Terms & Conditions

DA Global’s membership consortium is a global community of thousands of professionals from institutions and organizations committed to advance student success through global education.

All members agree to the following terms and conditions (the “Agreement”):

1. Respectful Engagement. Members agree to promote mutual respect and understanding by acknowledging other perspectives, constructively confronting differences, and actively listening.  Learning happens outside of our comfort zones; however, the choice to engage in discussion and offer perspective is solely up to each individual.

    

2. Logos and Names. Member grants DA Global the right to use your organization’s name and logo on the DA Global’s website (daglobal.org) and on related marketing materials, solely to indicate your membership. As long as you remain a member in good standing, you may use DA Global’s name and membership logo, in the format requested by DA Global to solely indicate your membership.

    

3. Content Proprietary Information. Member acknowledges that content behind the paywall (defined as content that requires a login to access) contains copyrighted and proprietary products, works of authorship, and materials owned by DA Global. DA Global resources and publications may not be distributed or otherwise re-purposed without expressed written consent. When referencing DA Global resources in presentations, articles, etc, credit must be provided to DA Global as well as relevant authors. DA Global and DA Global’s licensors solely and exclusively retain all right, title and interest in all related content and documentation on DA Global website (diversitynetwork.org), and professional services deliverables, and all related and underlying software, interfaces, databases, data models, structures, non-Customer-specific data, aggregated statistical data, technology, reports and other intellectual property, plus all intellectual and other proprietary rights therein or thereto, but excluding Customer Content (all of the foregoing, the “DA Global IP”). Except for the express licenses granted in this Agreement, Customer has no right, title or interest in, and DA Global reserves all rights to the DA Global IP.

    

4. Annual Fees. Member agrees to pay the annual fees.  Dues are yearly and payment is required upon signing (to activate membership) and upon renewal. Payment will be due within sixty (60) days of invoice mailing.

    

5. Suspension and Termination. DA Global shall have the right to (i) suspend participation of Member if it fails to pay its annual fees on time, or (ii) suspend or cancel participation of Member if it violates any of the terms and policies or engages in conduct seriously prejudicial to the purposes of DA Global. DA Global may also terminate membership upon bankruptcy or withdrawal from or cessation of business by Member.

    

6. Refunds. No refunds of Membership fees or other payments will be given.

    

7. Authority.The person entering into the Membership on behalf of Member hereby represents, warrants and covenants to DA Global that (a) it has the authority to sign up for the Membership and to perform its obligations hereunder; (b) the execution and performance of this Membership does not and will not violate any agreement to which Member is a party or by which it is otherwise bound; and (c) when executed and delivered, this Membership will constitute a legal, valid and binding obligation of Member, enforceable in accordance with its terms.

    

8. No Other Licenses. By signing up for Membership, Member neither grants nor receives, by implication, estoppel, or otherwise, any rights under any copyright, patents or other intellectual property rights of DA Global or another member, except as expressly provided in Section 3.

    

9. User Responsibility. You are solely responsible for your interactions with other members; provided, however, that DA Global reserves the right, but has no obligation, to intercede in such disputes. You agree that DA Global will not be responsible for any liability incurred as the result of such interactions.

    

10. No Warranty. Each party acknowledges that, except as otherwise agreed in writing, all services and information provided to or by DA Global under this agreement is provided “as is” with no warranties or conditions whatsoever, whether express, implied, statutory or otherwise, and DA Global and Member each expressly disclaim any warranty of merchantability, noninfringement, or fitness for any particular purpose with respect to such services and information.

     

11. Limitation of Liability. In no event will DA Global be liable to Member  or third party under this agreement for the cost of procuring substitute goods or services, lost profits, lost revenue, lost sales, loss of use, loss of data or any incidental, consequential, direct, indirect, punitive, or special damages, whether or not such party had advance notice of the possibility of such losses or damages except for Member’s dues commitment, or in cases of willful misconduct or gross negligence, or where required by applicable law, or as otherwise agreed in writing, the aggregate liability of DA Global to Member and to other parties, shall not exceed the past 12 months’ membership fees paid by the Member to DA Global.

     

12. Governing Law. This agreement shall be construed and controlled by the laws of the California without reference to conflict of laws principles. If any claim or dispute between the parties is not resolved by good faith negotiations, any suits or proceedings pursued by either party shall be brought in the Federal or state courts located in California, to whose jurisdiction each party hereby submits.

     

13. Compliance with Laws. Anything contained in this agreement to the contrary notwithstanding, the obligations of DA Global and Member shall be subject to all laws, present and future, of any government having jurisdiction over DA Global and Member including, without limitation, all export and re-export laws and regulations. It is the intention of DA Global and Member that this agreement and all referenced documents shall comply with all applicable laws and regulations.

     

14. Assignment. Member may not assign its rights or obligations under this agreement without the prior written consent of DA Global. For purposes of this agreement, an assignment shall be deemed to include a transfer or sale of all or substantially all of the business of Member, or a merger, consolidation or other transaction that results in a change in control of Member.

     

15. Force Majeure. Neither DA Global nor Member shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, acts of terrorism, pandemics, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.