Simply Hired Online Terms of Use

THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB (THE "SITE") OF SIMPLY HIRED, INC. ("SIMPLY HIRED") AND THE EMPLOYMENT SEARCH AND HIRING SERVICES AND THE SIMPLYFORUMS ONLINE MESSAGE BOARD AVAILABLE ON THIS SITE (THE "SERVICES") AND, AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE AND/OR THE SERVICES OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THIS SITE AND/OR THE SERVICES ON THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. YOU AGREE THAT SIMPLY HIRED MAY MAKE CHANGES TO THE SERVICES OFFERED ON THIS SITE, AT ANY TIME WITHOUT NOTICE, AND CAN REVISE THESE TERMS AT ANY TIME. WE WILL NOTIFY YOU OF SUCH REVISIONS BY POSTING AN UPDATED VERSION OF THESE TERMS ON THE SITE. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS. YOUR CONTINUED USE OF THE SITE AND/OR THE SERVICES SHALL CONSTITUTE YOUR CONSENT TO SUCH CHANGES. This Site and the Services are intended for use by individuals looking for employment and for employers and recruiters seeking candidates for employment.

General Use Restrictions

All information, documents and Services provided on this Site, including trademarks, logos, graphics and images (the "Materials") are provided to you by Simply Hired. Except as expressly stated herein, you acknowledge that you have no right, title or interest in or to the Materials on any legal basis.

Simply Hired grants you the limited right to display the Materials only on your personal computer, and to copy and download the Materials displayed on this Site, provided that: (1) both the Simply Hired copyright notice (set forth below) and this permission notice appear in the Materials so displayed, copied or downloaded, (2) such display, copy or download is solely for your personal and/or internal business purposes. You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms and Simply Hired may remove your postings from this Site and/or the Services with or without cause. Upon any termination of this limited license, you agree to immediately destroy any electronic or printed Materials and cease using the Site and/or the Services.

You are prohibited from taking any action to circumvent or attempt to circumvent the security and access control provisions of the Site and the Services. Such prohibited conduct includes, without limitation, any efforts to (a) log in to an account with a password not assigned to you, (b) access personally identifiable information not intended for you, (c) test the security measures on the Site and/or attempt to identify system vulnerabilities, (d) impersonate any other user of the Site and/or the Services or forge any of the header information in any posting or tamper with the TCP/IP packet header, (e) modify, reverse engineer, disassemble, decompile or otherwise attempt or allow others to attempt to discover the underlying computer code for the Site and/or the Services, or (f) overwhelm or disable the Site or the Services or interfere with the access and use of the Site and/or the Services by any other user. If Simply Hired becomes aware of any of the foregoing activities, Simply Hired may investigate and may respond, and when appropriate, Simply Hired may work with law enforcement authorities in such investigations and for the purpose of prosecuting offenders. Your continued use of the Site and the Services is expressly conditioned on your compliance with the preceding prohibitions and with the obligations and restrictions. Without limiting the generality of foregoing, you acknowledge that Simply Hired expressly prohibits and you agree not to:

With respect to Simply Forums, you acknowledge and agree to abide by the following rules, without limitation:

The foregoing list of prohibitions is illustrative and is not intended to be complete or exclusive. Simply Hired reserves the right to terminate our relationship with you under these Terms and prohibit your access to the Site and/or Services or to edit, remove or close any posting by you for any reason, including, without limitation, any action that Simply Hired, in its sole judgment, determines to be inappropriate or disruptive to the Site, Services or to any user. If Simply Hired finds that you are abusing the private message and/or email system of Simply Hired and/or on Simply Forums, Simply Hired may, without limitation of other available remedies, suspend or terminate your account.

