PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE.
These Ediva Terms of Service (“Terms”) are an agreement entered between you and Defending American Values Coalition and Deliver the American Dream, (collectively “APR Network”) (“Organization,” “we,” or “us”) in connection with your use of the Ediva automated chatbot and the website, https://aprnetwork.org/ (“Ediva” or the “Site”). In these Terms, “you” refers both to you as an individual and to the entity you represent. By using Ediva, you consent to these Ediva Terms of Service.
APR Network’s Privacy Policy also applies to your use of Ediva.
1. General Information.
Ediva is an automated system (“AI Chatbot”) powered by Zapier. Ediva also refers to the website, https://aprnetwork.org/. Both are designed and intended to answer questions of the users related to Diversity, Equity, and Inclusion (DEI) within the context of laws and policies in the U.S. The information provided by Ediva is generated by an AI chatbot and is provided for general informational purposes only, and should not be construed or relied upon as legal advice on any subject matter. Consult a licensed attorney with questions on your particular situation.
2. Age Requirements.
Use of Ediva by anyone under 13 years of age is prohibited. You represent that you are at least the age of majority in the jurisdiction where you live or, if you are not, your parent or legal guardian must consent to these Ediva Terms of Service and affirm that they accept these Terms on your behalf and bear responsibility for your use. If you are accepting these Ediva Terms of Service on behalf of someone else or an entity, you confirm that you have the legal authority to bind that person or entity to these Terms.
3. Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is solely at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time at our sole discretion, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
No use of Ediva is intended to violate the tax-exempt status of APR Network, and no user may use or attempt to use Ediva in any way that could jeopardize APR Network’s tax-exempt statuses.
4. Third-Party Links
Certain content, products and services available via Ediva may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these websites and we do not warrant and do not assume any liability or responsibility for any third-party materials, products, services, or websites.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
5. Liability
While we strive to provide accurate information through Ediva, we cannot and do not guarantee the accuracy and/or the completeness of the information provided. Ediva may, at times, provide information that is inaccurate. Therefore, we encourage you to verify any information provided by Ediva before taking any action or making any decisions based on the information received, and APR Network assumes no responsibility or guarantee for the accuracy or completeness of the information provided. APR Network expressly reserves the right to modify, add or delete individual or all Ediva functionalities without notice and at its sole discretion, or to discontinue Ediva temporarily or permanently. APR Network provides no guarantee for the uninterrupted accessibility of Ediva. APR Network is not obliged to provide Ediva for a certain period of time. APR Network, its officers, directors, employees, affiliated organizations and representatives do not accept any liability regarding the information provided and cannot be held liable for any actions, losses, or damages resulting from the use of the Ediva.
By using Ediva, you warrant that you understand and accept that Ediva is not a human being and its answers are not human-generated. You also understand and accept that Ediva is an automated system, or “AI Chatbot,” specifically designed to answer a limited range of questions about Diversity, Equity, and Inclusion (DEI) within the context of U.S. government laws and policies.
YOU UNDERSTAND AND AGREE THAT THE SERVICE OFFERINGS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. APR NETWORK AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. APR NETWORK DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.NETHER APR NETWORK NOR ANY OWNER OF CONTENT WARRANTS THAT THE SERVICE OFFERINGS ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, APR NETWORK MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED, OR OFFERED BY A THIRD PARTY ON, OR THROUGH, THE SERVICE OFFERINGS OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. APR NETWORK IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION, WHETHER ORAL OR IN WRITING, OBTAINED BY YOU, FROM APR NETWORK, SHALL CREATE ANY WARRANTY ON BEHALF OF APR NETWORK.
