Terms of Use

Terms of Use for Website

Terms of Use

Last Updated: Dec 21, 2020

 

 

This following websites and their services and products (collectively, the “Site”) are maintained and operated by Contract Services Administration Trust Fund, Contract Services Administration Training Trust Fund and its Affiliated Parties (as defined below) (“Us,” “We” or “Our”): https://www.csatf.org, https://portal.csatf.org and https://team.csatf.org. Your use of this Site and of the products and services provided through it are governed by and subject to these Terms of Use (“Terms”).

By using Our Site (including by simply viewing its content), User, which means any individual or employer or any employer’s authorized representative (collectively “User”, “You” or “Your”) , who accesses or views Our Site, agrees to abide by the Terms as set forth below. These Terms are between You and Us and govern Your access to and use of the Site and the products and services offered by Us. Your access to and use of the Site and its content are conditioned on Your acceptance of and compliance with these Terms.

We do not represent that Our Site is governed by or operated in accordance with the laws of other nations, or that Our Site or any portion of it is appropriate or available for use in any particular location. If You choose to access Our Site, You do so at Your own risk, and You are responsible for complying with all local laws, rules and regulations.

You may access, browse and use the Site and its content only for limited purposes. If You are an individual, Your use is limited to Your personal, non-commercial use, on a single computer or other Internet-compatible devices. If You are an employer, Your use is limited to those uses permitted by any contract You have with Us or as is otherwise authorized by Us.

1. Legal Agreement

These Terms are a legal agreement between You and Us and contain important information regarding Your legal rights, remedies and obligations. By accessing, browsing or otherwise using the Site, You: (i) acknowledge You have read, understand, and agree to be bound by these Terms; (ii) agree to comply with all applicable laws, rules and regulations with respect to Your use of the Site; and (iii) represent You are an adult and have the legal capacity to enter into contracts in the jurisdiction where You reside.

Our permitting You access to Our Site is conditioned on Your agreeing to all of the Terms, including Your compliance with Our policies, including Our Privacy Policy.

 

If You do not agree to these Terms, You may not access, browse or use the Site, and should discontinue Your activities immediately. If You access Our website, You are agreeing to these Terms.

We may from time to time amend these Terms and/or Our Privacy Policy. Those changes will be posted on Our Site and may also be communicated to You by any written contact method We have with You. However, these changes take effect on the date posted on Our Site.

2. Definitions

Contract Services includes the Contract Services Administration Trust Fund and the Contract Services Administration Training Trust Fund, and their trustees, officers, directors, shareholders, employees, attorneys and agents (current and past) and any affiliates, individually and collectively, doing business as Contract Services Administration Trust Fund and/or Contract Services Administration Training Trust Fund, and any related individuals or entities.

Affiliated Parties means Contract Services Administration Trust Fund, the Contract Services Administration Training Trust Fund, and any related individuals, affiliates and subsidiaries, and any of their trustees, directors, officers, shareholders, employees, representatives, consultants, attorneys, agents, suppliers, distributors, licensees or licensors.

Service or Services means any of the Site or other products or services provided or offered by Us, including those described in these Terms, whether through a website owned, maintained or controlled by Us, through a social network, a mobile application, on a cellular telephone or otherwise.

3. Privacy

We respect privacy of our Users and share Your collective concerns about its protection. Our Privacy Policy constitutes a part of these Terms and explains how We collect, use and protect information that We learn about You as a result of Your interaction with Us through the Site. You can find Our Privacy Policy here https://portal.csatf.org/privacy-policy.

You understand and agree by using Our Site to the collection, use and disclosure of User personally identifiable information (“PII”) as set forth in Our Privacy Policy which can be found https://portal.csatf.org/privacy-policy. You also agree to have all User PII collected, used, transferred to and processed in the United States and elsewhere.

We have technical, administrative and physical safeguards in place to help protect against unauthorized access to, use and disclosure of the PII and other information We maintain. Access to this information is authorized only for those who have a business need for such access.

