SimplyHired Terms of Service
Last Updated: April 30, 2021
Any references to “SimplyHired” or “we” in this Agreement shall mean SH, Inc.
The Site is made available for use only by individuals searching for employment openings, or services or information related to their personal employment or job search (“Job Seekers”), and by individuals and/or organizations seeking information related to hiring or human resources or 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 and employment agencies (“Employers”). 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. If you are accessing or using the Site in your capacity as an employee or other representative of an Employer, you are agreeing to this Agreement on behalf of yourself and such Employer, and you represent and warrant that you have the authority to bind such Employer to this Agreement. If you are using assistive technology to access the Site and you need help, you can contact us. You acknowledge that SimplyHired owns a copyright in the Site, SimplyHired Apps, including in compilations of information available through any of the foregoing.
We may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. Any such changes will not apply to any claim brought prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. Your access to or use of the Site following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legends in each section of the terms and conditions indicate when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Site (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.
A. Terms of Service for Job Seekers
1. Job Ads or Job Listings
SimplyHired may make available Job Ads advertising employment opportunities and other job-related content, including links to third-party websites (“Job Listings” or “Job Ads”), through SimplyHired’s search results or otherwise through the Site. Searching for Job Ads on SimplyHired is free for Job Seekers. Job Ads are created and provided by third parties over whom SimplyHired exercises no control; you acknowledge and understand that SimplyHired has no control over the content of Job Ads, links to or from Job Ads, or any conditions third parties might impose once a Job Seeker has submitted an application or left the Site. For example, some of these third parties may attempt to charge Job Seekers a fee to apply to a particular job, although SimplyHired endeavors not to make such Job Ads available on the Site. If you leave the SimplyHired Site and choose to enter a third-party website, you accept any terms and conditions imposed by that third-party. Employer websites may have conversion trackers or other functionality provided by SimplyHired, which informs us that an application has been completed on an Employer site. An Employer 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 SimplyHired has no control over such an Employer or its website. You agree to SimplyHired’s use of, and receipt of information from, any such conversion tracker functionality. Except for sponsored, featured or paid placements, the Job Ads contained on (or linked from) the Site are indexed or posted in an automated manner. SimplyHired has no obligation to screen any Job Ads, or to include any Job Ads, in its search results or other listings, and may exclude or remove any Job Ads from the Site or your search result for any or no reason. You understand and agree that SimplyHired has no obligation to present you with any or all Job Ads. We cannot confirm the accuracy or completeness of any Job Ad or other information submitted by any Employer or other user, including the identity of such Employer or other user. SimplyHired assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Job Ads, Company Pages, screener questions and responses, and assessments. Additionally, SimplyHired may provide search options to narrow down Job Ads search results by job type categories (i.e. full-time, part-time, etc.), and such categories are created independently and entirely by SimplyHired, and may not directly or accurately reflect the content of the Job Ads. SimplyHired may reformat Job Listings so that you may read them more clearly on a mobile phone. Placement of a Job Ad on a certain page is not a representation regarding the nature of the role for legal purposes. While SimplyHired may in some circumstances be compensated by employers who post Job Ads, helping keep SimplyHired job search free for Job Seekers, all Job Ads are considered advertising. SimplyHired displays Job Ads based on a combination of employer bids and relevance, such as search terms, and other information provided and activities conducted on SimplyHired. You are not permitted to use SimplyHired’s Site or its content other than for non-commercial purposes. For purposes of this Section A of the SimplyHired 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 Job Seeker. SimplyHired may provide functionality to call a telephone number contained in a Job Ad using the phone app on a mobile device. SimplyHired cannot guarantee that the extracted phone number is the correct phone number for the Employer or for the Job Ad you are viewing.
2. Resumes and Recommended Jobs
By uploading or creating a resume through the Site, you understand that a SimplyHired account will be created for you. You may also create a SimplyHired account or log into your SimplyHired account using Facebook or Google. If you do not already have a SimplyHired account but you log into SimplyHired using your Facebook or Google account, this creates a SimplyHired 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 are requesting and authorizing SimplyHired to make available your resume on the Site and to third parties (such as Employers and SimplyHired partners or affiliate websites) that SimplyHired believes may have an interest in your resume. By creating or uploading a resume on SimplyHired (a “SimplyHired Resume”), SimplyHired may share with you Job Ads that match the contents of your SimplyHired Resume. SimplyHired may also highlight to you items in your resume that may match qualifications from the Job Ad, or highlight to you items that appear in the Job Ad and may be missing from your resume. These highlights do not mean you are or are not qualified for the job or that you should or should not apply for it. Applying for such Job Ads does not guarantee job interviews or hiring. Even where SimplyHired highlights items or a Job Ad is shared with you, SimplyHired assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of Job Ads or highlights. SimplyHired assumes no responsibility and disclaims all liability for the resume or application information you post, send or receive through the Site. It is your responsibility to review your resume to ensure it contains the right information or any information you intend to include or update. If you see any inaccuracy in any such material, it is your responsibility to correct such information or to contact SimplyHired to do so. To mitigate fraud, SimplyHired may mask or hide your contact information, such as your email address, from your resume or application, for example, and may substitute it with an alias. SimplyHired makes no promise to you about whether all or part of your contact information will be masked, and the decision to mask such information is in SimplyHired’s sole discretion. SimplyHired reserves the right to limit your ability to set your resume to public, and may set a public resume to private, at any time, to prevent illegal conduct, for fraud mitigation, or for any other reason in SimplyHired’s discretion. SimplyHired assumes no responsibility and disclaims all liability for the resume or application information you post, send or receive through the Site.
SimplyHired may also automatically send you recommended jobs via the email address you use to create a SimplyHired account or apply to a job. SimplyHired may determine what these recommended jobs are on the basis of a variety of factors, including but not limited to, any information you input on the Site about yourself (including in your SimplyHired Resume), searches you run on the Site, jobs you click on, jobs you apply to, or the materials you provide in a job application to an Employer through SimplyHired.
3. Applying to Jobs Through SimplyHired
When you apply to a job using SimplyHired Apply, SimplyHired will attempt to send your application to the contact information provided to us by an Employer or their Agent, which may include sending your application to an Applicant Tracking System (ATS) selected by the Employer. We cannot guarantee that such messages and applications will be delivered, received, accessed, read or acted upon. SimplyHired also does not guarantee that any Employer will receive, be notified about, access, read or respond to any such resume or other application material, or that there will be no mistakes in the transmission or storage of the data. However, SimplyHired may alert you when any of the above events occur. Please note that Job Ads may expire between the time you submit your application and from the time it is received. SimplyHired has no responsibility for expired Job Ads or for delivering applications prior to a Job Ad’s expiration. In addition we cannot vouch for the validity of the contact information provided to us by Employers. We also cannot vouch for the technical capabilities of any third-party sites, including but not limited to ATSs. Third party sites, including ATSs used by Employers, may disclaim liability for technical malfunctions, including the failure in the delivery of applications. We are not responsible if an ATS rejects or fails to deliver an application to an Employer for any reason. If you do not feel comfortable sending an application or messages in this manner, or having your application or messages stored on SimplyHired, do not use the SimplyHired Apply or SimplyHired relay functions and please send your application or messages directly to the Employer by whatever other method you so choose, including the public mail system. You may contact the Employer directly to find alternative methods of application if you do not wish to apply through SimplyHired. By using the SimplyHired Apply system, you fully consent to the above.
If you require alternative methods of screening or application you must approach the Employer directly to request such alternatives as SimplyHired is not responsible for the Employer application process.
