Terms of Service
Last Updated November 11, 2015
Welcome to the website of Purple Briefcase, Inc. ("Purple Briefcase," "we" or "us") and our online network that brings together universities, students, alumni, organizations, corporations and partners (referred to herein as the "Purple Briefcase Network" or the "Site"). These Terms of Service are the terms and conditions under which authorized users of the Site ("you" or "User") may use the Purple Briefcase Network and the functionality, content and services (the "Services") offered to you by Purple Briefcase on or through the Site. Please read this page carefully. If you do not accept these Terms of Service, do not use this Site or the Services. Any and each use by you of this Site or related Services indicates your acceptance of and agreement to be bound by these Terms of Service, as amended and in effect from time to time.
Purple Briefcase reserves the right to change any of the terms and conditions contained in these Terms of Service at any time and in our sole discretion. If we make changes to these Terms of Service, we will provide notice of such changes, such as by sending an email to you, posting a notice on the Site or updating the "Last Updated" date above. Your continued use of the Site and the Services following any revision to these Terms of Service will constitute your acceptance of the changes or modifications to these Terms of Service. If you do not agree to any changes to these Terms of Service, do not continue to use the Services or this Site.
Who May Use the Site?
The Site may only be accessed and used by:
Employer Licensing Fees
Purple Briefcase's web based recruiting products and services ("Corporate Services") can be viewed within this document, as Corporate Terms & Conditions. There are two types of employer access to Purple Briefcase. Free access is provided to employers that register to connect with one Network Community, or receive invitations from a Network Community to connect. Employers intending to connect to more than one Network Community without invitations, are able to register with our Purple Briefcase Power Connect service ("Power Connect"). Power Connect account registrations are subject to service fees in order to access or use the Site or the Services. These fees are based on connecting to Network Communities for employers and provide unlimited ability to perform activities on the Site. Fees and billing schedules for Power Connect service is available on the Site and should be reviewed prior to account creation.
Notwithstanding the foregoing, Purple Briefcase reserves the right, in its sole discretion, to deny access to the Site by any User or to modify, suspend or terminate any User's access to or use of the Site or the Services at any time, for any reason or for no reason, without notice. In the event a User's access to the Site is terminated for reasons other than a breach of these Terms of Service or any other agreement between Purple Briefcase and such User, such User shall be entitled to a refund of any prepaid but theretofore unapplied fees.
In no event may this Site be used or linked to by third party recruiters or by any party charging a fee for access to this Site or for access to any information gathered in this Site (including, but not limited to, employment clearing houses, employment placement/outplacement agencies, search firms, headhunters, temporary worker agencies, or employment consultants) or for access to the Site or the Services without the prior written consent of Purple Briefcase in each instance, which consent may be withheld in its sole discretion, along with acceptance by the Network Community they are accessing.
Each User will be assigned a unique password, which will enable such User (and only such User) to access and use those portions of the Site that they are authorized to use. You are responsible for maintaining the confidentiality and security of your password, and for all uses of your password or registration and all activities that occur under your password or account, whether or not authorized by you. You agree (a) not to disclose or share your password with any third party, (b) to use your best efforts to prevent any third party from obtaining your password, and (c) to inform us immediately of any actual or potential unauthorized use of or access to your password or to the Site. No User shall create more than one account on the Site without the prior written consent of Purple Briefcase in each instance, which consent may be withheld in its sole discretion. Passwords are subject to cancellation or suspension and Users may be subject to additional fees upon the misuse of any password by any User.
Acceptable Use of the Site
The Site may only be used for lawful purposes to (a) manage and automate career services functions, (b) obtain career information and identify and apply for job opportunities, and (c) seek, assess and hire job candidates, obtain information and data relating to recruiting, and automate and manage on-campus and online college recruiting functions. Users shall only access and use the Services of the Site which their password permits them to access and use. All Users are required to adhere to these Terms of Service, including the following requirements and guidelines:
Legal Compliance & Posting Limitations.
