Terms of Service
Welcome! We’re Diaspora Impact, Inc. and we’re so happy to have you as our guest. By accessing the Site (defined below) and/or using any of the Services (also defined below) you’re agreeing to these legally binding rules, aka the “Terms.” You’re also agreeing to our Privacy Policy, which is incorporated into and a part of these Terms.
You acknowledge that these Terms are supported by reasonable and valuable consideration, and you acknowledge the receipt and sufficiency of that consideration.
If you do not accept these Terms, and/or if you are not of legal age to form a binding contract with Diaspora Impact, Inc, you may not use the Site or the Services.
Finally, you should note that we may offer special services or features from time to time that have their own terms and conditions. In those cases, if the terms specific to the special feature or service conflict with these Terms, the terms specific to the special feature or service will control.
With that, let’s get started!
We aim for clarity in these Terms so that they will be easy to follow. These Terms were last updated on 12/24/2024, and will be updated on an ongoing basis, as necessary. We will be sure to let you know when we make material changes with a notification on your next visit to the Site. You agree that we may notify you by posting them on the Site, and that your use of the Site and/or Services after the effective date of the updated Terms will constitute agreement to the updated Terms.
Before we dive in, here are some definitions that we will use throughout this document:
You acknowledge that these Terms are supported by reasonable and valuable consideration, and you acknowledge the receipt and sufficiency of that consideration.
If you do not accept these Terms, and/or if you are not of legal age to form a binding contract with Diaspora Impact, Inc, you may not use the Site or the Services.
Finally, you should note that we may offer special services or features from time to time that have their own terms and conditions. In those cases, if the terms specific to the special feature or service conflict with these Terms, the terms specific to the special feature or service will control.
With that, let’s get started!
We aim for clarity in these Terms so that they will be easy to follow. These Terms were last updated on 12/24/2024, and will be updated on an ongoing basis, as necessary. We will be sure to let you know when we make material changes with a notification on your next visit to the Site. You agree that we may notify you by posting them on the Site, and that your use of the Site and/or Services after the effective date of the updated Terms will constitute agreement to the updated Terms.
Before we dive in, here are some definitions that we will use throughout this document:
| Term | Definition |
|---|---|
|
We, Us, Our |
The nonprofit entity Diaspora Impact, Inc. |
|
the Site |
www.diasporaimpact.org (including mobile app when available) |
|
the Services |
The services offered through the Site |
|
Diaspora Impact, Inc |
To clarify: when we are talking about the nonprofit entity called Diaspora Impact, Inc., we say “we,” “us,” “our,” or just “Diaspora Impact, Inc.” However, when we are discussing our website (www.diasporaimpact.org) or one of our mobile apps, we say the “Site” |
|
Support |
To Donate (to Diaspora Impact, Inc.), usually by making a gift in support of a Nonprofit |
|
Follow |
A connection you can make with a with a nonprofit, cause, or other Person on the Site |
|
Nonprofit |
The catch-all term we use for the various forms of charitable entities such as and other Donation-recipients listed on our Site |
|
International Nonprofit |
A Nonprofit that typically has not received a determination of its charitable status from the Internal Revenue Service (“IRS”), and is based outside the US. |
|
People/Person |
Anyone that uses the Site |
|
Giver/Supporter |
Anyone who uses the Site to Donate |
|
Cause |
This is how we categorize nonprofits focusing on different issue areas, such as “Education” |
|
Terms |
This binding agreement, the Diaspora Impact, Inc. Terms of Use |
|
UGC |
User-Generated Content, any content created by you that you publicly post on the Site, including, for example, comments. |
|
Donate |
To send money to Diaspora Impact, Inc. through the Site |
|
Donation |
The actual money Donated |
|
Join |
Feature to signal that your donation was motivated by another donation |
|
One-Time Donation |
A Donation that occurs only once (obviously) |
|
Recurring Donation |
A donation you set up to repeat on a regular basis |
|
Distribution |
Payments made from Diaspora Impact, Inc. to a Nonprofit, either through a third-party nonprofit partner or directly, as a result of Donations. |
|
Direct Distribution |
Distributions made directly from Diaspora Impact, Inc. to a Nonprofit, without the use of a third-party nonprofit partner. |
These Terms govern your use of the Site, which as you can see above, means both our website and all of our mobile apps (real or imagined). If you do not agree to be bound by these Terms, you may not use or access the Site or Services.
