Privacy Policy
a) Privacy is of great importance to us and we have established this privacy policy ("Privacy Policy") as a means to communicate our information collection, use, and dissemination practices. This Privacy Policy applies only to information collected through our Site and not to information collected offline.
b) So we are clear on the terminology we use:
i) "Personal Information" means contact information (e.g., your name, address, email address, and/or telephone number) and any other non-public information that is used or intended to be used to personally identify an individual, and any other non-public information that is associated with that information. "Anonymous Information" means information that is not used or intended to be used to personally identify an individual.
ii) BY SUBMITTING PERSONAL INFORMATION THROUGH OUR SITE OR SERVICES, YOU AGREE TO THE TERMS OF THIS PRIVACY POLICY AND YOU EXPRESSLY CONSENT TO THE PROCESSING OF YOUR PERSONAL INFORMATION ACCORDING TO THIS PRIVACY POLICY. YOUR PERSONAL INFORMATION MAY BE PROCESSED BY US IN THE COUNTRY WHERE IT WAS COLLECTED AS WELL AS OTHER COUNTRIES (INCLUDING THE UNITED STATES) WHERE LAWS REGARDING THE PROCESSING OF PERSONAL INFORMATION MAY BE LESS STRINGENT THAN THE LAWS IN YOUR COUNTRY.
c) Children
i) The Site and Services are not directed to children, and children are not eligible to use our Services. Protecting the privacy of children is very important to us. We do not collect Personal Information from people we actually know are under 18 years of age. If we later learn that a user is under 18 years of age, we will take steps to prevent the user from utilizing the Site and the Services.
d) Collected Information
i) You are not required to provide any Personal Information to use our Site or Services. We only collect Personal Information that you submit to us voluntarily. For example, if you communicate with us through our Site or by sending us an email, we may collect and store any information that is contained in your communications with us. In general, the Personal Information we gather enables us to provide services to you.
ii) To create an "Account" with a user name, we require that you provide certain Personal Information, including your name and email address. You are not required to have an Account to use our Site or Services.
iii) When you register for our events and/or purchase tickets through the Services, we will collect all information necessary to process the transaction (though some of this information may go directly to our payment provider, event sponsor, or venue host).
iv) If you participate in a contest or giveaway with us, we may ask you for your e-mail address and/or phone number (to notify you if you win or not). We may also ask for first and last names, and sometimes post office addresses to verify your identity. In some situations, we may need additional information as part of the entry process, such as a prize selection choice. These contests are voluntary. We recommend that you read the rules for each contest that you enter.
v) You may have the option of registering with us through a third party social networking website ("SNS"), such as Facebook, using your existing account and log-in credentials on such site. In such cases, when you click on "Connect with us," or a similar connection on the Services, you will be prompted to enter your SNS credentials for the SNS. By proceeding, you are granting us and our Services access to your information, and you are agreeing to the Facebook or other SNS's Terms of Use in your use of the Services. In this case, we receive information from Facebook or another SNS to make it easier for you to create an Account with us. Any information that we collect from your Facebook or other SNS account may depend on the privacy settings you have with that SNS, so please consult the SNS's privacy and data practices. You have the option to disable Facebook Connect at any time by logging into your Account or reviewing the appropriate settings from within your account settings on the applicable SNS.
e) Anonymous Information
i) We collect the following types of Anonymous Information:
(1) Information Collected by Our Servers: Our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol ("IP") address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, clickstream data, and a date/time stamp for your visit.
(2) Cookies
(a) Like many online services, we use cookies to collect information. "Cookies" are small pieces of information that a website sends to your computer's hard drive while you are viewing the website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site. This type of information is collected to make the Site more useful to you and to tailor the experience with us to meet your special interests and needs. If you decide at any time that you no longer wish to accept cookies from our Service for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. Consult your browser's technical information. If you do not accept cookies, however, you may not be able to use all portions of the Services or all functionality of the Services.
(3) Disclosure – Third Party Cookies
(a) We use third party services such as Google Analytics to help analyze how users use the Site. These services use Cookies to collect information such as how often users visit the Site, what pages they visit, and what other sites they used prior to coming to the Site. We use the information we get from these service providers to improve our Site and Services. They generally collect only the IP address assigned to you on the date you visit the Site or Services, rather than your name or other personally identifying information. We do not combine this information with your Personal Information. The service provider's ability to use and share information it collects is restricted by its applicable terms and privacy policy.
f) Use of Information
i) Personal Information
(1) We will use your Personal Information to:
(a) Administer your Account
(b) Provide you with services and customer support
(c) Market to you our products and services (and those of third parties) that we believe may interest you
(d) Respond to your requests, resolve disputes and/or troubleshoot problems
(e) Verify your compliance with your obligations in our Terms of Use or other Neurodivergent District policies
(f) Improve the quality of the Site and the Services
(g) Communicate with you about the Site and the Services
(h) We may also use your Personal Information to create Anonymous Information records by excluding information that makes the information personally identifiable to you.