Our system automatically records information created by any use of Our Site. That information or Log Data may include details such as the User’s IP address, browser type, operating system, the referring web page, pages visited, location, Your mobile carrier, device and application IDs, search terms, and cookie information. We receive Log Data when Users interact with Our Site. Such interaction may occur when Users visit Our Site, sign into Our Site, interact with Our email notifications, and so on. We use Log Data to provide Our Services and Content (see definitions above at Paragraph 2 for Services, and below at Paragraph 5 for Content), and to measure, customize and improve Our Site and its Content and Services.

We also reserve the right to reveal the identity or any PII or other information We know about any User in the event of a complaint or legal action arising from any message from any User to Us, any breach of Our Terms and/or Privacy Policy, or where such information is otherwise relevant or legally required to be disclosed. We may log all Internet Protocol addresses accessing the Site and other information about any User Account, User access and may maintain back-up copies of Content indefinitely.

We will do Our best to keep the PII data We maintain secure. However, no program is totally secure. Therefore, We cannot guarantee that Our safeguards will prevent every attempt at unauthorized access or use, or the disclosure of any PII. If You become aware of a security breach, please notify Us immediately at cybersecurity@csatf.org.

4. User Qualifications

We require an individual to be at least eighteen (18) years old to be a User on Our Site. This Site is not directed toward children under 13 years of age nor do We knowingly collect information about children under 13. If You are under 13 years of age, You are not permitted to submit any PII to Us. If a parent becomes aware any of his/her children has submitted PII to Us, please immediately notify Us at cybersecurity@csatf.org.

If You had an Account with Us which was previously terminated by Us or You otherwise had Your access to Our Site terminated, You will not be permitted to become a User without Our express consent, which We may give or withhold in Our absolute discretion.

5. Ownership

Contract Services and its Affiliated Parties, distributors, vendors, contractors, licensors and/or licensees are the exclusive owners or licensees of all the content and materials on the Site (the “Content”) and of all related intellectual property rights therein, including, but not limited to, all copyrights, moral rights, trademark rights and patent rights. Content includes, but is not limited to, all features, functions, services, software, algorithms, designs, objects, documentation, know-how, code, data, art, graphics, animation, photographs, images, text, music, sound effects, audio and/or audio-visual elements, downloadable materials, look-and-feel, design, layout, organization, presentation, User interface, navigation and stylistic convention of the Site.

All trademarks, trade names, copyrights, logos and service-marks (collectively, the “Marks”) related to Our intellectual property are Our exclusive property. Unauthorized use of any of the Marks or of any word, term, name or symbol that is likely to cause confusion or mistake with respect to the User's connection or association with Us, or Our approval or sponsorship of the User’s products or services, or that is likely to dilute any of Our Marks is strictly prohibited by law. All third party trade names, trademarks, logos and service marks, if any, that appear on the Site are the property of their respective owners.

You do not acquire any ownership interests in any Site Content or the Marks by accessing, browsing or otherwise using the Site. You may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise exploit, through any means or media, any of the Marks or the Site's Content.

6. Our Site Access Rules

You warrant and agree that, while accessing or using the Site, You will not:

