NOTE: YOU ARE CONCLUDING A LEGALLY BINDING AGREEMENT
PurposeThe mission of Apply.co is to improve the application process for jobs and the way in which jobs are searched for and found. We offer the service through our website to help you interact with others in the job market in a more productive and fulfilling way, improving your chances of finding a job as a candidate, and/or of finding qualified candidates more easily as an employer.
If you are using Apply.co on behalf of a company or other legal entity, such entity may have a separate agreement with us, but you are nevertheless individually bound by this Agreement. If you do not want to become a User, do NOT conclude the Agreement, do NOT register on Apply.co, do NOT click "Join Apply.co", do NOT activate an account on any e-mail you receive from us, and do not access, view, download or otherwise use any Apply.co webpage, information or services. By becoming a User you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions.
License and warranty for your submissions to Apply.co
You own the information you provide Apply.co under this Agreement, and may request its deletion at any time (except for information or content you have shared with other Users/Visitors who may not have deleted it, information you have shared that may have been copied by other Users or Visitors, aggregated Analytics, statistics, all data originally generated by Apply.co and by all other Users, and any data Apply.co is not directly storing and therefore does not have control over). Additionally, you grant to Apply.co a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, any information you receive from other users, and any Analytics generated by Apply.co, directly or indirectly, including but not limited to any user generated content, ideas, concepts, techniques or data to the services, you submit to Apply.co, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss as covered in this Agreement. You warrant and represent that, by providing any and all information to us, you are entitled to provide this information and that the information is accurate, not confidential, only provided in representation of yourself (or, if you are using Apply.co in context of an employer account, you may represent that employer if and only if that employer has given you specific permission to do so) and not in violation of any third party rights or contractual restrictions or obligations. It is your responsibility to keep all information on Apply.co, whether private or public, accurate and updated.
Service EligibilityTo be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a Apply.co account, (3) are not a competitor of Apply.co or are not using the Services for reasons that are in competition with Apply.co; (4) will only maintain one Apply.co account at any given time unless otherwise allowed in this Agreement; (5) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of Apply.co, including intellectual property rights such as copyright or trademark rights; (7) agree to provide at your cost all equipment, software, and internet access necessary to use the Services; (8) if Employer or Recruiter, will not use Apply.co for the posting of any jobs that are obscene, illegal, pornographic, non-existent, fictional, inaccurate, or misrepresentative; (9) will not use Apply.co for any unintended use, such as but not limited to unauthorized product advertising; (10) agree to represent yourself accurately at all times, and (11) if you are an employer or recruiter, agree to represent your organization accurately at all times.
Managing Your AccountYou agree to: (1) Keep your password secure and confidential, with the non-binding recommendation from us to change this password regularly; (2) not permit others to use your account; (3) not access or try to access other Users' accounts; (4) not sell, trade, or otherwise transfer your Apply.co account to another party; and (5) not to charge anyone for access to any portion of Apply.co, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your account, please visit your account page on Apply.co, where you can follow the instructions for inactivating or deleting your account.
Employer contractual responsibility for Recruiters and vice versaAs an Employer, your account may allow you to hold multiple Recruiter accounts under your main account, which hold secondary privileges defined by you. All said Recruiters that hold accounts associated with the main Employer account, as well as the main Employer account itself, are individually and collectively subject to this Agreement, and Apply.co reserves the right to enforce any of the terms of this Agreement on any associated Recruiter or Employer account in response to actions, activity, or infringement by Users on any associated account. In short, each Employer and all of its Recruiters together hold enforceable responsibility for the actions of said Employer and all said Recruiters.
Dual AccountsThere is only one circumstance in which one individual can maintain more than one (1) account with Apply.co. If an individual is simultaneously representing an Employer with an Employer or Recruiter account and wanting to use Apply.co to search for new jobs as a Candidate, exactly two (2) accounts may be opened. In this case, both accounts are individually subject to this Agreement, and collectively subject to enforcement for the actions of that individual with respect to this Agreement. A possible result of this collectivity is that the breach of this Agreement taking place within a Recruiter's dual Candidate account may have implications upon that Recruiter's Employer account.
