Terms of Service

Acceptance of Terms

onyximpact.org and digitalgreenbook.org, including all website-related content and services (the "Site" or our "Sites"), is provided by Onyx Impact, Inc., a Georgia nonprofit corporation (referred to as "Onyx Impact," "Us," "We," "Our") subject to your agreement to comply with the Terms of Use ("Terms"). Your access to and use of this Site is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who access and use this Site.

Please note that we reserve the right to update or modify the Terms without advance notice by updating this page and the "Last Updated" date above. If you do not agree to the Terms at any time, please discontinue your use of the Site.

Prohibited Uses

You agree that you will use this Site only for lawful purposes and in accordance with all applicable laws, rules, regulations, and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Site. Additional prohibited uses specific to the use of the Digital Green Book Chatbot are detailed in the "Digital Green Book" section. You agree that you will not perform, facilitate, or engage in any of the following or related prohibited uses:

• Impersonating or attempting to impersonate Onyx Impact or its employees, representatives, or affiliates;
• Misrepresenting your identity or affiliation with any person or entity;
• Using or attempting to use the Site to engage in unauthorized advertising or promotional activities, including but not limited to spam, junk mail, chain mail or similar materials;
• Engaging in any conduct that restricts or inhibits any person's use or enjoyment of the Site, or which, as determined by Our sole discretion, may harm Us or the users of this Site or expose Us or others to liability of any kind;
• Using or attempting to use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with another party's use of the Site;
• Using or attempting to use any automated mechanism, such as a robot, spider, scrape, or similar automated technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Site;
• Using or attempting to use any manual process or means to monitor or copy any material on this Site or for any other unauthorized purpose;
• Using or attempting to use any device, software, means or routine that interferes with the proper functioning of the Site, including but not limited to viruses, Trojan horses, worms, logic bombs or other such materials;
• Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Site, the server(s) on which the Site is stored, or any server, computer, database or other such system connected to the Site;
• Attempting to attach or attacking the Site via a denial-of-service attack or a distributed denial of service attack;
• Otherwise attempting to interfere with the proper functioning of the Site;
• Make unauthorized use of any of Onyx Impact's trademarks, service marks, or other protected intellectual property;
• Using the Site in any way that violates any applicable federal, state, or local laws, rules, or regulations; or
• Any other activities that, in Onyx Impact's sole judgment, may be objectionable, abusive, or contrary to these Terms.

Notwithstanding any terms and conditions described, Onyx Impact reserves the right to terminate your license and permission to use our Sites, and block or prevent your access to and use of our websites without notice and according to our sole discretion.

No Warranty on Website

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WE DO NOT MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Availability, Errors and Inaccuracies

We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on the Site. We may experience delays in updating information on the Site and in our promotional content on other websites. The information, products and services found on the Site may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly described or unavailable. We expressly reserve the right to correct any errors on the Site. The inclusion or offering of any product or service on the Site does not constitute an endorsement or recommendation of such product or service by us.

YOUR USE OF THE INFORMATION AND SERVICES ON THE SITE IS AT YOUR OWN RISK. UNLESS EXPRESSLY PROVIDED OTHERWISE IN A WRITING BY ONYX IMPACT, ALL INFORMATION, SERVICES, AND CONTENT ON THE SITE ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

Limitation of Liability

IN NO EVENT SHALL ONYX IMPACT. BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF OR USE OF THE SITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE SITE , INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON OPINIONS OR INFORMATION APPEARING ON THE SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES OPERATED BY THIRD PARTIES, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, LOSS OF PROFITS OR OF DATA, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES OR OTHERWISE, EVEN IF ONYX IMPACT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ONYX IMPACT, ITS SERVICE PROVIDERS, AND AFFILIATES FROM AND AGAINST ALL LOSS, CLAIMS, ACTUAL OR THREATENED LAWSUITS, DAMAGES, COSTS, LIABILITIES, AND ANY OTHER EXPENSE ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR ANY ALLEGED VIOLATION BY YOU OR ANY THIRD PARTY OF THESE TERMS.

Certain states do not allow limitations on implied warranties or the exclusion or limitation of certain damages. Therefore, some or all of the above disclaimers may not apply to you.

Links to Third Party Websites

The Site may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are in no way responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from the Site or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Intellectual Property and DMCA

All contents of the Site are copyrighted by Onyx Impact or third parties. All rights reserved. Unless specified otherwise, the Site and all content and other materials on the Site including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, "Content") are the proprietary property of Onyx Impact and are either registered trademarks, trademarks or otherwise protected intellectual property of Onyx Impact or third parties in the United States and/or other countries.

You may copy reprint, publish, reproduce, or otherwise display materials created by Onyx Impact and made available through Onyx Impact (collectively, the "Onyx Impact Works") on the condition that you attribute those materials to Onyx Impact or Onyx Impact, as applicable, and provide a link to the Onyx Impact website (onyximpact.org). Specifically, any article or materials that you reprint or otherwise reproduce must be displayed with its by-line, if applicable.

Except as expressly permitted above, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any material produced by Onyx Impact. Without limiting the generality of the foregoing, you may not distribute any material produced by Onyx Impact over any network, including a local area network, nor sell or offer it for sale.

You may not make any editorial changes to articles or materials without first receiving express permission from Onyx Impact. This provision does not restrict excerpting portions of content in a manner that does not alter the editorial intent.

If any of these terms are breached, we reserve the right to withdraw your license to republish our material at our sole discretion. In this situation, you must take immediate steps to remove our material from all current and past communications.

If you are aware of a potential infringement of our intellectual property, please contact Onyx Impact at support@onyximpact.org.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Site infringes on the copyright, trademark or other intellectual property rights of any person or entity.

If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled "Infringement of Intellectual Property Rights - DMCA." Your notice to us must include the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right's interest;
• A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
• Your name, email, address and telephone number; and
• A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.

Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys' fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on the Site.

You may submit your claim to us by contacting us at: Onyx Impact support@onyximpact.org

Digital Green Book

Your use of the Digital Green Book and the embedded AI Chatbot at digitalgreenbook.org ("Chatbot") (collectively, the "Green Book Content") is subject to these Terms.

Jurisdiction

These terms will be governed and construed in accordance with the State of Georgia, U.S.A., and you agree to submit to the personal jurisdiction of the state of Georgia. Should any part of these terms be deemed invalid by a court, the remaining provisions will remain in full force and effect. Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising from or related to the use of the Site must be filed within one (1) year in a court in Atlanta, Georgia, U.S.A.

Questions

If you have any questions about our Terms of Use, please contact us at support@onyximpact.org.