The Basics for Givers
Diaspora Impact, Inc is a service designed to make supporting your favorite causes as easy as possible, and to facilitate a community built on giving. Our Site is meant solely for personal, non-commercial use.
To make full use of the Site, you must create an account. For more information about the account-creation process, including what information we collect and how we use it, please consult our Privacy Policy.
Donations
We have selected a wide variety of nonprofits to make it easy for generous souls like you to support your favorite causes. Using the Site, you can make gifts of support to all (or nearly all) of the nonprofits listed.
When you make a gift of support to a Nonprofit through the Site, your Donation goes directly to Diaspora Impact, Inc first, which has exclusive legal control over the Donation, and we issue you a receipt for your charitable contribution as a US 501(c)(3) nonprofit. At the time you make a Donation to Diaspora Impact, Inc., you also tell us which Nonprofit want to support with that Donation. On a regular basis, Diaspora Impact, Inc approves your recommendation and disburses funds collected through Donations to recipient Nonprofits directly. We strive to ensure that your Donation goes to the Nonprofit you preferred for your gift of support. This process ensures your eligibility for a tax deduction and consolidated records of your giving and reduces the administrative burden of the Nonprofits to process multiple small donations from hundreds of donors.
If circumstances make Giver to that particular Nonprofit impossible, we will attempt to contact you first for additional preferences on where you would like your Donation to go. If we do not receive your preferences before we must disburse the funds, then we may, at our sole discretion, select an alternate Nonprofit to receive the Donation. We will do our best to direct your Donation to a Nonprofit in a similar space and/or with similar goals. Except in cases of fraud, we do not issue refunds.
When you donate through the site, you can do so by making either a recurring donation or a one-time donation. You must provide a valid payment method to donate using the site. By providing your payment provider information, you agree that Diaspora Impact, Inc. (through its third-party payment service providers) is authorized to charge your payment provider for the full amount of any donations you agree to make using the Site, and no additional notice or consent is required for such charges. You agree to notify us of any changes to your billing address or payment account information used for payment hereunder.
If you would like to cancel a Recurring Donation, you may do so at any time by updating your settings on the Site. If the details of your Recurring Donation change, for example, if we remove a nonprofit from our system, we will notify you and obtain your instructions before charging your next Recurring Donation payment.
The Basics for Nonprofits
Diaspora Impact, Inc. is not just a service for Diaspora Givers. It is designed to make receiving support as easy as possible for Nonprofits and to give Diaspora givers a community in which to promote the Nonprofits they care about.
To receive Disbursements from us via the Site, you will need to meet the following minimum requirements:
To receive Disbursements from us via the Site, you will need to meet the following minimum requirements:
- Your organization is recognized by the IRS as exempt from federal income tax pursuant to Internal Revenue Code Section 501(c)(3) and holds public charity status under Section 509(a)(1) or (2), with such recognition currently not revoked.
- If your organization does not meet that requirement and instead qualifies as an International Nonprofit, you must submit all documentation requested by Diaspora Impact, Inc. or one of our processing partners. We need to verify that your organization is engaged in charitable activities and/or is equivalent to a US 501(c)(3) public charity.
Disbursements & Payment Processing
Diaspora Impact, Inc. regularly approves Giver recommendations to support nonprofits and disburses funds collected through donations to recipient nonprofits (either directly or via a third-party nonprofit partner). All donations are contributions to Diaspora Impact, Inc., not to your organization, so you do not need to issue a receipt to any giver. We also do not require a receipt, so please do not provide one.
