Simply Hired Online Terms of Service
Effective Date: 10/09/2018
The Site is made available for use only by individuals searching for employment openings, and by individuals and/or 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. You acknowledge and agree that your license to use the Site is automatically revoked upon your attempt to use the Site for any other purpose.
We may change the Terms by notifying you of such changes by any reasonable means, including by posting revised Terms through the Site. Any such changes will not apply to any claim brought prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes. Your access to or use of the Site following any changes to this Terms will constitute your acceptance of such changes. The “Last Updated” part of the Terms indicate when the Terms were last changed. We may, at any time and without liability, modify or discontinue all or part of the Site or any feature thereof (including access to the Site via any third-party links); charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users. We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
Links to other Sites
Simply Hired may make available certain job listings and other job-related contents, including links to third-party websites (“Job Listings” or “Job Ads”), through Simply Hired’s search results or otherwise through the Site. Job Listings are created and provided by third parties over whom Simply Hired exercises no control; you acknowledge and understand that we have no control over Job Listings. Simply Hired does not have any obligation to screen any Job Listing, or to include any Job Listing in its search results or other listings, and may exclude or remove any Job Listing from the Site for any or no reason. We cannot confirm the accuracy or completeness of any Job Listing or other information submitted by any employer or other user, including the identity of such employer or other user. Simply Hired assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any Job Listing. You agree that Simply Hired may also provide search options to narrow down Job Listing search results by job type (i.e. full-time, part-time, etc.), and such job types are created independently and entirely by Simply Hired, and are not a direct reflection of the actual Job Listing.
You should contact the site administrator or webmaster for the applicable third-party site if you have any concerns regarding such links or the materials located on such site. In addition, Simply Hired may provide you with links to certain third party sites that offer you services for your use or benefit. We may stop offering any such third party sites or services at any time. If you choose to use such third party sites or services, you enter into an agreement with such third party alone at your own risk. When entering into an agreement with such parties, you are giving them your data directly and your rights and their obligations are determined by their privacy policies and terms of service. We are not responsible for any content or services provided by these third parties, and we disclaim all liability from anything that may occur when you utilize such third parties. We are additionally not responsible for any payment that may be asked of you by such third party. You will be notified on the site that these are third party sites and services, and not Simply Hired.
Site and Account Access
Simply Hired reserves the right to change or withdraw the Site, and any materials or functionalities provided on the Ste, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period.
If you set up a Simply Hired account, or if you create or upload a resume or other content through Site, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your email address), other forms, or resume creation or upload process and (b) be responsible for the confidentiality and use of your username and password, and not transfer or resell your use of or access to the Site to any third party.
By uploading or creating a resume through the Site, you understand that a Simply Hired account will be created for you. You may also create a Simply Hired account or log into your Simply Hired account using Facebook or Google. If you do not already have a Simply Hired account but you log in to Simply Hired using your Facebook or Google account, this creates a Simply Hired account using the same email address used in your Facebook or Google account. You represent and warrant that you are the authorized user of such Facebook or Google account.
By uploading or creating a resume through the Site, you further agree that such resume may be made available and accessible at the Site as well as Simply Hired partner or affiliate websites.
You agree not to provide any other person access to this Site or portions of it using your user name, password, or other security information. Any person with whom you share your username and password and is able to answer verification questions about your Simply Hired account may be able to access information regarding your Simply Hired account. Simply Hired is not responsible and disclaims all liability if your email or account is used improperly or falsely by a third party. You shall protect your passwords and take full responsibility for your own, and third party, use of your accounts.
We reserve the right at all times (but will not have an obligation) to terminate users or to reclaim usernames or URLs.
When you view or store materials through or using the Site, Simply Hired may use such materials for data analysis, quality control, or to refine the Site or any other Simply Hired service, whether via automated means or otherwise.
Simply Hired may provide certain categories of information to you for informational purposes only. For example, we may provide you with data regarding estimated salaries for a certain Job Listing. These figures are estimates given for informational purposes only, and they are subject to change or varying levels of accuracy. Please note that all salary figures are approximations based upon multiple third party submissions to Simply Hired or our affiliates. These figures are given to users for the purpose of generalized comparison only. Minimum wage may differ by jurisdiction and you should consult the employer for actual salary figures.