  • hack, attack, copy or alter any Content on the Site or obtain or attempt to gain unauthorized access to Our Site and/or other computer systems, materials, information or any Content or Services available on or through the Site through any means, including through means not intentionally made publicly available or provided through the Site;
  • engage in any automatic or unauthorized means of accessing, logging-in or registering on the Site, or obtaining lists of users or other information from or through the Site, including any information residing on any server or database connected to the Site;
  • use the Site or any of its features, Content and/or Services in any manner that could interrupt, damage, disable, overburden or impair the Site or interfere with any other user’s use and enjoyment of the Site, including, but not limited to, sending chain letters, pyramid schemes, spam, mass unsolicited messages or “flooding” servers;
  • engage in spamming, flooding, harvesting of email addresses or other personal information, spidering, “screen scrapping,” “database scraping,” or any other activity whose purpose is to obtain lists of users, their PII or any other information We maintain about Site visitors;
  • remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices contained in or on the Site or any of its Content or any of Our code embedded in or embeddable on Our Site or on a third party website and/or Our software or any software on any third party website;
  • submit any comments, content or materials to Us or any third party website that falsely expresses or implies those comments or Content or materials are endorsed by Us;
  • use the Site or any of its Services in violation of the intellectual property or other proprietary or legal rights or Our rights or those of any third party;
  • use the Site to violate the security of any computer network or transfer or store illegal material;
  • use the Site or any of its Content and/or Services in violation of any applicable law;
  • use false information or impersonate any person or entity or misrepresent Your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Site or any person or entity otherwise affiliated with Us;
  • post, upload, transmit, publish, reproduce or otherwise disseminate through the Site any Content that We determine in Our sole discretion is: (i) unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, discriminatory, or otherwise infringes Our or any third party’s intellectual property or other rights; (ii) is derogatory or harmful to Our reputation or that of any affiliated individuals or entities, including Affiliated Parties; (iii) is harmful to children in any manner; and/or (iv) seeks to or discriminates against any individual based on race, gender, national origin, sexual preference, physical or mental handicap or on any other basis;
  • use an inappropriate username or screen name;
  • use as a User ID or a name subject to any rights of a person other than yourself without appropriate authorization and/or use tools which anonymize Your Internet Protocol address to access Our Site;
  • attempt (or encourage or support anyone else’s attempt) to circumvent, reverse-engineer, decrypt, or otherwise alter, or interfere with, the Site or any of its Content and/or Services;
  • submit false or misleading information to Us;
  • modify, adapt, disassemble, decompile, translate, reverse engineer or otherwise attempt to discover the source code or structure, sequence and/or organization of Our Site or any portion thereof, except where required by applicable local law, and then only to the extent required by such law(s);
  • violate the intellectual property, contractual, personal or other rights of any individual or entity, or promote or constitute illegal activity;
  • violate any of these Terms, Our Privacy Policy or any local, state, provincial, federal or international law, rule or regulation or any rules of conduct posted with respect to any individual feature of Our Site or that of any third party to whose site We link;
  • mislead, defraud or trick Us or any user(s), especially if You are seeking to learn sensitive information about any user or his/her/its Account(s), including user names, passwords and/or other information including PII;
  • transmit, disseminate or use any spam, malware, viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots, passive collection mechanisms, or other objectionable materials, or any other malicious or invasive code or program or upload or transmit (or attempt to do so) any material that acts as a passive or active information collection or transmission mechanism, including but not limited to, clear graphics interchange formats, pixels, web bugs, cookies and/or similar devices;
  • other than as the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, but not limited to, any spider, robot, bot, cheat utility, scraper or offline reader that accesses Our Site, or use or launch any unauthorized script or other software;
  • obscure or cover any notice, banner, advertisement or other branding on Our website; and/or
  • circumvent, interfere with or seek to interrupt or disturb any security feature of Our Site or any feature that restricts or enforces limitations on the use of or access to Our Site.

7. Account Services

There is Content on this Site which is available only if You create an account. When any of the Services on the Site require You to open an account (“Account”) or otherwise provide User or registration information, including User name and password (“User Information”), You must complete the registration process by providing Us with complete, truthful and accurate information. When You create an Account, You alone are responsible for maintaining the strict confidentiality of any User name and password relied upon to gain access to Your Account, and for the use by You and any other person or entity that accesses Our Site by use of Your User Information, whether or not that access was authorized by You. You must notify Us immediately of any suspected or actual unauthorized use of Your Account or Your User Information, and of any and all other security breaches.

You grant to Us and to all other persons and entities involved in the maintenance and operation of the Site the right to use, store, monitor, retrieve and transmit Your User Information in connection with maintaining and operating the Site. Our information collection and use policies with respect to the privacy of Your User Information are set forth in Our Privacy Policy, which is incorporated in these Terms by reference for all purposes.

We reserve the right to terminate any Account or to refuse Service to You, without prior notice, at any time and for any or no reason as provided in Paragraph 14 below. Without limiting the foregoing, if We, in Our absolute discretion, find that You have violated these Terms more than once, We will, in appropriate circumstances, permanently terminate Your Account. You have the right to cancel Your Account at any time. You may cancel Your Account by directing a written request to Our Director of Information Technology, Contract Services Administration Trust Fund, PO Box 6817, Burbank 91510 or by emailing postmaster@csatf.org.