We work with payment processing partners to collect donations and make disbursements. Depending on the payment method selected by the donor, the fees charged by these partners may reduce the total amount your organization receives from donations. Your organization must provide accurate information to these partners to receive disbursements and should update this information as needed.
For more information about timing and fees, please consult our Disbursements page.
If we have chosen to disburse to your organization through a third-party nonprofit partner, you must enroll in the partner’s program and agree to any of its terms or requirements. The fees of such a partner may reduce the amount your organization receives from Donations.
In exchange for Disbursements, you agree and commit to that:
We work with payment processing partners to collect donations and make disbursements. Depending on the payment method selected by the donor, the fees charged by these partners may reduce the total amount your organization receives from donations. Your organization must provide accurate information to these partners to receive disbursements and should update this information as needed.
For more information about timing and fees, please consult our Disbursements page.
If we have chosen to disburse to your organization through a third-party nonprofit partner, you must enroll in the partner’s program and agree to any of its terms or requirements. The fees of such a partner may reduce the amount your organization receives from Donations.
In exchange for Disbursements, you agree and commit to that:
- You consent to the use of your name and certain limited, publicly available information about your organization on the Site and permit us to fundraise and collect donations on your behalf. You acknowledge that it is not guaranteed that any Giver will request a Donation to your organization and that we have no obligation to list you or to fundraise and collect donations for you at any time.
- You will use all Disbursements either (a) for your organization’s charitable purposes or (b) for any specific charitable purpose you have proposed to us and that we have approved prior to collecting any Donations for those purposes.
- You will not use any Disbursement to conduct non-charitable activities, including illegal activities, impermissible political activities, or to provide an impermissible private benefit to any individual or entity.
- You will comply with all applicable state and local statutes governing the solicitation of charitable donations, including, but not limited to, fulfilling any registration requirements.
- The Giver who recommended their donation to support your organization will not receive any goods or services of value (such as memberships, merchandise, or event tickets) as a result of the donation or disbursement to your organization, except where such goods or services may be disregarded in accordance with IRS guidance.
- You will notify us promptly of any change to your tax-exempt status or ability to carry out the specific charitable purposes for which you have received Disbursements.
If circumstances make it impossible or inappropriate for us to disburse funds to your organization (for example, if your organization ceases operations, loses its tax-exempt status, or fails to comply with these Terms), we may, at our sole discretion, select another nonprofit to receive the donation. Except in cases of fraud, we do not issue refunds to donors. However, if we have made direct disbursements to your organization, we reserve the right to deduct amounts from your future direct disbursements to account for credit card chargebacks and disputed charges related to a donation recommended for your organization. We will strive to contact the donor of any such donation to inform them that a chargeback or disputed charge will require you to refund their disbursement to us. We reserve all rights to collect chargeback and disputed charge amounts from the nonprofit.
Giver Data
When a Giver makes a donation, they can choose to share their information with your organization. If they select this option, Diaspora Impact, Inc. will provide the Giver’s name, contact information, and donation amount. We may include this information in a periodic fundraising report or send it to our disbursement partner for you. You can also request this information by contacting contact@disaporaimpact.org.
or more information about what information we collect and how we use it, please consult our Privacy Policy.
or more information about what information we collect and how we use it, please consult our Privacy Policy.
Intellectual Property Rights Generally
All trademarks, service marks, and trade names on the Site, including the trademark and logo of Diaspora Impact, Inc., are either trademarks or registered trademarks that are proprietary to Diaspora Impact, Inc. or other owners who have granted Diaspora Impact, Inc. permission to use their trademarks.