You acknowledge that the Site contains content that Simply Hired creates as well as content provided by third parties. The foregoing prohibitions do not impose on Simply Hired, and Simply Hired does not assume, any obligation to monitor or remove any postings or other information or communication submitted by you or any other user. You hereby acknowledge and agree that you may be exposed to content that may be offensive, indecent or objectionable or that is inaccurate, and you bear all risks associated with using that content. YOU HEREBY ACKNOWLEDGE AND AGREE THAT ALL SUBMISSIONS SUBMITTED BY YOU OR ANY OTHER MEMBER EXPRESS THE VIEWS OF THE AUTHOR, AND NEITHER SIMPLY HIRED, NOR JELSOFT ENTERPRISES LTD. (DEVELOPERS OF VBULLETIN) WILL BE HELD RESPONSIBLE FOR OR LIABLE FOR THE CONTENT IN SUCH SUBMISSIONS. Your access to the Site and Services is undertaken at you own risk and Simply Hired is not responsible for any offensive or otherwise objectionable materials that may be posted by any third party. Simply Hired has the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.

Account Registration and Password Protection

Prior to gaining access to certain Services on the Site, Simply Hired will require you to set up a user name and password (the "Password(s)") as set forth in the account registration procedures posted on the Site. You agree to comply with the procedures specified by Simply Hired from time to time regarding obtaining and updating Passwords for the Site and Services. You agree to assume sole responsibility for the security of Passwords issued to you. Passwords are subject to cancellation or suspension by Simply Hired at any time, including upon the misuse of any and the reissuance or reactivation of Passwords. You agree to ensure that you will use your best efforts to prevent any third party from obtaining your Password, and you shall inform Simply Hired immediately in writing of any actual or potential unauthorized access to a Password or to the Site and/or Services.

Third Party Content

Third parties may provide certain information and content to Simply Hired ("Third Party Content"). The Third Party Content is, in each case, the copyrighted work of the creator/licensor, and may be subject to terms of use and/or privacy policies of such third parties. Please contact the appropriate third party for further information regarding such terms. Simply Hired includes data provided by Foursquare Quattroshapes. SIMPLY HIRED DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO CONTENT PROVIDED BY THIRD PARTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Links To Third Party Sites

This Site may provide links to other Web sites or resources over which Simply Hired does not have control ("External Web Sites"). Such links do not constitute an endorsement by Simply Hired of those External Web Sites. You acknowledge that Simply Hired is providing these links to you only as a convenience, and further agree that Simply Hired is not responsible for the content of such External Web Sites. If you decide to leave Simply Hired and access the External Web Sites or to use or install any External Web Site applications, software or content, you do so at your own risk and you should be aware that Simply Hired's terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from Simply Hired or relating to any applications you use or install from the site. Your use of External Web sites is subject to the terms of use and privacy policies located on the linked to External Web sites.

In addition, Simply Hired enables [,or may enable,] certain third-party developers to create websites and applications that retrieve data made available by Simply Hired and its users and/or that retrieve authorized data from third-party sites for use through the Site and Simply Hired's services. If you choose to use one of the third-party developers, your use of the External Web Site(s) is subject to the terms of use and privacy policies located on the External Web Sites.

Privacy Policy

Your use of the Site is governed by the Simply Hired Privacy Policy that is available at http://www.simplyhired.com/a/legal/privacy (the "Privacy Policy").

Submissions

You acknowledge that you are responsible for the information and material that you submit to the Site (each a "Submission"), and that you, and not Simply Hired, will have full responsibility for each such Submission, including its legality, reliability, appropriateness, originality and copyright. Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. Subject to our compliance with our Privacy Policy, you agree that Simply Hired shall be free to use or disseminate a Submission on an unrestricted basis for any purpose. If you submit information to the Site, you grant Simply Hired a nonexclusive, worldwide, royalty-free license to (in any media now known or not currently known or invented) link to, utilize, use, copy, exploit, and prepare derivative works of the Submission. No information you submit shall be deemed confidential. However, Simply Hired agrees to use your information in accordance with Simply Hired's Privacy Policy applicable to personally identifiable information. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO SIMPLY HIRED. Notwithstanding the foregoing, you hereby assign to Simply Hired all right, title and interest in and to any new feature that you may suggest or submit to Simply Hired and you acknowledge and agree that Simply Hired may use such suggestion or submission in any manner, including, without limitation, to develop features for the Site.

