DIVERGECENTRAL USER TERMS OF AGREEMENT AND PRIVACY POLICY

This Agreement is a binding, legal document between DIVERGECENTRAL, a subsidiary of DIVERSITY DYNAMIC CONSULTING (collectively, “DIVERGE,” “We,” “Us”), and you (“User”, “You”) governing the use of our websites and services.

1. GENERAL

DIVERGE provides its website and services (collectively, the “Services”) to you under this Terms of Service and corresponding Privacy Policy. By accessing, registering for, or using our Services, you agree to the following terms, conditions, policies, guidelines, and amendments listed below (the “Terms of Service” or this “Agreement”) and all applicable laws.

You may use our Services after you agree to our Terms of Service and corresponding Privacy Policy.

2. USE OF SERVICES

This Agreement lists rules and guidelines for using our Services, including (but not limited to) how these Services can be copied or used. By accessing, registering for or using the Services, you agree to be bound by the following rules:

a. DIVERGE Philosophy

1. This is a platform meant to change the culture of social media from something feeding off of you, to something that feeds and builds wealth in communities traditionally thought of last.  The only way we can do that is by establishing deep trust with our organizational and individual members.  That means, you cannot use this site to lie, cheat, steal from, mislead, or extract from people.  We will operate in the same way.  

2. There will be self-policing on this site.  It will be your ratings, comments, and reports that will alert our interaction with an organization on our site.  So, if you see someone is saying something that they are not doing - especially if it is an organization or business, then let us know.  We will first talk to them and try to figure out the issue and help them through it.  If they are not willing or able to address it moving forward, we will regretfully show them the door... for now.  

3. Same will work for people using the site.  Polls, marketplace, events, calendar etc. are all meant to connect people online to bring them together meaningfully off-line.  That means, to the best of your ability, when you connect with people - do what you say you will do, or please communicate with them when you cannot.  

4. We begin with trust. It is something to be earned in terms of influence.  At its most basic level it is only something which can be lost.

5. The Golden Rule.

 

 

b. DIVERGE Code of Conduct

1. In order to build our community and membership, DIVERGE gives users a virtual platform where they can interact and communicate with one another about common connections, important issues, tools, and services. “User Posts” refer to all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials—whether publicly posted or privately transmitted on the DIVERGE Services.

2. If you choose to post User Posts on the DIVERGE Services, we expect you to adhere to generally accepted rules of etiquette and standards of behavior. Your use of our Services reflects your respect for rights of users connected with DIVERGE. By using the Services and submitting User Posts, you understand that the User Posts are subject to the DIVERGE Privacy Policy.

3. By using DIVERGE and participating in the DIVERGE Services, you agree that your User Posts will not contain anything that is or could appear to be:

  • Threatening, bullying, harmful, stalking another user, harassing, hateful;
  • Racially, ethnically, or otherwise objectionable;
  • Offensive language;
  • Untrue, misleading, libelous, invasive to another person’s privacy or protected data;
  • Pornographic, sexually explicit, unlawful or plagiarized;
  • Infringing or allegedly infringing on a third party’s intellectual property rights, including patent, trade secret, copyright, trademark, right of publicity or other proprietary rights;
  • Anything that you do not have the legal right to transfer;
  • Anything that you are legally bound not to disclose under contractual or fiduciary relationships including, but not limited to, inside information or proprietary and confidential business information;
  • Unsolicited, undisclosed, or unauthorized advertising;
  • Software viruses or any other malicious computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunication equipment;
  • Data or information obtained by the unauthorized access of another’s computer or account with which such a posting or submission would constitute unauthorized use;
  • In the case of reporting on an elected official, judge, business, or other organization, we require that you share true and authentic information.  However, we require you do so respectfully and without slander, bashing, or attempts to mislead information seekers. Please post content to inform people in our community what they need to know to make informed decisions.  Anything beyond this "scope of information" sharing we reserve the right to remove based on management views.  And in the case of repeated abuse or going too far, we reserve the right to suspend or remove your account; and
  • Any other post or submission that violates applicable local, state, national or international law, regulation or statute (including export laws).

4. DIVERGE takes conduct and use violations very seriously. If you use the Services in a prohibited way listed above, or if you use the Services in a way that DIVERGE deems to be unacceptable, it may result in account suspension or cancellation and the possibility that DIVERGE will pursue civil remedies without providing advance notice.

c. Responsibility for User Posts

Any User Posts that are either posted publicly or privately on the DIVERGE Services is the sole responsibility of the user who posted it. While we work hard with our trusted community to avoid, flag, and remove any content which may hurt, your access to the DIVERGE Services and User Posts is AT YOUR OWN RISK. DIVERGE cannot be held responsible for any damage resulting from errors or omission in User Posts or User Data or any damage that is suffered as a result.

d. User Post Content Disclaimer

1. DIVERGE may contain User Posts or links to content that direct you to websites you find inappropriate or offensive. DIVERGE has no way to control nor does it have a duty to take any action with regard to how you interpret or use content on DIVERGE Services. You are solely responsible for how you view and interpret User Posts on the DIVERGE Services.