(i) We will communicate with you primarily in the form of emails. You can manage the frequency and/or opt out of receiving these communications by clicking the "Unsubscribe" link at the bottom of each email. Please note that even if you unsubscribe or opt-out, we may still send you Site and Services related communications (e.g., emails related to your usage of the Site).
(2) In General
(a) Generally, we use Anonymous Information in statistical analysis to help us analyze patterns in the use of our Services. We may, through our use of Cookies, keep you logged into our Site, collect your click-stream data, tailor web content to you and personalize your experience on the Site. We may also use your Anonymous Information to improve our internal operations, notify visitors of updates to our Site and Services, and software and customize the content and layout of the Site and/or Service.
(3) Disclosure of Information
(a) Personal Information
(i) As you know, the purpose of our Services is to connect you with other people. By submitting Personal Information, you authorize us to share your Personal Information with other Neurodivergent District users as part of our Community services.
(ii) In addition, we may disclose certain Personal Information:
1. To third-party vendors who help us provide the Services or the Site
2. If you register for a Neurodivergent District event, to any host or venue of an event we sponsor or co-sponsor
3. To third parties to whom you ask us to send Personal Information, including as set forth above
4. To a parent company, any subsidiaries, joint ventures, or other companies under a common control (collectively, "Affiliates"), in the event we have such Affiliates in the future, in which case we will require our Affiliates to honor this Privacy Policy
5. In connection with or during the negotiation of any merger, financing, acquisition, or dissolution, transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, Personal Information may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the Personal Information collected by us and will assume the rights and obligations regarding your Personal Information as described in this Privacy Policy
6. If we believe in good faith that such disclosure is necessary to (a) resolve disputes, investigate problems, or enforce our Terms of Use; (b) comply with relevant laws or to respond to requests from law enforcement or other government officials relating to investigations or alleged illegal activity, in which case we can (and you authorize us to) disclose Personal Information without subpoenas or warrants served on us; or (c) protect and defend our rights or property or the rights and property of you or third parties.
7. In addition, some of our Services may enable you to post content to social networking services (e.g., Facebook or Instagram) ("SNS"). If you choose to do this, we will provide information to such SNSs in accordance with your elections. You acknowledge and agree that you are solely responsible for your use of those websites and that it is your responsibility to review the terms of use and privacy policy of the third-party provider of such SNSs. We will not be responsible or liable for: (i) the availability or accuracy of such SNSs; (ii) the content, products, or services on or availability of such SNSs; or (iii) your use of any such SNSs.
8. We may disclose Anonymous Information without restriction.
g) Feedback
i) If you provide feedback to us, we may use and disclose such feedback for any purpose, provided we do not associate such feedback with your Personal Information. We will collect any information contained in such feedback and will treat the Personal Information in it in accordance with this Privacy Policy.
ii) In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to the Site or the Services (collectively "Feedback"), you agree we may use the Feedback to modify our Site and Services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback.
iii) You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same.
iv) This is true whether you provide the Feedback on the Site or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
h) Accessing and Controlling your Information.
i) You can review and/or change any of your Personal Information by emailing us through the site. You authorize us to use and disclose any new or modified information that you provide in accordance with this Privacy Policy. Please remember, however, if we have already disclosed some of your Personal Information to third parties, we cannot access that Personal Information any longer and cannot force the deletion or modification of any such information by the parties to whom we have made those disclosures.
ii) Upon your request, we will delete any Personal Information you have provided to us, except that we may retain your Personal Information to comply with laws, prevent fraud, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Terms of Use, and take other actions otherwise permitted by law.
iii) Our events, whether free or paid, may, from time to time, be photographed or videotaped, by a member of the news media for a story about our events, or our representatives for our future use. Each Ticket represents a limited, revocable license to enter the Venue to attend the specific Event listed on the applicable Ticket. No person, except for attendees under the age of three or a caretaker, may enter the Venue without a Ticket, and re-entry is prohibited. Failure to comply with this Agreement shall result in forfeiture of this license and all rights arising hereunder without refund or credit.