Users must use the Site in accordance with all applicable international, federal, state and local laws, and may not post or transmit anything that would give rise to any civil or criminal liability for any party or otherwise violate any law. In furtherance of and without limiting the foregoing, Users specifically acknowledge and agree that they may not:
Users under the age of 16 must provide Purple Briefcase with written permission from a parent or guardian prior to using or accessing the Site or the Services.
Site Security and Integrity.
Users may not violate or attempt to violate the security, efficiency, reliability, or integrity of the Site or its content in any way, including, without limitation:
Violations of system or network security may result in civil or criminal liability. Purple Briefcase may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
No Un-permitted Commercial Activity.
This Site or Services may not be used for purposes of or to further any commercial activity other than those described in the first sentence of this Section entitled "Acceptable Use of Site," without the prior written consent of Purple Briefcase, which consent may be withheld in its sole discretion. Posting or transmitting any unsolicited advertising, promotional materials, junk mail, "spam," chain letters or any other form of solicitation without the prior written consent of Purple Briefcase is strictly prohibited. Specifically (but without limiting the generality of the foregoing), you may not (i) spam our Users, (ii) reply to a job listing, except to apply for that job on behalf of yourself; or (iii) use allocated job listings other than to list available jobs at the your company. No User may post any franchise, pyramid scheme, club membership, distributorship or sales representative agency arrangement or other business opportunity that requires an up-front or periodic payment, pays commissions only, or requires recruitment of other members, sub-distributors or sub-agents, whether or not such posting is a bona fide offer of employment.
Job seekers may not reply to an employment posting for any reason except to apply for the job listed or to request information about the job. Employers may not contact a job seeker for any reason, except to initiate communication regarding a bona fide employment opportunity. There are risks, including but not limited to the risk of physical harm, of dealing and communicating with strangers, with persons outside the jurisdiction of the United States, with minors or with persons acting under false pretenses. User assumes all risks associated with such dealing or communications and with the use of the Site generally.
No Resale of Content or Services.
Users are strictly prohibited from, and agree to refrain from, reproducing, duplicating, displaying, copying, creating derivative works of, selling, reselling, trading or otherwise distributing or exploiting for any commercial purposes the Site or its Content or any portion thereof, access to or use of the Site or the Content or any portion thereof, or any of the related services offered on the Site.
This Site is a passive platform for Network Community staff and administrators, employers and jobseekers to interact with one another. Users are solely responsible for any and all content and communications that they post or transmit to the Site or to any User of the Site, as well as for the consequences of such postings and transmissions. Purple Briefcase is not involved in any interaction, transaction or negotiation between or among Network Community staff, employers or job candidates, and has no obligation to preview, screen, edit or monitor the employment listings, resumes or other User-submitted content on the Site. Purple Briefcase has no control over and takes no responsibility for (a) the truthfulness, accuracy, quality, safety, morality, desirability or legality of the company information, job postings, resumes or other candidate data, communications or information or any other User communications or User-submitted content on the Site, (b) the ability of employers to offer job opportunities or the ability of candidates to fill job openings, or (c) the hiring, recruiting or other practices of any User. Nothing on the Site shall be deemed to be an endorsement, representation or warranty by Purple Briefcase with respect to any Network Community, User, employer, job applicant or third party, or any content, information or communication provided by any of them. You acknowledge that any reliance on any material or communication posted or transmitted by another User will be at your own risk.