By using SimplyHired, you agree that SimplyHired is not responsible for the content of the Employer’s job application, messages, screener questions, skills assessments or their format or method of delivery, and that SimplyHired does not guarantee receipt of your application by the Employer, or your receipt of messages from the Employer. Please note that SimplyHired does not choose the questions asked by Employers or decide the job qualification criteria of Employers. Some questions may be labeled as Optional, indicating only that the application may be submitted to the Employer without providing an answer. SimplyHired cannot guarantee that the Employer will consider such an application or make a particular determination with regard to such an application. SimplyHired may inform Job Seekers that an Employer’s requirement from a job description does not appear to be present on a resume or application; this information is presented without warranty and SimplyHired does not guarantee that updating a resume or application will result in any job offer. SimplyHired does not guarantee the identity of an Employer or any individuals working for any Employers, and cautions Job Seekers when applying to jobs. SimplyHired cannot make any guarantee regarding health and safety measures in an Employer’s hiring or interviewing process. SimplyHired recommends Job Seekers follow personal health and safety best practices as recommended by the World Health Organization or similar institution. SimplyHired does not guarantee the validity of a job offer and cautions Job Seekers to verify the validity of a job offer before taking an adverse action regarding their current employment situations. Job Seekers are solely responsible for verifying the accuracy of any Employer or job offer.
SimplyHired may use your application materials (including resumes and responses to screener questions) and the recency of your activity on SimplyHired to determine whether the words of any Job Seeker’s resume and answers to screener questions match the words of a Job Listing or Resume query, and vice-versa. You agree and consent that SimplyHired may differentiate those matching resumes and screener questions from those that do not match, and present them to Employers as matches or not matches. SimplyHired may also use such information in order to improve the Site or any other SimplyHired product or service (including by displaying or otherwise making available potentially relevant Job Listings and resumes to Job Seekers and Employers). SimplyHired may also highlight to you items in your prior application materials (including items in your resume and past responses to screener questions) that may match qualifications from the Job Listing, or highlight to you items that appear in the Job Listing that may not match your application materials. These highlights do not mean you are or are not qualified for the job or that you should or should not apply for it. Applying for such Job Listings does not guarantee job interviews or hiring. Even where SimplyHired highlights items or a Job Listing is shared with you, SimplyHired assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of Job Listings or highlights.
By using SimplyHired Apply and answering screener questions, you acknowledge that Employers may have instructed SimplyHired to send out rejection notices if your answers do not match the answers sought by the Employer, and you acknowledge that SimplyHired has no discretion in the transmission of these rejections. When you search for jobs on the SimplyHired Job Search app and proceed to apply for a job, including jobs on third-party sites, SimplyHired may suggest information from your SimplyHired profile to include in your application. It is your responsibility to review suggestions before accepting them and including them on your application.
For Job Seekers located in the UK, if you share your profile or resume with Indeed, you acknowledge that when contacted by Indeed presented as Indeed Hire (hereinafter referred to as “Indeed Hire”), Indeed is acting as an Employment Agency (as defined under applicable law). The services Indeed Hire offers are set out in Indeed’s terms. Indeed Hire will only send you Job Listings that Indeed Hire determines may be of interest to you. You further acknowledge that Indeed Hire is not authorised to receive any money on your behalf and/or to enter into any contracts on your behalf. You may also end your relationship with Indeed Hire at any time.
4. Communications and Other Actions on the Site
When you view, send, store or receive materials (including Job Listings, resumes, messages, applications, questions and responses in applications, and any other information) through or using the Site, SimplyHired may, for example, use such materials for data analysis, quality control, or to refine the Site or any other SimplyHired product or service (including to provide better search results and other listings for Job Seekers and Employers), whether via automated means or otherwise. When an Employer views, sends, stores or receives materials through or using the Site, SimplyHired may inform you about such actions. Additionally, we may also inform you that an Employer has taken other actions with regards to a Job Ad, your Resume, or your application, such as pausing or closing a Job Ad, opening your Resume or application, viewing your Resume or application, responding to your Resume or application, and making a decision with regards to your application or Job Ad. SimplyHired may inform the Employer about activities you take on the Site or your use of the Site, for example, whether you are online on SimplyHired, and you hereby consent to SimplyHired taking such actions.
If you have turned on browser push notification and wish to turn them off, you may do so by visiting the settings on your browser.
SimplyHired may offer you the opportunity to receive a text message interview reminder from SimplyHired when an Employer has scheduled interviews with you. In such an event you will enter your phone number on the SimplyHired consent form and by entering your phone number you are representing and confirming it is your phone number and that you have the right to accept text messages at the number. SimplyHired will only send you a text message reminder for such interview and you agree to accept such text message reminder on your cell phone, including messages sent by automated telephone dialing system. Please note that since these text message services depend on the functionality of third-party providers, there may be technical delays on the part of those providers. We also cannot vouch for the technical capabilities of any third parties to receive such text messages.
SimplyHired may also insert functionality into messages relating to your application allowing you to place calls directly to third parties. Please note this functionality is provided solely as a courtesy and that such calls are not placed through or tracked by SimplyHired. Your standard calling rates with your phone provider will apply.
You may receive messages, including but not limited to text messages, emails or email notifications corresponding with your or an Employer’s (in the event you applied for a job) activity on or use of the Site, SimplyHired Apply, 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 accept an interview request, it is your responsibility to follow up with the employer separately to ensure they know your response, do not rely on notifications through SimplyHired. SimplyHired may use your email address to create an alias email address for your communication, in lieu of displaying your actual email address to the Employer. Once an Employer has your contact information, you agree that SimplyHired is not responsible or liable for the manner in which the Employer uses the information. 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. SimplyHired 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.
SimplyHired may enable chatbots, which allows you to take certain actions on the Site, such as apply to a job, schedule an interview, or otherwise interact with the Site, Employers, or Job Listings on our Site (“Chatbot”). You understand that the Chatbot is an automated service that does not involve human interaction. It is your responsibility to ensure the accuracy and completeness of information submitted through the Chatbot. SimplyHired is not responsible for any loss, damage or inconvenience arising as a consequence of the use (or inability to use) the Chatbot or from the information you submit via the Chatbot.
SimplyHired reserves the right to turn on or enable SimplyHired Chat or other communication options for select Employers or Job Listings, in its sole discretion, and to notify you that SimplyHired Chat or other communication options are available for a particular job or Employer. For SimplyHired Chat, you may access or view your messages by visiting your SimplyHired Chat messages dashboard. SimplyHired may, in its sole discretion, turn off or disable SimplyHired Chat for any Employer or Job Seeker at any time without prior notice. Please note that if you are using SimplyHired Chat to communicate with an Employer, SimplyHired will deliver your messages as instructed by the Employer.
5. Salary, Career, Hiring and Other Information Provided by SimplyHired
SimplyHired may provide some information and content to users for informational purposes only. For example, SimplyHired may provide you with data regarding estimated salaries for a given Job Listing, number of applies to a Job Listing, responses to certain screener questions for a Job Listing, or the likelihood that a particular event will occur such as being selected for an interview. This information provided by SimplyHired is based on estimates given for informational purposes only and without warranty, and is subject to change or varying levels of accuracy. SimplyHired may also include salary estimations on pages other than Job Listings on the Site. Please note that all salary figures are approximations based upon multiple third party submissions to SimplyHired, including from SimplyHired affiliates. These figures are given to SimplyHired users for the purpose of generalized comparison only. Minimum wage may differ by jurisdiction and you should consult the employer for actual salary figures.
Similarly, career-related or hiring-related information provided by SimplyHired is for informational purposes only, and is in no way to be construed as professional career counseling or staffing services. You understand that SimplyHired 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, SimplyHired 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, or assurance of being hired, and you take full responsibility for use of these services or guides. As a user of the Site, SimplyHired 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.