Simply Hired may also provide certain types of career-related or hiring-related information on its Site. All information contained in any Simply Hired career or hiring guide is for informational purposes only, and is in no way to be construed as professional career counseling or staffing services. You understand that Simply Hired may give suggestions or information regarding best-practices, however, you understand that it is ultimately your responsibility to determine how to pursue your job search or candidate search. You further understand that in providing any such career or hiring guides, Simply Hired is not acting as a job placement agency or staffing firm. You also understand that by referring to or using such career or hiring guides, you are not guaranteed job interviews, job placement, assurance of being hired, job candidates, or hires, and you take full responsibility for use of these services or guides. As a user of the Site, Simply Hired may, from time to time, send you emails from the career or hiring guides as part of its services to you. These emails may include but not be limited to, tips on improving your resume or how to use your resume effectively in the job application process, commonly asked interview questions, next steps after you have submitted an application, and how to prepare for a new job after you have been hired.
As previously communicated, all individual accounts created before June 30, 2016 have been deactivated.
Prohibited Use and Restrictions
The Site is not for use by anyone under the age of 16. By using the Site, you represent and warrant you are of the minimum age (described in the paragraph below) or older.
The minimum age for these purposes shall be 16, however if local laws require that you must be older in order for Simply Hired to lawfully provide the services on the Site to you then that older age shall apply as the applicable minimum age. In all jurisdictions outside the European Union, if you are under the age of 18 or the age of majority in your jurisdiction, you must use Simply Hired under the supervision of your parent, legal guardian or responsible adult.
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) access personally identifiable information not intended for you, (b) unless authorized by SH, Inc., test the security measures on the Site and/or attempt to identify system vulnerabilities, (c) impersonate any other user of the Site 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 Site, or (e) overwhelm or disable the Site or interfere with the access and use of the Site 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 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 that you provide to Simply
- Hired or you post through Simply Hired;
- Post any false or inaccurate Submissions (defined below) or information;
- Use the Site in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries, or laws pertaining to IP or publicity rights of others);
- 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 Site to unwanted and/or inappropriate contact;
- Perpetrate a scam, spam Simply Hired users, or otherwise use the Site in furtherance of a fraudulent or otherwise illegal activity;
- Transmit content that may be harmful to minors;
- Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email;
- Create multiple user accounts in connection with any violation of the Terms or create user accounts by automated means or under false or fraudulent pretenses;
- Modify, adapt, translate, or reverse engineer any portion of the Site;
- Contact other Simply Hired users about multi-level marketing (MLM) programs, jobs that require payment to start, or any topics Simply Hired considers detrimental to its users;
- Scrape the Simply Hired resume database;
- Scrape or otherwise replicate any Simply Hired content for competitive purposes;
- 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 multi-level marketing scheme, pyramid scheme, franchise or distributorship arrangement;
- Use the Site 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 Site 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 Site's infrastructure;
- Include any misleading, irrelevant information and/or hidden keywords in any Submissions posted by you;
- Frame or link to the Site of any of the content or information available from the Site unless Simply Hired expressly consents to such linking and/or framing;
- Intentionally expose the Site to any computer virus or any other program or code intended to disrupt or disable to operations of the Site;
- Use any robot, spider or other program or device to retrieve or index any portion of the Site;
- Harvest or otherwise collect information about other users for any purpose other than use of the Site as expressly permitted herein; and
- Use the Site or its content other than for non-commercial purposes. Use of any automated system or software, whether
operated by a third party or otherwise, to extract data from the Site (such as screen scraping or crawling) is prohibited.