Purple Briefcase may, in its sole discretion, reject, remove or edit any User-submitted content or communication appearing on the Site for any reason, without notice, including, but not limited to, any job posting, employment advertising, resume or other User content or communication. Without limiting the generality of the authority prescribed in the preceding sentence, Purple Briefcase reserves the right (but shall have no obligation) to investigate any reported or suspected violation of these Terms of Service and to edit or remove any content or communication that violates these Terms of Service or that Purple Briefcase may in its sole discretion determine to be inappropriate or objectionable for any reason whatsoever; provided, however, that Purple Briefcase shall have no liability or responsibility to Users for performance or nonperformance of such activities. Any decision by Purple Briefcase to edit or remove any content shall be final, binding and not subject to debate or refund. Purple Briefcase reserves the right to expel Users and prevent their further access to the Site for violating these Terms of Service or the law, and may take any action with respect to User-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for Purple Briefcase or may cause Purple Briefcase to lose (in whole or in part) any Network Communities or other clients or customers or the services of its ISPs or other suppliers.
By submitting or posting any content to any area of the Site, you grant Purple Briefcase and its affiliates the royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any User to access, display, view, store and reproduce such content for the purposes contemplated by the Site. Subject to the foregoing, the owner of such content placed on the Site retains any and all rights that may exist in such content.
Third Party Content and Links
The Site provides content and material from, and links and references to, web sites of third parties and other third party resources not controlled by Purple Briefcase (collectively, "Third Party Content"). You acknowledge and agree that Purple Briefcase neither endorses nor is responsible or liable for the availability, accuracy, currency or reliability of any Third Party Content. Any concerns regarding such Third Party Content should be directed to the third party. Under no circumstances will Purple Briefcase be liable for any loss or damage caused by any use or reliance on Third Party Content or any purchase or use of goods or services from any third party referenced on the Site. Nothing on the Site shall be deemed to be a recommendation of any third party, Third Party Content or third party products or services, or to constitute any representation or warranty as to a third party's qualifications, services, products, offerings, information or any other content. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act, as set forth below.
Purple Briefcase may, in its sole discretion, terminate your password, account (or any part thereof) or access to or use of the Site, or remove, delete, or otherwise discard any content within the Site, for any reason, including, without limitation, your failure to pay any fees or other amount due to Purple Briefcase or if Purple Briefcase believes that you have breached or violated or acted inconsistently with the letter or spirit of these Terms of Service or any agreement between you and Purple Briefcase. Purple Briefcase may also in its sole discretion and at any time discontinue providing the Site or any related services, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Purple Briefcase may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that Purple Briefcase shall not be liable to you or any third party for any termination of your access to the Site or any related services. All fees and other amounts paid to Purple Briefcase by any User for access to or use of the Site, any features or functionality of the Site or any related services are non-refundable, except as otherwise expressly provided herein or in any other written agreement between Purple Briefcase and such User.
The contents of the Site, including, but not limited to, its look and feel, text, graphics, trademarks, service marks, icons, logos, buttons, images, video, audio and any and all software used on or incorporated in the Site (collectively, the "Site Material"), are protected under United States and foreign copyright, trademark, patent, trade secret and other laws. All Site Material is the property of Purple Briefcase or its suppliers, Network Communities, participating employers or business partners. The compilation (meaning the collection, arrangement and assembly) of the Site Material is the exclusive property of Purple Briefcase and is protected by United States and international copyright laws. Unauthorized use of the Site Material may violate copyright, trademark, patent and other laws. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Site Content on any copy you make of such material. You may not (a) sell or modify the Site Material; (b) modify, decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site, or (c) reproduce, display, publicly perform, distribute, create derivative works of, or otherwise use the Site Material in any way for any public or commercial purpose. The use of the Site Material on any other web site or in a networked computer environment for any purpose is prohibited.
Purple Briefcase, the Purple Briefcase logo, Purple Briefcase Network and all other Purple Briefcase trademarks, tag-lines, slogans (including "Get Noticed. Be Prepared"), product and service names (including "Power Connect") and logos are all owned by Purple Briefcase, Inc. (collectively, the "Purple Briefcase Marks"). You agree that you will not, without the prior written consent of Purple Briefcase, display or use any of the Purple Briefcase Marks in any manner.
The Site also contains many third-party trademarks and service marks of Purple Briefcase Network Communities, participating employers and business partners. All such marks are the property of their respective holders.
