Terms of Use
- Terms of Use for Candidates
1. Opportunities or Opportunity Listings
C-Suite Diversity, which is free to those individuals searching for employment openings (“Candidates”), may make available Opportunities advertising employment opportunities and other job-related content, including links to third-party websites (“Opportunity Listings” or “Opportunities”), through C-Suite Diversity’s search results or otherwise through the Site. Searching for Opportunities on C-Suite Diversity is free for Candidates. Opportunities are created and provided by third parties(Hiring Clients); you acknowledge and understand that C-Suite Diversity has no control over the content of Opportunities, links to or from Opportunities, or any conditions third parties might impose once a Candidate has submitted an application or left the Site. For example, some of these third parties may attempt to charge Candidates a fee to apply to a particular position, although C-Suite Diversity endeavors not to make such Opportunities available on the Site. If you leave the C-Suite Diversity Site and choose to enter a third-party website, you accept any terms and conditions imposed by that third party. Hiring Client websites may have conversion trackers or other functionality provided by C-Suite Diversity, which informs us that an application has been completed on a Hiring Client site. A Hiring Client who installs such functionality is required under this Agreement to provide any notice and obtain any prior consent, that may be required by applicable law. However, you acknowledge and agree that C-Suite Diversity has no control over such a Hiring Client or its website. You agree to C-Suite Diversity’s use of, and receipt of information from, any such conversion tracker functionality. Except for sponsored, featured, or paid placements, the Opportunities contained on or linked from, the Site is indexed or posted in an automated manner. C-Suite Diversity has no obligation to screen any Opportunities, or to include any Opportunities, in its search results or other listings, and may exclude or remove any Opportunities from the Site or your search result for any or no reason. You understand and agree that C-Suite Diversity has no obligation to present you with any or all Opportunities. We cannot confirm the accuracy or completeness of any Opportunity or other information submitted by any Hiring Client or another user, including the identity of such Hiring Client or another user. C-Suite Diversity assumes no responsibility and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Opportunities, Company Pages, screener questions and responses, and assessments. Additionally, C-Suite Diversity may provide search options to narrow down Opportunities search results by opportunity type categories (i.e. full-time, part-time, etc.), and such categories are created independently and entirely by C-Suite Diversity, and may not directly or accurately reflect the content of the Opportunities. C-Suite Diversity may reformat Opportunity Listings so that you may read them more clearly on a mobile phone. While C-Suite Diversity may in some circumstances be compensated by employers who post Opportunities, helping keep C-Suite Diversity opportunity search free for Candidates, all Opportunities are considered advertising. C-Suite Diversity displays Opportunities based on a combination of employer bids and relevance, such as search terms, and other information provided and activities conducted on C-Suite Diversity. You are not permitted to use C-Suite Diversity’s Site or its content other than for non-commercial purposes. For purposes of this Section A of the C-Suite Diversity General Terms of Service, all references to “you” or “your” shall mean you, the individual or organization accessing this Site in your capacity as a Candidate. C-Suite Diversity may provide the functionality to call a telephone number contained in an Opportunity using the phone app on a mobile device. C-Suite Diversity cannot guarantee that the extracted phone number is the correct phone number for the Hiring Client or for the Opportunity you are viewing.
2. Profiles and Recommended Opportunities
By creating a public profile through the Site, you are requesting and authorizing C-Suite Diversity to make available your profile to third parties, such as Hiring Clients, that C-Suite Diversity believes may have an interest in your profile. By creating or uploading a profile on C-Suite Diversity (a “C-Suite Diversity Profile”), C-Suite Diversity may share with you Opportunity Listings that match the contents of your C-Suite Diversity Profile. C-Suite Diversity assumes no responsibility and disclaims all liability for the profile or application information you post, send or receive through the Site. If you see any inaccuracy in any such material, it is your responsibility to correct such information or to contact C-Suite Diversity to do so. To protect your privacy, C-Suite Diversity may mask or hide your contact information, such as your email address, from your profile or application, for example, and may substitute it with an alias.