SimplyHired may offer, as part of the Services, the opportunity for you to engage with third parties, sometimes referred to as career coaches or professional writers, to discuss job search, resume writing, or career strategies, either through the Site or in person. Regardless of how you interact with them, you acknowledge that these third parties are not employees of SimplyHired and that SimplyHired is not responsible for the content of any such discussion. Do not share any information you consider confidential or personally sensitive with these third parties. SimplyHired does not guarantee the quality or effectiveness of any advice, recommendations, or guidance you may receive from these third parties. You agree that, to the maximum extent permitted by law, SimplyHired will have no liability arising from any discussion you have with such a third party.
6. Your Job Seeker Data
As a Job Seeker, you take a variety of actions on our Site and you provide various information. For example, you search for jobs, and SimplyHired knows and stores the titles of jobs you search for and click on, where those jobs are located, the general salary range or experience level of the jobs you view (if indicated on the Job Listings), the Job Listings you apply to, your amount of activity or time of most recent activity on SimplyHired, information you provide directly to SimplyHired including desired salary, or past experience, or information in the “About me” part of your profile, or any of your other behavior on the Site or information provided. You know exactly what this data is because you are the person who provided the information or undertook the activity and the data pertains only to your activity. If you have a SimplyHired account or a SimplyHired Resume, you agree that SimplyHired may associate this data with your SimplyHired profile and use this observed factual data to suggest jobs to you and to suggest you or your resume to Employers that might be interested in a person who matches your behavior on SimplyHired. You also agree that SimplyHired may contact you based on this observed behavior or provide you with information on behalf of Employers or SimplyHired itself. Please note, the aforementioned actions do not include information sent to you by a third party, however, SimplyHired may publicly display the fact that you have recently used the SimplyHired Site to correspond with a third party. In addition, By uploading or creating a resume through the Site, SimplyHired may share all of the aforementioned information about yourself with third-party Employers or SimplyHired partners or affiliate websites. If you do not wish to share such information, you may set your Resume to private.
7. Screening Tools
SimplyHired may make screening tools available to Employers for Employer use in the application process, including screener questions, phone screen tools and assessments. SimplyHired is licensing these tools for Employers’ use as determined by Employers. As a Job Seeker you agree that the Employer has made the determination to use these tools as part of its application process, and the questions asked are solely determined by the Employer, and are not being asked by SimplyHired. The Employer 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 Employer 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 SimplyHired is guided by WCAG 2.1, Level AA in our efforts to design and develop accessible offerings, as outlined in the accessibility statement, SimplyHired 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 Texas, United States of America, if you are located in the United States, or the laws of the Republic of Ireland, if you are located elsewhere, 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., if you are located in the United States, or Dublin, Ireland, if you are located elsewhere. 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, if you are located in the United States of America, or Dublin, Ireland, if you are located elsewhere.
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.
9. Class Action Waiver
By using the Site and in return for the services offered by SimplyHired, you acknowledge that SimplyHired 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 SimplyHired 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 SimplyHired regarding your use of the Site. Additionally, as a Job Seeker, your use of job 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. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to Section 8 above.
Terms of Service for Employers
The following terms and conditions apply to all Employers and other users who access or use the Site as intended for 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, or otherwise indicate their acceptance to this Agreement. For purposes of this Section B of the SimplyHired General Terms of Service, all references to “you” or “your” shall mean you, the individual or organization accessing this Site in your capacity as an Employer.
1. Employer Accounts
As an Employer, your account is for business use and not for personal use. SimplyHired is not responsible for and disclaims all liability if your email is used improperly or falsely by a third party. By registering for a SimplyHired account, you agree to receive mandatory email updates regarding anomalous activity to your SimplyHired 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 an Employer 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 or job listing, as described on the site, including but not limited to accessing account data or purchasing services from SimplyHired under such account. If you are an Admin adding a user to a Role or several Roles, you represent to SimplyHired 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 SimplyHired 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, access to your account, and any purchases made under your account. You agree that SimplyHired 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, resume contacts, and billing information, and you consent to such access. When using a Linked Account, any users with access to certain Roles may also have the ability to purchase SimplyHired products under your account, and you agree that you are responsible for the payment of all such purchases made.
If your SimplyHired employer account has a credit card on file to pay for one SimplyHired product or service, SimplyHired may charge that card for any additional products or services you order
If you purchase services from SimplyHired, then you shall be charged if, and as, indicated by the Site. Details regarding payment plans are available on the Site. If you are offered and select a Cost Per Qualified Applicant fee plan, you agree and acknowledge that the determination of whether any applicant is considered “qualiﬁed” is entirely determined by you as an Employer and not in any way by SimplyHired. A “qualiﬁed applicant” means only an applicant in which you have indicated interest to SimplyHired through the Site. The determination of whether any applicant is “qualiﬁed” is determined solely through your activity on the Site and will not include any opinion or judgment on the part of SimplyHired. All charges are based on SimplyHired’s measurements of the applicants you have determined to be “qualiﬁed.” Charges are exclusive of taxes. You are responsible for all taxes as applicable and appropriate. You are responsible for paying all taxes, government charges, and reasonable expenses and attorney fees SimplyHired incurs in collecting late amounts. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODIC ALLOTMENTS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. Refunds (if any) are at the absolute discretion of SimplyHired and only in the form of credit for SimplyHired services. You acknowledge and agree that any credit card and related billing and payment information that you provide to SimplyHired may be shared by SimplyHired with companies who work on SimplyHired’s behalf (such as payment processors and/or credit agencies) solely for the purposes of checking credit, effecting payment to SimplyHired and servicing your account. SimplyHired may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. SimplyHired shall not be liable for any use or disclosure of such information by such third parties. All withholding tax remittances to the government are your sole responsibility and SimplyHired shall have no liability whatsoever therefore. Invoices may be provided to you via electronic mail, unless otherwise speciﬁed by SimplyHired. If you purchase a subscription plan, you acknowledge and agree that SimplyHired will charge you on a recurring basis until you cancel your subscription plan and such cancellation goes into effect, which may not be until the next billing cycle. The applicable billing cycle (e.g. monthly or annual, etc.) will depend upon the terms agreed upon.
2. Employer Services Including SimplyHired Apply and Screener Questions
You are responsible for the contents of your emails, application form, screener questions or their format, any Job Listings that you post, and any messages that you send through SimplyHired Apply or otherwise, and agree that SimplyHired is not responsible for such content and disclaims all liability for such content, including as to whether such content is legal. You agree that SimplyHired may reject or remove any Job Listing, any part of any Company Page, or any questions for Job Seekers for any or no reason. SimplyHired further does not guarantee delivery, your receipt of the Job Seeker’s emails or application materials, or that there will be no mistakes in the transmission or storage of the data. In the event a message being sent is intended for a closed account, these messages will not be deliverable. If you do not feel comfortable sending a message, including but not limited to an offer letter, to a Job Seeker through SimplyHired’s relay functions, do not use the SimplyHired relay functions and please contact the Job Seeker via the personal information provided in such Job Seeker’s resume or application or by whatever method you so choose. When using the SimplyHired Apply function, SimplyHired will attempt to send applications to the contact information provided to SimplyHired by you, however, SimplyHired has no ability to verify the contact information provided by you. In the event you provide incorrect contact information, it shall be your responsibility to correct, appropriately respond, or take any steps necessary to protect the privacy of such Job Seekers, and you indemnify SimplyHired for any damages resulting therefrom.