Reposting Jobs to other Job Boards and ServicesEmployers may have access to Apply.co's job reposting service, which enables an Employer to post a job and for Apply.co to distribute that job posting to hand-picked third party services that supply candidates. By using our service, Employers agree that Candidates will apply to these jobs on Apply.co's platform, which is built to be fast, ad-free, respectful, and free of data rental or sale to any third party. Apply.co typically sends all applications to the posting company within one (1) business day of receipt. To allow Candidates to use Apply.co, Employers receive a custom Apply.co URL upon registration (such as www.apply.co/acme), which either the Employer or Apply.co will insert into their job posting. In some cases, this can replace an Employer's default destination for receiving applications, but in all cases Apply.co sends all applications received to the Employer's e-mail address for perusal and/or parsing by an Applicant Tracking System (ATS). For Employers that use Apply.co's ATS, all applications are integrated in real-time.
In reposting an Employer's job, Apply.co acts as a good faith representative of that Employer. The Employer retains its rights, responsibilities, and obligations to every third party site, and Apply.co accepts no responsibility whatsoever for the content of a job posting, job application, or other information transferred among an Employer, Apply.co, the third party site, and/or any Candidate. Further, Apply.co accepts no responsibility whatsoever for any actions, complaints, or other ramifications of its role in the reposting process. THE EMPLOYER IS RESPONSIBLE FOR BEING IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF ITS THIRD PARTY POSTING DESTINATIONS. Apply.co retains the right to hold an Employer responsible for breach of Apply.co's terms and conditions and/or those of a third party at Apply.co's sole discretion.
Apply.co aims to get job distribution requests posted within two (2) business days from the date of the request. Due to the differing requirements and expectations of our posting destinations, APPLY.CO CANNOT GUARANTEE THAT A REQUEST WILL BE SUCCESSFUL. For the reader's benefit, some examples of why a posting may be rejected: if the third party board decides a posting is not in the best interests of their community or if the posting price has recently increased and needs more funds. Apply.co will communicate with and/or reimburse an Employer its payment for unsuccessful requests, possibly minus a reasonable service fee at Apply.co's sole discretion, never to exceed 25% of the original cost of the posting (and in most cases less). Apply.co is responsible for its own transaction costs and is not responsible for any transaction costs borne by the Employer. In no case of job reposting will Apply.co be responsible for any sum in excess of an Employer's original payment.
User-to-User Interactions (messaging, uploading files, etc.)Apply.co allows Users to communicate and share information, files, videos, and other data with each other. Your public profile as well as any information you share may be seen and used by other Users, and you accept that Apply.co has no control over and is not to be held responsible for how other Users may use your shared information. Therefore, if you have information that you would like to keep fully confidential, or that is subject to third party rights that may be infringed by your sharing it, do not post it anywhere on Apply.co. APPLY.CO IS NOT RESPONSIBLE FOR A USER'S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY APPLY.CO LOCATION, SUCH AS BUT NOT LIMITED TO IN A DIRECT MESSAGE, YOUR JOB APPLICATIONS, AND/OR ANY FILES YOU UPLOAD.
In some cases, such as but not limited to a public profile or job posting that you distribute to other parties, substantial portions of your account data (but not your login data or passwords) such as job details, company/basic personal information, questions/answers, and interview information may become available to anyone who accesses your pages on Apply.co, which may include Visitors who are not bound by any terms in this Agreement. As such, Apply.co can make no warranty whatsoever with regards to the conduct of Visitors or their use of your public information. APPLY.CO IS NOT RESPONSIBLE FOR THE MISUSE OR MISAPPROPRIATION BY A USER OR VISITOR OF ANY CONTENT OR INFORMATION YOU POST IN ANY APPLY.CO LOCATION, SUCH AS BUT NOT LIMITED TO IN A JOB POSTING, INTERVIEW, TEST, URL, QUESTIONS, OR ON YOUR COMPANY OR PUBLIC PROFILE.