If You voluntarily terminate Your Account or allow Your Account to lapse, it may be reactivated through the Account interface on the Site. Any Account terminated by Us for any type of abuse, including for a violation of these Terms, may not be reactivated without Our express consent which is in Our absolute discretion to decide.

8. License

All right, title and interest in and to the Site and Our Services and Content are and shall remain the exclusive property of Contract Services and its Affiliated Parties. The Site and Our Services and Content are protected by copyright, trademark, and other laws of the United States and other countries. Nothing in these Terms gives You the right to use or reproduce any of Our trademarks, logos, domain names and other distinctive brand features.

On condition of Your acceptance of these Terms, We grant You a non-exclusive, limited, non-transferrable, freely revocable license to use the Site and its Content and Services for Your personal, non-commercial use, if You are an individual, or for only those uses authorized to You as an employer.

We reserve all rights not expressly granted herein. We also reserve the right to in the future to charge for commercial usage.

9. Disclaimers/No Warranties

We administer, control and operate the Site from Our offices in Los Angeles County, California, United States of America. The Site is accessible world-wide. However, some of its features or functions may not be available or appropriate for use outside of the United States and/or may not be available to all persons or in all geographic locations. We make no representation that the Site or Our Content and Services are appropriate or authorized for use in all countries, states, provinces, counties, localities or any other jurisdictions. Your access and use of the Site may not be legal in Your jurisdiction. If You choose to access, browse or use the Site, You do so on Your own initiative and at Your own risk, and You are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable. We reserve the right to limit, in Our sole discretion, the provision of any feature or function of the Site to any person and geographic area. Any offer for any feature or function made on the Site is void where prohibited.

The Site provides information of a general nature only. You are responsible for determining whether it applies to Your specific situation. We specifically disclaim any liability concerning any action that any individual or employer may take based on any information or guidance provided at the Site.

THE SITE, INCLUDING ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES WITH RESPECT TO ANY UPTIME OR UNINTERRUPTED ACCESS, THE AVAILABILITY, ACCURACY OR USEFULNESS OF ANY OR ALL SITE CONTENT, OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WE DO NOT WARRANT THE SITE OR ITS CONTENTS AND/OR SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS, OR DEFECTS. YOU USE THE SITE AT YOUR OWN RISK. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO OR VIRUS(ES) THAT MAY INFECT ANY USER’S COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF ANY USER’S ACCESS TO, BROWSING, OR USE OF THE SITE OR THE DOWNLOADING OF ANY CONTENT ON THE SITE. USERS ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS, REGULAR SYSTEM UPGRADES AND OTHER SECURITY CHECKS AND MEASURES) TO SATISFY THEIR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to You.

AS A USER, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ALL USE OF THE SITE.

10. Limitation of Liability

EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, INCLUDING ANY BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE ARISING UNDER ANY OTHER LEGAL OR EQUITABLE THEORY WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF OUR SITE OR INABILITY TO USE OUR SITE, OR FOR ANY SITE CONTENT, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED OR ACCESSED THROUGH THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states or jurisdictions do not allow the exclusion or limitation of consequential or incidental damages and, in such states or jurisdictions, Our liability shall be limited to the fullest extent permitted by law.

IN NO EVENT SHALL WE BE LIABLE FOR ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY US OR ON BEHALF OF ANY USER ON OR THROUGH THE SITE (INCLUDING ANY USER GENERATED SUBMISSIONS). IN NO EVENT SHALL OUR TOTAL LIABILITY TO ANY USER FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE (i) THE AMOUNT, IF ANY, PAID BY THE USER TO US FOR HIS/HER/ITS USE OF THE SITE OR FOR ANY OF HIS/HER/ITS ACTIVITIES ON THE SITE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (ii) ONE HUNDRED U.S. DOLLARS (USD$100.00), WHICHEVER IS GREATER.