Disclaimer of Warranties
All Users expressly understand and agree that:
Limitation of Liability
IN NO EVENT SHALL PURPLE BRIEFCASE BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND -- INCLUDING WITHOUT LIMITATION LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA -- ARISING OUT OF OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE, REGARDLESS OF WHETHER PURPLE BRIEFCASE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF.
PURPLE BRIEFCASE'S MAXIMUM LIABILITY ARISING OUT OF OR RELATING TO THE SITE, YOUR USE OF THE SITE AND THE SUBJECT MATTER HEREOF, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), SHALL NOT EXCEED THE GREATER OF (I) THE TOTAL AMOUNT OF ALL FEES PAID TO PURPLE BRIEFCASE BY YOU DURING THE THREE (3) MONTH PERIOD PRECEDING THE IMPOSITION OF LIABILITY; OR (II) $100.
IN ALL CASES, PURPLE BRIEFCASE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
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 defend, indemnify and hold harmless Purple Briefcase and each of its officers, directors, employees and agents from and against any and all damages, liabilities, claims, demands, costs and expenses, including but not limited to, reasonable attorneys' fees, resulting from your (i) use or misuse of the Site, (ii) violation of these Terms of Service (as amended and in effect from time to time), (iii) conduct, communication or interaction with any other user of the Site or any of your other activities on the Site, or (iv) violation of the rights of any other User of the Site or any other person or entity. Use of this Site is at your own risk.
Copyrights and Copyright Agent
If you believe any content or materials on the Site infringes your copyright, you agree to abide by the notice and take down procedures of the Digital Millennium Copyright Act by contacting our copyright agent and providing the following information:
The contact information for copyright issues is as follows:
Purple Briefcase, Inc.
10 E. Main Street, Suite 302
Victor, NYÂ 14564
No waiver of any provision of these Terms of Service by Purple Briefcase shall be effective unless in writing signed by an authorized representative of Purple Briefcase. The waiver by Purple Briefcase of a breach or violation of any provision of these Terms of Service shall not constitute a waiver by Purple Briefcase of any succeeding breach of the same or other provision; nor shall any delay or omission on the part of Purple Briefcase to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any such right, power or privilege by Purple Briefcase. Any provisions of these Terms of Service that may be invalid shall not affect the validity of enforcement of the remaining valid terms of these Terms of Service.
These Terms of Service and all use of the Site shall be governed by the laws of the state of New York, without regard to its conflict of law provisions. You hereby submit to the jurisdiction of the state and federal courts of the Western District of the State of New York for purposes of any action relating to the interpretation or enforcement of the provisions of these Terms of Service, and agree that any legal proceedings arising under or pursuant to these Terms of Service or your use of the Site shall be conducted in such courts.
Purple Briefcase, Inc.'s ("Purple Briefcase") web based recruiting products and services ("Corporate Services" or "Services") may be purchased by signing our Corporate Services Agreement, which incorporates these Corporate Terms and Conditions in full by reference, or through our Online Ordering Process, which includes acceptance of these Corporate Terms and Conditions as a required component of the process. In either case, the Corporate Services Agreement or Online Order Form (as the case may be) and these Corporate Terms and Conditions, taken together (collectively, the "Agreement"), set forth the terms and conditions upon which Corporate Services are sold and provided by Purple Briefcase to its corporate community clients ("You").
Purple Briefcase may amend or modify these Corporate Terms and Conditions at any time and from time to time without notice to You, so you should visit this page periodically to review the most current version.
Upon signing a Corporate Services Agreement or ordering Corporate Services through our online ordering process, You are indicating your acceptance of, and agreement to be bound by and to comply with, the following (as same may be amended by Purple Briefcase and in effect from time to time):
2015 Purple Briefcase, Inc. All rights reserved. Purple Briefcase, Inc. reserves the right to make changes in specifications and other information contained in this document without prior notice. The reader should in all cases consult Purple Briefcase, Inc. to determine whether any such changes have been made.