These Terms of Service (this “Agreement”) are entered into between you and Centro de los Derechos del Migrante, Inc. (“CDM” or “we” or “us”) concerning your use of and access to the site currently located at elportalmigrante.org (together with any materials and services available therein, and successor sites thereto, the “Site”). The Site includes the online service by which individuals or organizations seeking to make available information regarding employment openings (“Employers”) may post, and individuals seeking employment (“Job-Seekers”) may search for employment opportunities (the “Job Board”). This Agreement hereby incorporates by this reference any additional terms and conditions posted by CDM through the Site, or otherwise made available to you by CDM.
By [clicking the button labeled with “I AGREE” or similar wording, or by] accessing or using the Site, you (both for yourself and the company or organization on whose behalf you are acting) (a) acknowledge and accept, and agree to be bound by, this Agreement, (b) affirm that you are of legal age to enter into this Agreement or, if you are not, that you have obtained parental or guardian consent to do so, and (c) if you are acting on behalf of any company or organization, affirm that you have the legal authority to bind such company or organization to this Agreement. References to “you” and “your” in this Agreement will refer to both the individual using the Site and to any such company or organization.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 17 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.
- Changes. We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. Your use of the Site after such date will constitute your acceptance of such changes. We may, at any time and without liability, modify or discontinue all or part of the Site; charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users.
- Jurisdictional Issues. The Site is controlled and/or operated from the United States, and is not intended to subject CDM to any non-U.S. jurisdiction or law. The Site may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules, and regulations (“Laws”) in doing so. We may limit the Site’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
- Rules of Conduct.
In connection with the Site, you must not:
- post, transmit or otherwise make available through or in connection with the Site any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
- post, transmit or otherwise make available through or in connection with the Job Board any advertisements for or descriptions of employment opportunities (“Job Listings”) that discriminate against applicants on the basis of gender, race, religion, sexual orientation, age, disability or any other grounds prohibited by applicable Laws, or that otherwise fail to comply with applicable Laws, including those relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property.
- post, transmit or otherwise make available through or in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
- use the Site for any commercial purpose except as expressly permitted hereunder, or for any purpose that is fraudulent or otherwise tortious or unlawful.
- harvest or collect information about users of the Site.
- interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of the Site; or violate any requirement, procedure or policy of such servers or networks.
- restrict or inhibit any other person from using the Site.
- reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Site, except as expressly permitted hereunder, without CDM’s express prior written consent.
- reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable Laws.
- remove any copyright, trademark or other proprietary rights notice from the Site.
- frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service, without CDM’s express prior written consent.
- systematically download and store Site content.
- use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Site content, or reproduce or circumvent the navigational structure or presentation of the Site, without CDM’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, CDM grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. CDM reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
- Transactions. If you are an Employer, you may be charged if, and as, indicated by the Site to post a Job Listing (a “Transaction”). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date and your billing address. You represent and warrant that you have the right to use any credit card that you submit in connection with a Transaction. By submitting such information, you grant the CDM the right to provide such information to third parties for purposes of facilitating Transactions. CDM may also provide such information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. CDM will not be liable for any use or disclosure of such information by such third parties. Verification of information may be required prior to the acknowledgment or completion of any Transaction. CDM reserves the right, including without prior notice, to impose additional conditions on any Transaction or bar any user from making any Transaction. Refunds (if any) are at the sole discretion of CDM. You agree to pay all charges incurred by you or on your behalf through the Site, at the prices in effect when such charges are incurred. In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm Transactions by e-mail, the receipt of an e-mail confirmation does not constitute our acceptance of a Transaction or our confirmation of an offer to sell a product or service.
- Registration; User-names and Passwords. You may need to register to use all or part of the Site. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential. You, and not CDM, are responsible for any use or misuse of your user name or password. You must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your Site account.
- Submissions. You and other Site visitors may make available certain materials, including Job Listings, other Job-Seeker or Employer information, and other content (each, a “Submission”) through or in connection with the Site, including on profile pages or on the Site’s interactive services, such as the Job Board, message boards and other forums, and chatting, commenting and other messaging functionality. CDM has no control over and is not responsible for any use or misuse (including any distribution) by any third party of Submissions. CDM makes no representations as to: (a) the completeness, accuracy, reliability, validity or timeliness of such Submissions, and assumes no responsibility for unintended, objectionable, inaccurate, misleading or unlawful Submissions; or (b) the quality, safety or legality of the jobs described in Job Listings.
Without limiting Section 7, if you are a Job-Seeker, you agree that by submitting your resume through the Site, you are requesting and authorizing CDM to make available your resume to any Employer that CDM believes may have an interest in your resume. In addition, when you indicate your interest in a Job Listing through the Site, you are sending your resume and application information to CDM, and requesting and authorizing CDM to make available that information to the applicable Employer for such Job Listing or for any similar Job Listing. CDM does not guarantee that any Employer will receive, access, read or respond to any such resume or application material.
Please note that Section 230 of the U.S. Communications Decency Act (47 U.S.C. § 230) provides the following:
- Treatment of publisher or speaker. No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.