11. Modifications

We reserve the right to modify these Terms and/or any other guidelines or policies affecting the Site at any time, and such revisions will become effective upon the earlier of (i) posting of the revisions to the Site, or (ii) distribution of the revisions by electronic mail. For this reason, please visit this page on a regular basis and check the “Last Updated” date at the top of these Terms to ensure You are familiar with the most recent version of these Terms. Your continued use of the Site after the effective date of the revisions signifies Your acceptance of any such revisions.

We reserve the right to modify, suspend or terminate, in Our sole discretion, at any time, temporarily or permanently, for any or no reason and without notice to You, and without any liability to You, any portion of the Site, including, without limitation, Your Account and/or Your User Information.

12. Statute of Limitations

Whether You are an individual or an employer, You and We agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to Our Site, or Our Content and/or Services, Terms and/or Privacy Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred.

13. Assignment

You agree that We may assign any of Our rights, and/or transfer, sub-contract or delegate any of Our obligations, under these Terms. Your agreement to these Terms is personal to You as a User, and so You may not transfer or assign Your rights and obligations under this Agreement to any third party without Our prior written consent.

14. Termination

You may discontinue Your use of Our Site at any time without informing Us. We may, without prior notice, change the Site and any of Our Content and/or Services, stop providing them or any of their features to You or to users generally, or create usage limits for Our Site. We may permanently or temporarily terminate or suspend Your access to Our Site without notice and without liability for any or no reason, including if, in Our sole determination, You violate any provision of these Terms. In particular, We may immediately terminate or suspend any Account that has been flagged for repeat infringement of any Marks or any other laws or Our Terms and/or Privacy Policy.

Upon termination of Your access to or ability to use Our Site, including but not limited to suspension of Your Account, Your right to use or access any Service and/or any Content will immediately cease. All provisions of this Agreement that by their nature should survive termination, shall survive termination, including, but not limited to, ownership provisions, warranty disclaimers, and limitations of liability. Termination of Your access to and use of Our Site shall not relieve You of any obligations arising or accruing prior to such termination or limit any liability which You otherwise may have to Us or any third party.

On termination of Your Account or upon Your deletion of any particular Service or Content, You acknowledge and agree that: (a) caching of, copies of, or references to the Content may not be immediately removed; and (b) such removed Content may persist in backups (not available to others) for reasonable periods of time. You agree to release and indemnify Us from all claims related to the retention of deleted Content.

15. Indemnity

User agrees to defend, indemnify and hold harmless Us, Our Affiliated Parties and Our employees, contractors, agents, professional advisers, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to actual attorney’s fees and costs) arising from: (i) Your use of and access to the Site, including any data or Content transmitted, submitted, viewed, or received by You; (ii) Your violation of any provision of these Terms and/or Our Privacy Policy, including Your breach of any of the representations and warranties contained in these Terms; (iii) Your violation of any third party right, including any right of privacy or intellectual property rights; (iv) Your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of Your Content or any that is submitted via Your Account; and/or (vi) any other party’s access and use of the Site and any of the Site’s Services and/or Content with Your unique username, password or other appropriate security code.

16. Release

To the fullest extent permitted by law, You release Us, Our Affiliated Parties and Our related individuals, affiliates and subsidiaries, and any of their trustees, directors, officers, shareholders, employees, representatives, consultants, attorneys, agents, suppliers, distributors, licensees and/or licensors from any and all responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the following: (i) disputes between Users, including those between You and other Users; (ii) third party sites and services, including Content found on such sites and services; (iii) disputes concerning any use of or action taken using Your Account by You or a third party; (iv) claims relating to the unauthorized access to any data communications or Content stored under or relating to Your Account, including unauthorized use or alteration of such communications or Your Content.

If You are an individual and have a dispute with one or more Users of the Site, or with any party who provides advertising or third party Services, on or through the Site, or with any party who provides a website link to or on the Site or from third party Content which is posted on the Site, You release Us and Our Affiliated Parties from all claims, demands, and damages (incidental, indirect, punitive, statutory, exemplary, special or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. If You have a dispute with any third party in any way pertaining to Our Site, Services and/or Content, You release Us and Our Affiliated Parties from any and all claims, demands, and damages (incidental, indirect, punitive, statutory, exemplary, special or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. You also waive California Civil Code § 1542 which says:

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 also waive any and all benefits and rights that would otherwise accrue to You by reason of the provisions of any federal or state statute or principle of common law of any state of the United States, or any political entity or nation, province or local law or regulation that may govern this release, which statute, regulation, law or principle provides in substance something similar to California Civil Code § 1542. You agree not to file any action or lawsuit inconsistent with the foregoing release.

