Diverse World Education
Last Modified: 11/27/2017
By using the Website or Services, you acknowledge that you have read and agree to these Terms as a binding legal agreement between you (“User,” “you,” or “your”) and DWE.
1. Changes to these Terms. We may update these Terms from time to time in our sole discretion. DWE will notify you of changes to these Terms, either by email or by posting updated Terms to the Website, and your continued use constitutes your acceptance of such changes.
2. Access to Website & Services.
a. DWE may modify, or restrict access to, the Website and any Service at any time.
b. If the Website or any Service allows you to register an account (“User Account”), you shall not permit anyone other than you to access (i) your User Account or (ii) the Website or any Service using your User Account. You shall notify us immediately of any access to, or use of, your User Account by anyone other than you.
a. NO PERSON PREVIOUSLY SUSPENDED OR REMOVED FROM THE WEBSITE OR SERVICES BY DWE OR UNDER THE AGE OF 18 MAY ACCESS OR USE THE WEBSITE OR SERVICES.
b. We provide this Website and Services for use only by persons located in the United States. Do not access the Website if you are outside of the United States.
c. You represent and warrant that you have not been previously suspended or removed from the Website by DWE; that you are at least 18 years of age; that you are located in the United States; and that your registration and your use of the Website and Services are in compliance with all applicable laws.
d. Without limiting the prohibition in Section 3(a) and in compliance with 47 U.S.C. § 230(d), please note there are commercially available parental protections (such as computer hardware, software, or filtering services) that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at http://internet-filter-review.toptenreviews.com.
4. Ownership. The Website and Services are the exclusive property of DWE, our licensors, and other third-party providers. You do not have, and nothing in these Terms grants you, any rights in the Website or Services, other than the limited license provided by Section 5.
5. License. For so long as you are in strict compliance with Section 6 and the other provisions of these Terms, we hereby grant you a non-exclusive, non-transferrable, non-sublicensable license to use the Website and Services only for educational purposes subject to any further restrictions stated on, or imposed by, any part of any Website or Service, including, without limitation, any access or permission restrictions assigned to your User Account (if you have one).
6. Restrictions. Without limiting the generality of Sections 4 and 5, you shall not, and you shall not attempt to:
a. Copy, distribute, modify, publish, create derivative works based on, or remove any notices or legends from the Website or Services;
b. Use DWE’s logos, trademarks, or service marks;
c. Use the Website or Services for any commercial purpose;
d. Collect personal information about other users of the Website or Services or anyone else;
e. Remove, circumvent, disable, damage, or otherwise interfere with any features of the Website or Services;
f. Reverse engineer, decompile, disassemble, or undertake similar activities with respect to the Website or Services;
g. Interfere with or damage operation of the Website, Services, or any user’s enjoyment thereof (including, without limitation, by participation in any denial-of-service type attacks or by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code); or
h. Cause any part of the Website or Services to be displayed on, or appear to be displayed by, any other site (for example, by framing).
7. Feedback. Although we value your feedback, please do not submit to us any proprietary information, feedback, suggestions, materials, or comments (“Feedback”). We are not obligated to compensate you for your Feedback, even if we improve or develop the Website or Services or develop other services or products based on your Feedback. By submitting Feedback, you hereby assign to DWE all rights (including any intellectual property rights) in such Feedback.
8. User Contributions.
a. The Website or Services may contain message boards, forums, comment-enabled features, and other interactive features that allow users to submit content or materials on or through the Website or Services (such content, “User Contributions”).
b. You acknowledge and agree that you are responsible for any User Contributions you submit, including, without limitation, the legality, reliability, accuracy, and appropriateness of such User Contributions. We are not responsible or liable for any User Contributions posted by you or any other user of the Website or Services.
c. We may—but, to be clear, we have no obligation to—take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion.
d. You shall ensure that your User Contributions do not:
i. Contain or promote any material that is defamatory, libelous, deceptive, discriminatory, or otherwise illegal or inappropriate;
ii. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person or entity; or
iii. Involve commercial activities, such as sales, bartering, contests, sweepstakes, or advertising.
9. Linking to Our Website. You may link to our Website, but you may not suggest any form of association with, approval by, or endorsement by us without our express written consent.
10. Disclaimer. THE WEBSITE AND SERVICES ARE PROVIDED “AS IS,” AND DWE—FOR THE BENEFIT OF ITSELF, ITS AFFILIATES, AND THE RESPECTIVE LICENSORS OF DWE AND ITS AFFILIATES (COLLECTIVELY, “DWE Parties”)—DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY AND NON-INFRINGEMENT. DWE MAKES NO REPRESENTATIONS, AND YOU SHALL NOT RELY ON (AND NOBODY IS AUTHORIZED TO MAKE) ANY REPRESENTATIONS, RELATED TO DWE, THE WEBSITE, OR SERVICES.