Open QuestionsApply.co has a system whereby users and visitors can exchange Questions and Answers about almost any topic related to recruiting: this may or may not then become part of their job application(s). Apply.co extends a set of rules and guidelines regarding these Questions' content. Apply.co is not responsible for the content of any of these Questions, and any User has the right to rate and/or flag Questions they deem inappropriate. After a Question receives enough flags and/or poor reviews (at Apply.co's sole discretion), Apply.co suspends that Question, which blocks it from further circulation. All Questions and corresponding Answers are voluntarily given and no Question flagged by the community as being inappropriate will have any effect on any job application. Apply.co reserves the right to suspend or eliminate questions at its sole discretion, without notice to the User who wrote the Question. This data falls under the same rights granted to you under 'Your Rights' in this Agreement. All Questions, Answers, notes, analytics, and other related information are the sole and unencumbered property of Apply.co.
We are sincerely and relentlessly dedicated to quality, fairness, and an atmosphere of positive collaboration on the Site. Every User has the responsibility to ensure appropriate Questions and Answers that go along with this User Agreement, especially the Anti-Discrimination Policy, and with all applicable laws and regulations. If you discover a Question that appears discriminatory, inflammatory, or inappropriate, please rate and flag it. If you consider the breach worth our immediate attention, please write to us at contact [at] apply [dot] co.
RULES ON WRITING OPEN QUESTIONS:
Things to aim for:
- Be clear.
- Write questions that candidates present meaningful information to their employers.
- Give test takers a choice of good multiple-choice options.
- Be respectful and courteous.
Things to avoid:
- Don't ask obvious questions.
- Do not mention any company names, including yours.
- Don't ask questions tied to current events (they become dated).
- Don't ask anything too personal, such as someone's gender, age, disability, or marital status.
- Don't assume anything personal about the person answering, such as their gender, age, disability, or marital status.
- Don't ask anything that couldn't also apply to other jobs and companies.
- Don't ask anything that risks breaching EEOC regulations or any other applicable laws.
- Don't copy or plagiarize information from anyone else.
Choice of Employer Path and Links (if Employer or Recruiter)The Employer Path ("Employer Path" or "Path") is a unique string some employers can choose to form the basis of their access URL for all incoming Candidates and Visitors. This section pertains only to those employers that are on the right Plan that enables them to define their own Path. This Path takes the form 'apply.co/path', which may be followed by one or more links ("Links"), which are generated by the employer and/or its recruiters to customize avenues of entry to Apply.co. If you are an Employer or Recruiter, Apply.co reserves the right to limit, review, remove, amend, or restrict your choices of Path and Links at any time and for any reason, if we do so in the belief that such an action will fulfill any one (1) or more of the following: (1) support the terms of any agreement between you the Employer (or any of its Recruiters) and Apply.co, (2) to maintain Apply.co's strategic options, competitive strength, and structural control of the Apply.co domain, (3) to maintain a professional ethos across the site by limiting Paths and Links that may be deemed to be inappropriate at Apply.co's sole discretion, (4) to safeguard the rights of any and all Users of Apply.co, such as but not limited to their right to their unique brand identity, and (5) to safeguard the rights of non-users of Apply.co whose unique brand identity may be infringed at Apply.co's sole discretion. You agree that your choice of Path and all Links will accurately reflect your company's brand identity, remain narrowly limited to the context of recruiting, and will not infringe, copy, refer to, imply, or imitate the brand or copyright of any other organization.
Generating Interviews and Tests (if Employer or Recruiter)An Apply.co interview ("Interview") is an online system used by Apply.co to filter candidates based on their responses to questions that regard an Employer's criteria for hiring for a job or jobs. An Apply.co test ("Test") is a file uploaded by an Employer or Recruiter to further test an applicant's skills, requiring that applicant to download the Test and upload a second completed test ("Test Response") once finished or when the time runs out. Employers and Recruiters are able to generate Interviews and Tests on Apply.co that are then posed to incoming Candidates, who may answer any number of them at their own discretion. The creation process for each Interview involves naming the Interview, generating questions ("Questions"), and possibly optional answers to those questions ("Options" or "Answers"). Each Test is built around a single file that the Employer or Recruiter uploads, which contains a test of a format relevant to the position being hired for.