Diaspora Impact, Inc. holds all rights, title, and interest in the Site, including all text, content, graphics, interfaces, code, materials, the look and feel, selection and arrangement, design, and organization of the Site, as well as the compilation of content, code, data, and materials present on the Site. This encompasses all intellectual property and proprietary rights. The Site, Services, and all content within them are copyrighted and remain the property of Diaspora Impact, Inc. We reserve the right to change the Site or Services or remove content or features from either at any time, in any manner, for any reason or none at all.
You may not copy, download, use, redesign, reconfigure, or retransmit anything from the Site without express prior written consent from Diaspora Impact, Inc., and, if applicable, express prior written consent from the rights holder of the intellectual property (if Diaspora Impact, Inc. does not own the property in question). We reserve all rights not expressly granted to you under these Terms or by law. You may not remove, obscure, or alter any legal notices displayed on or with the Site.
Diaspora Impact, Inc. holds all rights, title, and interest in the Site, including all text, content, graphics, interfaces, code, materials, the look and feel, selection and arrangement, design, and organization of the Site, as well as the compilation of content, code, data, and materials present on the Site. This encompasses all intellectual property and proprietary rights. The Site, Services, and all content within them are copyrighted and remain the property of Diaspora Impact, Inc. We reserve the right to change the Site or Services or remove content or features from either at any time, in any manner, for any reason or none at all.
You may not copy, download, use, redesign, reconfigure, or retransmit anything from the Site without express prior written consent from Diaspora Impact, Inc., and, if applicable, express prior written consent from the rights holder of the intellectual property (if Diaspora Impact, Inc. does not own the property in question). We reserve all rights not expressly granted to you under these Terms or by law. You may not remove, obscure, or alter any legal notices displayed on or with the Site.
User-Generated Content (“UGC”)
You are solely responsible for UGC. We’ve defined the term above, but for clarity, we will repeat it here: UGC refers to any content you create and publicly post on the Site. We function merely as a passive conduit for your online distribution and the publication of your UGC. You acknowledge and agree that Diaspora Impact, Inc. is not involved in the creation or development of UGC, disclaims any responsibility for UGC, and cannot be held liable for claims arising from or related to UGC. Furthermore, you acknowledge and agree that Diaspora Impact, Inc. has no obligation to monitor, review, or remove UGC but reserves the right to limit or remove UGC on the Site at its sole discretion.
You grant Diaspora Impact, Inc. a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise all copyrights, publicity rights, and any other rights you hold in your UGC, in any media currently known or that may be developed in the future, to perform and enhance the services of Diaspora Impact, Inc.
By posting UGC, you warrant and represent that you have the lawful authority to grant the rights set out above.
You grant Diaspora Impact, Inc. a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise all copyrights, publicity rights, and any other rights you hold in your UGC, in any media currently known or that may be developed in the future, to perform and enhance the services of Diaspora Impact, Inc.
By posting UGC, you warrant and represent that you have the lawful authority to grant the rights set out above.
Digital Millennium Copyright Act
Diaspora Impact, Inc. has adopted the following policy regarding copyright infringement in accordance with the Digital Millennium Copyright Act (the DMCA). If you believe any materials provided on or in connection with the Site infringe upon your intellectual property rights, please notify us by providing the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if a single notification covers multiple copyrighted works at a single online site, a representative list of such works;
- Identification of the material alleged to be infringing or involved in infringing activity, which is to be removed or have access disabled, along with information sufficient to enable the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that, under penalty of perjury, the information in the notification is accurate, and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Please send the above information to contact@disaporimpact.org or by mail to us at
DMCA Agent
Diaspora Impact,
Inc 14419 Mayfair Drive, Suite 110
Laurel MD 20707
Inc 14419 Mayfair Drive, Suite 110
Laurel MD 20707
We may notify you if we have removed or disabled access to certain materials through a general notice on the Site, an email to the address we have on file for you, or written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may submit a counter-notification in writing to the designated agent according to the instructions provided in the notice.
