Terms and Conditions of Use Agreement
PLEASE READ THIS TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS ANY LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
This Terms and Conditions of Use Agreement (“Agreement”) governs the use of the CSD Works website (“Website”) located at https://csdworks.com. This Website contains information about employment opportunities submitted by Employers and allows for Job Seekers to provide CSD with their information and resume so that CSD may share such information with potential Employers and contracting entities.
The Website and all its contents are owned and maintained by Communication Service for the Deaf, Inc. (“CSD”). The use of the name “CSD Works” is interchangeable and synonymous with the use of the trademarked name of “CSD.”
You are permitted to access the Website upon acceptance of and in accordance with the terms and conditions under this Agreement, and as may be modified by CSD from time to time.
Section 1. Definitions
- “Employer” or “Employers” shall mean entities and/or organizations seeking to make available information regarding job openings.
- “Job Seeker” or “Job Seekers” shall mean all individuals viewing a job posting listed on the Website and who submit their personal information to CSD for the purpose of sharing such information with potential Employers or contracting entities.
- “User” or “Users” or “You” shall mean all individuals, entities and/or organizations, including but not limited to, Job Seekers and Employers, who access the Website and/or submit information to CSD through the Website.
Section 2. Job Seekers
- Personal Information Collection and Use. Job Seekers are permitted to voluntarily submit their personal information to CSD for the purposes of: (1) CSD sharing such information with potential Employers and contracting entities and (2) for CSD to share information with Job Seeker about CSD’s services and products. Personal information includes, but is not limited to, name, e-mail address, resume, and any other information that Job Seeker chooses to share with CSD. Job Seekers must be at least age 16 and above to submit personal information to CSD.
- Sensitive Information. CSD does not ask you to provide and advises that you do not provide any sensitive information through the Website. Sensitive information includes, without limitation, social security numbers, drivers license number, state-issued identification card number, or financial information.
- Removal. In the event you no longer want CSD to share your information or contact you, please contact firstname.lastname@example.org. However, CSD will retain your name and email for the purposes of maintaining a no contact list.
- Communications. You agree and consent to receiving electronic communications, notices, and disclosures (collectively, “Communications”) from CSD in connection with your use of the Website at the e-mail you provided to CSD. CSD may contact you about potential job openings that fit your interest/ skills and information regarding CSD’s services and products. If you no longer wish to receive Communications from CSD, please click the unsubscribe link located at the bottom of such Communications or contact email@example.com.
- No Guarantee of Results. CSD MAKES NO CLAIMS OF ANY KIND WITH RESPECT TO THE WEBSITE AND SHALL NOT BE LIABLE FOR YOUR RELIANCE ON ANY STATEMENTS OR DEMONSTRATIONS MADE BY CSD. YOU RECOGNIZE AND AGREE THAT CSD HAS MADE NO IMPLICATIONS, WARRANTIES, PROMISES, SUGGESTIONS, PROJECTIONS, REPRESENTATIONS, OR GUARANTEES TO YOU ABOUT FUTURE PROSPECTS OR RESULTS, OR THAT YOU WILL BE CONTACTED ABOUT JOB OPPORTUNITIES, RECEIVE EMPLOYMENT OR EARN ANY MONEY. CSD HAS NOT AUTHORIZED ANY SUCH PROJECTION, PROMISE, OR REPRESENTATION BY OTHERS.
- No Endorsement or Guarantees of Employers. CSD does not represent or warrant that the entities or organizations that hold themselves out as Employers or otherwise makes available a job posting will: respond to any inquiries made by a Job Seeker; hire a Job Seeker who applies to a job posting; the Employer is a good fit with Job Seeker; or that the Employer will make its job posting or job position if hired accessible to people with disabilities.
- No Guarantee of Accuracy or Availability of Job Postings. CSD does not represent or warrant that: a certain number of job postings will be made available; Job Seeker will be contacted about job opportunities; information about a job posting is accurate or representative of the job position opening; or that the job posting is for a position that is available.
- Links to Third Party Websites. CSD makes no representations whatsoever about any other third party websites (“Third Party Websites”) that you may access though this Website. When you access a Third Party Website, you understand that it is independent from CSD and CSD has no control over the content on such Third Party Website. A hyperlink to a Third Party Website does not mean that CSD endorses or accepts any responsibility for the content, or the use, of the linked Third Party Website. You are responsible for taking all precautions to ensure that whatever you select for your own use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.