When you use the SimplyHired Apply relay function for your Job Listings, you acknowledge and agree that SimplyHired may add functions into the corresponding SimplyHired Apply emails. In addition, SimplyHired may, on your behalf, send out reminder emails to Job Seekers you wish to interview. SimplyHired may also send emails to Job Seekers on your behalf indicating that your Job Listing is potentially a match for the Job Seeker’s resume. When you use screener questions, you may be given the option to instruct SimplyHired to send out rejection notices if the Job Seeker has not answered the questions in the manner set forth in the online instruction. If you choose such option, you agree you are instructing us to send out rejection notices to such candidates and set them to rejected in your candidate dashboard. You further acknowledge that SimplyHired has no discretion in the transmission or storage of these or all other rejection notifications (which is purely mechanical), that transmission or storage is not guaranteed, and that the Job Seeker may not have answered the screener questions accurately. When you use SimplyHired’s candidate management tools, you may be given the option to send automatic rejection notices to candidates whose status you set to “rejected”. If you choose such option, you acknowledge that SimplyHired has no discretion in the transmission or storage of rejection notices.
You agree that SimplyHired may take action to try to identify and reduce spam applications, and that one method of doing so may include imposing a cover letter requirement for such applicants. SimplyHired does not verify the identity of any Job Seekers who apply to your job listing, nor does SimplyHired know a Job Seeker’s motivation for applying to your job listing, and thus provides no guarantee as to the Job Seeker’s qualifications or interest in your job listing. You agree that SimplyHired Apply and SimplyHired’s relay functions are presented to you without warranty and SimplyHired assumes no responsibility for the communications between you and the Job Seeker, which communications are yours’ and the Job Seekers’ sole responsibility.
You shall indemnify, defend and hold harmless SimplyHired, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any Company Page created or claimed by you, or any Job Listing or screener questions (or answers thereto) posted by you, or any message sent by you (including any questions for Job Seekers contained in any of the foregoing). SimplyHired may make Job Ad analytics data available on a Company Page or elsewhere on the Site, and may provide analytics data regarding your Employer account to anyone at your company at SimplyHired’s discretion. To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any SimplyHired product, SimplyHired reserves the right to suspend or terminate your use of that SimplyHired product as well as any other SimplyHired product, including but not limited to those SimplyHired products where you do not have an unpaid invoice or account balance. SimplyHired may elect to apply (i) penalties for late payment as per contemporaneous US Federal Reserve interest rates plus 10% or the maximum interest permitted by law, whichever is lower and (ii) a statutory lump-sum indemnity for recovery cost, if provided for under applicable laws, and (iii) any reasonable expenses and attorney fees SimplyHired incurs collecting such late payments.
When you view, send, store or receive materials (including Job Listings, resumes, and messages) through or using the Site, SimplyHired may, for example, use such materials for data analysis, quality control, or to refine the Site or any other SimplyHired product or service (including to provide better search results and other listings for Job Seekers and Employers), whether via automated means or otherwise. When you view, send, store or receive materials through or using the Site or when you simply use or visit the Site, SimplyHired may inform a Job Seeker that you have taken an action, for example, with regards to a Job Ad, Job Seeker’s Resume, or application such as pausing or closing a Job Ad, opening the Resume or application, viewing the Resume or application, responding to the Resume or application, and making a decision with regards to the application or Job Ad, and you hereby consent to SimplyHired taking such actions.
SimplyHired, in its sole discretion, may add labels or badges to Employer names or Job Ads, such as, “Responsive Employer” or “Active Employer”. Employers may also request that SimplyHired add such labels. SimplyHired shall determine the method by which such labels or badges are determined or which Employers qualify. The lack of a label or badge may indicate that ISimplyHired does not have sufficient data to determine if an Employer qualifies.
3. Job Match
SimplyHired may use Job Seekers’ application materials (including resumes and responses to screener questions) and the recency of their activity on SimplyHired to determine whether the words of their resume and answers to screener questions match the words of your Job Listing or Resume query, and vice-versa. You further agree and consent that SimplyHired may differentiate those matching resumes and screener questions from those that do not match, and present them to you as matches or not matches. SimplyHired may also use such information in order to improve the Site or any other SimplyHired product or service (including by displaying or otherwise making available potentially relevant Job Listings and resumes to Job Seekers and Employers).
4. Salary, Applies or Other Information Provided by SimplyHired
SimplyHired may provide some information and content to users for informational purposes only. For example, SimplyHired may provide Job Seekers with data regarding estimated salaries for a given Job Listing, number of applies to a Job Listing, responses to certain screener questions for a Job listing, or provide you with estimated applies to your Job Listing. All such figures provided by SimplyHired are estimates given for informational purposes only, and they are subject to change or varying levels of accuracy. With respect to information regarding estimated applies, if you are participating in the SimplyHired Ads Program, please note that this is not the information you are purchasing from SimplyHired and you are not charged per apply. SimplyHired may also include salary estimations on pages other than Job Listings on the Site. Please note that all salary figures are approximations based upon multiple third-party submissions to SimplyHired, including from SimplyHired affiliates. These figures are given to SimplyHired users for the purpose of generalized comparison only. Minimum wage may differ by jurisdiction and you should consult the employer for actual salary figures. SimplyHired may also provide data regarding impressions in relation to your job ad. Such figures are provided for informational purposes only, are subject to change at any time, and SimplyHired does not guarantee their accuracy. SimplyHired reserves the right to change the method of measuring such figures at any time.
5. Screening Tools
SimplyHired may make available to you screening tools for your use during the application process, including screener questions. SimplyHired is licensing these tools to you for your use as you determine. By using any screening product, made available to you by SimplyHired, 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 SimplyHired. 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 SimplyHired is guided by WCAG 2.1, Level AA in our efforts to design and develop accessible offerings, as outlined in the accessibility statement, SimplyHired 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 SimplyHired for any and all 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”.
6. Communication through SimplyHired
You may receive messages, emails or email notifications corresponding with your or a Job Seeker’s activity on or use of the Site SimplyHired Apply, 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 a Job Seeker, it is your responsibility to follow up with the Job Seeker separately to ensure they know about the interview; do not rely on notifications through SimplyHired. SimplyHired may use your email address to create an alias email address for your communication, in lieu of displaying your actual email address to the Job Seeker. Once a Job Seeker has your contact information, you agree that SimplyHired is not responsible or liable for the manner in which the Employer uses the information. 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. SimplyHired 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 a Job Listing directly on SimplyHired, applications are sent only to your SimplyHired 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 Job Seeker has not answered screener questions correctly, although these applications will be sent to your SimplyHired dashboard. SimplyHired reserves the right to turn on or enable SimplyHired Chat or other communication options for select Employers or Job Listings, in its sole discretion, and to notify Job Seekers that SimplyHired Chat or other communication options are available for a particular job or Employer. For SimplyHired Chat, you may access or view your messages by visiting your SimplyHired Chat messages dashboard. If you do not wish to use SimplyHired Chat, you may turn it off by visiting your SimplyHired Chat dashboard. SimplyHired may, in its sole discretion, turn off or disable SimplyHired Chat for any Employer or Job Seeker at any time without prior notice.
7. Company Pages
When you post a Job Ad directly on SimplyHired or submit a request for a landing page on SimplyHired, SimplyHired may automatically generate for you a Company Page. You understand that SimplyHired may display publicly available information about your company on the Company Page, in accordance with applicable law. Company Pages allow User Content (as defined below) to be posted by individuals (through a SimplyHired affiliate website) that may not be affiliated with the Company that owns the Company Page, including but not limited to the answers to Q&A questions on Company Pages. Additionally, SimplyHired may include all of your Job Ads posted on the Site on your Company Page, including but not limited to those posted directly on SimplyHired as well as those indexed by SimplyHired. You agree that you are solely responsible for any content you edit or put on a Company Page, whether generated by or for you, including but not limited to photograph(s) or videos you provide, and third-party websites reachable from content you put on a Company Page.
