This Agreement (the "Agreement") governs your access and use of the SimpleVelocity, Inc. service (the "Service"). In consideration for your right to access and use the Service, you and Simple Velocity, inc. agree as follows:
You agree to be bound by the terms of this Agreement and any modifications made to it. By using the Service, you are indicating your acceptance of these Terms of Use. ; Simple Velocity ; may revise these Terms of Use at anytime and will post an updated version on this website.
The Simple Velocity, Inc. Service is an online application, enabling businesses and individuals to build and participate in customized and personalized expert candidate screening and hiring knowledge management. You understand and agree that the Service is provided "AS-IS" and that Simple Velocity, Inc. assumes no responsibility for, among other things, (1) any service outages or interruptions (2) the unavailability of particular features or services, (3) the inability to access the Service, (4) the failure or inability to post materials to the Service, (4) the deletion of materials posted to the Service (5) the failure to store materials posted to the service; (6) the content, job listings or resumes posted by users to the Service; (7) the qualifications of any job applicant; or (8) any employment decisions.
To take advantage of the Service's full capabilities authorized users must properly register with Simple Velocity, Inc. If you choose to register, you agree that you will supply Simple Velocity, Inc. with the information requested in the registration process, ensure that the information supplied is truthful, accurate, and up to date. ;Information supplied in the registration process, as well as other information provided to Simple Velocity, Inc. during your use of the ; Service is governed by the Simple Velocity, Inc. privacy policy. ;During the registration process, you will be assigned or asked to select a password for your account. You are solely responsible for maintaining the confidentiality of your password. You agree that anyone with whom you share your password will abide by this Agreement, and that you will be liable for the conduct of those using your account and password, whether or not you authorized such use.. If you learn of any unauthorized use of your account or password, you agree to notify Simple Velocity, Inc. immediately.
The Simple Velocity, Inc. Service contains a huge variety of information, text, data, messages, directions, computer programs, pictures, audio/visual works and other materials provided by individuals or entities other than Simple Velocity (the "User Content"). You understand and agree that any User Content posted on the Service is the exclusive responsibility of the person or entity that posted or uploaded it, and that you will be solely responsible for any User Content that you upload, post, email or otherwise transmit via the Service. You acknowledge that Simple Velocity, Inc. is not responsible for, does not control, does not endorse and does not verify the User Content posted to the Service or available through the service, and that it makes no guarantee regarding the reliability, accuracy, legitimacy or quality of any such User Content. You agree that you will bear any and all risk of reliance on the accuracy, validity or legitimacy of such User Content. Under no circumstances will Simple Velocity, Inc. be liable in any way to you for any User Content, including, but not limited to, any errors or omissions in any User Content or any loss or damage of any kind incurred as a result of the use of any User Content posted or otherwise transmitted via the Service.
You acknowledge that Simple Velocity, Inc. does not pre-screen User Content, but agree that Simple Velocity, Inc. shall have the right (but not the obligation) to access and remove or restrict access to any User Content on the Service in its sole discretion and without notice or compensation. Without limiting the foregoing, Simple Velocity, Inc. shall have the right to access any board and remove or restrict access to any User Content that violates this Agreement or that Simple Velocity, Inc. believes is otherwise objectionable.
You acknowledge and agree that Simple Velocity, Inc. may preserve or disclose any User Content if it reasonably believes disclosure is required by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any User Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Simple Velocity, Inc., its users and the public.
By posting User Content or any other materials or information to any area of the Service, you hereby automatically grant, and you represent and warrant that you have the right to grant, to Simple Velocity an irrevocable, perpetual, royalty-free, non-exclusive, worldwide license to use, copy, reproduce, modify, adapt, store, distribute, publicly perform, publicly display and publish such User Content for the purposes of making such User Content available through the Service.
Simple Velocity owns and retains all right, title and interest, including all intellectual property rights, in and to the Service and all software, website content (other than User Content) and materials related thereto and the compilation, arrangement and look and feel of the Service and Simple Velocity website (collectively, “SV Content”). The SimpleVelocity Content contains copyrighted material, trademarks, and other proprietary information of Simple Velocity, its licensors and licensees. In addition, certain User Content may be protected by copyright and other intellectual property laws whether or not it is identified as such. You are authorized to access and view the User Content and SV Content accessible through the Service solely for your personal, noncommercial use. ; Unauthorized use of the SV Content or User Content may violate copyright, trademark or other intellectual property laws. You my not copy, modify, publish, transmit, distribute, perform, display, license or sell any SV Content, User Content or other proprietary information accessed through the Service, except to the extent that you own such content, such content is in the public domain or you have been given the express permission to use such content.
