Terms And Conditions

symplr Reference Assessment Candidate Terms of Use Agreement

Welcome to the symplr Reference Assessment website. You have been referred to this Reference Assessment website, maintained by symplr, by the employer with whom you are seeking employment ("Employer"). Following are the Terms of Use governing your access to, and use of, the website. Please read these Terms of Use carefully. To access the website, you are required to click "I agree" to the Terms and Conditions. By clicking "I Agree," you are entering into a legally binding agreement and that you agree to be bound by the Terms of Use.

If you do not wish to accept these Terms of Use, do not click "I agree" or attempt to access the Reference Assessment website. Unless you accept and comply with all of the Terms of Use provisions, you may not use the website and your unauthorized access will violate various laws and the legal rights of symplr (including, without limitation, contractual rights, copyrights and prohibitions of trespass).

Your Right to Use symplr Website. You have been requested by the Employer to provide the names and contact information for five professional references in accordance with the Reference Assessment website instructions. By selecting the individuals you seek to have provide references, you agree and certify to symplr that the individuals you choose are the best source of the information they will provide. You are not authorized to submit or access any additional information or to use the website for any other purposes, including, but not limited to, posting any content that is false, misleading, discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive or hateful or that you are not licensed or authorized to post or sending unsolicited commercial messages to others.

Intellectual Property Rights. All right, title and interest in and to the Reference Assessment is the sole property of symplr or its licensors, and is protected by U.S. copyright law and international treaties. Except for the limited licenses expressly granted to you in these Terms of Use, symplr reserves for itself and its licensors all other right, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, or sell the Reference Assessment survey or any other content, or use them in any other way for public or commercial purpose. "symplr," the symplr design logo and certain other names or logos, and all related product and symplr Services names, design marks and slogans are marks or trademarks of symplr.
In addition, the "look" and "feel" and functionality of the symplr Services (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by symplr’s trademarks, design marks and copyrights and may also constitute trade secrets. All other product and design marks contained in the symplr Services are the trademarks of their respective owners.

Monitoring of Use. The symplr Reference Assessment website is a portal for online screening of job candidates for hire or development. symplr reserves the right, but assumes no obligation, to screen, monitor or remove any content posted by a user, or to monitor the use, actions taken or activities of users. symplr shall have no liability or responsibility to Users for performance or nonperformance of such activities and hereby disclaims all such potential liability. symplr may take any action with respect to user submitted content that it deems necessary or appropriate, in its sole discretion.

Reference Checks. symplr will forward a Reference Assessment survey of questions to the references submitted by you on the website and will provide Employer a report on the compiled survey references responses. By clicking "I accept," you authorize symplr to forward the Reference Assessment survey to your references and to provide a report of compiled Reference Assessment survey references responses to Employer. symplr disclaims any responsibility for the content of survey references responses and you also acknowledge and agree that symplr is not responsible for the Reference Assessment survey references responses provided or the use made by Employer of the Reference Assessment survey references responses or report on compiled responses or any hiring decision made by Employer either directly or indirectly as a result of the survey references responses and/or report provided by symplr. By clicking "I accept," you release from all liability and hold harmless symplr, its officers, directors, shareholders, employees, affiliates or agents from any complaints, claims, demands or damages arising from or related to all compilations and/or reports prepared by symplr based on Reference Assessments survey references responses.

Personal Information and Privacy. Upon accessing the Reference Assessment website, you will be asked to submit personally identifiable information. By clicking "I accept," you acknowledge and authorize symplr to disclose such personally identifiable information to your submitted references and the Employer. symplr shall not disclose personally identifiable information to other third parties except as authorized herein and in accordance with its Privacy Policy. The Privacy Policy posted on the symplr Reference Assessment website is incorporated into the Terms of Use by this reference. The Privacy Policy governs personally identifiable information collected by symplr only. In addition, symplr reserves the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies or requests from government entities, even to the extent that such compliance may require disclosure of certain information collected from other third parties.

Employment Disclaimer. symplr is not an employment agency or a recruiting firm, and it makes no representations or guarantees regarding the effectiveness or timeliness of the Reference Assessment in meeting the employment objectives of Employers. symplr does not guarantee that use of the Reference Assessment website by you will result in you being hired or positions being filled, and it is not responsible for any employment decisions, for whatever reason, made by any Employer.

Warranty Disclaimers and Limitations of Liability. EXCEPT AS OTHERWISE GOVERNED BY THE FAIR CREDIT REPORTING ACT OR APPLICABLE STATE LAW, symplr SERVICES ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. symplr, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. symplr MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF symplr SERVICES. WITHOUT LIMITATION ON THE FOREGOING, symplr DOES NOT WARRANT THAT symplr SERVICES WILL OPERATE ERROR-FREE OR THAT symplr SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF symplr SERVICES RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, symplr IS NOT RESPONSIBLE FOR THOSE COSTS. IN NO EVENT SHALL symplr (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, symplr SERVICES AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT symplr HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR DAMAGES FOR CERTAIN CAUSES OF ACTION, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN symplr’S MAXIMUM LIABILITY TO YOU FOR ANY DIRECT OR INDIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $1,000.00 IN THE AGGREGATE.

Governing Law and Arbitration. These Terms of Use and any disputes arising out of or relating to these Terms of Use ("Disputes") shall be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions. Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in Boston, Massachusetts, USA (and no other place) in English, with a written decision stating and legal reasoning issued by the arbitrator(s) at either party’s request, and with arbitration fees and reasonable attorneys’ fees of both parties to be borne by the party that ultimately loses. Notwithstanding the foregoing, either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.

Amendments to the Terms of Use. symplr may revise the Terms of Use at any time by posting such revised terms on the symplr Reference Assessment website. Changes will be binding on you on the date they are posted (or as otherwise stated in any notice of such changes). Any use of symplr Services will be considered acceptance by you of the then-current Terms of Use. If at any time you find the Terms of Use unacceptable, you may not use the symplr Services any longer. Any new or different terms supplied by you are specifically rejected unless symplr agrees to them in a signed writing specifically including those terms. symplr may change the symplr Reference Assessment website or product at any time.