8. HR Management Tools
SimplyHired may make HR management software tools available to employers and their employees (“HR Management Tools”). If you are an employee using any HR Management Tools, you agree that such use is subject to the provisions of this Agreement. You further acknowledge that while SimplyHired is only providing the HR Management Tools for your and your employer’s use, and that SimplyHired accepts no responsibility for such use. SimplyHired does not provide legal advice and cannot guarantee that your employer will configure or use any HR Management Tool to be in compliance with the law. Your employer retains all responsibility for such compliance. If you have questions or concerns about the legality or appropriateness of any configuration of an HR Management Tool, you must raise them directly with your employer.
9. 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 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 Federative Republic of Brazil, if you are located in Brazil; the laws of the Republic of India, if you are located in India; the laws of the State of Texas, if you are located in the United States; the laws of the Republic of Singapore, if you are located in the Asia-Pacific Region*; the laws of England and Wales if you are supported primarily by our UK office; the laws of France if you are primarily supported by our office in France; the laws of Italy if you are primarily supported by our office in Italy; the laws of Italy if you are primarily supported by our office in Italy; the laws of Ontario, Canada if you are primarily supported by our offices in Canada; or the laws of the Republic of Ireland, if you are located elsewhere, 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: São Paulo, state of São Paulo, Brazil if you are located in Brazil; Bangalore, state of Karnataka, India if you are located in India; Travis County, Texas, U.S.A., if you are located in the United States; The Republic of Singapore, if you are located in the Asia-Pacific Region*; London, England, if you are supported primarily by our UK office; Paris, France, if you are supported primarily by our office in France; Milan, Italy, if you are supported primarily by our office in Italy; Province of Ontario, if you are supported primarily by our offices in Canada; or Dublin, Ireland, if you are located elsewhere. Each of the Parties hereby consent to the exclusive personal jurisdiction of the courts located in: São Paulo, state of São Paulo, Brazil if you are located in Brazil; Bangalore, state of Karnataka, India if you are located in India; Travis County, Texas, U.S.A., if you are located in the United States; The Republic of Singapore, if you are located in the Asia-Pacific Region*; London, England, if you are supported primarily by our UK office; Paris, France, if you are supported primarily by our office in France; Milan, Italy, if you are supported primarily by our office in Italy; Province of Ontario, if you are supported primarily by our offices in Canada; or Dublin, Ireland, if you are located elsewhere.
You agree to waive your right to file a pre-suit discovery proceeding seeking a user’s identifying information from SimplyHired. If you intend to propound discovery seeking user information from SimplyHired, 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 SH, Inc., c/o CSC at 211 E 7th St Suite #620 Austin, TX 78701. You further agree to submit to the personal jurisdiction of the appropriate Texas state or federal courts for such discovery proceedings.
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.
*For the purposes of this Agreement, the Asia-Pacific Region is defined as the following countries and territories: American Samoa, Antarctica, Australia, Bangladesh, Bhutan, Brunei, Cambodia, China, Christmas Island, Cocos Islands, Cook Islands, East Timor, Fiji, French Polynesia, French Southern Territories, Guam, Heard Island and McDonald Islands, Hong Kong, Indonesia, Japan, Kiribati, Laos, Macao, Malaysia, Maldives, Marshall Islands, Micronesia, Mongolia, Myanmar, Nauru, Nepal, New Caledonia, New Zealand, Niue, Norfolk Island, Northern Mariana Islands, Pakistan, Palau, Papua New Guinea, Philippines, Pitcairn, Samoa, Singapore, Solomon Islands, South Georgia and the South Sandwich Islands, South Korea, Sri Lanka, Taiwan, Thailand, Tokelau, Tonga, Tuvalu, Vanuatu, Vietnam, Wallis and Futuna.
10. Class Action Waiver
By using the Site and in return for the services offered by SimplyHired, you acknowledge that SimplyHired 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 SimplyHired 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 SimplyHired 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 9 above.
Terms of Service for All Users
The following terms and conditions apply to all Job Seekers, Employers, and other users who access or use the Site (whether directly or via any API), or otherwise indicate their acceptance to this Agreement.
1. Accessing External Sites
The Site contains links to other sites on the Internet which are owned and/or operated by third-party vendors and other third parties (the “External Sites” or “External Site”). You acknowledge that SimplyHired is not responsible or liable for any such third parties or for the availability of, or the materials located on or through any External Sites. You should contact the site administrator or webmaster for the applicable External Site if you have any concerns regarding such links or the materials located on an External Site.
In addition, SimplyHired may provide you with links to 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 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 may be notified on the site that these are third-party sites and services, and not SimplyHired.
For example, SimplyHired may provide you with access to a link on SimplyHired to background check services offered and performed by a third party (each a “Third-Party Background Check Service”). This service may be offered in the form of permitting a Jobseeker to request their own background check or permitting an Employer to request a background check of a Jobseeker. If you choose to use this link and these services, you are contracting directly with the Third-Party Background Check Service, and SimplyHired is not a party to this contract. Please note (and you acknowledge) that SimplyHired cannot and does not assemble, access, view, analyze, manipulate, alter, evaluate or store the background check reports provided by any Third-Party Background Check Service to you or to any other SimplyHired user. SimplyHired operates solely as a technical conduit, allowing the transmission of background checks sent by a Third-Party Background Check Service to you. Further, you agree to fully indemnify and defend SimplyHired for any claims arising out of your use of a Third-Party Background Check Service’s services or a background check provided to you by a Third-Party Background Check Service.
Please note that while this Agreement describes SimplyHired’s services generally, services may differ by availability, and you should check the Site in your location to see which services are available to you. For example, while some parts of this Agreement describe matching services, SimplyHired does not offer any matching services in Japan.
2. Using our Site
When you use the Site, you agree to SimplyHired knowing, processing, analyzing, and recording any and all activities you take on the Site and any and all interactions and communications you have with, on, or through the Site, including, but not limited to, knowing, processing, analyzing, and recording which areas of the Site you visit (including without limitation URLs), which content you view, which info you input, whether and where you click, scroll, hover-over, mouseover, or otherwise interact with or communicate with or through the Site, the timing of each activity, and time spent on each activity. You agree that SimplyHired may use third-party vendors to create, store, process, analyze, and record any and all such interactions, activities, and communications made with, on, or through our Site. The Site cannot work as SimplyHired intends it to work unless SimplyHired undertakes such activities. If you do not want your actions to be processed, analyzed, or recorded this way, do not use the Site.
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. SimplyHired 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 SimplyHired services that utilize the Site, you must have a prior written agreement with SimplyHired to do so, or have accepted SimplyHired’s online terms of service. Please 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.
As previously communicated, all individual accounts created before June 30, 2016 have been deactivated.
3. User Content
Some parts of the Site, such as message boards and forums or job posting pages, may allow users to post content like Job Listings, resumes, information, text, images, audio, video, messages, and other materials (any such materials that a user submits, posts, displays, or otherwise makes available on or through the Site, or any materials that a user submits to SimplyHired, including where it is stated that such materials may be posted on the Site or a third-party website, including, but not limited to, mobile apps, are referred to herein as “User Content”). Such functionality is designed to help users obtain career and company information, to let users know of jobs, to provide information about potential job candidates, and facilitate other communication. User Content is provided by third-party contributors, many of whom may use anonymous screen names. User Content may be inaccurate, incomplete, misleading or deceptive. For example, the Site makes available Company Pages, which allow User Content to be posted on SimplyHired affiliate websites by individuals that may not be affiliated with the Company who owns the Company Page, including but not limited to the answers to Q&A questions on Company Pages. SimplyHired does not endorse and is not responsible for any User Content, including any opinion, advice, information, or statement contained therein. Some elements of SimplyHired job search results pages may appear to be content produced by SimplyHired, but are actually a reproduction of user-generated search queries. Job Ads or other User Content may be reformatted or include words such as “Powered by Indeed”. Such content retains its status as User Content despite reformatting or addition of “Powered by Indeed” or a similar phrase. You acknowledge that by accessing the Site, you may come into contact with content (including User Content) that you find harmful, offensive, threatening, indecent or objectionable, including, but not limited to, explicit language and other potentially offensive material, and you acknowledge that SimplyHired shall have no liability with respect to such content.