i) Information Disclosed to Third Parties
j) THIS PRIVACY POLICY ADDRESSES ONLY OUR USE AND DISCLOSURE OF INFORMATION WE COLLECT FROM AND/OR ABOUT YOU. IF YOU DISCLOSE INFORMATION TO OTHERS OR OTHERWISE ON OUR SITE, THE USE AND DISCLOSURE RESTRICTIONS CONTAINED IN THIS PRIVACY POLICY WILL NOT APPLY TO ANY THIRD PARTY, AND WE ENCOURAGE YOU TO REVIEW THE PRIVACY POLICIES OF THOSE THIRD PARTIES. WE DO NOT CONTROL THE PRIVACY POLICIES OF THIRD PARTIES, AND YOU ARE SUBJECT TO THE PRIVACY POLICIES OF THOSE THIRD PARTIES WHERE APPLICABLE.
k) External Links Disclaimer
l) The Site or Services may contain links to other websites that are not owned or controlled by us. We have no control over, do not review, and are not responsible for the privacy policies of or content displayed on such other websites. When you click on such a link, you will leave our Site or Services and go to another site. During this process, another entity may collect Personal Information or Anonymous Information from you.
m) Changes to this Privacy Policy. This Privacy Policy is subject to revision from time to time on a going-forward basis. We will post any revised version of the Privacy Policy on this page. If we make any material changes to it, we will also send you notice thereof to the last email address you have provided to us. Continued use of our Services following notice of such changes will indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.
22) CANCELLATION. You, the buyer, may cancel this agreement, without any penalty or obligation, at any time prior to midnight of the original contract seller's third business day following the date of this contract OR the date that you have submitted your payment, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice, or send a telegram which states that you, the buyer, are canceling this agreement, or words of similar effect. This notice shall be sent to: “Neurodivergent District, 1255 Union St NE 7th Floor Washington, D.C. 20002”
a) If by reason of death or disability the buyer is unable to receive all services for which the buyer has contracted, the buyer and the buyer's estate may elect to be relieved of the obligation to make payments for services other than those received before death or the onset of disability, except as provided in paragraph (X).
b) If the buyer has prepaid any amount for services, so much of the amount prepaid that is allocable to services that the buyer has not received shall be promptly refunded to the buyer or his or her representative.
c) "Disability" means a condition which precludes the buyer from physically using the services specified in the contract during the term of disability and the condition is verified in writing by a physician designated and remunerated by the buyer. The written verification of the physician shall be presented to the seller.
i) If the physician determines that the duration of the disability will be less than three months, the seller may extend the term of the contract for a period of three months at no additional charge to the buyer in lieu of cancellation.
ii) If the buyer relocates his or her primary residence further than 150 miles from the dating service office and is unable to transfer the contract to a comparable facility, the buyer may elect to be relieved of the obligation to make payment for services other than those received prior to that relocation, and if the buyer has prepaid any amount for dating services, so much of the amount prepaid that is allocable to services that the buyer has not received shall be promptly refunded to the buyer. A buyer who elects to be relieved of further obligation pursuant to this subdivision may be charged a predetermined fee not to exceed one hundred dollars ($100) or, if more than half the life of the contract has expired, a predetermined fee not to exceed fifty dollars ($50). The undersigned agree to the Neurodivergent District Membership Contract terms and conditions, Client Dating Guidelines, and Company Policies.
23) Risk Assumption and Precautions. You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others. You are solely responsible for your interactions with other Neurodivergent District users. You understand that Neurodivergent District makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet as a result of or through Neurodivergent District. You agree to take all necessary precautions when meeting such individuals. When we say, "other Neurodivergent District users", we mean any person you may meet as a result of your use of Neurodivergent District, whether at a Neurodivergent District event or through a potential match set up by Neurodivergent District. You will promptly report to Neurodivergent District any violation of the Terms by others, including but not limited to, other Neurodivergent District users.
a) No Harassment of Neurodivergent District Employees or Agents. You will not harass, annoy, intimidate or threaten any Neurodivergent District employees or agents engaged in providing any portion of the Services to you.
b) Disclosure to Protect Abuse Victims. Notwithstanding any other provision of these Terms or the Privacy Policy, Neurodivergent District reserves the right, but has no obligation, to disclose any information that you submit to the Services, if in its sole opinion, Neurodivergent District suspects or has reason to suspect, that the information involves a party who may be the victim of abuse in any form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information may be disclosed to authorities that Neurodivergent District, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that Neurodivergent District is permitted to make such disclosures.
c) YOUR INTERACTIONS WITH OTHER USERS. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER NEURODIVERGENT DISTRICT USERS. YOU UNDERSTAND THAT NEURODIVERGENT DISTRICT CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. NEURODIVERGENT DISTRICT ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. Neurodivergent District MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ITS CLIENTS OR USERS OR THEIR COMPATIBILITY WITH ANY OTHER INDIVIDUAL NEURODIVERGENT DISTRICT RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS. IN NO EVENT SHALL NEURODIVERGENT DISTRICT BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER NEURODIVERGENT DISTRICT USERS. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS IF AND WHEN YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU UNDERSTAND THAT NEURODIVERGENT DISTRICT MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET AS A RESULT OF OUR COMMUNITY. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER USERS.
