Effective Date: June 30, 2016
THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") HAVE CHANGED AS OF JUNE 30, 2016. THE NEW TERMS GOVERN YOUR USE OF THIS WEBSITE AND/OR SIMPLY HIRED MOBILE SERVICES (THE "SITES") OF SIMPLY HIRED (SH Inc. or "SIMPLY HIRED") AND THE EMPLOYMENT SEARCH AVAILABLE ON THE SITES (THE "SERVICES"), AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE NEW TERMS OR TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITES AND/OR THE SERVICES OR ANY INFORMATION CONTAINED ON THE SITES.
General Use Restrictions
All information, documents and Services provided on the Sites, 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, or mobile device. 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 the Sites and/or the Services with or without cause. Upon any termination of this limited license, you agree to cease using the Sites 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 Sites and the Services. Such prohibited conduct includes, without limitation, any efforts to, (a) access personally identifiable information not intended for you, (b) unless authorized by SH Inc., test the security measures on the Sites and/or attempt to identify system vulnerabilities, (c) impersonate any other user of the Sites and/or the Services or forge any of the header information in any posting or tamper with the TCP/IP packet header, (d) modify, reverse engineer, disassemble, decompile or otherwise attempt or allow others to attempt to discover the underlying computer code for the Sites and/or the Services, or (e) overwhelm or disable the Sites or the Services or interfere with the access and use of the Sites 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 Sites 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:
- Provide any false or misleading information about your identity or employment information provided by you to Simply Hired in relation to your use of or access to the Sites and/or Services;
- Post any false or inaccurate Submissions (defined below) or information;
- Use the Services and/or the Sites to violate any applicable law or regulation, including, without limitation, the infringement of any copyright, trademark, trade secret or other intellectual property right of others, or violate the privacy or publicity rights of any other person.
- Post any Submissions or information that is abusive, defamatory, discriminatory, hateful, obscene, vulgar, sexually oriented, threatening, or otherwise objectionable.
- Harass, stalk, or otherwise subject any other user of the Sites and/or Services to unwanted and/or inappropriate contact.
- Post any position or business opportunity which requires payment from the applicant or requires recruitment of other individuals, sub-distributors or sub-agents such as a multilevel marketing scheme, pyramid scheme, franchise or distributorship arrangement.
- Use the Sites, Services and/or Materials for any purpose other than to identify employment opportunities for yourself or to identify prospective employees for users' employment opportunities.
- Send unsolicited mail or e-mail, making unsolicited phone calls or sending unsolicited faxes and/or advertise any products or services by directly posting within the Services or by making unsolicited contact with any user via email, telephone, postal mail, or any other method of communication.
- Make any changes, additions and/or deletions to any Submissions posted by any user without the express written authorization of such other user.
- Take any action that imposes an unreasonable or disproportionately large burden on the Sites's infrastructure.
- Include any hyperlinks or any misleading, irrelevant and/or hidden keywords in any Submissions posted by you.
- Frame or link to the Sites of any of the content or information available from the Sites unless Simply Hired expressly consents to such linking and/or framing.
- Intentionally expose the Sites and/or Service to any computer virus or any other program or code intended to disrupt or disable to operations of the Sites and/or Service;
- Use any robot, spider or other program or device to retrieve or index any portion of the Sites;
- Make commercial use of the Sites without an express written agreement from Simply Hired
- Harvest or otherwise collect information about other users for any purpose other than use of the Sites and/or Services as expressly permitted herein.
The Sites are not directed to individuals under the age of fourteen (14), but if you are under the age of 18 or the age of majority in your jurisdiction, you must use the Sites under the supervision of a parent or legal guardian, or responsible adult.
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 Sites 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 Sites, Services or to any user. Simply Hired may, without limitation of other available remedies, prevent any user from obtaining access to the Sites for violations of Simply Hired policies or in its discretion.
You acknowledge that the Sites contain 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 ITS SHAREHOLDERS OR AFFILIATED ENTITIESWILL BE HELD RESPONSIBLE FOR OR LIABLE FOR THE CONTENT IN SUCH SUBMISSIONS. Your access to the Sites 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. If you have signed up with the Sites for job alerts, you may continue to receive them beginning on June 30th, 2016 but please note that any links in any job alert emails sent prior to June 30th 2016, will not work. Please utilize only job alert links sent starting on or after June 30th, 2016. If you wish to unsubscribe from job alerts please use the form found on any job alert email sent starting on June 30th, 2016 or after.
Account Registration and Password Protection
As of June 30th, 2016 the Simply Hired Sites will no longer require passwords or individual accounts for use. All individual accounts have been de-activated.
Third Party Content
Links To Third Party Sites
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 the Sites 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 Sites or in the Services without the express prior written permission of Simply Hired or the respective owner, and nothing contained on the Sites grants by implication, waiver, estoppel or otherwise, any right to use such trademarks. All of the Materials appearing on the Sites 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, (SH Inc.) Copyright © 2004-2016
U.S. Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Simply Hired infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Sites are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Simply Hired to locate the material on the Sites; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Simply Hired a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent in writing to dmca @ simplyhired.com (please remove spaces when sending email). We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there are penalties for false claims under the DMCA.
You agree to defend, indemnify and hold harmless Simply Hired and its affiliated entities, shareholders, 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 Sites and/or the Services or breach of these Terms.
Disclaimer of Warranty
YOU ACKNOWLEDGE AND AGREE THAT THE SITES 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 SITES 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 SITES AND/OR THE SERVICES AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITES 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 THE SITES CONFORM TO YOUR LOCAL LAWS, AND IF YOU ARE ACCESSING THE SITES 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 SITSs OR THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE RESULTS OF YOUR USE OF THE SITES AND/OR THE SERVICES, OR ANY EXTERNAL WEB SITES LINKED TO THE SITES, OR THE MATERIALS ON THE SITES, HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF SIMPLY HIRED WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
Simply Hired controls and operates the Sites from 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. BY USING THE SITES, YOU AGREE YOU ARE REACHING INTO THE UNITED STATES AND DOING BUSINESS WITH A US ENTITY. If you use the Sites 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 the laws of the State of New York.
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, for use beginning on June 30th 2016, comprise the entire agreement between you and Simply Hired and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between you and the Simply Hired Sites.
If you have any questions regarding the Sites please email help @ simplyhired.com (please remove spaces when sending email).