The below stated Terms of Service Agreement (“Agreement”) lies between you (“you”) and Simplicity Wanted (“Simplicity Wanted”, “we”, “us”) in relation to the use of yours of the internet world wide web site located at https://www.simplicitywanted.com (concurrently with any successor site(s) and all Services (as defined below), the “Site”).
You are certifying Simplicity Wanted that you have the right, authority and the ability of agreeing and abiding by this Agreement by using this Site and accepting this Agreement. The subject to this Agreement is Simplicity Wanted and Simplicity Wanted made this Site available for use. We possess the right of updating or modifying this Agreement any time we see fit, based on our own judgment. The updated or modified version of this Agreement will be readily available on the Site. You can always see when the last time this Agreement was updated right on the top of this Agreement, labeled as “Most recent update was made on”. By using any of the below described Services you are giving your consent of being subject to any additional rules, regulations, terms and conditions relevant to below described Services, that are hereby included by reference into this Agreement.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any Service, content, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.
We retain the right to:
We reserve the rights to exercise any/all of the above mentioned rights at any time or from time to time, temporarily or permanently, entirely or partially.
Our Service to the users through this Site includes providing specialized content related to professional resumes, creating virtual profiles, communicating via articles, forums, text, images, user comments, messages, graphics, video clips, photographs, charts, data, postings and other related content (collectively, the “Services”). The mentioned services are/will be available in the Site. If any of these Services were not available as of the date mentioned on the label “Most recent update was made on”, will be considered a part of these services the moment it/they is/are made available through the Site.
One aspect of our service is letting the users creating their own virtual or electronic profile to build their own resume, where it is a user, an individual, who provides all the information to fill up the form of his or her own resume. Simplicity Wanted does not and will not review or screen any of the information provided by the user in order to determine the appropriateness for that individual’s employment. Simplicity Wanted only provide the job seekers to post their resume so that the job hunters can view them. Simplicity Wanted does not and will not work as an agent for any individual or entity who posts their resume on the Site. Simplicity Wanted is not and will not be responsible for any employment related decision or the quality or authenticity of the information provided by the user.
It is mandatory to abide by all the laws, rules and regulations, and also you need to respect the rights and dignity of the other users. Any violation of code of conduct forth in this segment may result is termination of your access to the Site.
You agree that you will not:
You will be asked to register with Simplicity Wanted to get access to the Site. While signing up if the username you choose is previously owned or the email address you provide is incorrect or already registered with us you will not be granted access. If you provide us with such email address that doesn’t belong to you or violate any right; intellectual or otherwise; or considered offensive you will not be granted access. We retain the right to reject your accessibility of Simplicity Wanted in our sole discretion.
Your username and password are solely for your use only, not any other person, entity or user. You are responsible for keeping your username and password secret. You are not allowed to share your username or password with any third party. You will be held responsible for everything that takes place within your connection or account, including without limitation all Transactions (as said in Section eleven). You agree to notify Simplicity Wanted right away if in any way you think the security integrity of your account or the Site itself is compromised. You agree to exit or log out from your account after every session and Simplicity Wanted will not be held responsible for any loss/damage of data that causes from your negligence to comply with our rules and guidelines.
A third party service may be introduced in the Site to allow you to post comments or other information (a “Forum”). Those third parties might also have their own terms of service agreements and you agree to be a subject to those agreements along with this Agreement.
The information and material that are/will be made available on the Site by the Site or a Forum (including on any resume) may be presented by the third-party visitors along with Simplicity Wanted. Simplicity Wanted neither endorse nor take responsibility for any inaccurate, false, misleading information made by any third party. Simplicity Wanted cannot be held responsible for the consequences resulted by those information. Simplicity Wanted or its employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers or members; under any circumstances, will not be held responsible for any damage caused the inaccurate or misleading information provided by any third party. Simplicity Wanted will not be responsible if any data you make public and any third party uses or misuses that data without your consent. You choose to make any of your data or information; personal or otherwise, at your own risk.