Simply Hired reserves the right to take such action as it considers necessary, including issuing legal proceedings without
further notice, in relation to any unauthorized use of the Site. If you wish to make commercial use of the Site, if you wish to make use of the Site in any capacity other than that of a jobseeker or employer, or if you wish to purchase Simply Hired services that utilize the Site, you must have a prior written agreement with Simply Hired to do so, or have accepted Simply Hired’s online terms of service. Please [contact us] (https://www.simplyhired.com/about/contact-us "contact us") for more information. We reserve the right at all times (but will not have any obligation) to terminate users, and reclaim usernames or URLs, for any reason.
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 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, Simply Hired, or any user, or if we determine that you have violated the Terms. Simply Hired may, without limitation of other available remedies, prevent any user from obtaining access to the Site for violations of Simply Hired policies or in its discretion.
You acknowledge that the Site 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 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. The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Simply Hired, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You agree that you are responsible for the information and material that you post, submit, publish, display, or transmit to or through the Site, including without limitation the contents of job listings and resumes (each a "Submission"), and that you, not Simply Hired, have full responsibility for such Submissions, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any Submissions posted by you or any other user. All Submissions must comply with the Terms. Any Submissions you post to the Site will be considered non-confidential and non-proprietary. By providing any Submission on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
- You own or control all rights in and to the Submissions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT ALL SUBMISSIONS SUBMITTED BY YOU OR ANY OTHER USERS EXPRESS THE VIEWS OF THE AUTHOR, AND NEITHER Simply Hired NOR ITS SHAREHOLDERS OR AFFILIATED ENTITIES WILL BE HELD RESPONSIBLE FOR OR LIABLE FOR THE CONTENT IN SUCH SUBMISSIONS.
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
Although Simply Hired has no obligation to do so, we may monitor Submissions, and reserve the right to delete, or take any action we deem appropriate with respect to, any Submission or portion thereof that we deem, in our sole discretion, to violate the Terms, including any Submission that is unrelated to the specific portion of the Site on which it is posted or that we deem in our sole discretion to be inappropriate. We reserve the right to remove or refuse to post any Submission for any or no reason in our sole discretion. If you believe that a Submission violates these Terms or our policies, please (https://www.simplyhired.com/about/contact-us "contact Simply Hired") immediately. For clarity, we do not have any obligation to remove any Submission, and the interpretation of whether any Submission violates any of our policies will always remain within our sole discretion.
Without limiting the generality of the foregoing, Simply Hired reserves the right (but is under no obligation) to remove any Submission that directly or indirectly discriminates against a user or a candidate for employment. Direct discrimination means, for example, that a Submission specifically makes clear that only employment candidates matching a certain criteria are wanted, thereby excluding others because of, for example, their gender, race, age or disability. Indirect discrimination means, for example, that a Submission implicitly excludes certain classes of candidates by making it impossible for them to qualify for the job requirements. You understand and agree that it is your responsibility to refrain from posting any Submissions that directly or indirectly discriminate against a candidate for employment or otherwise violate applicable law.
Simply Hired reserves the right to disclose all Submissions and other relevant information, and the circumstances surrounding their transmission, to any third party in connection with operating the Site; to protect itself, its affiliates, its partners and its visitors; and to comply with legal obligations or governmental requests. This means, for example, that we may honor subpoenas, search warrants, law enforcement or court-mandated requests to reveal a user’s electronic address and identity, or other properly requested information. We further reserve the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site. We have the right to terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms.
YOU WAIVE AND HOLD HARMLESS Simply Hired AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Simply Hired OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER Simply Hired, ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS, OR LAW ENFORCEMENT AUTHORITIES.
You must not post any Submission that is unlawful, fraudulent, discriminatory, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or that contains sexual, ethnic, racial or other discriminating slurs, or that contains no relevant or constructive content. You must also not post any Submission that contains proprietary information, trade secrets, confidential information, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing), or encourages or causes spamming or flooding. Submissions must not impersonate any person or entity, or misrepresent the identity or affiliation with any person or entity.
You are prohibited from posting any Submission containing official identification information (whether your own or of another person), such as social security number, passport number, national identification number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier. Posting such identification information may lead to identity theft and other adverse consequences. We may remove any such identification information, but we do not undertake any obligation to do so, and we have no responsibility and disclaim all liability for any posting of such identification information. We reserve the right to change the display of resume on its Site, including, but not limited to, hiding fields, rearranging its format, and changing visual elements.