You agree that any Submission by you will comply with the "General Use Restrictions" as set forth above. Simply Hired reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all parts of a Submission should it determine that such Submission is in violation with any provision of the Terms.

Trademarks and Copyrights

The trademarks, service marks, brands, names, logos and designs ("Trademarks") of Simply Hired or others used on this Site and in the Services are the property of Simply Hired or their respective owners. You may not remove or alter any Trademark. You may not use any trademark displayed on the Site or in the Services without the express prior written permission of Simply Hired or the respective owner, and nothing contained on this Site grants by implication, waiver, estoppel or otherwise, any right to use such trademarks. All of the Materials appearing on this Site and in the Services, including but not limited to, text elements, site design, images and icons, as well as the selection, assembly and arrangement thereof, are the sole property of Simply Hired, Copyright © 2004-2014, unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

Indemnification

You agree to defend, indemnify and hold harmless Simply Hired and its affiliates, representatives, partners, agents and employees from and against any and all liabilities, claims, costs and expenses, including attorneys' fees, that arise out of or in connection with your use of the Site and/or the Services or breach of these Terms.

Disclaimer of Warranty

YOU ACKNOWLEDGE AND AGREE THAT THIS SITE AND/OR THE SERVICES ARE BEING PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND MAY INCLUDE CERTAIN ERRORS, OMISSIONS, OUTDATED INFORMATION WHICH MAY AFFECT THE QUALITY OF THE MATERIALS. YOU ACKNOWLEDGE THAT THE MATERIALS HAVE NOT BEEN INDEPENDENTLY VERIFIED OR AUTHENTICATED IN WHOLE OR IN PART BY SIMPLY HIRED, AND AGREE THAT SIMPLY HIRED DOES NOT WARRANT THE ACCURACY OR TIMELINESS OF THE MATERIALS AND FURTHER AGREE THAT SIMPLY HIRED HAS NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE MATERIALS, WHETHER PROVIDED BY SIMPLY HIRED OR ITS LICENSORS.

SIMPLY HIRED, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE AND/OR THE SERVICES, INCLUDING WITHOUT LIMITATION THE MATERIALS AND ANY THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND/OR THE SERVICES AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS, AND IS FOR PERSONAL USE OR INTERNAL BUSINESS USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. SIMPLY HIRED PROVIDES THE SERVICES "AS-IS" WITHOUT ANY WARRANTY OF ANY KIND.

WE MAKE NO REPRESENTATION THAT THE MATERIALS ON THIS WEB SITE CONFORM TO YOUR LOCAL LAWS, AND IF YOU ARE ACCESSING THIS WEB SITE FROM A LOCATION OUTSIDE THE UNITED STATES, YOU ALONE ARE RESPONSIBLE FOR COMPLIANCE WITH YOUR LOCAL LAWS. WE HEREBY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.

Limitation of Liability

NEITHER SIMPLY HIRED NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES, THIRD PARTY PROVIDERS OR CONTENT PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FORM OF DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE RESULTS OF YOUR USE OF THE SITE AND/OR THE SERVICES, OR ANY EXTERNAL WEB SITES LINKED TO THIS SITE, OR THE MATERIALS ON THE SITE, HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF SIMPLY HIRED WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

General

Simply Hired controls and operates this Site from its headquarters in the United States and makes no representation that the Services or the Materials are appropriate or will be available for use in locations other than the United States. If you use this Site or the Services from outside the United States, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials. These Terms will be governed by California law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You shall bring all disputes, actions, claims, or causes of action related to these Terms or in connection with this Site only in the federal and state courts located in Santa Clara county, California. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Simply Hired to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Simply Hired in writing. No joint venture, partnership, employment or agency relationship exists between you and Simply Hired. These Terms comprise the entire agreement between you and Simply Hired and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.

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