Terms of Use

Last Updated: December 22, 2022

Welcome to Professional Diversity Network, where there is no charge for a job-seeker to use or obtain a job through our properties.

This site is owned by Professional Diversity Network, Inc. (NASDAQ: IPDN). This Agreement contains the terms, covenants, conditions and provisions (“Terms and Conditions”) upon which you (the “User”) may access and use this site and our services. These Terms and Conditions apply to this site and all other properties owned and operated by Professional Diversity Network, Inc., and include the following:

Class Action Waiver

Please note that your use of any of these properties is voluntary, and that by using them you agree that any dispute related to your use of these properties or our services is subject to mandatory arbitration, as set forth in the arbitration policy below. You further agree that you waive all rights to a class action format for your use of these properties or any of our services. If you do not agree with these terms and conditions, you are not granted permission by Professional Diversity Network to access or otherwise use this site. Accordingly, please exit this site if you disagree with these terms.

By accessing, viewing or using this Site, you indicate that you understand and intend these Terms and Conditions to be the legal equivalent of a signed, written contract and equally binding, and that you accept such Terms and Conditions and agree to be legally bound by them. You represent and warrant that you are of sufficient legal age to use this Site, or agree to supervise minors who use this Site, and that you will be bound to any legal obligations you may incur as a result of using this Site. Please note that Professional Diversity Network reserves the right to change the Terms and Conditions under which this Site and its many offerings are extended to you. Your continued use of this Site following such modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions.

Grant of License

This Agreement provides you with a personal, revocable, nonexclusive, nontransferable license to use this Site conditioned on your continued compliance with the Terms and Conditions of this Agreement. You are authorized to view and access a single copy of the content available on or from ProDivNet.com solely for your personal, noncommercial use. You may print and download materials and information on this Site solely for personal and noncommercial use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. Notwithstanding the foregoing and except as otherwise expressly permitted herein, you may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, or otherwise use any information or material obtained from or through this Site. As a further condition of use of this Site, you warrant to Professional Diversity Network that you will not use this Site for any purpose that is unlawful or prohibited by these Terms and Conditions.

Intellectual Property Rights

All material contained on this Site, unless otherwise indicated, is protected by law including, but not limited to, United States copyright, trade secret, and trademark law, as well as other state, national and international laws and regulations. Except as provided herein, Professional Diversity Network does not grant any express or implied rights to you. Please be aware that Professional Diversity Network actively and aggressively enforces its intellectual property rights to the fullest extent of the law. The contents of this Site are Copyright 2016 Professional Diversity Network All rights reserved. Professional Diversity Network also owns a copyright in this Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of this Site's content. Professional Diversity Network is the owner of the ProDivNet.com service mark. The ProDivNet.com name, and all other names, logos, and icons identifying Professional Diversity Network’s products and services are the proprietary marks of Professional Diversity Network. Other product and company names mentioned herein are the trademarks of their respective owners.

Acceptable Site Use

Users are prohibited from violating or attempting to violate the security of this Site, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this Site, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Users are prohibited from using any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this site. Users are prohibited from using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any Professional Diversity Network Site other than the search engine and search agents available on this Site and other than generally available third party web browsers (e.g., Firefox, Microsoft Internet Explorer, Google Chrome, Bing, Safari).

REPEAT INFRINGER POLICY

We will terminate access to our website to repeat copyright infringers.

As set forth here, you may not post any content (a song, a story, an article, a drawing, a photograph, etc.) owned by someone else in a manner that violates another’s copyright. When you do so, the copyright owner(s) of that content may notify us that you don’t have their permission to post their content on the site, and have violated their copyright. If we get repeated notices that you have posted others’ copyrighted content on our site without permission, we may terminate your access to our site.

We have a system for keeping track of repeat violators of copyright, and determining when to terminate your access to our website:

Generally, when content is removed that you posted because the copyright owner of that content sent us a complete legal request to do so, we will have a record of that request.