You have ownership of any item you submit through the Site or through a Forum (including on any resume) (each a “Submission”). Kindly note that we require certain rights of the martial you submit to make them available on the Site. To do so, you are agreeing to grant Simplicity Wanted and its employees a worldwide, non-exclusive, transferable, royalty-free, fully-paid up, perpetual, irrevocable right and license, without compensation to you: (a) to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), create derivative works of, publicly display and publicly perform such Submission, in any media now known or hereafter developed, for the business purposes of Simplicity Wanted, and (b) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law; provided however, that in each case, with respect to the materials you submit on your resume, such rights shall be subject to any restrictions or limitations established by you in connection with your creation or maintenance of such resume (for example, if you set your resume’s privacy setting to Exclusive or One-to-One [i.e., only available for viewing by individuals who you directly select], we will use commercially reasonable efforts to ensure that only those individuals have access to your resume).
You agree that (a) we have the right (but have no contractual obligation) to review each Submission before letting it to be visible on the Site or any Forum; and (b) we may do one or all of the following, at our sole judgment: (i) monitor Submissions; (ii) edit, change, alter, remove, or decline to publish or agree to be published any Submission; and/or (iii) release any Submissions, and the state of affairs regarding their broadcast, to any third party for operating the Site; for protecting Simplicity Wanted and its employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers and members, and the Site’s users and visitors; to abide by legal obligations or governmental requirements; to put in force this Agreement; or for any other reason. While Simplicity Wanted reserves the right at our discretion to remove any Submissions from time to time, we do not assume any obligation to do so and disclaim any liability for failing to take any such action.
Simplicity Wanted, and the licensors and the suppliers of it, are and will be the owner of all the information, data and materials on the Site, including the Services. They are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Subject to your compliance with this Agreement, you are prohibited to use any of the items/products for your commercial use without taking prior written consent from Simplicity Wanted.
Any logo, trademark or service related signs that belong to Simplicity Wanted, registered or unregistered cannot be used anywhere else without Simplicity Wanted’s prior written consent.
The Site may provide some links to other external web sites that are not controlled by Simplicity Wanted. Simplicity Wanted does not endorse and it will not be responsible for any action, content (product, service or otherwise) of those sites. There may be sites which may provide Simplicity Wanted’s web link on their site without taking our authorization. Simplicity Wanted does not endorse and will not be held responsible for any consequences occur from those links from other sites.
You agree that your usages’ of any third party site or sites is solely and completely your responsibility and Simplicity Wanted is not, and will not be responsible or subject to any agreement that lies between you and that third party site. Simplicity Wanted reserves the right to block such links (on or off the Sites) at our sole judgment, with or without prior notice, technologically or otherwise.
The site including any goods or services on the site are provided to you “in its present condition” without any warranties of any type, express, implied or statutory. You agree that you must evaluate, and that you bear all risks associated with, the use of the site, including without limitation, any dependency on the accuracy, completeness or usefulness of any materials made available through the site. Simplicity Wanted denies all warranties concerning the site and any product or service (including without limitation, third-party products and services) acquired through the site, to the highest degree possible under related law or laws, including the warranties of merchantability, fitness for a particular purpose, no infringement, and title.
Simplicity Wanted is and will not be liable to you, or to any third party claiming through you, for any circumlocutory, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, negligence, strict liability or other theory, including without limitation, damages for loss of profits, use, data, loss of other intangibles, loss of security of information you have provided in connection with your use of the site, or unauthorized interception of any such information by third parties, even if advised in advance of such damages or losses. In particular, and without limitation, Simplicity Wanted is and will not be liable for damages of any kind consequential from your use of or inability to use the site or from any content published on the site by Simplicity Wanted or any third party. Your sole and exclusive remedy for dissatisfaction with the site is to stop using the site. The only and exclusive maximum liability of Simplicity Wanted for all damages, losses and causes of action, whether in contract, tort (including without limitation negligence) or otherwise, will be the total amount, if any, paid by you to Simplicity Wanted for accessing and using the site and services.