C-Suite Diversity may also automatically send you recommended opportunities via the email address you use to create a C-Suite Diversity account or apply to a position. C-Suite Diversity may determine what these recommended opportunities are based on a variety of factors, including but not limited to, any information you input on the Site about yourself (including in your C-Suite Diversity Profile), searches you run on the Site, opportunities you click on, opportunities you apply to, or the materials you provide in an opportunity application to a Hiring Client through C-Suite Diversity.
3. Applying to Opportunities Through C-Suite Diversity
Any profile or application information that you submit through the Site, including Personal Data included in a profile is subject to this Agreement and C-Suite Diversity’s Privacy Policy. Once you provide information to a Hiring Client (whether in the form of an opportunity application, profile, email, or otherwise), C-Suite Diversity does not have control over the Hiring Client’s use or disclosure of that information. If you want to request the Hiring Client delete, modify, or maintain confidence over any such information, you must make such a request directly to the Hiring Client. C-Suite Diversity may use your application materials to determine whether you may be interested in an Opportunity Listing, and C-Suite Diversity may reach out to you about such Opportunity Listing. C-Suite Diversity may store such information regardless of whether an Opportunity Listing has been closed or is no longer available on the Site. To maintain the quality of the Site and Services, C-Suite Diversity in its sole discretion may impose limits on your ability to apply to Opportunity Listings or other C-Suite Diversity services. In addition, when you indicate your interest in an Opportunity Listing through C-Suite Diversity you are sending your profile and application information to C-Suite Diversity, and you are requesting and authorizing C-Suite Diversity to make available such application information to the applicable Hiring Client(s) for such Opportunity Listing(s). When you ask C-Suite Diversity to transmit an application or a message to a Hiring Client via C-Suite Diversity, you understand that this is without warranty and that C-Suite Diversity reserves the right to reformat such application or message.
When you apply to an opportunity using C-Suite Diversity, C-Suite Diversity will notify the Hiring Client or their Agent. We cannot guarantee that such messages will be read or acted upon. C-Suite Diversity also does not guarantee that any Hiring Client will receive, access, read or respond to any such profile, or that there will be no mistakes in the transmission or storage of the data. However, C-Suite Diversity may alert you when any of the above events occur. Please note that Opportunities may expire between the time you submit your application and from the time it is received. C-Suite Diversity has no responsibility for expired Opportunities or for delivering applications before an Opportunity’s expiration.
By using C-Suite Diversity, you agree that C-Suite Diversity is not responsible for the content of the Hiring Client’s opportunity application, messages, screener questions, skills assessments or their format or method of delivery and that C-Suite Diversity does not guarantee receipt of your application by the Hiring Client, or your receipt of messages from the Hiring Client. Please note that C-Suite Diversity does not choose the questions asked by Hiring Clients or decide the opportunity qualification criteria of Hiring Clients. Some questions may be labeled as Optional, indicating only that the application may be submitted to the Hiring Client without providing an answer. C-Suite Diversity cannot guarantee that the Hiring Client will consider such an application or make a particular determination concerning such an application. C-Suite Diversity cannot make any guarantee regarding health and safety measures in a Hiring Client’s hiring or interviewing process. C-Suite Diversity recommends Candidates follow personal health and safety best practices as recommended by the World Health Organization or similar institutions. C-Suite Diversity does not guarantee the validity of an opportunity offer and cautions Candidates to verify the validity of an opportunity offer before taking an adverse action regarding their current employment situations. Candidates are solely responsible for verifying the accuracy of any Hiring Client or opportunity offer.