If we receive repeated requests to take down content that you have posted on our site due to an alleged copyright violation, your access to our site will be terminated. However, if you submit a counter-notification in response to the copyright owner’s notice within two weeks after receiving a Notice of Infringement or that counter-notice is not answered by the copyright owner or the copyright owner retracts his or her notice [or if the dispute leads to legal proceedings that result in a court finding that you have not infringed the owner’s copyright], we will not take any action against you for violation of copyright or rescind any action that we have taken unless and until the content is found to be infringing.

Privacy Policy

Professional Diversity Network considers your personal data to be private and operates this Site by keeping any collected information confidential. Please see Professional Diversity Network’s Privacy Policy, which is replicated on each of its properties, for a summary of Professional Diversity Network's personal data collection and use practices. Please note that when we you provide your contact information, you expressly agree that we may use it to contact you using automated means, including by auto-dialed or pre-recorded telephone calls to both cell phones and landlines, as well as SMS or ‘text” messages to cell phones. By using this Site, you consent to Professional Diversity Network's collection and use of personal data as outlined therein.

Password Policy

Your use of certain portions of this Site requires a password. Anyone with knowledge of your password can gain access to the restricted portions of this Site and the information available to you. Accordingly, you must keep your Password secret. By agreeing to these Terms and Conditions, you agree to be solely responsible for the confidentiality and use of your respective Password, as well as for any communications entered through this Site using your Password. You will also immediately notify Professional Diversity Network if you become aware of any loss or theft of your Password or any unauthorized use of your Password. Professional Diversity Network reserves the right to delete or change a Password at any time and for any reason.

Assumption of Risk

You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While Professional Diversity Network has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, Professional Diversity Network and its affiliates are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on this Site, or for the consequences of any reliance on such information. You assume the sole and complete risk for using this Site.

Enforcing Security

Actual or attempted unauthorized use of this Site may result in criminal and/or civil prosecution. For your protection, Professional Diversity Network reserves the right to view, monitor, and record activity on this Site without notice to or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on this Site. Professional Diversity Network will also comply with all court orders involving requests for such information.

Interaction with Third Parties

Professional Diversity Network may post third party generated material on this Site, including, but not limited to, promotions of advertisers, members, or sponsors displaying their goods and services on this Site. Your interactions, purchases, participation in, or any other dealings with third parties found on this Site are solely between you and any such parties. You agree that Professional Diversity Network shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on this Site. Moreover, Professional Diversity Network shall not be responsible or liable for the accuracy, quality, suitability, currency or content of the statements or conduct of any third party on this Site. You shall not knowingly or intentionally interfere with the display of any advertisement.

Links to Other Sites

Professional Diversity Network may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating related information and services. These sites have not necessarily been reviewed by Professional Diversity Network and are maintained by third parties over which Professional Diversity Network exercises no control. Accordingly, Professional Diversity Network expressly disclaims any responsibility for the content, the accuracy or currency of the information, and/or quality of products or services provided by or advertised on these third party websites. Moreover, these links do not imply an endorsement of any third party or any website or the products or services provided by any third party.

Events Beyond the Control of Professional Diversity Network

You expressly absolve and release Professional Diversity Network from any claim of harm resulting from a cause beyond Professional Diversity Network's control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, acts of terror or governmental restrictions.

Disclaimers

While Professional Diversity Network endeavors to provide the most accurate, up-to-date materials available, the information, materials, products, and services available on this site may include inaccuracies or typographical errors that may affect the quality of the information, products or third-party content contained on this site. Moreover, Professional Diversity Network may make modifications and/or changes to this site or to the information, materials, products, and services described in this site at any time, for any reason.