You must not post any User Content 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 User Content that contains proprietary information, trade secrets, confidential information, advertisements (other than Job Advertisements permitted by this Agreement), 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.
You are prohibited from posting any User Content 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. SimplyHired may remove any such identification information, but does not undertake any obligation to do so, and has no responsibility and disclaims all liability for any posting of such identification information. SimplyHired reserves 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.
Although SimplyHired has no obligation to do so, SimplyHired may monitor User Content, and reserves the right to delete any User Content or portion thereof that, in SimplyHired’s sole discretion, violates the above rules, including any User Content that is unrelated to the specific portion of the Site on which it is posted, or that is an advertisement, recruiting or other commercial message (other than Job Advertisements permitted by this Agreement), or that SimplyHired deems in its sole discretion to be inappropriate. SimplyHired may limit your use of the Site, including but not limited to, your ability to contact other Employers or Job Seekers. If you believe that any User Content violates this Agreement or our policies, please contact SimplyHired immediately so that we may have the opportunity to consider its removal. You acknowledge and agree that SimplyHired does not have any obligation to host or remove any User Content, and i) the interpretation of whether any User Content violates any SimplyHired policy, ii) whether to publish or to withdraw from publication any User Content, and iii) whether to exclude any material that any party seeks to post on SimplyHired, will always remain within the sole discretion of SimplyHired. You agree that SimplyHired has no liability to you or anyone else arising from its editorial decisions. You acknowledge and agree that SimplyHired is an interactive computer service and does not have any obligation to screen any User Content, or to include any User Content (including without limitation Job Ads) in its search results or other listings, and may exclude or remove any User Content from publication for any or no reason.
SimplyHired reserves the right to disclose all User Content 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 SimplyHired 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. When you post on SimplyHired confidentially or otherwise (e.g. anonymous Company Reviews or a confidential Job Ad), your identity may be discoverable by legal request, including, but not limited to, requests from the government or law enforcement.
Without limiting the generality of the foregoing, SimplyHired reserves the right (but is under no obligation) to remove any Job Listing that directly or indirectly discriminates against Job Seekers. Direct discrimination means, for example, that a Job Listing specifically makes clear that only Job Seekers 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 Job Listing implicitly excludes certain classes of Job Seekers 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 Job Listing that directly or indirectly discriminate against Job Seekers or otherwise violate applicable law.
Please note: Section 230 of the U.S. Communications Decency Act provides that:
(1) Treatment of publisher or speaker
No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.
(2) Civil liability
No provider or user of an interactive computer service shall be held liable on account of-
(A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or
(B) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1).
4. License to User Content and Feedback
Only to the extent permitted by law, you grant SimplyHired a nonexclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free, transferable, 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 User Content you post or submit, for the purpose of publishing material on the SimplyHired website or its publishers, maintaining the SimplyHired website and promoting SimplyHired and such User Content without restriction. You understand that no compensation in any form shall be due or payable to you in connection with SimplyHired’s exercise of its rights under the license granted under this Section. To the extent any compensation may be due under applicable law as a result of, or in connection with, SimplyHired’s exercise of these rights, you hereby waive any and all rights to such compensation.
Furthermore, you grant to SimplyHired, its affiliates, and sublicensees a license to use your name, user name, and/or trademarks and logos in connection with (i) any such User Content, (ii) any SimplyHired marketing materials containing or incorporating such User Content, or (iii) any actions by SimplyHired to promote or publicize such User Content (e.g. Job Listings), including without limitation on third-party websites and the use of keywords in third-party internet search engines. To any extent that such User Content contains your name, likeness, voice or image, you hereby irrevocably waive all legal and equitable rights relating to claims for violation of your rights of publicity (or any similar claims) arising directly or indirectly from SimplyHired’s exercise of its rights pursuant to the license granted hereunder.
You represent and warrant that: (i) you own the User Content 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 User Content, and its submission, 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, 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 User Content. You agree to defend, indemnify and hold harmless SimplyHired and its affiliates from any claims resulting from any such User Content. If you wish to request to revoke the license granted by you in this Section for any such User Content, 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 User Content. Your certified letter of request must include (a) the signature of the applicable rights holder for such User Content or a person authorized to act on behalf of the rights holder; (b) identification of the User Content for which the license is to be revoked, and information reasonably sufficient to allow SimplyHired to locate and remove such User Content 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 User Content; 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 User Content. There may be a charge for answering and executing such a request; please contact SimplyHired for more details.
At your discretion, you may provide feedback and related materials to SimplyHired concerning the functionality and performance of the Site from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, provide any Feedback, you hereby grant to SimplyHired a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such Feedback for any purpose without restriction. You agree that SimplyHired may disclose any or all Feedback to any third party in any manner, and you agree that SimplyHired may sublicense any or all Feedback in any form to any third party without restriction. By providing any Feedback, you agree that your provision of such Feedback is gratuitous, unsolicited and without restriction, and will not place SimplyHired under any fiduciary, confidentiality or other obligation, and that we are free to use such Feedback without any additional compensation to you, and free to disclose such Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by accepting any Feedback, SimplyHired does not waive any rights to use similar or related ideas previously known to SimplyHired, or developed by its employees, or obtained from sources other than you.
5. Rules for Using Our Site
You agree not to access (or attempt to access) the Site by any means other than through the interface that is provided by SimplyHired, unless you have been specifically allowed to do so in a separate, written agreement with SimplyHired. You agree that you will not engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the Site). Unless you have been specifically permitted to do so in a separate, written agreement with SimplyHired, you agree that you will not crawl, scrape, reproduce, duplicate, copy, sell, trade or resell the Site for any purpose. Using or providing any false, fake, or fictitious name or contact information in connection with the Site is grounds for immediate termination of your SimplyHired account and ability to use the Site. You agree that you are solely responsible for (and that SimplyHired has no responsibility or liability to you or to any third party for) any breach of your obligations under this Agreement and for any consequences (including any loss or damage which SimplyHired may suffer) of any such breach.
You agree that you shall not transmit to SimplyHired or upload to or through the Site (whether as User Content or otherwise) any Harmful Code, or use or misappropriate the Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “Trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission. Without limiting the foregoing and by way of example only, users may not:
- Generate or facilitate unsolicited commercial email (“spam”). Such activity includes, but is not limited to:
- sending messages in violation of the CAN-SPAM Act under U.S. law or any other applicable anti-spam law;
- imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam;
- data mining the Site or any content, service, or property provided by SimplyHired “SimplyHired Property”;
- sending messages to users who have asked not to be contacted;
- selling, exchanging or distributing to a third party the contact information of any person without such person’s knowledge of, and continued consent to, such disclosure; and
- using SimplyHired Resume contacts in violation of SimplyHired policy, as determined by SimplyHired, including, for example, as indicated by low response rates from those persons contacted.
- Send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content, or offer to do the same. SimplyHired may block the transmission of such content.
- Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other Harmful Code or items of a destructive or deceptive nature.
