Effective February 1, 2015
II. PURPOSE OF THE SITE AND THE APPLICATION – The Site and Application are designed with the purpose and goal of providing a service (‘Service’ or ‘Services’), namely providing an online tool for (1) helping job seekers with disabilities who selfidentify to explore their career interests, see posted jobs, apply for posted jobs see job-related skills training opportunities and other events on a DylanListed Community Calendar and (2) allowing Employers and Service Providers to post jobs and interact with job seekers who meet their search filter criteria and/or who apply for jobs. Thus the Application is generally focused on employment and recruitment of job seekers with disabilities who self-identify as well as skilling and career interests discovery for job seeker with disabilities who selfidentify. Thus the Application may be used as an auxiliary tool in the tool kit of services used by transition professionals who are working with SpEd Students and their parents and SpEd Departments. DylanListed may also make available optional professional services (‘Professional Services’) as an auxiliary service to Users who request it and negotiate pricing for such Professional Services. Professional Services includes but is not limited to on-site training and support to Users, consultation services to transition professionals and SpEd Departments and diversity-related training for Employers and Service Providers.
III. WHO IS A USER – ‘User’ or ‘Users’ refers to registered users of the Application who register and thus create an account (‘DylanListed Account’) in the Application. There are four types of Users. A User that is a SpEd Student (‘SpEd Student’) is an individual who is currently attending a U.S. high school and currently enrolled in special education (‘SpEd’) class/classes. A User that is a Candidate (‘Candidate’) is a job seeker with a disability who self-identifies as a job seeker with a disability and who is not a SpEd Student. A parent (‘Parent’) of a SpEd Student or Candidate is also deemed to be a User under this TOU if (1) the SpEd Student or Candidate is under the age of majority and has authorized the parent to access his/her respective DylanListed Account , (2) the SpEd Student or Candidate is at the age of majority, is competent and has authorized the parent to access his/her DylanListed Account or (3) the SpEd Student or Candidate is at the age of majority, has been declared incompetent and his/her parent or guardian creates a DylanListed Account. A Service Provider is by definition a special category of employer, an entity that principally exists to serve individuals with disabilities (IWDs). A Service Provider thus may be a private for-profit entity, a private not-for-profit organization, a public (city, state or federal) agency or a public-private partnership. A user that is an Employer is an authorized representative of a business entity that is not a Service Provider.
IV. SELF-IDENTIFICATION FOR A LIMITED PURPOSE – Selfidentification by a SpEd Student (or his/her parent/legal guardian as appropriate) or Candidate is done without coercion and for the limited purpose of accessing the Services and the features and functionalities of the Application, all of which are aimed at the purpose of helping the SpEd Student or Candidate to get ready for employment or helping the SpEd Student or Candidate to find employment. It is understood that ‘employment’ refers to any of the various types of work experiences available including but not limited to volunteer positions, paid internship, unpaid internship, part time work, full-time work, temporary assignment, apprenticeship, or independent contractor (freelancer) assignment. V. USER DATA – User Data refers broadly to all of the information, whether optional or required, that a User is prompted to input when he/she accesses the Site and/or the Application. User Data includes training events and other events you submit to DylanListed for approval for publication on the Community Calendar. We ask for User Data because it is information reasonably necessary for carrying out the purpose of the Site and Application. User Data expressly includes but is not limited to your personal identifying information and the comments and feedback you may direct to DylanListed via the Site and/or the Application. In your sole discretion, you determine whether to input any optional information when prompted in the Application. For SpEd Students and Candidates note that optional Information includes but is not limited to ‘disability type’ and ‘employment supports’ (or ‘accommodations’).
VII. TERRITORY – You understand that the Application is currently intended exclusively for Users in the United States of America. If you are not living in the United States, then you should not access or use the Site or the Application.
VIII. TERMINATION – DylanListed LLC at all times and in its sole discretion reserves the right to terminate all or part of the Services, the Site and/or the Application for any reason whatsoever. DylanListed shall have the right to terminate DylanListed Accounts of Users who violate the TOU.
IX. NO SERVICE LEVEL AGREEMENT – There is no Service Level Agreement for Services and DylanListed makes no representation whatsoever about the uptime of Services, the Site or the Application.
