Acknowledgment

These are the Terms and Conditions governing the use of the Dije Data Portal and the agreement that operates between You and The Greater Madison Chamber of Commerce. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Data Portal.

Your access to and use of the Data Portal is conditioned on Your organizations authorized signature of the Data-Sharing Pledge. Acceptance of and compliance with these Terms and Conditions apply to all users who access or use the Data Portal.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Data Portal.

Your access to and use of the Data Portal is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Greater Madison Chamber of Commerce. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Content

Your Right to Submit Data

Our Web Application allows You to submit Your Organizations EEO-1 Data. You are responsible for the data that You input or upload to the Portal, including its legality, reliability, and appropriateness.

By inputting Your data to the Data Portal, You grant the Greater Madison Chamber of Commerce the right and license to use, publicly perform, publicly display, reproduce, and distribute such data in an aggregated, anonymized way. The Greater Madison Chamber of Commerce will not have access to any organizations individual data sets. You retain all of Your rights to any data You submit, share or display through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your data available to other users of the Data Portal to benchmark, without knowing your specific organizational data, who may also use Your data subject to these Terms. All individual organizations data will all be aggregated and anonymized.

You represent and warrant that: (i) the data submitted is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your data on or through the Chamber does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Data / Content Restrictions

The Greater Madison Chamber of Commerce is not responsible for the content of the Data Portal users. You expressly understand and agree that You are solely responsible for the data submitted and for all activity that occurs under your account, whether done so by You or any third person using Your account.

You may not transmit any Data that is unlawful, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

• Unlawful or promoting unlawful activity.
• Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
• Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
• Impersonating any person or entity including the Greater Madison Chamber of Commerce and its employees or representatives.
• Violating the privacy of any third person.
• False information and features.

The Greater Madison Chamber of Commerce reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any data is appropriate and complies with this Terms, refuse or remove the data. The Chamber can also limit or revoke the use of the Data Portal. As the Company cannot control all data submitted by users and/or third parties on the platform, you agree to use the Data Portal at your own risk. You understand that by using the Data Portal You may be exposed to content that You may find incorrect or objectionable, and You agree that under no circumstances will the Greater Madison Chamber of Commerce be liable in any way for any content, including any errors or omissions in any data or any loss or damage of any kind incurred as a result of your use of any data and the portal features.

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that data posted on the Data Portal infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Data Portal, You must submit Your notice in writing to the attention of our copyright agent via email at admin@dije.us and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Data is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
• A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
• Identification of the URL or other specific location on the Data Portal where the material that You claim is infringing is located.
• Your address, telephone number, and email address.
• A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our copyright agent via email at admin@dije.us. Upon receipt of a notification, the Greater Madison Chamber of Commerce will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Data Portal.

Intellectual Property

The Data Portal and its original content (excluding Content/Data provided by You or other users), features and functionality are and will remain the exclusive property of the Greater Madison Chamber of Commerce and its licensors.

The Data Portal is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Greater Madison Chamber of Commerce.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Greater Madison Chamber of Commerce. If for any reason such assignment is ineffective, You agree to grant the Greater Madison Chamber of Commerce a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Data Portal will cease immediately.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Greater Madison Chamber of Commerce or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Data Portal, third-party software and/or third-party hardware used with the Data Portal, or otherwise in connection with any provision of this Terms), even if the Greater Madison Chamber of Commerce or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Greater Madison Chamber of Commerce, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Data Portal, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Greater Madison Chamber of Commerce provides no warranty or undertaking, and makes no representation of any kind that the Data Portal will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Greater Madison Chamber of Commerce nor any of it’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Data Portal, or the information, content, and materials included thereon; (ii) that the Data Portal will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Data Portal, its servers, the content, or e-mails sent from or on behalf of the Greater Madison Chamber of Commerce are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Data Portal. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Data Portal, You agree to first try to resolve the dispute informally by contacting the Greater Madison Chamber of Commerce.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Data Portal. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Data Portal after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Data Portal.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: admin@dije.us

By mail: P.O. Box 71, Madison, WI 53701-0071