These terms and conditions of use (hereinafter referred to as "Terms") apply exclusively to your access to, and use of, the www.simplyrefcheck.com (hereinafter referred to as the "Site") and the information and other services provided therein (hereinafter referred to as the "Services"). If you are using the Site on behalf of any organization, then you represent and warrant that you are authorized to accept these Terms on the organization’s behalf, and that the organization agrees to indemnify you and SimplyRefCheck for violations of these Terms.
SimplyRefCheck reserves the right to change or modify any of the terms and conditions contained in these Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you can stop using the Site.
Privacy Policy: Please refer to our Privacy Policy. for information on how SimplyRefCheck collects, uses and discloses personally identifiable information from its users.
Copyright and Limited License: Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, the Site logo, and all designs, text, graphics, pictures, reviews, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of SimplyRefCheck. If you represent an organization, then you warrant that you have the right to submit any information you submit on the site, on behalf of the organization.
You are granted a limited, non-sublicensable license to access and use the Site [and electronically copy, (except where prohibited without a license)] and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only Such license is subject to these Site Terms and does not include or authorize: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the collection and use of any employee listings, pictures, profiles, ratings or descriptions; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of SimplyRefCheck, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
Use of the Site: SimplyRefCheck reserves the rights to disallow any member found to be violating any Site Terms.
Copyright Complaints: If you believe that any material on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement at webmaster@simplyrefcheck.com. We may give notice of a claim of copyright infringement to our members by means of a general notice on the Site and/or by electronic mail to a member's email address in our records.
Disclaimers and Acknowledgements Regarding Use of Site Information: The site, the site materials and the services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. SimplyRefCheck disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the information, content or materials in the site. SimplyRefCheck does not represent or warrant that site materials, including the information available in or on the site, or the services are accurate, complete, reliable, current or error-free. SimplyRefCheck does not represent or warrant that the site or its servers are free of viruses or other harmful components.
You acknowledge that any information about employees is reliant upon third party data and contributions, that there are certain inherent limitations to the accuracy or currency of such information, that employee information may be incomplete or may contain inaccuracies (including without limitation any interpretations and reviews of such information and Site Materials), and that information on the Site may be outdated or contain errors, omissions or misinterpretations of information. You further acknowledge that any ratings and the other information contained in an employee's profile, are based on the data obtained by or submitted to SimplyRefCheck, which may be incomplete or inaccurate, and rely on automated interpretations of the information gathered by or submitted to SimplyRefCheck. No information contained on the Site or provided through the Services, are an endorsement of any particular employee or are a guarantee of an employee's competence, character or other personal and professional characteristics. The information provided on this Site is intended to be a reference point, to validate information about any prospective employees, but you should not rely solely on such information in deciding whether to hire or not. Furthermore, you should independently verify the accuracy of any information you obtain on the Site before using it. You agree to be solely responsible for your use of the Site, the Site Materials and the Services and for determining the suitability of, and the results obtained from, any employee you hire.
Submissions: You acknowledge and agree that any materials, including but not limited to questions, comments, reviews, suggestions, ideas, feedback, plans, notes, original or creative materials or other information, provided by you in the form of email or other submissions to SimplyRefCheck, or any postings on the Site, are non-confidential and shall become the sole property of SimplyRefCheck. SimplyRefCheck shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
User Posted Content & Other Interactive Services or Areas: The Site includes areas in which users may post content and information, including without limitation peer and client ratings and reviews, messages, comments, data, text, photos, graphics or other materials (the "User Content") and may include other interactive areas or services in which you or third parties may create, post, modify or store information, content, materials or other items on the Site ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
1. User Content that is false, misleading, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable, [including without limitation any recommendation, endorsement, rating, or review of an employee with whom you have not had direct, personal experience];
2. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, violate any applicable rules of professional conduct, or that would otherwise create liability or violate any local, state, national or international law;
3. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content as provided under these Site Terms;
4. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
5. Unsolicited promotions
6. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
7. Viruses, spyware, malware, corrupted data or other harmful, disruptive or destructive files; and
8. User Content that, in the sole judgment of SimplyRefCheck, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose SimplyRefCheck or its users to any harm or liability of any type.
SimplyRefCheck takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is SimplyRefCheck liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, SimplyRefCheck is not liable for any statements, representations or User Content provided by its users in any review, rating, forum, or other Interactive Area. Although SimplyRefCheck has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, SimplyRefCheck reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.
If you post User Content to the Site, unless we indicate otherwise, you grant SimplyRefCheck and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant SimplyRefCheck and its affiliates and sublicensees the right to use the name that you submit in connection with such User Content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site and to grant the rights granted herein; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