17. DISPUTES AND DISPUTE RESOLUTION

If You are an employer, any dispute between the parties shall be settled in accord with the terms and conditions of the Consortium Member Agreement, and in particular Paragraph 9 which provides for arbitration.

If You are an individual, or if You are an employer and Your use of Our Site is not covered by the Consortium Member Agreement, the following provisions apply to You:

BINDING ARBITRATION AGREEMENT AND CLASS WAIVER DISCLOSURE

Agreement to Arbitration; Class Waiver: You and We agree, except as provided below regarding small claims court proceedings, any dispute, claim or controversy arising out of or relating in any way to the Our Site, Services and Content, including, but not limited to, Our Site, Our Content, products, Services and User interfaces, Our Privacy Policy and/or Our privacy practices generally, these Terms, and this Arbitration Agreement, shall be determined by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. YOU AGREE THAT, BY AGREEING TO THESE TERMS, THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS AGREEMENT, AND THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS OR PRIVATE ATTORNEY GENERAL ACTION. This arbitration provision shall survive termination of these Terms.

  1. Pre-Filing Mediation. In the event of a dispute, prior to initiating arbitration, the party asserting the claim must first send to the other, by overnight courier, a written Notice of Claim (“Notice”). If You are the claimant, the Notice to Us must be addressed to: Director of Information Technology, Contract Services Administration Trust Fund, 2710 Winona Ave., Burbank, CA 91504 or by emailing postmaster@csatf.org. If We are the claimant, the Notice must be sent to the address We have on file for You in Your Account. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. Following receipt of the Notice, each party agrees to negotiate with the other in good faith about the claim. If the claim is not resolved to the satisfaction of the claimant within sixty (60) days after Notice is provided, the claimant may pursue the claim in arbitration or file a claim in small claims court, as appropriate.

    2.  

  2. Additional Arbitration Provisions:
    1. Settlement Offers: During the arbitration, the amount of any settlement offer made by You or Us shall not be disclosed to the arbitrator.
    2. Initiating A Claim: The form required to initiate an arbitration can be printed or downloaded from www.adr.org. Alternatively, You may contact the arbitration administrator by calling 1-800-778-7879 or writing to the American Arbitration Association, 725 S. Figueroa St., Suite 400, Los Angeles, CA 90017.
    3. Fees for Initiating Arbitration: If You are required to pay a filing fee to initiate arbitration, after We receive notice of the initiation of arbitration, We will promptly reimburse You for Your payment of the filing fee at the address provided in the Notice, unless Your claim is for greater than US$10,000.
    4. Applicable Rules; Administrator: The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the American Arbitration Association, 725 S. Figueroa St., Suite 400, Los Angeles, CA 90017. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this Arbitration Agreement.
    5. Location of Hearing: Unless You and We agree otherwise, any arbitration hearings will take place in Los Angeles, California. If Your claim is for US$10,000 or less, We agree You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a written decision sufficient to explain the essential findings and conclusions on which the award is based.
    6. Class Waiver: YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and We agree otherwise, the arbitrator may not consolidate the claims of more than one party, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable as applied to any claim asserted by any individual, then the entirety of the arbitration provision set forth herein shall be null and void.
    7. Injunctive Relief Limitation: The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide the relief warranted by that party’s individual claim.
    8. Small Claims Procedure Alternative: Notwithstanding the foregoing binding arbitration procedure, either party may bring an individual action in small claims court (provided the claim otherwise qualifies for such a program) as an alternative to proceeding with arbitration.