C-Suite Diversity may use your application materials (including profiles and responses to screener questions) and the recency of your activity on C-Suite Diversity to determine whether the words of any Candidate’s profile and answers to screener questions match the words of an Opportunity Listing or Profile query, and vice-versa. You agree and consent that C-Suite Diversity may differentiate those matching profiles and screener questions from those that do not match, and present them to Hiring Clients as matches or not matches. C-Suite Diversity may also use such information to improve the Site or any other C-Suite Diversity product or service (including by displaying or otherwise making available potentially relevant Opportunity Listings and profiles to Candidates and Hiring Clients). When you search for opportunities on the C-Suite Diversity Opportunity Search app and proceed to apply for a job, including opportunities on third-party sites, C-Suite Diversity may suggest information from your C-Suite Diversity profile to include in your application. It is your responsibility to review suggestions before accepting them and including them on your application.
4. Communications and Other Actions on the Site
When you view, send, store or receive materials (including Opportunity Listings, profiles, messages, applications, questions and responses in applications, and any other information) through or using the Site, C-Suite Diversity may, for example, use such materials for data analysis, quality control, or to refine the Site or any other C-Suite Diversity product or service (including to provide better search results and other listings for Candidates and Hiring Clients), whether via automated means or otherwise. When Hiring Clients view, send, store or receive materials through or using the Site, C-Suite Diversity may inform you about such actions. Additionally, we may also inform you that a Hiring Client has taken other actions with regards to an Opportunity, your Profile, or your application, such as pausing or closing an Opportunity, opening your Profile or application, viewing your Profile or application, responding to your Profile or application, and making a decision with regards to your application or Opportunity. C-Suite Diversity may inform the Hiring Client about activities you take on the Site or your use of the Site, for example, whether you are online on C-Suite Diversity, and you hereby consent to C-Suite Diversity taking such actions.
You may receive messages, including but not limited to text messages, emails, or email notifications corresponding with your or a Hiring Client’s (in the event you applied for a job) activity on or use of the Site, C-Suite Diversity, or any other communications service, product, or feature provided on or through the Site. In all cases, such messages or notifications are provided solely as a courtesy, and you should not rely on them.
6. Your Candidate Data
As a Candidate, you take a variety of actions on our Site. For example, your search for opportunities, and C-Suite Diversity knows and stores the titles of opportunities you search for and click on, where those opportunities are located, the general salary range or experience level of the opportunities you view (if indicated on the Opportunity Listings), the Opportunity Listings you apply to, your amount of activity or time of most recent activity on C-Suite Diversity, the information you provide directly to C-Suite Diversity including desired salary or experience, or any of your other behavior on the Site. You know exactly what this data is because you are the person who undertook the activity and the data pertains only to your activity. If you have a C-Suite Diversity account or a C-Suite Diversity Profile, you agree that C-Suite Diversity may associate this data with your C-Suite Diversity Profile and use this observed factual data to suggest opportunities to you and to suggest you or your public profile to Hiring Clients that might be interested in a person who matches your behavior on C-Suite Diversity. You also agree that C-Suite Diversity may contact you based on this observed behavior on behalf of Hiring Clients or C-Suite Diversity itself. Please note, the aforementioned actions do not include information sent to you by a third party, however, C-Suite Diversity may publicly display the fact that you have recently used the C-Suite Diversity Site to correspond with a third party. In addition, if you set your profile to public, this means that C-Suite Diversity may share all of the aforementioned information about yourself with third-party Hiring Clients. If you do not wish to share such information, you may set your Profile to private.
7. Screening Tools
C-Suite Diversity may make screening tools available to Hiring Clients for Hiring Client use in the application process, including screener questions, phone screen tools, and assessments. C-Suite Diversity is licensing these tools for Hiring Clients’ use as determined by Hiring Clients. As a Candidate, you agree that the Hiring Client has made the determination to use these tools as part of its application process, and the questions asked are solely determined by the Hiring Client and are not being asked by C-Suite Diversity. The Hiring Client is the sole party to determine which answers will qualify a candidate and is solely responsible for the use of the screening tool including any results which are considered to have a “disparate impact”. You further acknowledge that only the Hiring Client is responsible for offering alternative methods of screening if so required by the Americans with Disabilities Act or any other equivalent or similar law. While C-Suite Diversity is guided by WCAG 2.1, Level AA in our efforts to design and develop accessible offerings, as outlined in the accessibility statement, C-Suite Diversity does not warrant that the method of delivery of these questions is compliant with the Americans with Disabilities Act or any equivalent or similar law.