License to Use the Site
Subject to your compliance with these Terms, Diaspora Impact, Inc. grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to:
- access and use the Site, and
- access and use any content, information, and related materials that may be made available through the Site, in each case solely for your personal, noncommercial use
Any rights not expressly granted herein are reserved by Diaspora Impact, Inc and its licensors.
Code of Conduct
You agree to:
- comply with all applicable laws and regulations, including, without limitation, privacy laws, intellectual property laws, and regulatory requirements.
You agree that you will not:
- act in an illegal or unprofessional manner, including being dishonest, abusive, insulting, threatening, or discriminatory;
- promote or encourage racism, sexism, homophobia, transphobia, or any other form of hatred or bigotry;
- misrepresent your identity;
- encourage or engage in any illegal activity;
- commit fraud;
- infringe on any third party’s rights (including, without limitation, intellectual property rights and privacy rights); and
- represent yourself as being employed, an agent of, directly engaged by, or affiliated with Diaspora Impact, Inc.
If you need help with another person on the Site or have any concerns about our Code of Conduct, please let us know what happened. We take all allegations of abuse seriously.
Since it is illegal, this should be clear, but just to reiterate: you are not allowed to hack, clone, or tamper with any part of the Site, nor interfere with its operations.
Since it is illegal, this should be clear, but just to reiterate: you are not allowed to hack, clone, or tamper with any part of the Site, nor interfere with its operations.
App Updates and Upgrades
By installing any app related to the Site, you agree to the installation of the app along with any updates or upgrades released by Diaspora Impact, Inc. on your device.
This app (including any updates or upgrades) may (i) cause your device to automatically connect with the servers of Diaspora Impact, Inc. to provide functionality and record usage metrics, (ii) alter app-related preferences or data stored on your device, and (iii) collect personal information as outlined in our Privacy Policy. You can uninstall the app at any time.
This app (including any updates or upgrades) may (i) cause your device to automatically connect with the servers of Diaspora Impact, Inc. to provide functionality and record usage metrics, (ii) alter app-related preferences or data stored on your device, and (iii) collect personal information as outlined in our Privacy Policy. You can uninstall the app at any time.
Disclaimer and Limitation of Liability
The site is provided to you “as is” and “as available” without warranty of any kind, either express or implied, including but not limited to fitness for a particular purpose, title, or non-infringement.
Should applicable law not permit the foregoing exclusion of express or implied warranties, then we grant the minimum express or implied warranty required by applicable law. No advice or information, whether oral or written, shall create any warranty, representation or guarantee not expressly stated in this section.
Additionally, we do not make any warranties that the site will be uninterrupted, secure, or error-free or that your use of the site will meet your expectations, or that the site, or any portion thereof, is correct, accurate, or reliable. Your use of the site is at your own risk. you are solely responsible for your interactions with other people. Diaspora Impact, Inc. is not responsible for the conduct of any user. Diaspora Impact, Inc. does not conduct criminal background checks on its people.
Diaspora Impact, Inc. will not be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit or goodwill, loss of or damage to property and claims of third parties arising out of your access to or use of the site, however caused, whether based on breach of contract, tort (including negligence), proprietary rights infringement, product liability or otherwise.
The foregoing shall apply even if we were advised of the possibility of such damages. If you become dissatisfied in any way with the site, your sole and exclusive remedy is to stop your use of the site.
You hereby waive any and all claims arising out of your use of the site. Because some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, these provisions may not apply to you. If any portion of this limitation on liability is found to be invalid or unenforceable for any reason, then our aggregate liability shall not exceed one hundred dollars ($100).
The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The services would not be provided without such limitations and you agree that the limitations and exclusions of liability, disclaimers and exclusive remedies specified herein will survive even if found to have failed in their essential purpose.
Should applicable law not permit the foregoing exclusion of express or implied warranties, then we grant the minimum express or implied warranty required by applicable law. No advice or information, whether oral or written, shall create any warranty, representation or guarantee not expressly stated in this section.