You agree to generate Interviews and Tests that:
In the specific case of Tests, you agree that:
- accurately reflect your concerns and questions as they regard the hiring process for your job or jobs;
- treat your candidates with respect and professionalism;
- do NOT use Interviews or Tests as a means to advertise, solicit product or customer feedback, or any other purpose at odds with that of hiring, as determined solely by Apply.co;
- do NOT use Interviews or Tests to in any way infringe the rights of any other entity, company, or person;
- do NOT belittle, ask about, or discuss your competitors;
- endeavor to give each candidate a fair chance with questions that do not assume contextual knowledge outside the confines of the job;
- do NOT collect data that is or may be seen as discriminatory on the basis of our Anti-Discrimination Policy.
- you will scan ALL Tests for viruses before uploading;
- you will upload Tests that are free of inappropriate, irrelevant, harmful, offensive, obscene, pornographic, or distasteful content, as determined solely by Apply.co;
- you will only include content on your Tests that is directly relevant to testing applicants' ability to perform the tasks required of your job;
- you will upload files of a file type (such as .doc, .xls, .pdf) appropriate to your work that a candidate would reasonably expect to have the ability to access using the relevant software;
- you will NOT upload or attempt to upload any executable ('.exe'), dangerous, malicious, risky, corrupt, or volatile file for any reason.
Analytics and Reviews (if Employer or Recruiter)Apply.co collects and analyzes data and metadata regarding your usage of the site that includes, but is not limited to, candidate application behaviors, Analytics, and Reviews written about candidates. This data falls under the same rights granted to you under 'Your Rights' in this Agreement.
Limited MarketingApply.co reserves the right to use your name and logo or profile photo on public-facing areas of Apply.co. By signing up you agree to give Apply.co permission to do this without restriction or exception with regard to time, location, manner of use, period of use, or any other factor. Contact us in writing if you would like a waiver; such a waiver will only be considered granted if and when you receive written confirmation from Apply.co. Apply.co is under no obligation to grant such waivers, and any such waiver may be revoked at any time at Apply.co's sole discretion.
Anti-Discrimination PolicyWe at Apply.co believe most stringently in anti-discrimination laws and we have a zero-tolerance policy for discrimination against any user on the basis of race, religion, national origin, genetic information, age, color, sex, pregnancy, gender, gender identity, sexual orientation, caste, disability, or any other factor covered by applicable laws. Apply.co may collect information that falls under these categories to assist employers in their EEOC reporting requirements, but it does so (1) at the full and optional consent of the candidate; and (2) with the express notice that such information is not to be used in material differentiation between applicants in the hiring process, so as to remain in compliance with the EEOC and all other applicable organizations and laws. ALL USERS OF APPLY.CO ARE FULLY RESPONSIBLE FOR ALL MATERIALS THEY SUBMIT TO THIS SITE AND THEIR CONDUCT ON THIS SITE, AND ALL USERS AGREE TO FOLLOW ALL APPLICABLE ANTI-DISCRIMINATION LAWS AS SET FORTH IN THIS SECTION AND BY ALL APPLICABLE AUTHORITIES IN EACH USER'S JURISDICTION. AS SUCH, APPLY.CO DOES NOT ACCEPT RESPONSIBILITY FOR INFRINGEMENT IF THAT INFRINGEMENT IS REGARDING DISCRIMINATORY BEHAVIOR, CONTENT, OR USE OF CONTENT SUPPLIED BY ONE OF APPLY.CO'S VISITORS OR USERS OR ANY OTHER THIRD PARTY.
A source for information that may apply to you is the U.S. Equal Employment Opportunity Commission (EEOC), whose guidelines and laws you may access at http://www.eeoc.gov/laws/index.cfm. If you ever encounter an occurrence of potential discrimination by another User or anyone in conjunction with your use of this Site, please notify Apply.co immediately. Any material on Apply.co that is found to violate any applicable law, or at the sole discretion of Apply.co, may result in actions being taken. Any such breach may result in removal of the offending material itself, written warnings, temporary or permanent suspension of the offender's account, or any other action to be taken by Apply.co at our sole discretion. Apply.co is under no obligation to provide warnings before taking stronger action against Users we deem to be in breach of the spirit and letter of this Policy.
