that your results are strictly your own and we are not liable or responsible in any way for your results.
4) Technology Disclaimer. We try to ensure that the availability and delivery of our Site and our Services is uninterrupted and error‐free. However, we cannot
guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will not be liable to you for damages or refunds, or for any other recourse, should our Site and our online Services become unavailable or access to it becomes slow or incomplete due to any reason, such as system back‐up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Site and online Services inaccessible to you.
10. Limitation of Liability
IN NO EVENT SHALL DP, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE TO YOU FOR ANYTHING ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE, INCLUDING YOUR SERVICES ORDERS MADE THROUGH THIS SITE AND OUR ONLINE PROGRAMS, WHETHER SUCH LIABILITY IS UNDER CONTRACT, TORT OR OTHERWISE, AND DP, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS AND LICENSORS, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR DATA, LOST REVENUE, LOST SAVINGS, REPLACEMENT COSTS, OR ANY OTHER DAMAGES IN THE AGGREGATE EXCEEDING THE AMOUNT OF THE FEES PAID AND PAYABLE BY YOU TO DP ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THIS SITE AND THE SERVICES. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, DP’s liability shall be limited to the maximum extent permitted by law.
DP will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. To the extent allowable by law, you shall be liable for any expenses and reasonable attorneys’ fees for your failure to safeguard your account and promptly notify DP about unauthorized use of your account or breach of your account
information. DP expressly disclaims any and all liability arising from revocation, cancellation, or suspension of your account for any reason. Your account and registration will terminate immediately upon your breach of any of these Terms. You may terminate your account and participation as a registered user at any time.
11. Indemnification
You agree to indemnify DP to the fullest extent from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorneys’ fees and costs) arising out of or in any way related to your use of this Site or your breach of any of the provisions of these Terms.
12. Arbitration and Class Action Waiver
If a dispute arises from or relates to these Terms, you agree to first contact DP to attempt to resolve the issue. If the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association (“AAA”) under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that, except with respect to any claim or dispute involving the ownership, validity or use of any of our trademarks or service marks, any unresolved dispute arising out of or related to these Terms or to the products and services sold or distributed through this Site, will be submitted for arbitration to the AAA. DP shall have the right in a proper case to obtain temporary restraining orders, temporary or preliminary injunctive relief and/or declaratory relief (other than declarations with respect to the amount of money damages) from a court of competent jurisdiction.
The arbitration proceedings shall be heard by one independent arbitrator who shall be an attorney or retired judge. The arbitration shall be held in Riverside County, California and in accordance with the then‐existing Commercial Arbitration Rules of the AAA. All matters within the scope of the Federal Arbitration Act (9 U.S.C. 1, et seq.) will be governed by it and not by any state arbitration law. You and DP waive any rights to maintain other available resolution processes for such disputes, such as a court action or administrative proceeding. You and DP waive any right to a jury trial for such disputes.
In reaching a decision, the arbitrator shall follow these Terms, shall be bound to apply the applicable law and shall not rule inconsistently with the applicable law. The arbitration shall be conducted on an individual basis, and not as a consolidated, common, representative, group or class. The arbitrator shall include in the arbitration award any relief the arbitrator deems proper in terms of money damages (with interest on unpaid amounts from the date due at the maximum rate allowed by law), and attorneys’ fees and costs. The award of the arbitrator shall be conclusive and binding upon all parties hereto and judgment upon the award may be entered in any court of competent jurisdiction.
Other than as may be required by law, the entire arbitration proceedings (including, but not limited to, any rulings, decisions or orders of the arbitrator), shall remain confidential and not be disclosed to anyone other than the parties to this Agreement.
Any and all claims and actions arising out of or relating to these Terms shall be commenced within one (1) year from the occurrence of the facts giving rise to such claim or action, or such claim or action shall be barred.
YOU AGREE THAT YOU WILL NOT FILE A CLASS ACTION AGAINST DP, OR PARTICIPATE IN A CLASS ACTION AGAINST DP. YOU AGREE THAT YOU WILL NOT FILE OR SEEK A CLASS ARBITRATION, OR PARTICIPATE IN A CLASS ARBITRATION, AGAINST DP.
13. Severability
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
14. Revision of Terms
DP expressly reserves the right to revise these Terms at any time as it sees fit and, by using this Site, you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing the use of this Site.
15. Assignment
DP is permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without notification or consent required. You, however, are not permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
16. Entire Agreement and No Waiver
These Terms, including any legal notices and disclaimers contained on this Site as well as our Privacy Policy, constitute the entire agreement between DP and you in relation to your use of this Site and the Program, and supersede all prior agreements and understandings with respect to the same.
The failure of DP to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
17. Governing Law and Jurisdiction
These Terms will be governed by, construed and enforced in accordance with the laws of the State of California without regard to its conflicts of law rules. The exclusive jurisdiction for any
dispute not covered by the terms of the Arbitration provision set forth in these Terms may be filed only in the state or federal courts located in the State of California, County of Riverside.
18. Contact Information
Questions about these Terms should be sent to us at info@diversityprofessional.com.