Additionally, we do not make any warranties that the site will be uninterrupted, secure, or error-free or that your use of the site will meet your expectations, or that the site, or any portion thereof, is correct, accurate, or reliable. Your use of the site is at your own risk. you are solely responsible for your interactions with other people. Diaspora Impact, Inc. is not responsible for the conduct of any user. Diaspora Impact, Inc. does not conduct criminal background checks on its people.
Diaspora Impact, Inc. will not be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit or goodwill, loss of or damage to property and claims of third parties arising out of your access to or use of the site, however caused, whether based on breach of contract, tort (including negligence), proprietary rights infringement, product liability or otherwise.
The foregoing shall apply even if we were advised of the possibility of such damages. If you become dissatisfied in any way with the site, your sole and exclusive remedy is to stop your use of the site.
You hereby waive any and all claims arising out of your use of the site. Because some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, these provisions may not apply to you. If any portion of this limitation on liability is found to be invalid or unenforceable for any reason, then our aggregate liability shall not exceed one hundred dollars ($100).
The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The services would not be provided without such limitations and you agree that the limitations and exclusions of liability, disclaimers and exclusive remedies specified herein will survive even if found to have failed in their essential purpose.
Indemnification
All actions you take and information you post on the Site, and (for Nonprofits) all activities you engage in using Disbursements, remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, along with our partners, licensors, affiliates, contractors, officers, directors, employees, representatives, and agents, harmless from any third-party claims, damages (both actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs, and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising from or in connection with:
- any negligent acts, omissions or willful misconduct by you;
- your access to and use of the Site;
- (for Nonprofits) your receipt of or failure to receive Disbursements via the Site;
- any breach of these Terms or our Privacy Policy by you; and/or
- your violation of any law or of any rights of any third party.
We retain the exclusive right to settle, compromise and pay any claims or causes of action brought against us without your consent. If we ask, you will cooperate fully and reasonably as we require in the defense of any relevant claim.
Dispute Resolution
The following Arbitration Agreement contains procedures for mandatory binding arbitration and a class action waiver.
- Applicability of Arbitration Agreement.
All claims and disputes (except for those seeking injunctive or other equitable relief as outlined below) related to the Terms or the use of any product or service provided by Diaspora Impact, Inc. that cannot be resolved informally or in small claims court shall be resolved through binding arbitration on an individual basis in accordance with this Arbitration Agreement. Unless mutually agreed upon, all arbitration proceedings will take place in English. This Arbitration Agreement applies to you and Diaspora Impact, Inc., as well as any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, including all authorized or unauthorized users or beneficiaries of the services or goods provided under the Terms.
- Notice Requirement and Informal Dispute Resolution.
Before either party seeks arbitration, they must first send a written Notice of Dispute (“Notice”) to the other party. This Notice should describe the nature and basis of the claim or dispute along with the requested relief. A Notice to Diaspora Impact, Inc. should be sent to: 14419 Mayfair Drive Suite 110, Laurel, MD 20707. After receiving the Notice, you and Diaspora Impact, Inc. may attempt to resolve the claim or dispute informally. If you and Diaspora Impact, Inc. do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may initiate arbitration proceedings. The amount of any settlement offer made by either party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
- Arbitration Rules.
Arbitration will be initiated through the American Arbitration Association (“AAA”), a recognized alternative dispute resolution provider (“ADR Provider”) that offers arbitration as detailed in this section. If AAA is unavailable for arbitration, the parties must agree to select a different ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating or demanding arbitration, unless such rules conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) that govern the arbitration are available online at www.adr.org or by calling the AAA at 1-800- 778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes seeking an award of less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the discretion of the party seeking relief. For claims or disputes of Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will take place within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you live outside of the U.S., the arbitrator will provide the parties with reasonable notice of the date, time, and location of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator awards you an amount greater than the last settlement offer made by Diaspora Impact, Inc. prior to the initiation of arbitration, Diaspora Impact, Inc. will pay you the greater of the award or $2,500.00. Each party will bear its own costs (including attorney’s fees) and disbursements arising from the arbitration and will pay an equal share of the fees and costs of the ADR Provider.