IndemnificationYou indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys' fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, (3) any content other Users may submit to the Services, including but not limited to that which is in direct or indirect communication with you, (4) any content you download or view from the Services, and (5) any activity in which you engage on, through, or because of Apply.co. You also indemnify us and hold us harmless for all damages, losses and costs including but not limited to loss of business and losses due to data damage, data corruption, or partial or whole data loss.
PaymentIf you purchase any paid services that we offer, either on a one-time or subscription basis ("Premium Services" or "Plan"), you agree to Apply.co storing your payment card information and that in the event of redirection to a third party website to make a payment or payments (such as "Paypal"), you may be bound by the terms and conditions of that third party. You also agree to pay all relevant fees and taxes for these Premium Services, and to reimburse us for collection costs and interest on overdue accounts. All fees are nonrefundable and you will be responsible for paying all fees incurred up to the date of cancellation. There are no partial refunds unless specifically otherwise stated.
Payments received more than 30 days late ("Late Payments") will incur fees of 25 USD per month per outstanding invoice, beginning one month after the payment was due. These fees are not prorated and are nonrefundable. As example, an invoice for the period January 1st-January 31st, if paid on March 15th, will incur a one month penalty of 25 USD. If paid on April 1st, the fee increases to 50 USD. Service may be disconnected if any payment is received more than three months late.
Notify us of acts contrary to the AgreementIf you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
Notifications and Service MessagesAll service messages and notifications about Apply.co Services will be sent to your account's main e-mail address, even if other contact information is available. You also agree that Apply.co may communicate with you through your Apply.co account or through other means including email, mobile number, telephone, delivery or postal services about your Apply.co account or services associated with Apply.co. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service or from other Users or Visitors.
Export ControlYour use of Apply.co services, including our software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You shall not - directly or indirectly - sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.
DO'S AND DON'TS
If you agree to this User Agreement, you also agree to strictly observe the following DOs and DON'Ts: Do undertake the following:
Don't undertake the following:
- Comply with all applicable laws, including, without limitation, anti-discrimination laws, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
- Provide accurate information to us and update it as necessary;
- Review and comply with the rules preceding any and all components of an Apply.co job application;
- Review and comply with notices sent by Apply.co concerning the Services; and
- Use the Services in an ethical, honest, and professional manner.
- Act unethically, immorally, or dishonestly by posting or otherwise interacting with Apply.co (or its users, affiliates, shareholders, investors, directors, or partners) with incorrect, inappropriate, inaccurate, misleading, or objectionable content;
- Copy, reproduce, adapt, show, broadcast, enhance, plagiarize, store, distribute, print, perform, publish, license, sub-license, sell, rebrand, modify, transfer, or create derivative works from any part of Apply.co (excluding profile details, content, images, files, or other information originally posted by you), or use any element of the Website for any commercial purpose, unless with the express written consent of Apply.co, or as otherwise specified in this Agreement;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
- Create a user profile for anyone other than a real person;
- Create a user profile for anyone other than you, or with the direct permission of your employer, your employer;
- Act in any manner to breach, or attempt to breach, any set of rules governing any part of any job application, such as for an Interview or Test;
- Create more than one user profile, whether in your name or anyone else's, for any purpose, except as stated otherwise in this Agreement;
- Utilize any content you view on and/or obtain from Apply.co to provide any service that is not in the best business interests of Apply.co, at Apply.co's sole discretion;
- Represent, directly or indirectly, to anyone, that you are affiliated with Apply.co, endorsed by Apply.co, or that you are a representative of Apply.co, unless you have express written consent from Apply.co;
- Rent, lease, loan, trade, sell/re-sell access to Apply.co or any information therein, or the equivalent, in whole or part;
- Remove, violate, infringe, or attempt any of the aforementioned with respect to any copyright, trademark or other proprietary rights notice as contained in or on Apply.co, including those of both Apply.co and any of its licensors;
- Remove, cover, change, or otherwise obscure any form of advertisement included on Apply.co;
- Harass, abuse or harm another person, including sending unwelcomed communications to others using Apply.co;
- Collect, use or transfer any information, including but not limited to, personally identifiable information obtained from Apply.co except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
- Upload any form of content for your photo other than a professional head-shot photograph of yourself;