Without limiting the generality of the foregoing, the Website or Services may include links or references to other websites, services, information, materials, and products (collectively, “Third-Party Materials”). DWE does not operate, control, or endorse any Third-Party Materials. YOUR ACCESS OR USE OF THIRD-PARTY MATERIALS IS SOLELY AT YOUR OWN RISK.
a. TO THE EXTENT PERMITTED BY APPLICABLE LAW:
i. NO DWE PARTY WILL BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES RELATED TO THESE TERMS, THE WEBSITE, OR SERVICES; WE WILL NOT BE LIABLE IF FOR ANY REASON ALL OR ANY PART OF THE WEBSITE IS UNAVAILABLE AT ANY TIME AND FOR ANY PERIOD, AND,
ii. THE TOTAL LIABILITY OF ANY DWE PARTY RELATED TO THESE TERMS, THE WEBSITE, OR SERVICES (WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE) WILL NOT EXCEED $15.
b. YOU SHALL DEFEND AND INDEMNIFY ANY DWE PARTY FROM AND AGAINST ANY THIRD-PARTY CLAIMS, LOSSES, DAMAGES, COSTS, OR OTHER EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS) RELATED TO ANY USER CONTRIBUTIONS POSTED BY YOU, YOUR USE OR MISUSE OF THE WEBSITE OR SERVICES, OR YOUR BREACH OF THESE TERMS.
12. Dispute Resolution. These Terms, and any claim or dispute relating to these Terms or Services (collectively, a “Claim”), are governed by the laws of Michigan, without giving effect to any choice-of-law rule.
To resolve any Claim, the parties consent exclusively to binding, non-appealable arbitration administered by the American Arbitration Association (https://www.adr.org/) in accordance with its Commercial Arbitration Rules and Mediation Procedures, with such arbitration taking place in Michigan. A party may only commence the arbitration by delivering a notice of arbitration to the other party, setting out the nature of the Claims and the relief requested. Within 30 days of the receipt of such notice of arbitration, the responding party shall deliver to the commencing party its answer and any counterclaims, setting out the nature of such counterclaims and the relief requested. The arbitration tribunal will consist of three arbitrators. Each party shall appoint an arbitrator, and the two appointed arbitrators will appoint a third arbitrator, who will act as the chair of the arbitration tribunal. The parties shall keep confidential the existence of the arbitration, the arbitration proceedings, the submissions made by the parties, and the decisions made by the arbitration tribunal (including any awards), except in judicial proceedings related to the award or where required by applicable law.
THE PARTIES HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY.
YOU MAY BRING CLAIMS AGAINST DWE ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
In the event a court of competent jurisdiction finds that a Claim may not be resolved through arbitration (despite the parties’ intention to resolve all Claims through arbitration as described above), the parties consent to the exclusive jurisdiction and venue of the state and federal courts in Michigan with respect to such Claim. Nothing in these Terms prevents DWE from seeking injunctive or other equitable relief (as provided by Section 13) from such courts or from enforcing arbitration judgment in any court necessary for such enforcement.
IF YOU DO NOT COMMENCE, AND PROVIDE DWE WITH WRITTEN NOTICE OF, A CLAIM WITHIN ONE YEAR AFTER THE EVENT GIVING RISE TO SUCH CLAIM OCCURS, THEN SUCH CLAIM WILL BE PERMANENTLY BARRED.
13. Equitable Relief. You acknowledge and agree that violating these Terms will cause irreparable harm to DWE, for which monetary damages would be inadequate, and that, in such event, DWE will be entitled to equitable relief, in addition to any other remedies available under applicable law.
14. Severability. To the extent any portion of these Terms is found to be unenforceable under applicable law, that portion will be modified to achieve as closely as possible the effect of the original portion, and all other provisions of these Terms will continue in full force and effect.
15. Entire Agreement. These Terms constitute the sole and entire agreement between you and DWE regarding the Services and supersede all prior and contemporaneous understandings, agreements, and representations (whether written, oral, or otherwise) regarding the Website or Services. No provision of these Terms may be waived except by a writing signed by both parties, and no waiver of a right or provision of these Terms will constitute a future waiver of any right or provision of these Terms except as expressly provided otherwise in such writing.
16. Reporting Claims of Copyright Infringement.
a. If you are a copyright owner and have a good faith belief that any material available through the Website or Services infringes your copyright, you may request removal of those materials in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), by submitting a written notification to our copyright agent (designated below) containing all of the following:
i. The physical or electronic signature of a person authorized to act on behalf of the copyright owner;
ii. A description of the copyrighted material you claim to have been infringed;
iii. The location of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
iv. Your name, postal address, telephone number, and email address;
v. A statement that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
vi. A statement, under penalty of perjury, that the above information in your notice is accurate and that you are authorized to act on behalf of the copyright owner; and,
b. Our designated copyright agent to receive the above information: firstname.lastname@example.org.
c. Please be aware that if you knowingly misrepresent that online material is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees).