As noted below, Symplicity reserves the right to modify these Terms at any time. Modifications to these Terms will be posted on this page, and use of the Symplicity website following any such modifications constitutes your express acceptance of the revised Terms then in effect. These Terms took effect on November 2013.
This web site and any Symplicity web site or micro site offering recruiting or related job site posting or other services and their content and features and all services, information, software, SMS, APIs, email notifications, applications, buttons, widgets and other products or services ordered or provided (collectively, the “Site”) is a service made available by Symplicity and may be used solely under these Terms. These terms and conditions are the continuation of the policies and procedures that have historically applied to use of the Sites.
SYMPLICITY INTELLECTUAL PROPERTY
All Symplicity content, software and functionality on the Site and other materials uploaded, downloaded or appearing on the Site by Symplicity, including text, graphics, logos, photos, button icons, images, digital downloads, data compilations, and software and the selection and arrangement thereof (the “Symplicity Content”) and the trademarks, service marks, designs, and logos (collectively, the “Trademarks”) are the exclusive property of Symplicity or its licensors and are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Symplicity name or any of the Trademarks, logos, domain names, and other distinctive brand features or any confusingly similar Trademarks.
LICENSE GRANT BY USERS
By using the Site, including without limitation, by submitting job postings, resumes, responses or displaying any content, information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials (“User Submitted Content”) to the Site or use relating to, in connection with or arising out of your use of the Site, you grant Symplicity a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicensable, fully paid-up and royalty-free right to use, copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize such User Submitted Content, and including after your termination of your account or the services, provided that if such User Submitted Content is your resume information, our right shall only be in connection to your job search through use of the Site. You also grant a nonexclusive, worldwide, perpetual, unlimited, fully paid-up and royalty-free right to use and publish the name or any of the trademarks, service marks, designs, and logos, domain names, and other distinctive brand features of the entity that you are employed by, represent, are the agent of, associated with or are acting on behalf of (e.g., the university, college, or other institution, or as an employer or recruiter as the case may be) for promoting and redistributing part or all of the Site or the services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, on the Site, third party websites and feeds), and including after your termination of your account or the services. You also hereby do and shall grant each user of the Site who has access to your User Submitted Content, a non-exclusive, perpetual license to (i) access your User Submitted Content through the Site, solely for internal employment and hiring purposes, and (ii) use, reproduce, distribute, prepare derivative works of, display and perform such User Submitted Content, solely for internal employment and hiring purposes, including after your termination of your account or the services.
You represent and warrant that you have all the rights, power and authority for yourself and your employer and/or the entity you represent, or are the agent of or associated with or acting on behalf of (e.g., university, college or other institution, or as an employer or recruiter) and that entity has authorized you to grant the licenses in this section. You represent that all User Submitted Content provided by you is complete, up-to-date, and accurate in all respects and in compliance with all applicable laws, rules and regulations. You acknowledge that all User Submitted Content, accessed by you using the Site is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any User Submitted Content you access on or through the Services is or will continue to be accurate and we make no representations or warranties as to the accuracy, truth, or security of candidate materials submitted through the Site.
LIMITED USE LICENSE GRANT BY SYMPLICITY
Symplicity gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Symplicity Content and the User Submitted Content that is provided to you by Symplicity as part of the services associated with the Site. This license is for the sole purpose of enabling you to use the Site as provided by Symplicity, in the manner permitted by these Terms. All Symplicity authorizes you, subject to these Terms, to access and use the Site and the Symplicity Content and to download and print a single copy of the content available on or from Symplicity or the Site. The Symplicity Content and the User Submitted Content may not be accessed, used or downloaded except for the specific use of the Site only, and for only non-commercial use, and may not be utilized for any aggregation, collecting or posting of job posting/listing information on any other web site or in any other media or manner whatsoever. In addition, you may not post or otherwise re-purpose any job posting (including but not limited to all multi-school job posting) on the Sites or any third party web sites or in any other manner.
Notwithstanding the foregoing, you may use the User Submitted Content that you have yourself submitted to the Site in any manner and for any purpose without licensing restrictions from Symplicity. You acquire absolutely no rights or licenses in or to the Site including any materials contained within the Site other than the limited right to utilize the Site in accordance with these Terms. Should you choose to download or otherwise use content from the Site, you must do so in accordance with these Terms.
RESTRICTIONS ON USE
You must respect Symplicity’s ownership of the Symplicity Content and Trademarks. You will not: (a) change or delete any proprietary notices from materials printed or downloaded from the Site; (b) refer to or attribute any information to Symplicity or its licensors in any public medium (e.g., press release, websites) for advertising or promotion purposes, or for the purpose of informing or influencing any third party; (c) use or reproduce any Trademark of, or imply any endorsement by or relationship with, Symplicity or its licensors; (d) modify, create derivative works of, decompile or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license or we give you express written permission; (e) copy or adapt the HTML code used to generate web pages on the Site; (f) use or attempt to use engines, manual or automated software, tools, devices, agents, scripts robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, “scrape,” “crawl,” or “spider” any web pages or any services provided on the Sites other than the search engine and search agents available from Symplicity on the Site and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); or (g) aggregate, copy or duplicate in any manner any of the Symplicity Content. Use, reproduction, modification, distribution or storage of any Symplicity Content or User submitted Content for other than purposes of using the Site is expressly prohibited without prior written permission from Symplicity. You shall not sell, license, rent, or otherwise use or exploit any Symplicity Content or User submitted Content for commercial use or in any way that violates any third party right.
SITE INTELLECTUAL PROPERTY PROTECTION
The Site is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. The Site is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained on the Site. You agree to comply with all reasonable requests from Symplicity or its suppliers and licensors of content, equipment, or otherwise to protect their and others’ contractual, statutory, and common law rights in the Site. You agree to notify Symplicity in writing promptly upon becoming aware of any unauthorized access or use of the Site by any individual or entity or of any claim that the Site infringes upon any copyright, trademark, or other contractual, statutory, or common law rights.
SYMPLICITY RESERVATION OF RIGHTS
Symplicity reserves the right to refuse to accept, post, display or transmit any User Submitted Content in its sole discretion. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any User Submitted Content on the Site, to suspend or terminate users, and to reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Symplicity, its users and the public.
USER RESTRICTIONS AND RESPONSIBILITIES
You must be 18 years of age or older and may not use the Site for any reason if you are not over 18 years of age. You are responsible for your use of the Site, for any content you post to the Site, and for any consequences thereof. You should only provide content that you are comfortable sharing with others under these Terms. You are responsible for maintaining the confidentiality of all Symplicity accounts, and any content uploaded by you. Symplicity shall sync passwords to all Symplicity Sites, as applicable. Do not share any Symplicity passwords or other account access information with any other party, or do anything else that might jeopardize the security of any Symplicity account. You are responsible for all uses of Symplicity registrations and Symplicity passwords, whether or not authorized by you. You agree to immediately notify Symplicity of any unauthorized use of Symplicity account or passwords. Symplicity may un-sync, reset or terminate Symplicity Passwords in its sole discretion or any reason. Symplicity cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
EMPLOYER AND RECRUITERS
All employers and recruiters submitting User Submitted Content, including but not limited to all job postings, will only submit User Submitted Content that is accurate, true, not misleading or deceptive in any manner, and fully in compliance with all applicable federal, state and local laws (including laws prohibiting employment discrimination). All employer or recruiter User Submitted Content that are job postings must be for actual job listings in compliance with all applicable federal, state and local laws and may not contain (i) any form of advertisement, promotion or endorsement, other than promotion of the job itself or (ii) require any form of upfront payment or referrals to other candidates. All employers are solely responsible for their own hiring determinations.