8. Governing Law and Dispute Resolution
This Agreement and any dispute arising out of or in connection with this Agreement or related in any way to the Site (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction, and performance of this Agreement, by and under the laws of the State of California, United States of America. Any actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in Los Angeles, California, U.S.A. Each of the Parties hereby consents to the exclusive personal jurisdiction of the federal or state courts located in Los Angeles, California.
You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Site or these terms of service.
9. Class Action Waiver
By using the Site and in return for the services offered by C-Suite Diversity, you acknowledge that C-Suite Diversity can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Site and these services, you agree not to sue C-Suite Diversity as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against C-Suite Diversity regarding your use of the Site. Additionally, as a Candidate, your use of opportunity search on the Site is at no charge and you acknowledge that part of the price you are paying to use this Site is your acceptance of these terms of service including this Class Action Waiver. If you do not agree to any part of these terms, do not continue your use of the Site.
B. Terms of Use for Hiring Clients
The following terms and conditions apply to all Hiring Clients and other users who access or use the Site as intended for organizations seeking to make available information regarding employment openings, on their behalf or other’s behalf, including but not limited to agencies purchasing for multiple parties, or otherwise indicate their acceptance to this Agreement. For purposes of this Section B of the C-Suite Diversity General Terms of Service, all references to “you” or “you're” shall mean you, the individual or organization accessing this Site in your capacity as a Hiring Client.
1. Hiring Client Accounts
When you create a C-Suite Diversity account or post opportunity listings advertising employment opportunities and other job-related contents, including links to third-party websites (“Opportunity Listings” or “Opportunities”) on the Site, you agree that this Agreement, the terms associated with any C-Suite Diversity service you are using, and all of the C-Suite Diversity’s policies, including the C-Suite Diversity Privacy Policy and Cookie Policy, apply to you.
As a Hiring Client, your account is for business use and not for personal use. C-Suite Diversity is not responsible for and disclaims all liability if your email is used improperly or falsely by a third party. By registering for a C-Suite Diversity account, you agree to receive mandatory email updates regarding anomalous activity to your C-Suite Diversity account. If you attempt to send an email from a name or email address that is not true, accurate, current, or complete, we reserve the right to drop such email, and attempting to send such email is a violation of our terms.
In some instances, multiple users may be linked to the same account (“a Linked Account”). A Linked Account is created when the primary account owner(s) (“Admin(s)”) of a Hiring Client account invites other users to the same account. Admin(s) can provide these other users varying levels of access and functionality (“Roles”) within the account, as described on the site. If you are an Admin adding a user to a Role or several Roles, you represent to C-Suite Diversity that you are an authorized representative of this account and that you have the authority to allow this data and access to be shared. You further agree to indemnify and hold harmless C-Suite Diversity from any allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs, and expenses (including without limitation attorneys’ fees and costs) that result from the sharing of this data and access to your account. You agree that C-Suite Diversity assumes no liability in regards to the accuracy of the statements above and that you are fully responsible for said accuracy. When using a Linked Account, any users with access to certain Roles may have access to any or all account information, including but not limited to: communications and actions of all other users and applicants within the Linked Account, profile contacts, and billing information, and you consent to such access.
Change of Address: If you have provided a billing address to us, and you change such billing address from an address within the United States to an address outside the United States or an address outside of the United States to an address inside the United States, you will continue to be bound by this Agreement with the same C-Suite Diversity party for the remainder of the calendar month in which you made the change. Beginning on the first day of the next calendar month, you hereby agree that you will be bound by this Agreement with the applicable C-Suite Diversity party identified in the first paragraph of this Agreement concerning such new territory.
If your C-Suite Diversity employer account has a credit card on file to pay for one C-Suite Diversity product or service, C-Suite Diversity may charge that card for any additional products or services you order.