- Optional Third Party Tools. CSD may provide you with access to third party tools (“Third Party Tools”) through the links on the Website. CSD does not monitor and does not have any control over such Third Party Tools. You acknowledge and agree that CSD provides access to such Third Party Tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. CSD shall have no liability whatsoever arising from or relating to your use of optional Third Party Tools. Any use by you of optional Third Party Tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third party provider(s).
Section 3. Employers
- Job Postings. Employers may send CSD requests to post job openings on behalf of Employer. Employer may request that CSD remove a job posting at any time by emailing CSD at firstname.lastname@example.org. Upon receipt of a cancellation email from Employer, CSD shall remove the job posting within two business days.
- Information Collected. Upon CSD’s receipt of written permission from Employer to post a job on the Website on behalf of Employer, the information CSD may collect from Employer, includes but is not limited to, Employer’s authorized representative’s name and e-mail address, company name, tagline, company description, website, social network profiles, logo, and details for job postings. Details for job postings may include, but are not limited to, job title, application e-mail address or URL, location, job type, job tags, featured image, description, and closing date.
- Communications. You agree and consent to receiving electronic communications, notices, and disclosures (collectively, “Communications”) from CSD in connection with your use of the Website at the e-mail you provided to CSD. CSD may contact you about potential job candidates and information regarding CSD’s services and products. If you no longer wish to receive Communications from CSD, please click the unsubscribe link located at the bottom of such Communications or contact email@example.com.
- No Discrimination. In its job postings or hiring practices, an Employer or potential Employer must agree to and abide by all anti-discrimination employment regulations, including but not limited to Title I of the Americans with Disabilities Act, the regulations of the Equal Employment Opportunity Commission, and other applicable state and federal laws.
- Equal Opportunity. An Employer or potential Employer must base its employment decisions based on business needs, job requirements and individual qualifications without regard to race, color, religion or belief, national, social or ethnic origin, sex (including pregnancy), age, physical, mental or sensory disability, HIV status, sexual orientation, gender identity and/or expression, marital, civil union or domestic partnership status, past or present military service, or any other status protected by any federal or state laws in the localities Employer is located.
- No Guarantee of Results. CSD MAKES NO CLAIMS OF ANY KIND WITH RESPECT TO THE WEBSITE AND SHALL NOT BE LIABLE FOR YOUR RELIANCE ON ANY STATEMENTS OR DEMONSTRATIONS MADE BY CSD. YOU RECOGNIZE AND AGREE THAT CSD HAS MADE NO IMPLICATIONS, WARRANTIES, PROMISES, SUGGESTIONS, PROJECTIONS, REPRESENTATIONS, OR GUARANTEES TO YOU ABOUT FUTURE PROSPECTS OR RESULTS, OR THAT YOU WILL BE ABLE TO EMPLOY ANY JOB SEEKERS OR EARN ANY MONEY. CSD HAS NOT AUTHORIZED ANY SUCH PROJECTION, PROMISE, OR REPRESENTATION BY OTHERS.
- No Endorsement of Job Seekers. CSD does not endorse any Job Seekers that may respond to or inquire about a job posting or that the Job Seeker is qualified for the position applied.
Section 4. Intellectual Property
- CSD. The Website and all its content are the intellectual property of CSD. Nothing in this Agreement grants or transfers to you or to any third party any ownership rights in the Website and its contents and you agree not to reproduce, distribute, sell, modify, or replicate any content found on the Website. Notwithstanding the foregoing, any content provided by Employers or Third Parties shall remain the property of the respective Employer or Third Party.
- Employers. All logos and tradenames of Employers displayed or used on the Website are the property of its respective Employers and used by CSD with the express written permission by Employers.
- Third Parties. CSD may provide certain services or functionality using third party services (“Third Party Services”). You agree not to copy, reproduce, modify, create derivative works, publish, distribute, transmit, publicly display, or post on any other website any Third Party Services without the consent of such third party. Users agree that that the use of such Third Party Services is subject to any applicable additional terms and conditions which may include the third parties’ terms and conditions.