You agree to provide accurate and complete registration information, and it is your responsibility to inform Symplicity of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. You are responsible for preventing such unauthorized use and for maintaining the confidentiality of your account. You must notify Symplicity immediately if you believe there has been unauthorized use.
USE OF THE SITE
You agree not to make any unauthorized use of the Site. You must respect the rights and integrity of others. You will not: (a) post content or take any action on the Site that infringes or violates someone else’s rights or otherwise violates the law; (b) post content that is hate speech or hateful, harassing, incites harassment or advocates harassment of any group, company, or individual, or is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, racist, discriminatory, of a menacing character, likely to cause annoyance, inconvenience, embarrassment, anxiety, contains nudity or graphic or gratuitous violence, contains pornographic, indecent or sexually explicit material of any kind, or contains material that exploits people in a sexual, incites or is violent or other manner, as determined by Symplicity in its sole discretion; (c) post anyone’s identification documents or sensitive financial information on the Site; (d) bully, intimidate, or harass any user; (e) develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions; (f) collect users’ content or information, or otherwise access the Site, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission; or (g) contact other users in any manner or for any purpose other than that which is expected, solicit login information or other personal information from any other user, or send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes to any user.
DATA USE BY LANDED
Landed exists to provide useful career information by tracking the career outcomes results of users. We take great care in the safeguarding of personal data. In order for the system to provide the information about student career outcomes, it must have some information about students and their career choices. By opting in to Landed, you are agreeing to the de-identified, anonymous use of your student data, and use of organization data by the program and Symplicity.
NO GUARANTEE OF RESULTS
Neither Symplicity nor its partners are an employment agency or a recruiting firm, and neither makes any representations or guarantees regarding the effectiveness or timeliness of the Site in meeting the employment objectives of users. Neither Symplicity nor its partners makes any guarantee that employers will find suitable candidates, that documents posted by users will result in candidates being hired or positions being filled, and neither is responsible for any employment decisions, for whatever reason made, made by any user.
THIRD PARTY CONTENT
Symplicity disclaims all liability for any third party content or communications that may appear on this Site, may be accessible via links from this Site, or any communications directed to you from any third party directly or indirectly in connection with this Site (collectively, “Third Party Content”), or any actions you may take or refrain from taking as a result of any Third Party Content. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third Party Content. Symplicity assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third Party Content. Symplicity shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any Third Party Content appearing on this Site or elsewhere. You understand that the information and opinions in the Third Party Content is neither endorsed by nor does it reflect the belief or opinion of Symplicity. Further, information and opinions provided by employees and agents of Symplicity in interactive areas are not necessarily endorsed by Symplicity and do not necessarily represent the beliefs and opinions of Symplicity.
Nothing on the Site shall be considered an endorsement, representation, or warranty with respect to any user or third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.
Users shall report inappropriate postings or conduct by sending an email as follows: (a) if relating to NACELink, then to email@example.com, and (b) otherwise to firstname.lastname@example.org.
DIGITAL MILLENNIUM COPYRIGHT ACT
If you believe that your intellectual property right is infringed by any content on the Site, please send to Symplicity a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Site; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right. Symplicity will remove any posted submission that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement (or any statement in conformance with the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3)).
LINKING TO THIS SITE
You shall not distribute on or through this Site any postings containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of Symplicity. Notwithstanding the foregoing, in any interactive areas of this Site, where appropriate you (a) may list along with your name, address and email address, your own web site’s URL and (b) may recommend third party web sites, goods or services so long as you have no financial interest in and receive no direct or indirect benefit from such recommended web site, product or service or its recommendation. In no event may any person or entity solicit anyone with data retrieved from this Site.
This Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Site is accurate and complies with all applicable laws. Symplicity shall not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.
ERRORS AND CORRECTIONS
Symplicity does not represent or warrant that this Site is or will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Symplicity does not warrant or represent that the Site will be correct, accurate, timely, or otherwise reliable. Symplicity may make improvements and/or changes to the Site’s features, functionality or content at any time.
USE OF THIS SITE IS AT YOUR OWN RISK AND THE SITE IS PROVIDED ON AN “AS IS” BASIS. SYMPLICITY EXPRESSLY DISCLAIMS ALL WARRANTIES, AND MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT. SYMPLICITY DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS SITE, OR ANY PORTION THEREOF, (D) YOUR USE OF THIS SITE, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS SITE.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER SYMPLICITY NOR ANY OFFICER, DIRECTOR, EMPLOYEE, REPRESENTATIVE, PARTNER, LICENSOR, SUPPLIER, STOCKHOLDER, CONTRACTOR, PARTNER OR AGENT THEREOF SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, LOSS OF GOOD-WILL, OTHER INTANGIBLE LOSSES OR BUSINESS INTERRUPTION, AND WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY) RESULTING FROM THE USE OR INABILITY TO USE THE SITE, AND WHETHER OR NOT SYMPLICITY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, SYMPLICITY’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100).
You agree, to the maximum extent permitted by law, at your own expense, to indemnify, defend, and hold harmless Symplicity, its officers, directors, employees, agents, representatives, partners, licensors, suppliers, stockholders, contractors, partners and agents from and against all claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable attorneys’, expert, legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (i) your access to or use of the Site (including negligent or wrongful conduct) or of any other person accessing the Site using your account or (ii) your breach of any of these Terms or of any other person accessing the Site using your account. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim. Symplicity reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Symplicity in asserting any available defense. You acknowledge and agree to pay Symplicity’s reasonable attorneys’ fees incurred in connection with any and all lawsuits brought against you by Symplicity under these Terms and any other terms and conditions of service on this Site, including without limitation, lawsuits arising from your failure to indemnify Symplicity pursuant to these Terms.
THIRD PARTY RIGHTS
The provisions of paragraphs 20 (Disclaimer), 21 (Limitation of Liability), and 22 (Indemnification) are for the benefit of Symplicity and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to this Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf. These Terms do not confer any other third party beneficiary rights.
UNLAWFUL ACTIVITY; TERMINATION OF ACCESS
Symplicity reserves the right to investigate complaints or reported violations of our Terms and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. Symplicity may discontinue any party’s participation in or use of the Site at any time for any reason or no reason.
RESERVATION OF RIGHTS
Symplicity reserves all rights not expressly granted to you. Symplicity reserves the right to seek all remedies available at law and in equity for violations of these Terms, including but not limited to the right to block access from a particular internet address to this Site and any other Symplicity web sites and their features. If we fail to enforce any of these Terms, it will not be considered a waiver. Nothing in these Terms shall prevent us from complying with the law.
GOVERNING LAW AND JURISDICTION
The Terms are governed by and construed in accordance with the laws of the Commonwealth of Virginia and any action arising out of or relating to these terms shall be filed only in state or federal courts located in the Commonwealth of Virginia and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
USE OUTSIDE OF THE UNITED STATES
Symplicity and its partners make no claims that the content is appropriate or may be downloaded outside of the United States. Access to the content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the site. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
If any portion of these Terms is found to be unlawful, void or unenforceable, the remaining portion will remain in full force and effect.
Symplicity may assign its rights and duties under these Terms to any party at any time without notice to you, including in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. You agree not to resell or assign your rights or obligations under these Terms without our consent.
The section titles in these Terms are used solely for convenience of reference and have no legal or contractual significance.
MODIFICATIONS TO TERMS
Symplicity may revise these Terms at any time and will notify you by posting an updated version to this Site. We recommend that you visit this page periodically to review the most current Terms because they are binding on you. Your continued use of the Site following changes to these Terms or any other policies incorporated herein constitutes your acceptance of our amended Terms or policies.
For more information: https://www.symplicity.com/terms_of_use