X. EXPRESS WARRANTIES and REPRESENTATIONS BY USERS
1. For Users that are SpEd Students (including their parents as appropriate) – You warrant that you are currently a student enrolled in a U.S. high school (or equivalent, including a home school) and assigned at least part of the time to a special education classroom(s) or other special needs program of study or you are a parent/legal guardian of such student. You warrant that your User Data is truthful and that you are competent to provide User Data. When you first sign up to create your account in the Application, you will be prompted to input the name and e-mail address of your Special Education teacher. We do this in order to verify your SpEd Student Account but also as a way to make your SpEd teacher aware that you joined the DylanListed Community and to invite your SpEd teacher to learn more about the Application and to support you in your use of the Application. When you create your account in the Application you are also prompted to input the name and email address of a parent/legal guardian. We do this so that your parent/legal guardian can engage with you in the Application and support you in your journey for job readiness, training and employment. Upon your graduation from high school, per your IEP or otherwise, you understand that your SpEd Account shall expire and you will need t0 subscribe as a Candidate in order to continue to access the Application as a User. You warrant and represent that the (optional) photo (‘Selfie’) is your photo depicting you and not any other person. You further warrant that you have the right to upload the (optional) video and (optional) attachments you may input as part of your User Data. 2. For Candidates – You warrant that you reside in the United States, are a (non-SpEd Student) job seeker that is at least 18 years of age and voluntarily self-identify as having one or more disabilities. You warrant that you are competent to access the Services and your User Data are truthful. You understand that you may optionally invite your parent or legal guardian to engage with you in the Application by giving the parent or legal guardian access to your DylanListed Account. You further warrant that you are actively seeking employment and are available for employment and/or training opportunities. 3. For Employers – You represent and warrant that you are an authorized representative of an Employer entity in the United States that wants in good faith to post its open and available jobs in the Application and access the DylanListed talent pool of job seekers with disabilities who self-identify. 4. For Service Providers – You represent that you are an authorized representative of a Service Provider entity in the United States that wants in good faith to post its open and available jobs in the Application and access the DylanListed talent pool of job seekers with disabilities who self-identify. You are free to contact SpEd Students and Candidates if you wish to introduce your (supported employment) services and/or you wish to offer your services in the verification of the SpEd Student’s or Candidate’s functional skills and other information per their User Data. If you enter into an agreement with the SpEd Student (through his/her Parent as appropriate) or Candidate for the verification of his/her functional skills, you are advised to update the information in their account and to send an e-mail to Admin@DylanListed.com so that we may badge that SpEd Student or Candidate profile with a recognition badge that effectively conveys the message that the SpEd Student or Candidate functional skills data have been verified.
XI. ADDITIONAL TERMS AND PROVISIONS GOVERNING CONDUCT OF ALL USERS – You agree as follows: 1. You shall not post or input anything that may be deemed to be offensive, racist, bigoted, or that threatens harm to an individual or an animal or incites damage to property. 2. You shall not post any material as part of your User Data that is harmful to minors within the meaning of the Child Online Protection Act (COPA). 3. Your posting/input shall not be of a nature that promotes any criminal activity. 4. You shall not engage in transmission of junk mail, chain letters or spamming. 5. You shall not interfere with or unduly burden or try to disrupt the Services and/or the functioning of the Site and the Application. 6. You shall not use the Services, the Site or the Application in ways inconsistent with their stated purpose and goals.
XII. PASSWORDS – Your unique password (‘Password’) is the way that you control access to your DylanListed Account. You are prompted to create a unique Password, as well as a unique User ID, upon first joining the DylanListed Community. You will need to provide your e-mail address in order to access and use the Application. When you first join DylanListed, you will receive an automatically generated e-mail that will show the User ID and Password you input upon creating your DylanListed Account. The e-mail is sent as a service to you to help you to have a record of your password. You should not share that email with anyone, except that SpEd Students or Candidates may share the information with a parent/legal guardian. DylanListed Administration does not see or store your Password. You should routinely log out of the Application when you are finished with a use session and this is especially important when you are using another’s computing device to access the Application. Best practice advocates that you periodically change your password and that you use a strong password.