- Upload any form of content for your resume other than a Resume, herein defined as a document representing a professional profile of yourself in a purely employment-seeking context, as would be considered appropriate by a reputable company in your industry. For clarity, this typically stands as a .pdf, .doc, or .docx file, but can include a Powerpoint presentation (.ppt / .pptx) or other similarly non-traditional format, as long as the nature of all content conforms to this definition of Resume and to the general terms regarding content in this Agreement;
- Engage or attempt to engage in "Sockpuppeting" (herein defined as the unauthorized use of multiple accounts, possibly to give a User an advantage in the application process), to use or attempt to use another's account without authorization from the Company, or create a false identity on Apply.co;
- Help, hinder, interfere with, or collaborate with any individual in submitting an application to Apply.co, whether asked or not;
- Publish, share, voice, consult for, or otherwise make available information that may impact other individuals' job applications to Apply.co;
- Fill out a job application for any Candidate other than yourself;
- Violate, copy, infringe or otherwise use Apply.co's brand, logos and/or trademarks, including, without limitation, using the word "Apply.co" in any business name, email, or URL (or any portion thereof) or including Apply.co's trademarks and logos except as provided in the Brand Guidelines or as expressly permitted by Apply.co;
- Access, via automated or manual means or processes, Apply.co for purposes of monitoring its availability, performance or functionality or for any competitive purpose;
- Attack, violate, emulate, probe, analyze, synthesize, reverse-engineer, sweep, parse, use automated methods, or otherwise engage with Apply.co, or to attempt any of the aforementioned, without the prior written consent of Apply.co, in a manner that:
- May interfere with or disrupt Apply.co or any of its affiliated or dependent services and networks;
- May constitute "mirroring," "framing," or otherwise mimicking Apply.co in appearance and/or function;
- May constitute "spidering", "crawling", or "scraping" of Apply.co, either in part or in whole;
- May access or attempt to gain access to Apply.co by any means other than through the interfaces provided by Apply.co;
- May obtain or attempt to obtain information from Apply.co by any means other than through the interfaces provided by Apply.co;
- May result in the conflict, strain, or breach of Apply.co's authentication and security systems; or
- May result in the conflict, strain, overloading, interfering, spamming, or breach of any of Apply.co's functions, whether directly or indirectly;
- Upload, post, email, directly send, transmit or otherwise make available or initiate any content that:
- Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
- Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
- Adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the "title" or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Apply.co);
- Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
- Includes any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. This prohibition includes but is not limited to (a) using Apply.co invitations to send messages to people who don't know you or who are unlikely to recognize you as a known contact; (b) using Apply.co to connect to people who don't know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases;
- Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Apply.co or any User of Apply.co;
- Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; and/or
- Participate, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople to the purposes of creating a pyramid scheme or other similar practices.
YOUR RIGHTSOnly as long as you comply with all your obligations and do's and don'ts under this Agreement, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable right to access, through a generally available web browser, mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Apply.co), view information and use the Services that we provide on Apply.co webpages and in accordance with this Agreement. Any other use of Apply.co contrary to our mission and purpose (including, but not limited to, using your profile on Apply.co for advertising, sending non-recruiting-related communications to other users, using information gathered from Apply.co commercially unless expressly authorized by Apply.co, or in any other way harmful to Apply.co at Apply.co's sole discretion) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Apply.co and all related items.
OUR RIGHTS AND OBLIGATIONS
Availability of ServiceFor as long as Apply.co continues to offer the Services, Apply.co shall provide and seek to update, improve and expand the Services. As a result, we allow you to access Apply.co as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Apply.co, partially or entirely, or change and modify prices for all or part of the Services in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. Apply.co further reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by Apply.co to be contrary to this Agreement. For avoidance of doubt, Apply.co has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.
Disclosure of User InformationWe at Apply.co care about the privacy of our Users. You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if we are required to do so by law or if we do so in the good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including but not limited to civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of Apply.co, our Users or the public.