- Additional Rules for Non-Appearance Based Arbitration.
If non-appearance-based arbitration is elected, it shall be conducted by telephone, online, or solely based on written submissions; the specific manner shall be chosen by the party initiating the arbitration. Unless otherwise agreed upon by the parties, the arbitration shall not involve any personal appearance by the parties or witnesses.
- Time Limits.
If you or Diaspora Impact, Inc. pursue arbitration, the arbitration action must be initiated or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and any deadline imposed under the AAA Rules for the relevant claim.
- Authority of Arbitrator.
If arbitration is initiated, the arbitrator will determine the rights and liabilities, if any, of you and Diaspora Impact, Inc., and the dispute will not be consolidated with any other matters or combined with any other cases or parties. The arbitrator shall have the authority to grant motions that dispose of all or part of any claim. The arbitrator shall also have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator will issue a written award and a statement of decision detailing the essential findings and conclusions on which the award is based, including the calculation of any awarded damages. The arbitrator possesses the same authority to grant relief on an individual basis that a judge in a court of law would have. The arbitrator’s award is final and binding on you and Diaspora Impact, Inc.
- Waiver of Jury Trial.
The parties hereby waive their constitutional and statutory rights to go to court and have a trial before a judge or jury, instead opting for all claims and disputes to be resolved through arbitration under this Arbitration Agreement. Arbitration procedures are generally more limited, efficient, and less costly than those applicable in court and are subject to very limited review by a court. Should any litigation arise between you and Diaspora Impact, Inc in state or federal court regarding a suit to vacate or enforce an arbitration award or otherwise, you and Diaspora Impact, Inc waive all rights to a jury trial, instead choosing that the dispute be resolved by a judge.
- Waiver of Class or Consolidated Actions.
All claims and disputes covered by this arbitration agreement must be resolved through arbitration or litigation on an individual basis, not as part of a class. Additionally, claims involving more than one customer or user cannot be arbitrated or litigated together or combined with those of any other customer or user.
- Confidentiality.
All aspects of the arbitration proceeding, including but not limited to the arbitrator’s award and compliance therewith, shall be strictly confidential. The parties agree to uphold confidentiality unless required by law. This paragraph does not prevent a party from submitting any information necessary to a court of law to enforce this Agreement, enforce an arbitration award, or seek injunctive or equitable relief.
- Emergency Equitable Relief.
Regardless of what has been stated, either party may seek emergency equitable relief from a state or federal court to maintain the status quo while awaiting arbitration. A request for interim measures will not be considered a waiver of any other rights or obligations under this Arbitration Agreement.
- Claims Not Subject to Arbitration.
Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
Termination and Suspension
We may terminate or limit your right to use the Site or Services if we are investigating or believe that you have breached any provision of these Terms or our Privacy Policy by providing you with written or email notice. Such termination or limitation will be effective immediately upon delivery of such notice.
If we terminate or restrict your right to use the Site or Services, you are forbidden from registering or creating a new account under your name, a false or borrowed name, or the name of any third party, even if you act on behalf of that third party. As a non-profit organization, you are not allowed to receive additional funding from Diaspora Impact, Inc. Even after your right to use the Site is terminated or restricted, these Terms will remain enforceable against you. Diaspora Impact, Inc. reserves the right to take appropriate legal action, including but not limited to pursuing arbitration.
Diaspora Impact, Inc. reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Site and Services at its sole discretion. Diaspora Impact, Inc. is not liable to you for any modification or discontinuation of all or any part of the Site. We have the right to restrict anyone from using the Site or Services if we believe that such a person may threaten the safety and integrity of the Site, or if, in Diaspora Impact, Inc.’s judgment, such restriction is necessary to address any other reasonable business concern.