24) RULES REGARDING INFORMATION AND OTHER CONTENT.
a) When you access the Site and/or Services, you obtain access to various kinds of images, video, audio, data, and other information and materials, all of which we call "Content." You agree not to revise Content posted by others, and you represent and warrant that you will not provide, submit, make available to Neurodivergent District, or use any Content in any manner that:
i) Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others
ii) Violates the privacy, publicity, or other rights of third parties or any other law, statute, ordinance or regulation
iii) Is false or inaccurate or becomes false or inaccurate at any time
iv) Is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion;
v) Discloses or provides information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others
vi) Misrepresents your identity in any way
vii) Contains any viruses, Trojan horses, spyware. malware, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
viii) Advocates or encourages any illegal activity
ix) Has the potential to create liability for us or cause us to violate the requirements of or to lose the services, in whole or in part, of our Internet service providers or other suppliers
25) Though we strive to enforce these rules with all of our users, you may be exposed through the Site or Services to Content that violates our policies or is otherwise offensive. You access the Site and Services at your own risk. We may, but are not obligated to, remove Content from the Site for any reason, including if we determine or suspect that such Content violates these Terms of Use. We are merely acting as a passive conduit for such distribution and we take no responsibility for your exposure to Content on the Site or through the Services whether it violates our content policies or not.
26) You hereby grant (and you represent and warrant that you have the right to grant) to Neurodivergent District an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit any Content you provide, submit, or make available to Neurodivergent District, and to grant sublicenses of the foregoing rights, solely for Neurodivergent District 's business purposes. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your Content.
27) General Rules of User Conduct.
a) It is our goal to make access to our Site and Services a good experience for all of our users. You agree not to, and represent and warrant that you will not use, reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Services, your use of the Site or Services, or access to the Site or Services for any purposes other than for which the Site or Services are being provided to you, or do any of the following:
b) Conduct or promote any illegal activities while using the Site or Services
c) Upload, distribute or print anything that may be harmful to minors
d) Attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site
e) Attempt to gain access to secured portions of the Site or Services to which you do not possess access rights
f) Upload or transmit any form of virus, worm, Trojan horse, or other malicious code
g) Use the Site or Services to generate unsolicited email advertisements or spam
h) Use the Site or Services to stalk, harass or harm another individual
i) Use any high volume automatic, electronic or manual process to access, search or harvest information from the Site or Services (including without limitation robots, spiders or scripts)
j) Interfere in any way with the proper functioning of the Site and Services or interfere with or disrupt any servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services
k) Use any robot, spider, other automatic device, or manual process to extract, "screen scrape," monitor, "mine," or copy any static or dynamic web page on the Site or the Content contained on any such web page for commercial use without our prior express written permission
l) Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity
m) Mirror or frame the Site or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages
28) MODIFICATIONS TO THE SITE OR SERVICES.
a) We reserve the right to modify or discontinue the Site or Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site and/or Services. You may need to update third-party software from time to time in order to use the Site and/or Services. If you object to any such changes, your sole recourse will be to cease access to the Site or Services. Continued access to the Site or Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Site or Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Site and Services at any time, for any reason, in our sole discretion.
b) YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES.
29) THIRD PARTY CONTENT AND OTHER WEBSITES.
a) Content from other users, suppliers, affiliates, and other third parties may be made available to you through the Site and/or the Services. Because we do not control such content, you agree that we are not responsible for any such content. We do not make any guarantees about the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other users, advertisers, and other third parties or violation of any third party rights related to such content.
b) The Site and Services may contain links to websites not operated by us. We are not responsible for the content, products, materials, or practices (including privacy practices) of such websites. You understand that by using the Site and/or Services you may be exposed to third-party websites that you find offensive, indecent or otherwise objectionable.
c) We make no warranty, representation, endorsement, or guarantee regarding, and accept no responsibility for, the quality, content, nature or reliability of third party websites, products or services accessible by hyperlink or otherwise from the Site or Services. We provide these links for your convenience only and we do not control such websites.
d) Our inclusion of links to such websites does not imply any endorsement of the materials on such third party websites or any association with their operators.
e) The Site and Services may contain links to websites that are operated by us but which operate under different Terms of Use. It is your responsibility to review the privacy policies and Terms of Use of any other website you visit and you should make any investigation you deem appropriate.
f) YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE TO YOU IN CONNECTION WITH ANY WEBSITES, CONTENT, MATERIALS, OR PRACTICES OF ANY THIRD PARTY.