Connections and Interactions with other UsersYou are solely responsible for your interactions with other Users and other Visitors. In addition, Apply.co is specifically not responsible for any interactions you have with Users or Visitors. Apply.co may limit the number of connections you may have to other Users and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. Apply.co reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if Apply.co determines, in our sole discretion, that doing so is necessary to enforce this Agreement.
DISCLAIMERSOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON APPLY.CO, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR APPLY.CO AND ALL INFORMATION AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY APPLY.CO OR ANYTHING RELATED TO APPLY.CO, YOU MAY CLOSE YOUR APPLY.CO ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7 ("TERMINATION") AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. APPLY.CO IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY APPLICATIONS, INTERVIEWS, TESTS, OTHER INFORMATION PROVIDED BY ANY USER, OR MESSAGES (SUCH AS DIRECT MESSAGES SENT BY YOU TO OTHER USERS OR BY OTHER USERS TO YOU) SENT THROUGH APPLY.CO TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL TO US, SERVICE, OR TECHNOLOGY. APPLY.CO DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, APPLY.CO DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION. APPLY.CO IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR ANY CANDIDATES, RECRUITERS, OR EMPLOYERS AVAILABLE THROUGH THE WEBSITE, AND ALL EMPLOYERS AGREE THAT ANY INTERACTION WITH AND/OR HIRE OF ANY INDIVIDUAL IS BASED SOLELY ON THE EMPLOYER'S INVESTIGATION, VERIFICATION AND DETERMINATION THAT SUCH INTERACTION AND/OR HIRE IS SUITABLE FOR THE EMPLOYER'S PURPOSES. APPLY.CO DISCLAIMS ALL LIABILITY FOR ALL INTERACTIONS BETWEEN ALL USERS BEFORE, DURING, OR AFTER INTERACTING WITH THE WEBSITE. APPLY.CO DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. APPLY.CO DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, APPLY.CO DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE APPLY.CO SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON. APPLY.CO IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR ANY CONTENT EXCHANGED BETWEEN USERS AND/OR VISITORS, INCLUDING THE TRANSFER OF FILES (SUCH AS, FOR EXAMPLE, INTERVIEWS, TESTS, PORTFOLIO ITEMS, AND RESUMES) AND ANY DAMAGE, FAILURES, COSTS (DIRECT OR INDIRECT), ERRORS, OR OTHER HARM THAT MAY RESULT FROM THE TRANSFER AND/OR RECEIPT OF SUCH CONTENT. APPLY.CO IS NOT RESPONSIBLE FOR VIRUSES, TROJANS, WORMS, OR ANY OTHER FORM OF DANGER, MALICIOUS OR NOT, IMMEDIATE OR NOT, INCURRED THROUGH FILES PROVIDED BY A USER OR VISITOR. EVERY USER OF APPLY.CO IS RESPONSIBLE FOR THEIR OWN COMPUTER SECURITY, INCLUDING SCANNING FOR ELECTRONIC THREATS UPON DOWNLOADING ALL CONTENT. APPLY.CO DOES NOT ACCEPT RESPONSIBILITY FOR DAMAGES, OFFENSE, SLANDER, OR ANY OTHER ADVERSE EFFECT, DIRECT OR INDIRECT, THAT MAY OCCUR DUE TO YOUR CONNECTING OTHER SITES WITH APPLY.CO OR SUPPLYING INFORMATION ALLOWING APPLY.CO TO CONNECT TO ACCOUNTS OF YOURS HELD ELSEWHERE. BY SUPPLYING YOUR INFORMATION FOR ANY THIRD PARTY SITE, YOU ARE RESPONSIBLE FOR MEETING THE TERMS AND CONDITIONS OF BOTH APPLY.CO AND THAT THIRD PARTY SITE.
LIMITATION OF LIABILITYSOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. Neither Apply.co nor any of our subsidiaries, affiliated companies, employees, shareholders, or directors ("Apply.co Affiliates") shall be liable for (a) any damages in excess of five times the most recent monthly fee that you paid for a Premium Service, if any, or US $100, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from Apply.co. This limitation of liability shall:
- Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose;
- Not apply to any damage that Apply.co may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement.