 

2. However, DIVERGE (DivergeCentral) does utilize an extra level of profile development security by requiring mounting levels of identification for all accounts created and opened in the first year.

e. User Identity Disclaimer

While DIVERGE is a closed environment, DIVERGE cannot guarantee the identity of any users with whom you interact on our Services. DIVERGE also cannot guarantee which users gain access to the Services. Your use of the DIVERGE service is AS IS and AT YOUR OWN RISK.

3. AGE REQUIREMENT

Our Services require that all users are old enough to form a binding, legal contract with DIVERGE (usually, this age is 18 years old). If you are younger than the age to form a valid, legal contract with us, you must get your parent or guardian’s permission to use our Services. It is very important that you read these Terms of Service and Privacy Policy with your parent or guardian to understand the rules of conduct that correspond with the DIVERGE Services. DIVERGE does not permit any user under the age of 13 to create an account.

4. PRIVACY POLICY

In addition to the terms and conditions on this page, we have also incorporated a Privacy Policy to this Agreement. Our Privacy Policy lists general information practices. Our Privacy Policy can be found by clicking here. (Create a hyperlink)

5. COMPLIANCE AND DISCLOSURE

DIVERGE reserves the right to contact you in connection with our or your compliance with, and the performance of, these Terms or any activities related to our Services.

By accessing our websites and using our Services, you acknowledge and agree that DIVERGE may keep record of activities or content in connection with the Services. DIVERGE may also disclose these activities or content in connection with the Services if required to do so by the law or in the good faith belief that this action is reasonable and necessary to: Comply with the law or legal process; Enforce these Terms of Service; Respond to claims that the activities in connection with the Services that violate the rights of third parties; or to protect the rights, property, or personal safety of DIVERGE, Service users, or the public.

6. NO LIABILITY FOR THIRD PARTY WEBSITES OR SERVICES

These Terms of Service and corresponding Privacy Policy apply to all Services and extend to all of our users. Our Services may contain links to third party websites and services that are not owned or controlled by DIVERGE. However, we cannot control, and be held responsible for, the content, privacy policies, or practices of any third-party websites or services. By using the DIVERGE website and Services, you specifically release DIVERGE from any and all liability arising from your use of any third-party website, third-party services, or interaction with any third party.

7. MODIFICATION OF TERMS

DIVERGE reserves the right to update or modify this Terms of Service and corresponding Privacy Policy at any time. All updates to these documents will be effective from the day they are posted online. The updates and modifications will be linked to our Services behind the links labeled “Terms of Service” and “Privacy Policy.” If we make any material changes in the way that we collect, store, or use data, we will notify users of these changes. Please be sure to regularly visit and review this Agreement and the Privacy Policy. If you do not agree to modifications to our Terms of Service and Privacy Policy, simply stop using our Services. Your continued use of our Services after we have posted the revised Terms of Service or Privacy Policy signifies to us that you acknowledge and agree to be bound by these revised Terms of Service.  

8. MONITORING USER POSTS

DIVERGE expressly disclaims any and all liability in connection with User Posts.

BY USING OUR SERVICES, YOU UNDERSTAND AND AGREE THAT DIVERGE RESERVES THE RIGHT, BUT DOES NOT ASSUME RESPONSIBILITY, TO MONITOR USER POSTS ON OUR SERVICES.

While we work hard with our trusted community to avoid, flag, and remove any content which may hurt, ALL CONTENT ON THIS WEBSITE IS PRESENTED TO YOU “AS IS” AND “AT YOUR OWN RISK.”

DIVERGE reserves the right to modify or remove User Posts in its sole discretion and without prior notice. DIVERGE also reserves the right to terminate a user’s account and access to Services at any time in its sole discretion and without prior notice.

8.1 Copy Restrictions

DIVERGE respects the intellectual property rights of others and expects you to do the same. To the extent permitted by applicable law, you are NOT ALLOWED to:

  • decompile, disassemble, or electronically transfer our Services to third parties;
  • modify our Services in any way;
  • reverse engineer, or permit others to reverse engineer, our Services;
  • copy the user manuals, help features, user forums and other documentation associated with our Services;
  • rent, lend, publicly perform, present, broadcast or distribute our Services;
  • make derivative works of our Services;
  • translate our Services into another computer language;
  • use our Services on a device that you do not own or control; and/or
  • copy, modify, transfer, or use our Services in a way that is not specifically mentioned by us in this Terms of Service.