- Conduct or forward pyramid schemes or similar programs.
- 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.
- Transmit another’s intellectual property or other proprietary or confidential information without such owner’s or licensor’s permission. Users who repeatedly post intellectual property owned by others will be banned from SimplyHired.
- Violate the legal rights (such as rights of privacy and publicity) of others.
- Promote or encourage illegal activity.
- Interfere with other SimplyHired users’ enjoyment of the Site.
- Create multiple user accounts in connection with any violation of the Agreement or create user accounts by automated means or under false or fraudulent pretenses.
- Sell, trade, resell or otherwise exploit for any unauthorized commercial purpose, or transfer, any SimplyHired account.
- Modify, adapt, translate, or reverse engineer any portion of the Site.
- Remove any copyright, trademark or other proprietary rights notices contained in or on the Site.
- Reformat or frame any portion of the web pages that are part of the Site without SimplyHired’s explicit written permission.
- Contact other SimplyHired users about multi-level marketing (MLM) programs, jobs that require payment to start, or any topics SimplyHired considers detrimental to its users.
- Create multiple SimplyHired accounts without permission.
- Create multiple SimplyHired accounts not under your corporate or company name, in order to attempt to achieve higher visibility in the free-to-post system.
- Bypass any limitations or suspensions of functionality.
- Provide false information.
- Scrape the SimplyHired Resume database
- Scrape or otherwise replicate any SimplyHired content for competitive purposes
- Use ad blocking or similar software in connection with your use of the Site, if and only to the extent that such software interferes with or prevents the display of Job Ads.
SimplyHired reserves the right to use any User Content (including the content of messages or material sent through or to the Site or SimplyHired) to prevent potentially illegal or tortious activities, or any other activities that are detrimental to other users. SimplyHired reserves the right to use a variety of methods to detect and block the above anomalous activity and to screen User Content to prevent abuse such as spam or fraud. However, such detection methods are not perfect and false positives may occur. If you use the Site, you agree to SimplyHired enforcing the above rules or attempting to prevent spam, fraud, or other anomalous activity. Such measures may result in a temporary or permanent suspension or termination of your account, of your access to SimplyHired’s message relay, or of your use of any other functions of the Site, with or without notice. SimplyHired shall not be responsible or liable for any such suspension or termination, including any consequences thereof.
We reserve the right to not deliver any message, including, but not limited to, job applications, that SimplyHired suspects to be malicious or spam, for fraud mitigation, or for any reason. This includes but is not limited to messages with an .ade, .adp, .bat, .chm, .cmd, .com, .cpl, .exe, .hta, .ins, .isp, .jar, .jse, .lib, .so, .dll, .lnk, .mde, .msc, .msp, .mst, .pif, .scr, .sct, .shb, .sys, .vb, .vbe, .vbs, .vxd, .wsc, .wsf, .wsh, or .zip attachment or any other attachment containing scripts, macros, or other code. SimplyHired further reserves the right to conduct investigations to determine whether you are perpetrating a scam, spamming SimplyHired or its users, or otherwise conducting fraudulent activity on SimplyHired by various means, including but not limited to investigating your functionality by setting up profiles and names that belong to SimplyHired. SimplyHired reserves the right to turn over any information gathered via such investigations to the police or other third party if SimplyHired has a good faith belief that you are using the Site in violation of these terms.
You may not use the Site, or otherwise exchange services or money with SimplyHired, if you appear on any of the following lists administered by the United States Government: (a) Bureau of Industry and Security, U.S. Department of Commerce, Denied Persons List; (b) Bureau of Industry and Security, U.S. Department of Commerce, Unverified List; (c) Defense Trade Controls –List of Debarred Parties; and (d) Specially Designated Nationals, Terrorists, Narcotics Traffickers, Blocked Persons and Vessels List; and (e) Bureau of Industry and Security, Department of Commerce, The Entity List. If you appear on such a list, SimplyHired may terminate this Agreement and your license to use the Site without any further obligations to you whatsoever.
6. Registering with and Contacting SimplyHired
Some areas of the Site, including areas that may permit you to set up a SimplyHired account, require you to register or provide an email address. If you so register, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your email address) 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. Please note that any individuals with whom you have shared your username and password and who are able to answer verification questions about your SimplyHired account may receive access to information regarding your SimplyHired account. You are advised to safeguard important data and to not upload confidential information on the Site. We reserve the right at all times (but will not have an obligation) to terminate users or to reclaim usernames or URLs. SimplyHired encourages you to enable two-factor authentication on your account. If you do not enable two-factor authentication on your account, please be aware that you are proceeding at your own risk. If someone obtains unauthorized access of your account, they may have the ability to contact users or take other actions through your account, and SimplyHired may have only limited ability to remedy such situations.
You agree that SimplyHired may, as part of its services to you, communicate with you, or initiate communication with you on behalf of a third party, through your SimplyHired account or through other means such as email, telephone (including mobile phone), or postal mail, including through the use of contact information that you may provide to SimplyHired or that SimplyHired may otherwise obtain from third-party sources. By providing SimplyHired with a mobile phone number, you confirm that you are the primary user and subscriber to the telephone number entered, and you expressly consent to receiving communication via such mobile number. If you are a Job Seeker who provided your phone number in connection with your job application, you agree the Employer may contact you at that number. When you give SimplyHired a mobile number and consent to receiving communication, such communications are inherent to the services you have signed up for. To revoke consent at any time, reply to the text with STOP or contact SimplyHired Customer Support. For clarity, you agree and understand that texting STOP in response to a SimplyHired SMS alert will unsubscribe you from SimplyHired SMS alerts. However, you may continue to receive texts related to some offerings to which you have subscribed. In order to unsubscribe from these, you must respond STOP within the specific text flows of those offerings. You may also revoke your consent by terminating the Agreement through closing your SimplyHired account. By enabling two step verification, you verify that you are the owner of the phone number you provided. Revoking consent by replying STOP or terminating the Agreement does not apply to a phone number that an Employer already has that you provided as part of a job application. Once an Employer has your phone number, you agree that SimplyHired is not responsible or liable for the manner in which the Employer uses the number.
7. Disclaimers of Warranties
SimplyHired 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 SimplyHired search results (including Jobs Listings) or otherwise made available on the Site by SimplyHired or third parties (including User Content), regardless of whether paid for or used for free. SimplyHired disclaims any responsibility or liability for the accuracy, content, completeness or reliability of information provided by SimplyHired for informational purposes only, including but not limited to, SimplyHired Analytics data like estimated applies or organic traffic, and salary information. You acknowledge you are not paying SimplyHired for the aforementioned information. SimplyHired disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information, emails, attachments or material (including User Content). SimplyHired does not guarantee that the Site will always be error free, safe, or secure. SimplyHired 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 SimplyHired 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 SimplyHired 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 SimplyHired’s Site.
SimplyHired 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 SimplyHired 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 or Services. Under no circumstances will SimplyHired be responsible for any loss or damage to any content or personal injury or death, resulting from anyone’s use of the Site, Services, User Content, 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, USER CONTENT, PRODUCTS, FEATURES AND SERVICES AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. YOU USE SIMPLYHIRED AND THE SITE AT YOUR OWN RISK. SIMPLYHIRED 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. SIMPLYHIRED 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, USER CONTENT, FEATURES, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE. SIMPLYHIRED 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 SIMPLYHIRED. SIMPLYHIRED IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
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.
8. Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL SIMPLYHIRED 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 SIMPLYHIRED 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 SIMPLYHIRED 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 SIMPLYHIRED TO USE THE SITE.