YOU AND APPLY.CO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO APPLY.CO OR ITS SERVICES MUST BEGIN WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
This section does not apply if you have entered into a separate agreement to purchase Premium Services with a separate Limitation of Liability provision that supersedes this section in relation to those Premium Services.
Mutual rights of terminationYou may terminate this Agreement, for any or no reason, at any time, with notice to Apply.co. This notice will be effective upon Apply.co processing your notice. Apply.co may terminate the Agreement for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only Apply.co or the party paying for the services may terminate your access to any Premium Services. Termination of your Apply.co account includes disabling your access to Apply.co and may also bar you from any future use of Apply.co.
Deleting dataYou may remove data from your account at any time that is not marked with an asterisk (*) as 'required'. Removal of such information, which may include uploaded files, is typically permanent and Apply.co accepts no responsibility for data deletion or recovery, whether or not it was accidental.
Misuse of the ServicesAny User who abuses or misuses the Services may have their account restricted, suspended or terminated at Apply.co's sole discretion. Such activities include applying for jobs for which you are not genuinely interested; engaging in spamming, being abusive towards other Users, uploading inappropriate content, abusing the Apply.co messaging services; creating multiple or false profiles; using the Services commercially without Apply.co's authorization, infringing any intellectual property rights, using the Services in competition with Apply.co, or any other behavior that Apply.co, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, Apply.co may terminate accounts of Users who, in Apply.co's sole discretion, are deemed to be repeat infringers under the United States Copyright Act.
Effect of TerminationUpon the termination of your Apply.co account, you lose access to the Services. In addition, Apply.co may block access to the Services from an IP address or range of IP addresses associated with those of terminated Users. The terms of this Agreement shall survive any termination, except Sections named "Your Rights" and "Our Rights and Obligations" hereof.
DISTRICT OF COLUMBIA LAW AND ARBITRATION
Choice of LawExcept for any Disputes relating to intellectual property rights, obligations or any infringement claims, any disputes with Apply.co arising out of or relating to the Agreement ("Disputes") shall be governed by District of Columbia law regardless of your country of origin or where you access Apply.co, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods.
Agreement to Arbitrate and Pay Attorneys' FeesAny Disputes shall be resolved by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in Washington, District of Columbia, in English, with a written decision stating and legal reasoning issued by the arbitrator(s) at either party's request, and with arbitration costs and reasonable documented attorneys' costs of both parties to be borne by the party that ultimately loses.
Exception from Arbitration AgreementEither party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.
SeverabilityIf any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to preserve the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
PrioritizationIf any provision is found to be in conflict or in ambiguity with another provision, the stricter is to be enforced in the favor and protection of Apply.co, to be decided at Apply.co's sole discretion. Contact us if you are uncertain of any of the provisions under this Agreement before using the Services.
Notices and Service of ProcessIn addition to the terms in Section "Your Obligations: Notices and Service Messages", we may notify you via postings on www.apply.co. You may contact us via email at: email@example.com. Or via mail or courier at: Apply.co Corporation ATTN: Legal Department 10660 Page Ave #3507, Fairfax, VA 22038, USA.
Additionally, Apply.co accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.
Entire AgreementYou agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Apply.co services, third-party content or third party software.
Amendments to this AgreementWe reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.apply.co or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Section: "Termination".
No informal waivers, agreements or representationsOur failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Apply.co Affiliate shall be deemed legally binding on any Apply.co Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Apply.co.
No Injunctive ReliefIn no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of Apply.co or any content or other material used or displayed through Apply.co.
Assignment and DelegationYou may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Apply.co Corporation for any third party that assumes our rights and obligations under this Agreement.
CopyrightApply.co and all its contents (including text, images, graphics, designs, and other material) is owned or licensed by Apply.co. You may not in any form or by any means copy, reproduce, adapt, show, enhance, plagiarize, store, distribute, print, perform, publish, modify, or create derivative works from any part of Apply.co, or use any element of the Website for any commercial purpose.
We have worked very hard to build Apply.co and we have loved every minute of it. We hope you thrive on this site and we hope, in our own way, to have helped . Get to know us, give us feedback, share your thoughts, and enjoy using Apply.co.
Apply inc., Fairfax VA, USA, November 1, 2014.