Easterseals New York

Terms of Use

ESNY CareerFinder

Registered participants in SCSEP at Easterseals New York can use the CareerFinder system.

CareerFinder System Dashboard

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1.  Introduction

 

Thank you for visiting the CareerFinder: Easterseals New York Vocational Services website.  Please read these Terms of Service and our Privacy Policy carefully, as you must agree to both documents in order to be permitted to use our Site.

 

2.  Definitions

 

Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them.  The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:

 

“Agreement” means these Terms of Service;

 

“ESNYCareerFinder.org” refers to the company which powers this Site, known as “Swift Innovative Technologies, LLC.”; our organization, known as Easterseals New York; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context of the word;

 

“Service” refers to the services that we provide through our Site, including our Site itself and any of the information or interactive features offered through it;

 

“Site” refers to our website, http://esnycareerfinder.org;

 

“User” refers to anyone who interacts with our Site, including those who only access it and take no further action in relation to it;

 

“You” refers to you, the person who is entering into this Agreement with ESNYCareerFinder.org.

 

3.  What ESNYCareerFinder.org Offers

 

ESNYCareerFinder.org is a brochure website meant to convey information about some of the career services Easterseals New York (ESNY) provides, share links to other third party free career development services, and provide a gateway to contact ESNY electronically.

 

Our Site is intended for potential and current participant clients of ESNY as well as other State agency staff or clients of Easterseals New York who may visit our site to see what ESNY clients have access to.  Members of the public are also free to access our Site.

 

4.  Eligibility

 

In order to use our Service, you must meet a number of conditions, including but not limited to:

 

• You must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over this Agreement, ESNYCareerFinder.org, and yourself.

 

• You must not have previously created any other profile with ESNYCareerFinder.org, unless you receive prior permission from ESNYCareerFinder.org to create an additional account.

 

• You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age.

 

5.  Nature of Service

 

ESNYCareerFinder.org is a free Site.  It is offered on an as-is, where-is basis and ESNYCareerFinder.org makes no warranties or other representations about the reliability of the Site.  You agree to release ESNYCareerFinder.org from all liability relating to the use of our Service.

 

6.  Rules of Use

 

After meeting the eligibility requirements to use ESNYCareerFinder.org, the use of our Service is still subject to additional rules.  You must not:

 

• Violate the laws of the United States, its states, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.

 

• Using any widgets or other interactive tools on our Site, including the “Receive A Reply” submission tool, to send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of ESNYCareerFinder.org or its delegates.

 

• Be fraudulent or negligent in your representations, including but not limited to representations about your experience, education, credentials, or status as a veteran when applying for a job with a third party.

 

• Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.

 

• Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of our Site, Service, or Users’ computers.

 

• Do anything else which, at our sole discretion, is objectionable.

 

7.  Our Copyright

 

Our Site’s content helps to distinguish us from third parties and enables individuals to find us in search engines by being indexed by those search engines.  You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site, including content licensed to us by third parties, without receiving our prior written permission.

 

8.  Trademarks

 

“ESNY,” “ESNYCareerFinder,” “Easterseals New York,” and any other variations thereof are marks used by us, ESNYCareerFinder.org, to uniquely identify our Site and Service.  You agree not to use these marks anywhere without our prior written consent.  Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent.  You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own employment-related service.

 

9.  Revocation of Consent

 

We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time.  You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.

 

10.  Representations & Warranties

 

WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE.  YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT.  TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.

 

YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.

 

WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.

 

THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT.  NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.

 

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law.  Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

 

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES.  FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF 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 OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."  YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE.  YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

 

11.  Indemnity

 

You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our Site or acceptance of the offers contained on it.  You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases.  You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements.  In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.

 

12.  Choice of Law

 

This Agreement shall be governed by the laws in force in the State of New York.  The offer and acceptance of this contract are deemed to have occurred in the State of New York.

 

13.  Forum of Dispute

 

You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of New York.  Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be heard solely within the lowest court of competent jurisdiction (“Small Claims Court”).

 

If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.

 

If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court.

 

You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.

 

You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.

 

 

14.  Force Majeure

 

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

 

15.  Severability

 

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement are deemed to conflict with each other’s operation, ESNYCareerFinder.org shall have the sole right to elect which provision remains in force.

 

16.  Non-Waiver

 

ESNYCareerFinder.org reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law.  Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

 

17.  Termination & Cancellation

 

We may terminate your access to our Site and Service at our discretion without explanation or notification, though we will strive to provide a timely explanation in most cases.  In such an event, we shall not be liable to you for any damages whatsoever which may be incurred as a result of this termination.

 

18.  Assignment of Rights

 

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent.  We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

 

19.  Amendments

 

We may amend this Agreement from time to time.  When we amend this Agreement, we will update this page accordingly.  You must read this page each time you access our Site and if it has changed, your continued use of our Site shall constitute your acceptance of such changes.

 

Last Modified: February 1, 2018

 

 

 

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Easterseals New York Vocational Services

42 Broadway, Suite 1801, New York, NY 10004

212-943-4364 (tel) | 212-943-4610 (fax)

www.eastersealsny.org

 

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