TERMS OF USE

THE TERMS, CONDITIONS AND NOTICES BELOW SHALL GOVERN YOUR USE OF THE DIVERSITY.COM SERVICES AND SHALL PROVIDE NOTICE OF DIVERSITY.COM POLICIES READ VERY CAREFULLY!

The Diversity.com Service is available to you with your unconditional acceptance of the terms below without modification. The term “Service” refers to all information, text and visual images, software, products and services used or available via the Diversity.com web site. Any and all rights not expressly granted in herein are reserved by Diversity.com, along with the right to change these terms (the “Terms”), at its sole discretion, at any time. Your use of the Service means that you have read and understand all of the Terms below and any updates or modifications thereto and that you agree with them. For further information relating to the legal issues below regarding the Service, please contact sales@diversity.com or call Diversity.com at 1-706.835.1330.

I. Use of the Diversity.com Service.

The Diversity.com Service is for personal and non-commercial use only. The Service may be used only for the purpose of seeking employment and career information and for employers seeking employees.

Except as otherwise expressly provided, you may not modify, copy, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer or sell any information or content contained in the Service, the Diversity.com web site, or any Diversity.com software, product or service obtained from or available as part of this Service. You are hereby granted a non-exclusive, non-assignable and non-transferable license to use the Service only under these terms and conditions of use. This grant is not to be construed as a sale of any Diversity.com rights described herein.

The Diversity.com Service may be used only by you, and you may not rent, lease, lend, sub-license or transfer the Service or any data residing on it or any of your rights under these Terms to anyone else. You may not develop or derive for commercial sale any data in any form whatsoever that incorporates or uses any substantial part of the service. You may not transfer to or store any data residing or exchanged over the Diversity.com Service in any electronic network for use by more than one (1) user unless you obtain prior written consent from Diversity.com.

II. User Responsibilities.

As a condition of your use of the Diversity.com Service, you agree, represent, and warrant that you will not use the Service for any purpose or in any manner that is prohibited by these Terms and conditions or by any applicable law. It is your responsibility to ensure that your use of the Service complies with these Terms and to seek prior written consent from Diversity.com for any uses that are not permitted or not expressly granted to you herein.

As you use our Service, you shall not:

1. Knowingly transmit any:

(a) information, data, images, or other materials (“Material”) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous or otherwise objectionable or that may invade another’s right of privacy or publicity;

(b) any Material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships;

(c) any Material that contains a virus or corrupted data;

(d) unsolicited advertising, promotional materials, “spam,” or any other form f solicitation or any non-resume information such as opinions or notices, commercial or otherwise;

(e) any Material that infringes any intellectual property right, including but not limited to patent, trademark, service mark, trade secret, trade dress, copyright or other proprietary rights of any third party;

(f) any false or inaccurate resume information of your own or another individual;

(g) any franchise, pyramid scheme, club membership, distributorship or sales representative agency arrangement, or other business opportunity that requires any payment, pays commissions only, and/or requires recruitment of other members, sub-distributors or sub-agents;

2. Impersonate any person or entity, including but not limited to, an Diversity.com official, forum host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

3. Delete any author attributions, legal notices or proprietary designations or labels that you post on the Service to any communication feature;

4. Use the Service in a manner that restricts the availability of its resources to other users (e.g., excessive shouting, flaming, use of all caps, or continuous posting of repetitive text);

5. Violate any applicable local, state, national or international laws;

6. Respond to any employment opportunity on the Service for any reason other than to apply for a job;

7. Delete or revise any Material posted by any person or entity other than you;

8. Print out or otherwise copy or use any personally identifiable information about employees or business information about employers. Unsolicited e-mail, telephone calls, mailings or other contacts to posting individuals and companies are prohibited.

9. Violate or attempt to violate the security of Diversity.com, including, without limitation:

(a) access data not intended for such user or logging into a server or account that you are not authorized to access;

(b) attempt to test, scan, probe or hack the vulnerability of the Service or any network used by Diversity.com or to breach security, encryption or other authentication measures without authorization;

(c) attempt to interfere with service by overloading, flooding, pinging, mail bombing or crashing the Service;

(d) send any unsolicited email of any type;

(e) forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

III. User Grant of Rights to Diversity.com.

When you submit your Material to the Service, you grant Diversity.com the royalty-free, perpetual, irrevocable, non-exclusive, transferable right and license to use, reproduce, modify, adapt, publish, distribute, translate, create derivative works from, distribute, perform and display the Material worldwide or to incorporate it in other works in any form, media, or technology now known or later developed, without restriction or compensation. Diversity.com shall have the right in its sole discretion to edit, refuse to post, or remove any Material posted on the Service and to remove any Material that violates these Terms.

You agree to indemnify and hold Diversity.com harmless from any third party claims, damages or demands, including reasonable attorneys’ fees, relating to or arising out of your violation of these Terms, your representations and warranties, or your violation of any third party rights.

Diversity.com has no obligation to monitor the data on or transmitted via this Service. However, you agree that Diversity.com may monitor the Service Material to (a) comply with any applicable laws, regulations or other government requests; (b) to operate the Service properly and to protect itself, its users and its partners; and (c) for such other purposes as Diversity.com may, in its sole discretion, deem reasonably necessary.

IV. User Privacy.

The Diversity.com Service requires that Diversity.com gather, process, use and distribute information that you provide directly to us, as well as indirectly to us (for example, information regarding the manner in which you use the Service). Diversity.com does not guarantee that your information will be prevented from being viewed by any particular party. If you have directly submitted information and would like us to remove it from the Service, please contact us at the email address or phone number listed above and we will use reasonable efforts to delete your information. For more information regarding Diversity.com’s Privacy Policy.

V. Intellectual Property Rights.

Nothing in these Terms or in the Service shall be construed as granting you a license to use any of Diversity.com’s intellectual property as described above, except as expressly set forth herein. The deletion or alteration of any proprietary notices from the Service is prohibited and shall be cause for termination.

Diversity.com and certain other names or logos are trademarks of Diversity.com, and all related product and service names, design marks and slogans are the trademarks or service marks of Diversity.com. All other product and service marks contained herein are the trademarks of their respective owners. All editorial content and graphics on this Service are protected by U.S. copyright laws and international treaties and may not be copied without the express permission of Diversity.com. The unauthorized use of any of Diversity.com’s editorial content and graphics for any purpose is strictly prohibited without Diversity.com’s prior written consent.

Data, software, products and services published on this Service may include inaccuracies, typographical errors or out-of-date information. Changes may be made and items may be added to the Service from time to time. Diversity.com may make such changes or additions at any time in its sole discretion.

VI. Third Parties; Members.

The Service contains hypertext links to web sites operated by parties other than Diversity.com, including but not limited to Diversity.com partner companies, agencies, advertisers and other affiliates (the “Partners”). DIVERSITY.COM DOES NOT CONTROL THESE WEB SITES AND IS NOT RESPONSIBLE FOR THEM, INCLUDING THEIR AVAILABILITY, CONTENT OR ANY VIRUSES ACCESSED THROUGH THEM. DIVERSITY.COM SHALL HAVE NO RESPONSIBILITY WHATSOEVER FOR THE ACTIVITIES OF JOB APPLICANTS OR DIVERSITY.COM PARTNERS OR THOSE PARTNERS’ RESPECTIVE HIRING, RECRUITING OR OTHER PRACTICES. Nothing on the Service shall be deemed to be an endorsement, representation or warranty with respect to any Partner, applicant or other third party, whether in regard to its web site, products, services or otherwise.