18.      Opt-Out Provision

You may elect to opt out (exclude Yourself) from the final, binding arbitration procedure and the class action waiver specified in these Terms by doing the following. Within 15 days of Your first accessing the Site, You must send a letter to Us at: Contract Services Administration Training Trust Fund, 2710 Winona Ave., Burbank, CA 91504 that specifies Your (1) name, (2) IP address(es), (3) mailing address, and (4) request to be excluded from the final, binding arbitration procedure and class action waiver specified in these Terms. All other Terms shall continue to apply to You and Your Account, including the requirement to participate in pre-dispute mediation. You are not required to send the letter by certified mail, return receipt requested or overnight courier, but it is recommended that You do so. Your request to be excluded will only be effective and enforceable if You can prove the request was postmarked within the applicable 15-day deadline.

19.      Notice for California Users

Under California Civil Code Section 1789.3, Users of the Site from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

20.      Notice For New Jersey Users

The following sections shall not apply to Users of the Site from New Jersey: Disclaimers/No Warranties, Limitation of Liability and Jurisdiction.

21.      Jurisdiction

If any court of competent jurisdiction finds the above arbitration and/or class action waiver provisions invalid or inapplicable, You agree to the exclusive jurisdiction of the federal and state courts located in Los Angeles County, California, and the related appellate courts, in any related action or proceeding. Further, You irrevocably submit to the exclusive jurisdiction of, and venue in, the state and federal courts in Los Angeles, California, and the related appellate courts, in any related action or proceeding and agree shall to not raise any claims as to Los Angeles, California being an inconvenient forum.

22.      Governing Laws

You agree the laws of the United States of America and the laws of the State of California, without regard to any principles of conflicts of laws, will govern these Terms, Your use of the Site, and all matters relating to Your access to, and/or use of, the Site, including all disputes between You and Us. You also agree that: (i) the Site shall be deemed solely based in California; and (ii) the Site shall be a passive site that does not give rise to personal jurisdiction over Us, either specific or general, in any jurisdiction other than California.

23.      Waiver

Our failure to enforce any rights or provisions of these Terms shall not be deemed a waiver or relinquishment of such rights or provisions. Any waiver of any right or provision of these Terms must be in writing.

24.      Severability

If any part of these Terms is determined to be invalid or unenforceable under applicable law, including the warranty disclaimers and liability limitations stated elsewhere herein, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in full effect.

25.      Entire Agreement

These Terms shall be deemed to include all other notices, policies, disclaimers and other terms and conditions contained in or on the Site, including Our Privacy Policy; provided, however, these Terms shall prevail in the event of a conflict with any such other documents. Any rights not expressly granted in these Terms are reserved to Us.

These Terms constitute the entire agreement between You and Us and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and Us, with respect to Your use of the Site and all matters relating to Your access to, and/or use of, the Site.

A printed version of these Terms and of any notice given in electronic form shall be admissible in any and all judicial or administrative proceedings based upon or relating to these Terms to the same extent as other business documents and records originally generated and maintained in printed form.

Miscellaneous

26.     These Terms constitute the entire agreement between You and Us and govern Your use of the Site and Our Services and Content.

27.     These Terms supersede any prior agreements between You and Us with respect to this Site and Our products, Content and Services.

28.     These Terms and the rights, benefits and obligations contained herein are fully assignable by Us and will be binding upon and inure to the benefit of Our successors and assigns.

29.     No party, nor any of the parties’ respective attorneys, shall be deemed the drafter of this agreement for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties.

30.     Except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to this agreement. For the purpose of clarity, Our Affiliated Parties, and other representatives, affiliates and subsidiaries, and any of their trustees, directors, officers, shareholders, employees, representatives, consultants, attorneys, agents, suppliers, distributors, licensees or licensors are intended to be and are considered third party beneficiaries of this agreement.

31.     No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

32.     The headings in these Terms are for convenience only and have no legal or contractual effect.

33.     We may terminate these Terms for any or no reason at any time by notifying You through a notice on the Site or by any other method of communication provided elsewhere herein. Any such termination will be without prejudice to Our rights, remedies, claims, or defenses hereunder.

34.     “Include,” “Includes,” “Including,” “include,” “includes,” and “including” herein mean including without limitation.

If You have any questions about these Terms, please contact Us at postmaster@csatf.org

©2020 by Contract Services Administration Trust Fund