30) DISCLAIMER OF WARRANTIES.
a) THIS SITE AND ALL CONTENT AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY Neurodivergent District "WITH ALL FAULTS" AND ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Neurodivergent District MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE CONTENT OR SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH, THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
b) We make no warranty that the Site or Services will meet your requirements, or that the Site and/or Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Site or Services, or that defects in the Site or Services will be corrected. No advice or information, whether oral or written, obtained by you from us through the Site, Services, or otherwise will create any warranty, representation or guarantee not expressly stated in these Terms of Use.
31) INTERNATIONAL USERS.
a) The Services are for use in the United States only. The Site can be accessed from countries around the world and may contain references to services that are not available in your country. These references do not imply that Neurodivergent District intends to announce such services in your country. The Site and Services are controlled and offered by Neurodivergent District from its facilities in the United States of America. Those who access or use the Site or the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
32) GENERAL.
a) Assignment. These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Neurodivergent District’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
b) Dispute Resolution. If you believe that Neurodivergent District has not adhered to these Terms of Use, please contact us by emailing us through the site. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
c) Limitations Period.
i) YOU AND NEURODIVERGENT DISTRICT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF USE, THE SITE OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
ii) Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. All claims and disputes in connection with these Terms or the use of any Service that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and Neurodivergent District, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under these Terms.
(1) Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through the American Arbitration Association ("AAA"), an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with these Terms ("Arbitration Rules"). The AAA Consumer Arbitration Rules governing the arbitration are available online awww.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 where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is 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 be held in a location within one hundred (100) miles of your residence, unless you reside outside of the United States (in which case the hearing will be held in Washington DC, unless the parties agree otherwise). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
(2) Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected as provided above, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
(3) Authority of Arbitrator. The arbitrator will decide the rights and liabilities, if any, of you and Neurodivergent District, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Neurodivergent District.
(4) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Neurodivergent District in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND Neurodivergent District WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
(5) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CONTRIBUTOR CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CONTRIBUTOR. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court located in Washington, D.C..
(6) Confidentiality. No part of the procedures shall be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order or unless required by law.. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
(7) Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
(8) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
(9) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Neurodivergent District.
(10) Small Claims Court. Notwithstanding the foregoing, either you or Neurodivergent District may bring an individual action in small claims court.
(11) Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in Washington, D.C., for such purpose.
(12) Governing Law. The Terms and any action related thereto will be governed and interpreted by and under the laws of the Washington DC, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
(13) Choice of Language. It is the express wish of the parties that these Terms and all related documents have been drawn up in English
(14) Export Control. You may not use, export, import, or transfer any Neurodivergent District materials except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Neurodivergent District materials, and any other applicable laws. In particular, but without limitation, the Neurodivergent District materials may not be exported or re-exported (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By using the Neurodivergent District materials, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Neurodivergent District materials for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that services or technology provided by Neurodivergent District are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Neurodivergent District services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
33) Release. You hereby release the Neurodivergent District Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Site and/or Services, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of the Site and/or Services. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
a) Disclosures. Neurodivergent District is located at the address in Section X. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
b) Force Majeure. Neurodivergent District shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
c) Compliance. If you believe that Neurodivergent District has not adhered to the Terms, please contact Neurodivergent District by emailing us through the site We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
34) Indeminification
a) Indemnification: I understand the potential dangers that could occur in meeting with people through Neurodivergent District or any of the company’s special events. Understanding the risks, I hereby represent and warrant that I release Neurodivergent District and all its representatives, employees and Kate Woodward, and anyone else directly or indirectly connected with the Neurodivergent District, from any liability in the event of any injury or damage of any kind to me or anyone else caused by meeting with people through any Neurodivergent District service.
35) Limitation on Liability: While Neurodivergent District performs an initial screening of individuals registering for the Community service, Neurodivergent District makes no representations or warranties as to the conduct of such individuals or their compatibility with any current or future members. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS INTRODUCED TO YOU BY THIS SERVICE.