2. Opportunity Match
C-Suite Diversity may use Candidates’ application materials (including profiles and responses to screener questions) and the recency of their activity on C-Suite Diversity to determine whether the words of their profile and answers to screener questions match the words of your Opportunity Listing or Profile query, and vice-versa. You further agree and consent that C-Suite Diversity may differentiate those matching profiles and screener questions from those that do not match, and present them to you as matches or not matches. C-Suite Diversity may also use such information to improve the Site or any other C-Suite Diversity product or service (including by displaying or otherwise making available potentially relevant Opportunity Listings and profiles to Candidates and Hiring Clients).
3. Screening Tools
C-Suite Diversity may make available to you screening tools for your use during the application process, including screener questions, phone screen tools, and assessments. C-Suite Diversity is licensing these tools to you for your use as you determine. By using any screening product, made available to you by C-Suite Diversity, you agree that you have made the determination to use these tools as part of your application process, and the substantive questions you ask or choose are solely determined by you and are not being asked by C-Suite Diversity. You are the sole party to determine which answers will qualify a candidate. You are solely responsible for the use of the screening tool including any results which are considered to have a “disparate impact”. You further acknowledge that you are responsible for offering alternative methods of screening if so required by the Americans with Disabilities Act or any other equivalent or similar law. While C-Suite Diversity is guided by WCAG 2.1, Level AA in our efforts to design and develop accessible offerings, as outlined in the accessibility statement, C-Suite Diversity does not warrant that the method of delivery of these questions is compliant with the Americans with Disabilities Act or any equivalent or similar law. You agree to indemnify C-Suite Diversity for any claims arising out of your use of a Screening Tool, including any claims that any screening tool does not comply with the Americans with Disabilities Act or similar or equivalent law, or that such Screening Tool results in a “disparate impact”.
4. Communication through C-Suite Diversity
You may receive messages, emails, or email notifications corresponding with your or a Candidate’s activity on or use of the Site C-Suite Diversity or any other communications service, product, or feature provided on or through the Site. In all cases, such messages or notifications are provided solely as a courtesy, and you should not rely on them. For example, if you wish to interview an opportunity seeker, it is your responsibility to follow up with the Candidate separately to ensure they know about the interview, do not rely on notifications through C-Suite Diversity. C-Suite Diversity may use your email address to create an alias email address for your communication, instead of displaying your actual email address to the Candidate. Should you choose to send an email from a third-party email client, the person with whom you’re communicating may be able to see your email address, rather than the alias. C-Suite Diversity disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable.
Specifically, if you post an Opportunity Listing directly on C-Suite Diversity, applications are sent only to your C-Suite Diversity dashboard; any other notifications you may receive are provided solely as a courtesy to you. For example, you may not receive application email notifications if a Candidate has not answered screener questions correctly, although these applications will be sent to your C-Suite Diversity dashboard. C-Suite Diversity reserves the right to turn on or enable C-Suite Diversity Chat or other communication options for select Hiring Clients or Opportunity Listings, in its sole discretion, and to notify Candidates that C-Suite Diversity Chat or other communication options are available for a particular opportunity or Hiring Client.
5. Governing Law and Dispute Resolution
The laws of the State of California, without reference to conflict of law rules, govern these Terms and any dispute of any sort that might arise relating to them. The United Nations Convention for the International Sale of Goods does not apply to these Terms. Your sole and exclusive remedies are expressly outlined in these Terms. Certain of the exclusions enumerated in these Terms may not apply if the state in which a Platform is provided does not allow the exclusion or limitation of implied warranties or does not allow the limitation or exclusion of incidental or consequential damages. In those states, the liability of C-Suite Diversity shall be limited to the maximum extent permitted by law.
6. Class Action Waiver
By using the Site and in return for the services offered by C-Suite Diversity, you acknowledge that C-Suite Diversity can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Site and these services, you agree not to sue C-Suite Diversity as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against C-Suite Diversity regarding your use of the Site. If you do not agree to any part of these terms, do not continue your use of the Site. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to Section 5 above.