8.2 Harmful or Illegal Use

By using the Services, you agree to respect DIVERGE and fellow Service users. To the extent permitted by applicable law, you are NOT ALLOWED to:

  • use our network to send unsolicited bulk electronic mail messages (“Spam”);
  • use “warez,” including pirated software, ROMs, emulators, phreaking, hacking, phishing, password cracking or cheating, IP spoofing, etc.;
  • use or launch any automated system on our network, including (without limitation) “robots” or “spiders.”
  • use BitTorrents or related technology on our servers;
  • use a false email return address to confuse other users;
  • attempt to access other networks or accounts that do not belong to you on our network;
  • undergo any act that interferes with the Services of another user or network;
  • circumvent security measures on the network or our Services;
  • engage in illegal activities or engage in activities harmful to the operations of DIVERGE, our Services or other customers and users;
  • use the network or Services to collect or use any personally identifiable information (“PII”) including, without limitation, account names, email addresses, User Posts or other User Data;
  • engage in terroristic activities;
  • send or store infringing, obscene, libelous, or otherwise unlawful or tortious material, including material that is harmful to children or that violates any third party IP or privacy rights; and/or
  • Provide false data on any of the Services.

9. INTELLECTUAL PROPERTY RIGHTS

9.1 The content provided in the Services, except all User Posts, is owned by or is licensed to DIVERGE. This includes, but is not limited to the text, graphics, photos and interactive features created by and for DIVERGE (collectively, “DIVERGE Content”). This also includes trademarks, service marks, and logos contained in our Services (“DIVERGE Marks”), subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions. By registering for our Services, you are not granted a right or license to the DIVERGE Content or Marks.

9.2 The DIVERGE Content and Marks displayed on our Services are provided to you AS IS, for your information, and personal use only. DIVERGE Content must not be used, manipulated, copied, reproduced, transmitted, distributed, broadcast, displayed, sold, licensed or otherwise exploited for any purpose without our consent. This includes any use, copying, or distribution of DIVERGE Content obtained through the Services for any commercial purpose.

10. COPYRIGHT INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, you should contact us and be prepared to provide the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the copyright owner or other intellectual property interest;
  • A description of the copyrighted work or other intellectual property that you claim has been infringed;
  • A description of where the allegedly infringing material is located on the DIVERGE Services, with enough detail that we are able to find it on the Services;
  • Your Address, Telephone Number, and Email Address where you may be reached;
  • A statement by you that you have a good faith belief that the use of the material is not authorized by copyright or intellectual property owner, it’s agent, or the law; and
  • A statement made by you, under the penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or that you are authorized to act on their behalf.

11. USER DATA AND ACCOUNTS

11.1 User Data

DIVERGE does not own any data, information, or material that you submit to the Services (“User Data”). You, not DIVERGE, are fully responsible for the quality, integrity, legality, accuracy, intellectual property ownership, reliability, appropriateness, or the right to use all of the User Data. DIVERGE cannot be held responsible for the deletion, correction, destruction, damage, loss or failure to store any User Data.

11.2 User Accounts

When you sign up for a User Account with DIVERGE, you must provide current and complete information about yourself in all required fields of our registration form.

If your information changes, you should update your account to reflect these changes. If DIVERGE feels that your account information is not complete, current, or accurate, or that your account violates these Terms of Service, DIVERGE will attempt to contact you for any corrections or updates that are necessary. We ask that you promptly respond to that attempt to avoid cancellation of your account.

12. CANCELLATION OF USE

By using our Website, you understand and agree that violation of this User Agreement may result in suspension, blocking, or termination of your access to the Website.

In the event cancellation occurs, DIVERGE retains the right to utilize the electronic or printed materials it has created, or developed specific plans to create, that contain such User Posts (as specified in our “USE OF SERVICES” section of these Terms of Use.

If DIVERGE suspends or cancels your account, your right to use the Services will stop immediately. Once your account is cancelled and deleted, you will not have access to any User Data that you contributed on our Services.

13. REPRESENTATIONS AND WARRANTIES

13.1 DIVERGE’s REPRESENTATIONS AND WARRANTIES

DIVERGE represents and warrants that in performing the Services provided in this Agreement that:

  • It has the authority and is legally able to form a binding contract with you;
  • It will, at a minimum, conform to generally accepted industry standards and practices;
  • It will be qualified by education and experience to perform the duties required in this Agreement; and
  • It is sufficiently staffed and equipped to fulfill its obligations under this Agreement.