Without limiting the foregoing, under no circumstances shall SimplyHired or its affiliates, or its or their third-party licensors, be liable or responsible, or be deemed to have defaulted under or breached this Agreement, for any delay or failure in fulfillment or performance resulting, arising out of or caused by, directly or indirectly, or results from acts, causes, forces or circumstances beyond its or their control, including, without limitation, the following force majeure events: (a) acts of God or natural catastrophes or forces, (b) flood, fire, storm, earthquake, epidemics, explosion or other similar events; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riots, insurrections, other civil unrest or disturbances, military disturbances or sabotage; (d) government action, order, law or regulation or orders of domestic or foreign courts or tribunals; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor disputes or stoppages or slowdowns or other industrial disturbances or shortage of labor or materials; (i) breakdown, interruptions, loss., fluctuations or malfunctions of utilities (including heat, light or air conditioning), communications, computers (software and hardware, and including, but not limited to, computer viruses), or telephone communication services; (j) internet, computer equipment, telecommunication equipment, electrical power or other equipment or mechanical failures or shortages; (k) loss of data due to power failures or mechanical difficulties with information storage or retrieval systems; (l) non performance of third parties; and (m) other events beyond the control of SimplyHired.
9. 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 by SimplyHired 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 SimplyHired 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 SimplyHired 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: SimplyHired 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.
10. Governing Law and Dispute Resolution
If you are neither a Job Seeker nor an Employer as defined in this Agreement and are not using the Site as intended by SimplyHired, this Agreement 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 Travis County, Texas, U.S.A.
11. Severability and Reformation
Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation. The unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
12. Filtering for Minors
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 and OnGuard Online. Please note that SimplyHired does not endorse any of the products or services listed on such sites.
13. Use of Site by Minors
The Site is not for use by anyone under the age of 16. However, if local laws provide for an alternative minimum age for SimplyHired to lawfully provide the services in the Site to you, then that 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 SimplyHired under the supervision of your parent, legal guardian or responsible adult. SimplyHired adopts a range of measures to try to ensure that we do not accept individuals who do not meet the minimum age and any other applicable age requirements. If you do not satisfy these age requirements, please email email@example.com (remove spaces when sending email).
14. Using e-Signature
Some pages on the Site may offer an e-signature option, which is powered by a third-party service provider. By using e-signatures on the Site, you agree that your e-signature is intended to authenticate the document you’re signing, and your e-signature will have the same force and effect as a manual signature. SimplyHired disclaims all warranties associated with e-signatures, including any errors associated with the software or the validity of the signature. SimplyHired is not a legal record keeper. Your use of e-signatures is at your own risk, and it is your responsibility to ensure that your document is received and to retain your own copies.
15. Beta Products
SimplyHired may offer beta test products or features on our Site. You will know that a product or feature is offered on a beta or test basis because the product name or feature will state that it is offered on a beta or test basis or the name will include the word “beta.” These beta test products or features may be offered in limited quantities, in limited locations, and for a limited time. SimplyHired may discontinue or cancel all or part of a beta product or feature at anytime without prior notice to you. ANY BETA PRODUCT OR FEATURE IS IN TESTING PHASE AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, IS BELIEVED TO CONTAIN DEFECTS, AND A PRIMARY PURPOSE OF THIS BETA TEST IS TO OBTAIN FEEDBACK ON THE PRODUCT PERFORMANCE. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE BETA PRODUCT OR FEATURE OR ACCOMPANYING MATERIALS. If you have been invited to test a beta product or feature, you agree that, unless otherwise specifically provided herein or agreed by SimplyHired in writing, any beta product or feature and any documentation provided corresponding with a beta product or feature constitute confidential proprietary information of SimplyHired. You shall permit only authorized users, who possess rightfully obtained access to any beta product or functionality, access to the beta product or functionality or any corresponding documentation. You agree not to transfer, copy, disclose, provide or otherwise make available such confidential information in any form to any third party without the prior written consent of SimplyHired.
16. Questions or Complaints
This Agreement (including any other section of this Agreement) constitutes the entire agreement between the parties with respect to the subject matter hereof, including any and all provisions applicable to the parties, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by SimplyHired. This Agreement, together with any amendments and any additional agreements you may enter into with SimplyHired in connection with the Site, shall constitute the entire agreement between you and SimplyHired concerning the Site. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. You agree that this Agreement cannot be altered, amended, modified or overridden, except by a document signed by an authorized representative of each party. For the avoidance of doubt, email or phone communication between you and a SimplyHired employee shall not constitute an amendment or alteration of this Agreement.
By accessing or using the Site, you signify your assent to this Agreement and agree to comply with all applicable laws and regulations, including U.S. or other 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, sanctions, 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; or (c) the subject of sanctions consistent with U.S. law imposed by the government of the country where you are using SimplyHired. If (a), (b), or (c) applies to you, you may not use the Site or Services, and SimplyHired may terminate this Agreement and your access to the Site and Services without any further obligations to you whatsoever. 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 SimplyHired’s proprietary rights in them.
You understand and acknowledge that SimplyHired or its affiliates, or its or their licensors, owns all right title and interest to the Site and all proprietary rights associated therewith. SimplyHired 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 User Content. 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.
In the event of any irreconcilable conflict between these SimplyHired Terms of Service and other subset of terms as applicable to you, the other subset of terms as applicable to you will govern.
Any notices to SimplyHired must be sent to SimplyHired’s registered agent in Texas at SH, Inc., c/o CSC at 211 E 7th St Suite #620 Austin, TX 78701 via certified first class or air mail or overnight courier, are deemed given upon receipt, and must reference the specific terms that are the subject of the notice. Notice to you may be effected by sending email to the email address specified in your account, or by posting a message to your account interface, and is deemed received when sent (for email) or no more than fifteen (15) days after having been posted (for messages in your SimplyHired Ads interface).
You may not assign or delegate any of your rights or obligations hereunder without SimplyHired’s prior written consent and any such attempt is void. SimplyHired may freely assign or delegate its rights and obligations hereunder without notice to you. Additionally, SimplyHired may assign any agreement between you and SimplyHired to any related SimplyHired entity by informing you of such assignment. SimplyHired and you are not in a legal partnership, agency relationship, or employment relationship. When SimplyHired provides the Site or any related services to you, SimplyHired does so solely in its capacity as a service provider.
18. Apple-Specific Terms
In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any mobile application version of the Site compatible with the iOS operating system of Apple Inc. (“Apple”, and such mobile application, the “App”). Apple is not a party to this Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to SimplyHired in accordance with the “Questions or Complaints” section above. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, SimplyHired’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.
19. The SimplyHired Apps
By using any of the SimplyHired Apps, including but not limited to the SimplyHired Job Search, SimplyHired Resume Search, SimplyHired Employer, or others, you agree that all of the terms and conditions found herein apply to your use of the SimplyHired App. Additionally, you agree that the SimplyHired App may send you push notifications, if you turn on receipt of notifications and/or sign up to receive notifications. By downloading and using the SimplyHired App, you are asking SimplyHired to make formatting changes to any Job Listings as they appear on your phone, in order to enable you to utilize your SimplyHired Resume. You further acknowledge that your use of the SimplyHired Apps may require use of your data plan from your cellular provider. You are responsible for payment of all data usage accrued based on your use of the SimplyHired App, and SimplyHired disclaims all responsibility for such data usage. In addition, if you allow SimplyHired Apps to utilize location services, the SimplyHired Apps may suggest to you and collect from you information based on your geographic location. The legal entity that ( i) provides any services to you through the SimplyHired Apps, (ii) owns or licenses the intellectual property rights to any of SimplyHired Apps and/or (iii) has access or controls any personal data through the SimplyHired Apps may at times be an affiliate of SimplyHired, even if the entity identified as the application developer on any of the application marketplaces is SH, Inc.