XIII. BADGES – A badge (‘Badge’) is a visual icon or graphic displayed on the About Me profile of a SpEd Student or Candidate or the profile of an Employer or Service Provider. DylanListed in its sole discretion creates original badges and in its sole discretion assigns badges to a User if in the best knowledge of DylanListed that User has demonstrated he/she meets the criteria set by DylanListed for that badge. The types of badges utilized will be published from time to time on the Site. A User may recommend another User for a given Badge by giving feedback to Admin@DylanListed.com as ‘Comment or Praise in the Support link of the Application and providing relevant information.
XIV. VANITY URL – A Vanity URL is one of the features of the Application. It is an automatically generated ‘virtual resume’ based on information you input in the ‘About Me’ module of the Application. Subject to limitations per provisions in Paragraph IX below, DylanListed does not share your Vanity URL with third parties who are not Employers or Service Providers. Please be aware that You are able to share the Vanity URL with your contacts who are not DylanListed Users. You should review your Vanity URL to ensure you are comfortable with the information displayed therein for sharing with your contacts. You should exercise caution in how you share your Vanity URL and only share it with your trusted contacts who will use the information therein for helping you to find employment and/or acquire/enhance functional skills for jobs. We are not responsible for misuse of your Vanity URL.
XV. THIRD PARTY CONTENT – As used herein, Third Party Content includes but is not limited to logos of our partners, links to websites of our partners, links to websites, videos and other content of Employers and Service Providers, links to videos authored by/controlled by third parties and posted on the Video Wall feature of the Application. When you access Third Party Content please be aware that owners of the Third Party Site Owners may collect information about you, including your personal identifying information. DylanListed is not responsible for such Third Party Content and does not control Third Party Content. Third Party Content, including videos accessible via the Video Wall in the Application is offered as a service feature to you. You are advised to review the respective privacy policies that apply to the Third Party Content.
XVI. WE DO NOT STORE YOUR CREDIT CARD INFORMATION – Access and use of the Application (exclusive of DylanListed Professional Services) is offered to Users free of a subscription fee charge for a limited time. When we start charging subscription fees they will be assessed as a one-time, annual subscription fee with a single payment up-front. The ecommerce (third party gateway) payment application that we use is such that we shall not store credit card information of Users.
XVII. COMMUNITY CALENDAR FEATURE – Publication of training events and other events on the Universal Calendar is a feature of the Application. DylanListed is not responsible for and does not own or control events posted on the Calendar, unless the event is noted to be a DylanListed Event or DylanListedSponsored Event. Employer Users and Service Provider Users: If you wish to share with the DylanListed Community training and other events that you sponsor, produce or control, you may submit the event-related information by selecting ‘Calendar’ on the Support feature of the Application. We will review the information, may contact you to get clarification of it and then we will publish the event on the Community Calendar.
XVIII. POSSIBLE FIT CANDIDATES – Employers and Service Providers, please note that none, one or more than one SpEd Student(s) and Candidate(s) may display (on your Dashboard) as ‘Possible Fit Candidates’ for jobs you posted when you do a search based on your selected Search Filters. Additionally, the automatically generated ‘percentage match’ (a calculated correspondence between a User’s workstyle preferences, career interests and any given posted job) feature is offered for informational purposes only and a User may not rely upon it. DylanListed LLC makes no representations or warranties whatsoever about the actual ‘fitness’ of any SpEd Student or Candidate for a job posted in the Application. Features and functionalities and User Data are for your informational purposes and you access them within the spirit of the purpose and goals of the Services and the Application. You in your sole discretion determine whether or not to initiate direct contact with a Possible Fit Candidate for further exploration of his/her candidacy and further steps in your company/organization’s respective recruitment processes.
