Standard Terms and Conditions of Use Agreement
This Standard Terms and Conditions of Use Agreement (“Agreement”) governs the use of the #MakeYourselfCount website, www.makeyourselfcount.org (“Website”) and the #MakeYourselfCount survey (“Survey”).
This Website and Survey are created and operated by Communication Service for the Deaf, Inc. (“CSD”). CSD offers this Website and the Survey to you conditioned upon your acceptance of all terms of this Agreement, and as the terms may be modified by CSD from time to time.
By accessing or using any part of the Website or by participating in the Survey, you agree to be bound by this Agreement. This Agreement applies to all users of the Website, including, but not limited to, users who take the Survey. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or take the Survey.
- Section 1 – Survey
- 1.01 – Access to Survey. Users can take part in the Survey by accessing the Website and clicking the link to take the Survey. Unless specified otherwise, the Survey begins when the Survey link is posted to the Website and ends once Survey results are completed (“Survey Period”). CSD may invalidate a user’s responses to the Survey if the user does not meet the criteria requirements as evidenced by their responses to the Survey questions, or if any of the answers are deemed invalid during the validation review. CSD reserves the right to close the Survey at any time.
- 1.02 – Survey Submissions. You understand and acknowledge that your participation in the Survey is voluntary and that CSD is not requiring you to participate nor is CSD compensating you for your participation. All Survey submissions become the property of CSD and will not be returned.
- Section 2 – Privacy
- 2.01 – Personal Information. “Personal Information” is information that is personally identifiable to you including, but not limited to, your name and e-mail address. You understand and acknowledge that the Survey does not request or collect any Personal Information from you and that all Survey submissions are anonymous. However, you may provide Personal Information when you contact CSD through e-mail, online chat, or otherwise. CSD may retain such information in order to provide you services. Without your prior agreement, CSD will not share, rent, or sell any Personal Information with third parties in any way other than what is disclosed in this Section 2.
- 2.02 – Anonymous Information. “Anonymous Information” means information that is not associated with or linked to your Personal Information and that does not permit the identification of individual persons. All Survey submissions are considered Anonymous Information. CSD may create Anonymous Information from automatically gathered information through use of the Website. In CSD’s sole discretion, CSD may use Anonymous Information for its own purposes and may share Anonymous Information with third parties.
- 2.03 – E-mail Communication. All communication from CSD is sent by e-mail. You may opt out of receiving these e-mail communications by using the unsubscribe link in the footer of any e-mail sent by CSD. However, you understand and acknowledge that by unsubscribing to e-mails, you may not receive notifications and other important information from CSD.
- 2.04 – Legal Requests. CSD cooperates with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud, theft, harassment and other rights. By using the Website, you authorize CSD to disclose any information about you, if CSD believes that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on CSD; (b) protect or defend the rights or property of CSD or third parties; (c) assist in an investigation; or (d) respond to an emergency that poses a threat to the safety of users or other persons.
- Section 3 – Third Party Websites
- 3.01 – 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.
- Section 4 – Restrictions on Use and Prohibited Activities
- 4.01 – Restrictions on Use. The Website, Survey, and any other materials created by CSD are the exclusive property of CSD and may be protected by federal and international copyright and trademark laws. No portion of the Website, Survey, or other materials created by CSD may be reprinted, republished, modified, or distributed in any form without the express prior written consent of CSD. Any rights not expressly granted by this Agreement are reserved by CSD.
- 4.02 – Prohibited Activities. In addition to other activities not permitted in this Agreement, you may not modify, reverse engineer, or decompile any aspects of the Website or Survey or create derivative works based on the Website or Survey. You may not distribute, rent, lease, sell, license, or otherwise transfer rights in the Website or Survey to any other person or entity or make any other commercial use of the Website or Survey. Except for downloading of certain files, when authorized, you may not save the files to your computer or any other storage medium. You may not violate any security or corrupt the Website or Survey in any way.
- Section 5 – Disclaimer of Warranties; Limitation of Liability
- 5.01 – Disclaimer of Warranties. CSD MAKES NO REPRESENTATION AS TO THE COMPLETENESS, ACCURACY, OR CURRENCY OF ANY INFORMATION ON THE WEBSITE OR THE SURVEY. THE WEBSITE AND SURVEY ARE PROVIDED AS-IS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. CSD EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE/NON-INFRINGEMENT TO THE FULL EXTENT PERMITTED BY LAW. CSD DOES NOT WARRANT THAT THE WEBSITE OR SURVEY WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE WEBSITE OR SURVEY WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WESBITE OR SURVEY WILL BE CORRECTED. CSD DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE WESBITE OR THE SURVEY IN TERMS OF THEIR CORRECTNESS, ACCURACY, QUALITY, RELIABILITY, APPROPRIATENESS FOR A PARTICULAR TASK OR APPLICATION, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION PROVIDED BY CSD OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. YOU ARE ENTIRELY RESPONSIBLE FOR AND ASSUME ALL RISK FOR USE OF THE WEBSITE OR SURVEY. CSD IS NOT RESPONSIBLE FOR TRANSMISSION ERRORS OR CORRUPTION OR SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATION LINES.
- 5.02 – Limitation of Liability. IN NO EVENT SHALL CSD BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES) ARISING OUT OF OR RELATED IN ANY WAY TO THIS AGREEMENT, THE WEBSITE OR THE SURVEY OR FOR ANY CLAIM BY ANY THIRD PARTY, EVEN IF CSD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Section 6 – General Provisions
- 6.01 – 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 without notice to you. It is your responsibility to check the Website periodically for changes. Continued use of the Website or the Survey after any modifications to the terms of this Agreement constitutes your acceptance of such modified terms.
- 6.02 – Termination. CSD may disable or bar your access to the Website and the Survey and/or may generally cease providing the Website and the Survey at any time without notice in CSD’s sole discretion.
- 6.03 – 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 or Survey or (ii) any violation of any term of this Agreement. 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 Subsection 6.03, including but not limited to reasonable attorney’s fees.
- 6.04 – Governing Law. The rights and obligations of the parties under this Agreement shall be governed by, and construed in accordance with, the laws of the State of Texas and of the United States, without giving effect to the principles of Texas law relating to conflict or choice of laws.
- 6.05 – Legal Notices. All legal notices to CSD shall be sent to CSD 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.
2028 E Ben White Blvd #240-5250
Austin, Texas 78741
- 6.06 – 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.