Section 5. Disclaimers and Limited Liability
- No Guarantee. CSD cannot guarantee that the Website will always function without disruptions, delay, or errors. A number of factors may impact the quality of and the use of the Website, including but not limited to: the User’s computer, local network, firewall, Internet service provider, the public Internet, and power supply. CSD is not responsible for any disruption, interruption or delay caused by any failure of or inadequacy in performance of any kind and for any reason or in any other events over which CSD has no control.
- Not Responsible for Actions of Third Parties. You are solely responsible for your interactions with Third Parties. CSD makes no representations or warranties as to the conduct of Third Parties and shall not be in any way liable for any conduct of any Third Party. YOU HEREBY RELEASE CSD FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (ACTUAL, CONSEQUENTIAL, NOMINAL, PUNITIVE, OR OTHERWISE), EQUITABLE RELIEF, AND ANY OTHER LEGAL, EQUITABLE, AND ADMINISTRATIVE REMEDY, OF EVERY KIND AND NATURE, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, PAST, PRESENT, OR FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR INTERACTION WITH THIRD PARTIES.
- Limited Liability.
- No Indirect or Consequential Damages. To the fullest extent permitted by applicable law, CSD and its subsidiaries (and its respective employees, directors, agents, and representatives) will not be liable for any indirect, incidental, punitive, or consequential damages arising out of or in connection with this Agreement or the Website (including without limitation the inability to use the Website).
- Maximum Effect. The laws of certain states or other jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations may not apply, and there may be rights in addition to those contained in this Agreement. CSD and its subsidiaries’ (and its respective employees, directors, agents and representatives) liability are limited to the greatest extent permitted by law.
Section 6. General
- Independent Contractor. Neither party to this Agreement shall, for any purpose, be deemed to be an agent of the other party and the relationship between the parties shall only be that of independent contractors. Neither party shall have any right or authority to assume or create any obligations or to make any representations or warranties on behalf of any other party, whether express or implied, or to bind the other party in any respect whatsoever.
- Modifications. You can review the most current version of this Agreement at any time on this page. CSD may modify the terms of this Agreement from time to time by sending an e-mail notice to you. If you have not provided an email address to CSD, it is your responsibility to check the Website periodically for changes. Continued use of the Website after any modifications to the terms of this Agreement constitutes your acceptance of such modified terms.
- Indemnification. CSD shall not be obligated to you for any claims, actions, demands, liabilities arising directly or indirectly out of or from your acts or omissions, in connection with: (i) the access or use of the Website; (ii) any violation of any term of this Agreement; or (iii) any breach or violation of a right of any third party or of any law, statute, ordinance or regulation related to use of the Website. You agree to indemnify, defend and hold harmless CSD, its officers, directors, employees, agents, representatives and corporate affiliates from any claims that arise directly or indirectly out of the matters described in this Section 6c, including but not limited to, reasonable attorney’s fees.
- Legal Notices. All legal notices to CSD shall be sent via certified mail, return receipt requested to the address listed below, with a copy sent by e-mail to firstname.lastname@example.org. CSD’s receipt of correspondence by e-mail is for convenience only and does not waive any objections, including the lack of jurisdiction or proper service.
Communication Service for the Deaf, Inc.
Attn: Legal and Compliance
2028 E Ben White Blvd #240-5250
Austin, TX 78741
- No Assignment. User may not transfer or assign any part of or the entire Agreement and the rights hereunder to any other person or entity without CSD’s prior written consent. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the successors and permitted assigns of the parties hereto.
- Voluntary Agreement. You affirm that you have carefully read this Agreement, understand the contents, had an opportunity to fully discuss and review the terms and conditions with legal counsel or other advisors of your choice and at your own cost, and have freely and voluntarily agreed to all of the terms and conditions of this Agreement.
- Severability. If any provision of this Agreement shall for any reason or to any extent be found invalid or unenforceable, the remainder of this Agreement and the application of such provision to other persons, entities or circumstances shall not be affected thereby, but, rather, shall be enforced to the extent consistent with the intent of the parties hereto and permitted by law. Further, in lieu of any provision found to be illegal, invalid or unenforceable, there shall be added automatically as part of this Agreement a provision as similar in terms to such provision deemed illegal, invalid or unenforceable as may be possible and which shall be legal, valid, and enforceable.