XIX. INTELLECTUAL PROPERTY – You retain copyright in your User Data that you input via the Application based on prompts of the Application. DylanListed LLC, and SureScore, Inc., the licensor entity that powers the Application, retain intellectual property rights in the software (‘Software’) underlying the features and functionalities of the Application. DylanListed LLC is the owner of the Site and reserves intellectual property rights to the Site and content displayed on the Site (other than Third Party Content and logos of DylanListed Partners) and expressly including the videos and images on the Site. DylanListed’s intellectual property expressly includes the ‘DylanListed’ word mark and the corresponding company logo, the slogans ‘Empowered Here, Hired Here’℠ and “Let’s Work Inclusively’℠ and the domains www.DylanListed.com and www.DylanListedjobs.com. DylanListed is the sole owner of copyright in the original DylanListed-created badges which expressly includes the Functional Skills Verified Badge. The DylanListed ‘Partner’ logos posted on the Site are owned by their respective Partner entities who respectively reserve all rights therein.
XX. NOTICES PURSUANT TO THE DIGITAL MILLENNIUM COPYRIGHT ACT (‘DMCA’) – If you believe that the Site and/or the Application contains content that you in good faith believe infringes the copyright, yours or those of another party, then please contact the Copyright Administrator at DylanListed LLC at the address below and include the following information in your notice letter:
(1) Name of the owner of the copyright in the work allegedly infringed, including electronic or physical signature of the person authorized to speak on behalf of the owner of copyright in the relevant work allegedly infringed; (2) Identification of the work allegedly infringed, along with sufficient information so that DylanListed LLC can locate the work on the Site or the Application; (3) Identification of the material or part of the work infringed that gives rise to the claim of alleged infringement; (4) A statement of a good faith belief that the copyright owner did not authorize the use of the work allegedly infringed; (5) Information sufficient to enable DylanListed LLC to contact the complaining party and (6) A statement that the information provided in the letter of notice is accurate and that the complaining party is authorized to act on behalf of the owner of copyright in the work allegedly infringed.
Mail notice to:
DylanListed℠ Copyright Administrator, 17304 Preston Road, Suite 800 Dallas, Texas 75252
XXI. INDEMNIFICATION – You agree to indemnify and hold harmless DylanListed, LLC, its employees, agents, independent contractors, owners, officers, assignees, partners and SureScore, Inc., and its respective employees, agents, owners, directors, officers, independent contractors and assignees, from and against all third party claims (including reasonable attorney’s fees in connection thereof) resulting from your breach of this TOU, including but not limited to your breach of warranties and representations and Rules of Conduct.
XXII. No partnership, No agency – You understand that DylanListed LLC is not an agent or joint venturer of SureScore Inc. or any of the ‘partners’ identified on the Site. The relationship between DylanListed LLC and SureScore Inc. is that of Licensee and Licensor, respectively. DylanListed LLC has not entered into any partnership agreement with any of the entities whose logos are displayed on the Site. The term ‘partners’ has no legal significance and is used simply for convenience. There is no agency or joint venturing agreement between DylanListed LLC and any of the entities whose logos are displayed on the Site. DylanListed LLC and the entities whose logos are displayed on the Site simply agreed to co-promote their respective businesses or organizations by posting each other’s logos on each other’s respective websites. The individuals identified as ‘advisers’ on the Site are not members of any Board of DylanListed LLC and currently do not have any formal role with DylanListed LLC. They are simply individuals to whom the owners of DylanListed turn for expertise and whom DylanListed wishes to recognize for their advice, time and expertise.
XXIII. NO WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE OR USE – You understand that the Services, Site, Application and underlying Software are offered AS IS and come with no warranty whatsoever about their fitness for any particular use or purpose.
XXIV. STATEMENT ON ACCESSIBILITY of the SITE AND the APPLICATION – Users that need an accommodation or assistance with completing their information, inputting their User Data in the Application should contact the DylanListed Team via Admin@DylanListed.com. DylanListed LLC will take reasonable steps to ensure that Users seeking assistance from DylanListed get the help they need in order to access the features and functionalities of the Application.
XXV. NO GUARANTEE OF SUCCESS OR ANY PARTICULAR RESULT – DylanListed LLC makes no representations whatsoever about (1) A SpEd Student’s or Candidate’s ability to find employment via the Services or the Application or (2) The accuracy, completeness, truthfulness or other quality of User Data visible to Users, even if functional skills of the SpEd Student or Candidate have been verified by a Service Provider or another SpEd Student-authorized or Candidate-authorized party.