In using and accessing the Service, you agree not to: (a) violate or solicit the violation of any applicable local, state, national or international law; (b) infringe the rights of Simple Velocity, Inc. or any third party, including but not limited to intellectual property rights and privacy or publicity rights; (c) reproduce, distribute, republish or retransmit material posted by other Simple Velocity, Inc. users without the prior permission of such subscribers; (d) upload, post, email or otherwise transmit any User Content that (1) is unlawful, threatening, abusive, tortious, defamatory, obscene, libelous, or invasive of another's privacy; (2) consists of instructional information on illegal activities, including, but not limited to, hacking, cracking, and phreaking; (3) violates or infringes in any way upon the proprietary rights of others, including, without limitation, copyrighted software, music, photographs, text, videos or artwork; (4) constitutes pornography, or sexual material of an obscene nature or that violates local, state or national laws; (5) is the private information of another such as their addresses, phone number, Social Security number or credit card number; (6) contains software viruses, Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (7) you do not have a right to upload or post due to contractual or other legal obligation; (e) provide incomplete, false or inaccurate registration information, or other biographical or resume information; (f) use the Service for any purpose other than as an online application to build and participate in customized and personalized expert job candidate screening and hiring knowledge management; (g) use a user registration and/or email account that is not your own or that is or becomes inactive; (h) impersonate any person or entity, including, but not limited to, a Simple Velocity, Inc. official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (i) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Service; (j) interfere with or disrupt the Service, computer servers or boards accessible through the Service; (k) disseminate or promote any product, service, web site, board or venture, or promote on the Service through unsolicited electronic mail messages to third parties; (l) violate the security of the Service or Simple Velocity website, including without limitation by accessing or logging into another user’s account; interfering with (or attempting to interfere with) another user’s use of the Service or Simple Velocity website; or otherwise violating the system or network security or the Service; (m) attempt to decompile or reverse engineer any of the SV Content or other software. If you do use the Service to commit any of the above, Simple Velocity, Inc. may, at its sole discretion. terminate your account (or any part of it) or ability to use the Service, and remove and discard any User Content within the Service.
You agree that Simple Velocity, Inc. may establish, in its sole discretion, any limitations, conditions or rules concerning use of the Service. You acknowledge that Simple Velocity, Inc. has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Simple Velocity, Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice. You agree that Simple Velocity, Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Simple Velocity, Inc., in its sole discretion, may terminate your password, account (or any part of it) or ability to use the Service, and remove and discard any User Content within the Service, for any reason or for no reason, including, without limitation, for violating the letter or the spirit of these Terms of Use. You agree that any termination of your access to the Service may be immediate and without prior notice. You further agree that Simple Velocity, Inc. shall not be liable to you or any third-party for any termination of your use or ability to access the Service. Specific reasons for such limitation or termination include, but are not limited to the activities described in Section 8 above.
Simple Velocity, Inc. reserves the right to take any action it deems necessary with respect to your account if we have reason to believe it may cause us to lose the services of our ISP, subscribers or suppliers.
Third parties using the Service may provide links or access to other web sites and resources. Because Simple Velocity, Inc. has no control over such sites and resources, you acknowledge and agree that Simple Velocity, Inc. is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Simple Velocity, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
You agree not to reproduce, duplicate, copy, sell, resell, license or exploit for any commercial purposes, use of the Service, access to the Service or any of the User Content or SV Content accessible through the Service, other than User Content as to which you hold the intellectual property rights.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SIMPLE VELOCITY, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (b) SIMPLE VELOCITY, INC. MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS OBTAINED AND USED AT YOUR SOLE| RISK AND DISCRETION AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL; (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY BY SIMPLE VELOCITY, INC..
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SIMPLE VELOCITY, INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SIMPLE VELOCITY, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold Simple Velocity, Inc., and its subsidiaries, affiliates, officers, agents, employees, and contractors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the law, your breach of these Terms of Use, ;or the rights of another.
Notices to you may be made via either email or regular mail to the contact information provided at registration. Simple Velocity, Inc. may also provide notices of changes to these Terms of Use or the Service by displaying notices or links to notices to you generally on the Service.
This Agreement and your relationship with Simple Velocity, Inc. shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Simple Velocity, Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Mateo California, USA agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
We may amend these Terms of Use at any time by posting the amended terms on our site at http://www.simplevelocity.com. All amendments shall automatically be effective 30 days after they are initially posted on our site. Your use of the Service following the effective date of any modifications shall constitute your binding acceptance of those modifications. This Agreement may not be otherwise amended except in a writing signed by an officer of Simple Velocity, Inc.
These Terms of use constitutes the entire agreement between you and Simple Velocity, Inc. with respect to the Service and supersedes all prior agreements and understandings between you and. Simple Velocity, Inc. Simple Velocity, Inc. 's failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect.
All information and materials submitted through the Service will be treated in accordance with the Simple Velocity Privacy Policy, available at http://www.simplevelocity.com.
If you believe that any User Content or other content accessed through the Service or available on the Simple Velocity website infringes your copyright or other intellectual property rights, please notify Simple Velocity’s designated copyright notice agent with the following information: A physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf, description of the copyrighted work you claim has been infringed, and/or a description of the activity that you claim to be infringing, The specific location on the Simple Velocity web site where the alleged infringing content or activity is located; Your name, address, telephone number and email address; A statement by you that you have a good faith belief that the complained of content or activity on the web site is not authorized by the copyright owner, any agent of the copyright owner, or the law; A statement by you, under penalty of perjury, that you are the copyright owner, or authorized to act on behalf of the copyright owner, and that the information in your notice is accurate and truthful.
Direct your notice to Simple Velocity’s agent for notice of copyright claims: Simple Velocity Inc., 970 Terra Bella Ave, Suite 6, Mountain View, CA 94043; E-mail: Info@simplevelocity.com
These Terms of Use are developed in English and may be translated into other languages. To the extent a translation of these Terms of Use is provided, it is provided as a convenience only. ; For all purposes, only the English version of these Terms of Use and the Simple Velocity, Inc. web site shall be official and binding on the parties. Simple Velocity, Inc. is not responsible for the accuracy and correctness of any translation. You are solely responsible to carefully read and understand the English text and you agree that you may not rely on translations provided as official documents representations.