In spite of all the security measures we take there might be technical errors or breach in the security which may interrupt the operation of the Site. In that cases your advised to contact us via e-mail or other methods described on the contact us page.
This Agreement is valid until terminated. Simplicity Wanted, at its sole judgment, reserves the right to terminate your access to or use of the Site, at any time and for any reason, including if Simplicity Wanted believes that you have violated or acted in a way that violates this Agreement. In such terminations, your right to use the Site will be ceased right away. You give consent that any termination or prohibition to use the Site may be effected immediately without any previous notice, and Simplicity Wanted retains the authority to immediately deactivate or delete your account, and you may lose access to all file and information in the account. You agree that Simplicity Wanted and the Affiliated Entities will not be responsible to you or any third party for such/any termination of your access to the Site or to any such data or files, and will not be responsible to make such data, information or files available to you after any such termination.
You agree to defend, indemnify and hold undamaging Simplicity Wanted and its employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers and members, from and against all claims, losses, costs and expenses (including attorneys fees) occurring out of (a) your activities in connection with, the Site (including all Transactions); or (b) any violation of this Agreement by you.
THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. Before you take a dispute to arbitration, you must first contact us by email at i[email protected], and give us an opportunity to attempt to resolve the dispute through discussions with you. Similarly, before we take a dispute to arbitration, we must first attempt to resolve it through discussions with you by contacting you at the most recent address that we have on file for you. In the event that you and we cannot resolve a dispute within sixty (60) days of notification by either party, or in the event that we are unable to reach you, you do not respond to our efforts to contact you or you fail to engage in good-faith settlement discussions with us, then the following procedures shall apply. All disputes arising under or relating to this Agreement shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”), as amended by the terms of this Agreement. The Supplementary Procedures are available online at www.adr.org (click on the link labeled “Rules,” and then click on the link labeled “Supplementary Procedures for Consumer-Related Disputes”). To the extent that the arbitrator deems reasonable, the arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Any in-person appearances requested by the arbitrator shall be held in the Commonwealth of Virginia. The arbitrator’s decision shall be based upon the substantive laws of the Commonwealth of Virginia without regard to its principles of conflicts of law. Arbitration proceedings shall be conducted in English and shall be conducted in a manner that preserves confidentiality. The arbitrator’s decision shall follow the plain meaning of the relevant documents and shall be final and binding. The award rendered by the arbitrator(s) may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing herein shall preclude Simplicity Wanted from seeking any injunctive relief in U.S. state or federal courts for protection of its intellectual property rights (including the rights of its licensors), and you agree to exclusive jurisdiction by the federal and state courts located in the Commonwealth of Virginia, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
This Agreement does not, and will not be take a mean to, make any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Simplicity Wanted. In case of any provision of this Agreement’s being unlawful, void or for any reason unenforceable, that provision and only that provision will be deemed severable from this whole Agreement and it will not affect the validity and enforceability of other/any remaining provision (s). You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without taking prior written consent from Simplicity Wanted. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and Simplicity Wanted concerning to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Simplicity Wanted concerning such subject matter. You may receive notice via posting to the Site, by email, or by regular mail, at Simplicity Wanted’s discretion. The Site may also give notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or concerning this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Simplicity Wanted will not be held responsible for failures to fulfill any obligations due to causes beyond its control.
Pursuant to 47 U.S.C. Section 230(d) as amended, 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 at GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Simplicity Wanted does not endorse any of the products or services listed at such sites.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to [email protected]
Claims of Copyright Infringement.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) gives recourse for copyright owners who believe that material appearing on the Internet violates their rights under U.S. copyright law. If you believe in good faith that materials available on the Site violates your copyright, you or your agent (assigned by you) may send Simplicity Wanted a notice requesting to remove/delete that particular material. If you believe in good faith, that someone has unjustly filed a notice of copyright infringement against you, the DMCA permits you to send Simplicity Wanted a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details.
If you have any query concerning the meaning of this Agreement, please direct such inquiries to [email protected]