IN NO EVENT SHALL APR NETWORK, OR OUR RESPECTIVE EMPLOYEES, AGENTS OR VOLUNTEERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE EDIVA, THE CONTENT OR EDIVA MATERIALS CONTAINED IN OR ACCESSED THROUGH EDIVA, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM APR NETWORK, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO APR NETWORK’S RECORDS, PROGRAMS OR SITE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE APR NETWORK OR OUR RESPECTIVE EMPLOYEES, AGENTS OR VOLUNTEERS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE EDIVA OR THE SITE MATERIALS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO APR NETWORK FOR ACCESS TO OR USE OF EDIVA.THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
6. Your Use of Ediva.
Ediva is intended for use by persons at least 18 years of age. If you are under 18 years of age (or the age of legal majority where you live), you may only use Ediva under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to Ediva.
By using the Ediva, the user agrees:
- Not to violate the rights of any other party or any applicable laws;
- Not to violate any of these Terms or any of APR Network’s policies, or the parties of relevant third-party providers that power Ediva;
- Not to reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of the algorithms, systems, or models of Ediva or its underlying technologies;
- Not to abuse, harm, interfere with, reverse engineer, disrupt, or otherwise cause damage to Ediva or its underlying technologies. This includes but is not limited to attempting to use Ediva or its underlying technologies in fraudulent or deceptive ways, introducing malware, spamming, hacking, or bypassing any protective measures;
- Not to post, send or share defamatory, offensive, intimidating, illegal, racist, discriminatory, obscene, abusive, or inappropriate content in any form through Ediva or its underlying technologies;
- Not to use Ediva to conduct illegal or immoral activities.
APR Network reserves the right to block or remove user access to Ediva, and/or permanently delete or alter user content if it the user violates these terms, APR Network’s policies, or the policies of any third-party service providers which enables Ediva’ functionality.
7. Privacy.
As detailed in the APR Network Privacy Policy, we may collect certain personal information that you provide during your use of Ediva (including county, zip code, etc.). We may also collect any personal information you voluntarily provide to Ediva (“User Content”). However, we encourage you to refrain from sharing any personal information in your conversations with Ediva that are not useful, necessary, and/or requested for the handling of your inquir(ies),
Your information may also be accessed and processed by Zapier and/or other third-party service providers according to their terms of use and policies, which we encourage you to review.
APR Network may also review your conversations with Ediva in order to monitor and improve the quality of Ediva.
8. Indemnification
You agree to indemnify and hold APR Network and its respective directors, officers, employees, and agents harmless from and against all damages, losses, and expenses of any kind, including reasonable attorney fees and costs, arising out of or related to (1) your breach of these Terms or any part therein; (2) any User Content you submit or otherwise contribute to Ediva; (3) any activity in which you engage on or through Ediva; and (4) your violation of any law or the rights of a third party.
9. Trademarks. All logos and slogans contained in the Site are trademarks of APR Network or third parties and may not be copied, imitated or used, in whole or in part, without the prior written permission of APR Network or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing any name, trademark or product or service name of APR Network without our prior written permission. In addition, the look and feel of Ediva, including all page headers, App design, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of APR Network or third parties and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.
10. Copyright and Limited License. Unless otherwise indicated in the Site, Ediva and all content and other materials on the Site, including, without limitation, the Ediva logo, and all designs, text, graphics, pictures, information, data, software, tools, widgets, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of APR Network or its licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use Ediva and the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms and does not include: (a) any resale or commercial use of Ediva or the Site Materials therein; (b) the reproduction, distribution, public performance or public display of any Site Materials, except as expressly permitted on the Site; (c) modifying or otherwise making any derivative uses of Ediva and the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (f) any use of Ediva or the Site Materials other than for their intended purpose. Any use of Ediva or the Site Materials other than as specifically authorized herein, without the prior written permission of APR Network, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
11. Applicable Law and Venue
These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the District of Columbia, without regard to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in the District of Columbia and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
12. Termination. Notwithstanding any of these Terms, APR Network reserves the right, without notice and in its sole discretion, to terminate your license to use Ediva, and to block or prevent future access to and use of Ediva. All of the terms of these Terms (excluding our license grants to you) will survive any termination or suspension.
13. Severability. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
By using Ediva, you acknowledge and agree to this disclaimer and its terms. If you have questions or need assistance, please contact info@aprnetwork.org.