If we terminate or restrict your right to use the Site or Services, you are forbidden from registering or creating a new account under your name, a false or borrowed name, or the name of any third party, even if you act on behalf of that third party. As a non-profit organization, you are not allowed to receive additional funding from Diaspora Impact, Inc. Even after your right to use the Site is terminated or restricted, these Terms will remain enforceable against you. Diaspora Impact, Inc. reserves the right to take appropriate legal action, including but not limited to pursuing arbitration.
Diaspora Impact, Inc. reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Site and Services at its sole discretion. Diaspora Impact, Inc. is not liable to you for any modification or discontinuation of all or any part of the Site. We have the right to restrict anyone from using the Site or Services if we believe that such a person may threaten the safety and integrity of the Site, or if, in Diaspora Impact, Inc.’s judgment, such restriction is necessary to address any other reasonable business concern.
Miscellaneous
- Entire Agreement.
These Terms and any other policies posted on the Site constitute the entire agreement and supersede all other agreements between Diaspora Impact, Inc and you relating to this subject matter.
- Notices.
You consent to receive any agreements, notices, disclosures, and other communications (collectively, “Notices”) to which these Terms refer to electronically, including without limitation by electronic mail or by posting Notices on the Site. You agree that all Notices we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Governing Law and Jurisdiction.
All claims arising from or relating to these terms will be governed by Maryland law, excluding Maryland’s conflict of laws rules, and will be litigated exclusively in the federal or state courts of Baltimore, Maryland, USA; you consent to personal jurisdiction in those courts.
The Site is controlled and operated from the United States and is not intended to subject Diaspora Impact, Inc. to the laws or jurisdiction of any state, country, or territory other than that of the United States. We do not represent or warrant that the Site is appropriate or available for use in any jurisdiction other than the United States. In choosing to access the Site or use the Services, you do so on your initiative and at your own risk, and you are responsible for complying with all local laws, rules, and regulations. We may limit the availability of the Site or Services, in whole or in part, to any person, geographic area, or jurisdiction we choose at any time and in our sole discretion.
The Site is controlled and operated from the United States and is not intended to subject Diaspora Impact, Inc. to the laws or jurisdiction of any state, country, or territory other than that of the United States. We do not represent or warrant that the Site is appropriate or available for use in any jurisdiction other than the United States. In choosing to access the Site or use the Services, you do so on your initiative and at your own risk, and you are responsible for complying with all local laws, rules, and regulations. We may limit the availability of the Site or Services, in whole or in part, to any person, geographic area, or jurisdiction we choose at any time and in our sole discretion.
- Severability.
If any provision of these Terms is found to be unlawful, void, or unenforceable, the rest of the Terms will remain in effect.
- Survival.
All provisions of these Terms, which should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
- Third Party Links.
Our Site may include links to third-party websites that provide information about organizations and events relevant to our mission. These third-party websites are not managed by us, and they are responsible for maintaining their own terms of use. These links do not imply endorsement or association by Diaspora Impact, Inc. with these third-party websites, their content, or their operators. We have no control over the content of third-party sites and accept no responsibility for them, thereby disclaiming all liability related to them.
- No Third-Party Beneficiaries.
These Terms control the relationship between Diaspora Impact, Inc. and you. They do not create any third-party beneficiary rights.
- No Agency.
No agency, partnership, joint venture, or employer-employee relationship is intended or created by these Terms.
- No Waiver.
If you do not comply with these Terms and we don’t take action immediately, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
- Changes to these Terms.
At our sole discretion, we reserve the right to change, modify, add, or remove any portion of these Terms, in whole or in part, at any time. When we do, we will give you notice of the revised Terms by posting the revised Terms on the Site and by revising the “last updated” date at the top of this page.
Contact Us
If you have questions or concerns about these terms, contact us at contact@diasporaimpact.org