You assume the sole risk of making use and/or relying on the information, materials, products, and services available on this site, including but not limited to third-party content, materials, products, and services linked to, downloaded from, distributed through or accessed from this website. Professional Diversity Network makes no representations about the suitability, quality, completeness, timeliness, currency, reliability, legality in your jurisdiction, or accuracy of the information, materials, products, and services described or contained on this site, including but not limited to third-party content, materials, products, and services linked to, downloaded from, distributed through or accessed from this website for any purpose. All such information, materials, products, and services are provided "as is" without warranty of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

In no event shall Professional Diversity Network be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of this site or with the delay or inability to use this site, or for any information, materials, products, and services offered or provided through this site, or otherwise arising out of the utilization of this site, whether based in contract, tort, strict liability, or otherwise, even if Professional Diversity Network has been advised of the possibility of damages. Where particular states’ or jurisdictions' laws do not allow the exclusion or limitation of liability for consequential or incidental damages, the total liability for Professional Diversity Network for any reason whatsoever related to use of this site shall not exceed the amount of $100 us dollars.

Submissions

Professional Diversity Network also welcomes your feedback and suggestions about how to improve this Site. Any such ideas, suggestions, information, know-how, material, or similar content (collectively, "content") received through this Site, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Professional Diversity Network to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, (in whole or part) worldwide, or act on such content without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. You hereby waive any claim to the contrary.

Indemnity

You agree to defend, indemnify, and hold harmless Professional Diversity Network and its parents and affiliates and all of their employees, agents, directors, officers, members, managers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from your use of this Site or any breach by you of this Agreement.

Governing Law

This Agreement has been made in and will be construed and enforced in accordance with Illinois law, as applied to agreements entered into and completely performed in Illinois. Any action to enforce this Agreement will be brought in the federal or state courts residing in Cook County, Illinois, U.S., and all parties to this Agreement expressly agree to be subject to the jurisdiction of such courts. This Site is controlled and operated by Professional Diversity Network from its offices within the United States. Professional Diversity Network makes no representation that materials on this Site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Site are illegal is prohibited. If you choose to access this Site from other locations, you do so on your own volition and are responsible for compliance with any applicable local laws.

Arbitration

Any civil action, claim, dispute or proceeding arising out of or relating to this Site, your use of this Site, or this Site’s Privacy Policy shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Cook County, Illinois. As such, you do not have the opportunity to go to court to assert of defend your rights and you expressly give up your right to participate in or bring class actions. By using any website of Professional Diversity Network you consent to these restrictions. You and Professional Diversity Network shall select the arbitrator, and if you and Professional Diversity Network are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator. Arbitration shall not commence until the party requesting it has deposited the necessary and required deposit with the office of the arbitrator for the arbitrator's fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator's fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs. Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and Professional Diversity Network and your and Professional Diversity Network's respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or Professional Diversity Network be entitled to punitive, special, indirect or consequential damages and both you and Professional Diversity Network hereby waive your and Professional Diversity Network's respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue, value or business. Should a dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Professional Diversity Network, jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Cook County, Illinois.

Term and Termination

This Agreement will take effect at the time you begin using this Site (thereby indicating acceptance of these Terms and Conditions). Professional Diversity Network reserves the right at any time and for any reason to deny you access to this Site or any portion thereof, and to terminate this Agreement. Termination will be effective without notice.

Waiver. Failure to insist on strict performance of any of the Terms and Conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by Professional Diversity Network of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

Severability

If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers, arbitration venue and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.

Visitor / Professional Diversity Network

No joint venture, partnership, employment, or agency relationship exists between you and Professional Diversity Network as a result of this Agreement or your utilization of this Site.

Entire Agreement/Reservation of Rights

These Terms and Conditions and Professional Diversity Network's Privacy Policy, which are hereby incorporated as if set forth fully in these Terms and Conditions, represents the entire agreement between you and Professional Diversity Network with respect to your use of any material available on or through this Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Professional Diversity Network with respect to this Site. Any rights not expressly granted herein are reserved.

Notification of Claimed Infringement

Pursuant to the Digital Millennium Copyright Act, written notification of claims of infringement may be submitted to the following designated agent:

Eric Wachspress
Attorney-at-Law
417 S. Jefferson St., #304
Chicago, Illinois 60607 USA
Telephone: 773.934.5855
Facsimile: 312.583.1083
markscounsel@gmail.com