License for Submissions
To the extent permitted by law, you grant Simply Hired a nonexclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free, sublicensable (through multiple layers of sub-licensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all content and materials in any Submission for the purpose of publishing material on the Site or its publisher partners, maintaining the Site and promoting Simply Hired without restriction. Furthermore, you grant us, our affiliates, and sublicensees the license to use your name, user name, and/or trademarks and logos in connection with any such Submission or Simply Hired marketing materials, or actions by Simply Hired to promote or publicize such User Submission including the use of keywords in third-party internet search engines.
You represent and warrant that: (i) you own the Submission that you submit, post, display, or otherwise make available on or through the Site, or that you otherwise have the right to grant the license set forth in this section, (ii) such Submission, and its posting, display or availability on or through the Site does not violate applicable law or the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and (iii) such Submission and its posting, display or availability on or through the Site does not result in any breach of contract between you and any third party. You agree to pay for all royalties, fees, damages, and any other monies owed to any person or entity by reason of such Submission. You agree to defend, indemnify and hold harmless Simply Hired and its affiliates from any claims resulting from any such Submission. If you wish to request to revoke the license granted by you in this Section for any such Submission, please send a certified letter of request to the postal address listed above with a copy of your passport or national identity card (for identity verification purposes) and request removal of such Submission. Your certified letter of request must include (a) the signature of the applicable rights holder for such Submission or a person authorized to act on behalf of the rights holder; (b) identification of the Submission for which the license is to be revoked, and information information reasonably sufficient to allow Simply Hired to locate and remove such Submission on the Site; (c) your name, address, telephone number, and email address; (d) a statement that you have a good faith belief that you are the rights holder or authorized by the rights holder to revoke the license for the designated Submission; and (e) a statement that the information in the request is accurate, and under penalty of perjury, that you are the rights holder or are authorized to act on behalf of the rights holder with respect to such Submission. There may be a charge for answering and executing such a request; please contact us for more details.
Claims of Infringement
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 on the Site 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 site 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 site; (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 us 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: SH, Inc. Attn: Simply Hired Copyright Agent 6433 Champion Grandview Way Building 1 Austin, TX, 78750 Email: dmca @ simplyhired.com (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.
Other Claims of Infringement. For claims of infringement that do not involve a U.S. copyright, please contact us via our Site help @ simplyhired.com (remove spaces when sending email).
We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise (http://www.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Simply Hired does not endorse any of the products or services listed on such sites.
Disclaimer of Warranties
Simply Hired disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in or linked from the Simply Hired search results (including jobs listings) or otherwise made available on the Site by Simply Hired or third parties (including Submissions), regardless of whether paid for or used for free. Simply Hired disclaims any responsibility or liability for the accuracy, content, completeness or reliability of information provided by Simply Hired for informational purposes only, including but not limited to, analytics data like estimated applies or organic traffic, and salary information. You acknowledge you are not paying Simply Hired for the aforementioned information. Simply Hired disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information, emails, attachments or material (including Submissions). Simply Hired further disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Site or on other sites or services on the Internet accessed through the Site. Under no circumstances shall Simply Hired be liable to you or any third party on account of your use or misuse of or reliance on the Site. Additionally, under no circumstances shall Simply Hired be liable to you or any third party on account of your use or misuse of or reliance on any third party site or service you link to from the Site.
Simply Hired further disclaims all liability for any technical malfunction of the Site, including but not limited to failure of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email delivery (including attachments), account login, or any other Services provided by Simply Hired as a result of technical problems or traffic congestion on the Internet or any third party website (including but not limited to Applicant Tracking Systems (ATSs)) or combination thereof, including injury or damage to your or to any other person’s computer, mobile device or other hardware or software, related to or resulting from using or downloading any content in connection with the Site. Under no circumstances will Simply Hired be responsible for any loss or damage to any content or personal injury or death, resulting from anyone’s use of the Site, Submissions, or third party applications, websites, software or content posted on or through the Site or transmitted to users or any interactions between users of the Site or Services, whether online or offline.
THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, CAREER GUIDE, SUBMISSIONS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. Simply Hired AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Simply Hired AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, SUBMISSIONS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITE. Simply Hired AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE BY Simply Hired.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OBTAINING ANY SUCH MATERIAL OR DATA.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL Simply Hired OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF Simply Hired OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE ON THE SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF Simply Hired AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT YOU PAID Simply Hired TO USE THE SITE. Without limiting the foregoing, under no circumstances shall Simply Hired or its affiliates, or its or their third-party licensors, be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its or their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Governing Law and Dispute Resolution
These Terms and any dispute arising out of or in connection with the Terms 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 these Terms, by and under the laws of the State of Texas, United States of America, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in Travis County, Texas, U.S.A.. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in Travis County, Texas, U.S.A. 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, if you are located in the United States. You agree to waive your right to file a pre-suit discovery proceeding seeking a user’s identifying information from Simply Hired. If you intend to propound discovery seeking user information from SH, Inc., you agree to do so pursuant to a valid federal, Texas or Texas domesticated request, addressed to and properly served at our registered agent in Texas at 6433 Champion Grandview Way Building 1, Austin, TX, 78750. You further agree to submit to the personal jurisdiction of the appropriate Texas state or federal courts for such discovery proceedings.
You agree to defend, indemnify and hold harmless Simply Hired from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your violation of any term of these Terms; (b) your use of, and access to the Site; (c) your loss of, or disclosure of, information gained from using the Site; (d) your violation of any applicable laws or regulations, any applicable employment, equality, or discrimination laws, and any applicable data protection or privacy laws; (e) your violation of any third party right, including without limitation any copyright, property, or privacy right; (f) any claim that your content or Submission caused damage to a third party; or (g) your actions as an employer including without limitation doing or not doing the following: screening, hiring, promoting, or demoting any employee or candidate. You also agree that you have a duty to defend Simply Hired against such claims. You agree that this indemnity extends to requiring you to pay for Simply Hired’s reasonable attorneys’ fees, court costs, settlements and disbursements. This defense and indemnification obligation will survive this Terms and your use of the Site.
Class Action Waiver
By using the Site and in return for the services offered by Simply Hired, you acknowledge that Simply Hired can only offer you these services under the Terms as presented herein. As partial consideration for your use of the Site and these services, you agree not to sue Simply Hired 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 Simply Hired regarding your use of the Site. Additionally, your use of 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 including this Class Action Waiver. 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 the section titled Governing Law and Dispute Resolution above.
Waiver and Severability
No waiver by Simply Hired of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Simply Hired to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
By accessing or using the Site, you signify your assent to these Terms and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; (b) on any of the U.S. government lists of restricted end users. The materials on the Site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Simply Hired’s proprietary rights in them. You understand and acknowledge that Simply Hired or its affiliates, or its or their licensors, owns all right title and interest to the Site and all proprietary rights associated therewith. Simply Hired reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, or other indicia of ownership on the materials accessed through the Site, other than your Submissions. Any use of materials or descriptions, any derivative use of the Site or its materials, and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event may you frame any portion of the Site or any materials contained therein.
Any notices to Simply Hired must be sent to SH, Inc. via certified first class or air mail or overnight courier, and are deemed given upon receipt. Notice to you may be effected by sending email to the email address specified in your account, or by fposting a message or notice to your account interface, and is deemed received when sent (for email) or no more than fifteen (15) days after having been posted. You may not assign or delegate any of your rights or obligations hereunder without Simply Hired’s prior written consent and any such attempt is void. Simply Hired may freely assign or delegate its rights and obligations hereunder without notice to you. Additionally, Simply Hired may assign any agreement between you and Simply Hired to any related Simply Hired entity by informing you of such assignment. Simply Hired and you are not legal partners or agents, but are independent contractors.
Feedback, comments, requests for technical support, and other communications relating to the Site, but not related to privacy or copyright complaints, should be directed to: help @ simplyhired.com