13.2 YOUR REPRESENTATIONS AND WARRANTIES

By registering for and using our Services:

  • You represent and you warrant that you are legally able to form a binding contract with DIVERGE, and you are not barred from receiving Services under the laws of the United States or other jurisdictions.
  • You agree to provide current and accurate identification, contact, and other information as part of the registration process for access to our Services.
  • You agree to be solely responsible for all content on your account. Your account, including your username and password, are personal to you and should not be used by any other user or legal entity.
  • You agree to be solely responsible for maintaining the confidentiality of your account information, and you are responsible for all activities that occur under your account.
  • You agree to immediately notify DIVERGE of any unauthorized use of your account or any other breach of security.

14. INDEMNIFICATION

By accessing, registering for, using, or downloading our Services ,you agree to indemnify, defend and hold harmless DIVERGE, its officers, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to:

14.1 Any claim due to or arising out of your violation of the Terms of Service, including but not limited to a claim arising out of a breach of your representations or warranties made under these Terms of Service;

14.2 Your use of and/or access (or any use or access by a third party on your account) to the websites or Services; and/or

14.3 Your violation of any third party right, including without limitation, any copyright, property, moral or privacy right.

15. LIMITATION OF LIABILITY

You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with our Services is to request that your user profile be deleted and to stop using the Services.

16. INTERNET DELAYS

THE DIVERGE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS THAT ARE ASSOCIATED WITH THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. DIVERGE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM THESE PROBLEMS.

17. WARRANTY DISCLAIMER

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIVERGE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. DIVERGE DOES NOT WARRANT THAT ITS SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SERVICES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA. YOU AGREE THAT YOUR USE OF DIVERGE SERVICES IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A DIVERGE AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.

IF IT IS AN ISSUE WITH OUR SERVERS... DIVERGE WILL MAKE EVERY ATTEMPT TO RESTORE IMMEDIATELY, AND IF IN THE VERY SLIGHT POSSIBILITY THAT WE CANNOT, WE WILL MAKE IT RIGHT FOR OUR MEMBERS.

18. EXCLUSIONS AND LIMITATIONS

18.1 Some states and/or jurisdictions do not allow the exclusion of implied warranties or for liability limitations to be placed on certain types of damages (including incidental or consequential damages).

18.2 Nothing in this Agreement is intended to exclude or limit any condition, warranty, right or liability that may not be lawfully excluded or limited.

19. NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this Terms of Service, there will not be third party beneficiaries to the Terms of Service

20. NO AGENCY

You acknowledge and agree that no joint venture, partnership, employment or agency relationship is intended or created between you and DIVERGE by this Agreement.

21. NOTICE

You agree that DIVERGE may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on DIVERGE Services.

22. MISCELLANEOUS

22.1 Entire Agreement

The Terms of Service and Privacy Policy (including any policies, guidelines or amendments that may be presented to your from time to time) constitute the entire agreement between you and DIVERGE and govern your use of the Services, superseding any prior agreements between you and DIVERGE for the use of the Services. You also may be subject to additional terms and conditions, rules, regulations, and applicable law that may apply when you use or purchase certain other Updates. The provisions limiting DIVERGE’s liability will survive the expiration or termination of this Agreement.

22.2 Choice of Law and Forum

The Terms of Service and the relationship between you and DIVERGE are governed by the state of Colorado. You and DIVERGE agree to submit to the personal and exclusive jurisdiction of the courts located within Denver County, Colorado.

22.3 Location and Data Transfers

Our Services and the servers that make the DIVERGE website available may not be located in the country where you live and are governed by U.S. Law. By using the DIVERGE services, you agree to the transfer, collection, processing and use of data by DIVERGE.

22.4 Assignment

DIVERGE may assign or transfer (whether by merger, reorganization, consolidation, Intellectual Property or otherwise) this Agreement or any obligation incurred under this Agreement. DIVERGE may assign this Agreement without your consent to a subsidiary or affiliated company that currently exists or that may be created in the future. This Agreement will be binding upon and inure to the benefit of the parties and their respective successors.

22.5 Waiver and Severability of Terms

If any provision of this Agreement is illegal or unenforceable, that provision is severed from this Agreement and the other provisions remain in force. If DIVERGE does not enforce any right or provision in this Agreement, it does not create a waiver of these rights of provisions unless they are acknowledged or agreed by DIVERGE in writing.

22.6 Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of DIVERGE Services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

23. QUESTIONS OR ADDITONAL INFORMATION

If you have any questions regarding DIVERGE, this Agreement, our Privacy Policy, or any other additional information, please email us at: info@divergecentral.com.

To evidence your agreement to these Terms of Service, you will click “I Accept” at the bottom of this page.