- Civil liability. No provider or user of an interactive computer service shall be held liable on account of:
- any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or
- any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1).
In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Site or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place CDM under any fiduciary or other obligation.
You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submissions, and your provision thereof through and in connection with the Site, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable Laws or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable Laws under any legal theory.
- Monitoring. We may (but have no obligation to) monitor, evaluate, alter or remove Submissions for any reason before or after they appear on the Site, or analyze your access to or use of the Site. We may disclose information regarding your access to and use of the Site, and the circumstances surrounding such access and use, to anyone for any reason or purpose.
- Your Limited Rights. Subject to your compliance with this Agreement, and solely for so long as you are permitted by CDM to use the Site, you may view one (1) copy of any portion of the Site to which we provide you access under this Agreement, on any single device, solely for your personal, non-commercial use.
- CDM’s Proprietary Rights. We and our licensors own the Site, which is protected by proprietary rights and laws. All trade names, trademarks, service marks and logos (“Trademarks”) on the Site not owned by us are the property of their respective owners. You may not use our Trademarks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any right to use any Trademarks without the express prior written consent of the owner.
- Third Party Materials; Links. Certain Site functionality may make available access to information, products, services, and other materials made available by third parties, including Submissions and information originally made available by third parties and posted by CDM to the Site (“Third Party Materials”). The Site may allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.
We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement will be deemed to be a representation or warranty by CDM with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Site at any time. In addition, the availability of any Third Party Materials through the Site does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.
YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).
- Disclaimer of Warranties. To the fullest extent permitted under applicable law: (a) the Site (including the Job Board), and any Third Party Materials are made available to you on an “As Is,” “Where Is” and “Where Available” basis, without any warranties of any kind, whether express, implied or statutory; and (b) CDM disclaims all warranties with respect to the Site (including the Job Board) and Third Party Materials, including the warranties of merchantability, fitness for a particular purpose, non-infringement and title. All disclaimers in this Agreement are made for the benefit of CDM and its directors, officers, employees, affiliates, agents, representatives, licensors, suppliers, and service providers (collectively, the “Affiliated Entities”), and their respective successors and assigns.
While we try to maintain the timeliness, integrity and security of the Site, we do not guarantee that the Site is or will remain updated, complete, correct or secure, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors, and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any such alteration, contact us at elportalmigrante.org with a description of such alteration and its location on the Site.
- Limitation of Liability. To the fullest extent permitted under applicable law: (a) CDM will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, tort (including negligence), strict liability or other theory, including damages for loss of profits, use or data, loss of other intangibles, loss of security of Submissions (including unauthorized interception by third parties of any Submissions), even if advised in advance of the possibility of such damages or losses; (b) without limiting the foregoing, CDM will not be liable for damages of any kind resulting from your use of or inability to use the Site, your interaction with other users of the Site (whether online or offline), or from any Third Party Materials, including from any Virus that may be transmitted in connection therewith; (c) your sole and exclusive remedy for dissatisfaction with the Site, interaction with other users, or any Third Party Materials is to stop using the Site; and (d) the maximum aggregate liability of CDM for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, will be the greater of (x) the total amount, if any, paid by you to CDM to use the Site and (y) ten U.S. Dollars ($10). All limitations of liability of any kind are made for the benefit of both CDM and the Affiliated Entities, and their respective successors and assigns.
- Indemnity. To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless CDM and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Site (including all Submissions); and (b) any violation or alleged violation of this Agreement by you.
- Termination. This Agreement is effective until terminated. CDM may terminate or suspend your use of the Site at any time and without prior notice, for any or no reason, including if CDM believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Site will immediately cease, and CDM may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. Sections 2,3, 6–8 and 10–21 shall survive any expiration or termination of this Agreement.
- Governing Law; Arbitration. The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and the State of New York, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. Except for disputes that qualify for small claims court, all disputes arising out of or related to this Agreement or any aspect of the relationship between you and CDM, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that CDM and you are each waiving the right to trial by a jury. Such disputes include disputes arising out of or relating to interpretation or application of this arbitration provision. You agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action.
The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at: https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
- Filtering. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that CDM does not endorse any of the products or services listed on such site.
- Information or Complaints. If you have a question or complaint regarding the Site, please send an e-mail to [email protected] You may also contact us by writing to Centro de los Derechos del Migrante, Inc. 822 Guilford Avenue, Box #970, Baltimore MD 21202-3707, or by calling us at +1-410-783-0236. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (800) 952-5210.
- Copyright Infringement Claims. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send to the CDM a written notice by mail, e-mail or fax, requesting that CDM remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to CDM a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to CDM as follows: By mail to Centro de los Derechos Del Migrante at 822 Guilford Avenue 970, Baltimore, MD 21202; by e-mail to [email protected]; or by fax to (443) 817-0806. CDM’s phone number is (410) 783-0236. We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
- Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, franchisor-franchisee or attorney-client relationship between you and CDM. For the avoidance of doubt, CDM is not acting as a legal services provider in connection with the Site. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and CDM relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and CDM relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Site or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. CDM will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
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