Effective September 25, 2015
1. Use of the Recruiting Platform
You may use the Service only if you are at least eighteen (18) years of age and can form a binding contract with ApplicantsPlus and/or our successors, parents, subsidiaries, affiliates, related companies or other companies under a common control that we may have now or in the future, as well as our sponsorship and advertising partners (individually and collectively, the “Affiliated Companies”), and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under eighteen (18) is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by ApplicantsPlus. If you use ApplicantsPlus on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity's behalf.
B. SERVICE FUNCTIONALITY
The Service gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts or services for different types of Users which may be subject to different or additional agreements. You may never use another User's account without permission. If you use the Recruiting Platform website to post jobs, you are an "Employer." If you use Recruiting Platform website to apply for jobs, you are a "Candidate."
By providing ApplicantsPlus your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences by emailing info@ApplicantsPlus.com. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. By submitting a job application on the Service, you give us permission to store your information on the Service and to share your information with the Employer posting the job. By connecting to ApplicantsPlus and/or the Service with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
C. EMPLOYER ACCOUNTS
The information in this section applies to all Employer accounts. You may control your profile information and how you interact with the Service by changing the settings in your Settings page. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols that are at least eight (8) characters long) with your account. You must notify ApplicantsPlus immediately of any breach of security or unauthorized use of your account. ApplicantsPlus will not be liable for any losses caused by any unauthorized use of your account.
We use our reasonable commercial efforts to distribute your job posting to the third-party services indicated on the Service, as we may update them from time to time (“Distributors"). By posting your job, you give us permission to distribute your post to current and future Distributors. You acknowledge and agree that ApplicantsPlus cannot be responsible and disclaim all liability for Distributors, including without limitation their availability, operations, features and functionality.
D. RECRUITING PLATFORM ACCESS AND USE
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the ApplicantsPlus servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that ApplicantsPlus grants the operators of public search engines revocable permission to use spiders to copy materials from ApplicantsPlus.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information from the Service, except as expressly permitted by the features of the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
If you are an Employer, you agree that you will not use the Service to post or promote any position that requires applicants to pay to apply, pay for training, pay for training materials, or pay for samples. You agree not to use the Service to post or promote any position that is compensated on a commission basis only, unless clearly stated in your posting.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service (in each case, for paid services, subject to the costs and fees set forth at ApplicantsPlus.com, and as such costs and/or fees which you acknowledge are subject to change from time to time). We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You are solely responsible for your interactions with other ApplicantsPlus Users, including potential job candidates if you are an Employer, and Employers if you are a Candidate. We reserve the right, but have no obligation, to monitor disputes between you and other Users. ApplicantsPlus shall have no liability for your interactions with other Users, or for any User's action or inaction. ApplicantsPlus and the Affiliated Companies shall have no obligation to you to enforce this Agreement against any other User.
2. User Content
The Service may allow Users to post content such as job and company information, application information, logos, trademarks, comments, questions, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service "User Content"). You retain ownership of your User Content.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. ApplicantsPlus reserves the right, but is not obligated, to reject and/or remove any User Content that ApplicantsPlus believes, in its sole discretion, violates these provisions. For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit, that Company's use of your User Content in accordance with this Agreement will not violate any law or infringe the rights of any third party, and that to the best of your knowledge, information and belief, all your User Content and other information that you provide to us is truthful and accurate.
ApplicantsPlus and the Affiliated Companies takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, or otherwise unsuited to your purpose, and you agree that ApplicantsPlus and the Affiliated Companies shall not be liable for any damages you allege to incur as a result of User Content.
3. User Content License Grant
By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to ApplicantsPlus a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and ApplicantsPlus's business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
By submitting User Content to us, you also grant us the right, but not the obligation to use your
biographical information including, without limitation, your name and geographical location in
connection with your User Content. You waive any and all claims you may now or later have
in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User
By submitting User Content to us, you also acknowledge and agree that certain portions of your User Content that relates to job postings including without limitation video and still photos, may not be utilized or accepted by a given employer offering such job or position.
By submitting User Content to us, you also acknowledge and agree that your User Content that relates to job postings may be kept and retained by the given employer as a record of such job application process and/or to conduct effectiveness and impact analyses.
4. License Grant
A. APPLICANTSPLUS SERVICE
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable, license to use the Service. ApplicantsPlus reserves all rights not expressly granted herein in the Service and the ApplicantsPlus Content (as defined below). ApplicantsPlus may terminate this license at any time for any reason or no reason.
B. MOBILE SOFTWARE
We may make available software to access the Service via a mobile device and/or mobile app ("Mobile Software"). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Service. ApplicantsPlus does not warrant that the Mobile Software will be compatible with your mobile device. ApplicantsPlus hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one ApplicantsPlus account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that ApplicantsPlus may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and ApplicantsPlus or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. ApplicantsPlus reserves all rights not expressly granted under this Agreement. If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Mobile Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the ApplicantsPlus Service.
(1) Mobile Software from iTunes. The following applies to any Mobile Software you acquire from the iTunes Store ("iTunes-Sourced Software"): You acknowledge and agree that this Agreement is solely between you and ApplicantsPlus, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to ApplicantsPlus as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to ApplicantsPlus as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party's intellectual property rights, ApplicantsPlus, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and ApplicantsPlus acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof.
5. Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the "ApplicantsPlus Content"), and all Intellectual Property Rights related thereto, are the exclusive property of ApplicantsPlus and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the ApplicantsPlus Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
You agree that any feedback, comments, or suggestions you may provide regarding ApplicantsPlus or the Service are entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
6. Paid Services
A. BILLING POLICIES
Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms set forth atApplicantsPlus.com, as we may update them from time to time. ApplicantsPlus may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any change to the Fee Schedule shall become effective in the billing cycle following notice of such change to you as provided in this Agreement. You may cancel your Member account at any time; however, there are no refunds for cancellation. In the event that ApplicantsPlus suspends or terminates your account or this Agreement for your breach of this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes relating to such purchases, transactions or other monetary transaction interactions.
ApplicantsPlus cares about the integrity and security of your personal information. We cannot, however, guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
9. Copyright Infringement Claims
We and the Affiliated Companies have adopted the following policy toward copyright infringement with respect to the Service in accordance with the Digital Millennium Copyright Act ("DMCA"), a copy of which is located at http://lcweb.loc.gov/copyright/legislation/dmca.pdf
Copyright Policy. It is our policy to comply with the DMCA and any equivalent law in other countries where the Service and its Services are made accessible. We shall:
Copyright Notice. Copyright owners or any agents thereof who believe that any ApplicantsPlus Content or User Content infringes upon their copyrights may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing (please consult your legal counsel or see 17 U.S.C § 512(c)(3) for further detail):
You acknowledge and agree that if you fail to comply with the requirements dictated above, your DMCA notice may be invalid. Please also note that under Section 512(f) of the DMCA any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Counter-Notification. If you elect to send us a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. § 512(g)(3) to confirm these requirements):
If we receive a Counter-Notification, we may send a copy of the Counter-Notification to the original complaining party informing them that they may replace the removed ApplicantsPlus Content or User Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the given ApplicantsPlus Content or User Content provider, member or user, the removed ApplicantsPlus Content or User Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, the Affiliated Companies or other third parties (collectively, the “Advertisers”) such as our advertisers, sponsors, or promotional partners as a result of your use of the Service. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
11. Promotions; Promotion Support
We, or our service providers, suppliers, Advertisers, clients and/or other third parties conduct promotions on or through the Service, including, without limitation, video submission campaigns (“Promotions”). Each Promotion may have official rules that will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement. ApplicantsPlus, in its sole discretion, may modify, cancel, terminate, and/or suspend any Promotion and disqualify you or any other individual who tampers with the entry process, violates those rules, this Agreement, or acts in a disruptive or unsportsmanlike manner.
Any use of robotic, macro, automatic, programmed or other methods that simulate a user’s individual use of the Service’s "Like" button or other Service features that allows users to show their individual support for Promotions by means of specific comments, pictures, wall posts, statuses, or fan pages (all such support features, the “Promotion Support”) will void all such Promotion Support and ApplicantsPlus and/or the Affiliated Companies reserve the right to nullify any and all such Promotion Support and to disqualify the responsible individual from providing Promotion Support. Any attempt by a user and/or his/her family/friends to provide Promotion Support more than the number of times authorized herein using multiple names, email addresses, phone numbers and/or any other fraudulent mechanism, as determined by ApplicantsPlus and/or the Affiliated Companies in their sole discretion, shall give ApplicantsPlus and/or the Affiliated Companies the right to disqualify and remove such user and any related Promotion Support as ApplicantsPlus and/or the Affiliated Companies determine in their sole discretion. Any attempt by any user to submit more than the stated amount of Promotion Support by using multiple/different email addresses, identities or any other method will void that user’s Promotion Support. Users are prohibited from obtaining Promotion Support by any fraudulent or inappropriate means, including, but not limited to, offering prizes or other inducements to members of public, paying or otherwise engaging a third party service to provide Promotion Support for or obtain Promotion Support for a given Promotion, or collaborating with other individuals or groups to trade Promotion Support, as determined by ApplicantsPlus and/or the Affiliated Companies, in their sole discretion, and ApplicantsPlus and/or the Affiliated Companies reserves the right to nullify any and all such Promotion Support and to disqualify from the Promotion the responsible user and/or Promotion contestant. CAUTION: A PERSON WHO ATTEMPTS DELIBERATELY TO UNDERMINE THE LEGITIMATE OPERATION OF ANY PROMOTION OR TO ALTER OR DAMAGE A WEBSITE MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL PENALTIES AND FINES; AND APPLICANTSPLUS AND THE AFFILIATED COMPANIES EACH RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
12. ApplicantsPlus Content & Third Party Links
We provide the Service including, without limitation, ApplicantsPlus Content for informational, educational, entertainment and promotional purposes only. You may not rely on any information and opinions expressed on any of our Service for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of ApplicantsPlus Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any ApplicantsPlus Content.
In many instances, ApplicantsPlus Content will include content posted by a third party or will represent the opinions and judgments of a third party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Service by anyone other than authorized employees or spokespersons while acting in their official capacities.
If there is a dispute between persons accessing the Service or between persons accessing the Service and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release the Service, us, and our officers, directors, employees, partners, agents, clients, and distribution partners, Affiliated Companies, and each of their related companies (collectively, the “Indemnified Entities”) from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
The Service may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
You agree to defend, indemnify and hold harmless ApplicantsPlus and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party's access and use of the Service with your unique username, password or other appropriate security code. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
14. No Warranty
APPLICANTSPLUS DOES NOT GUARANTEE ANY RESULTS FROM USING THE SERVICE. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM APPLICANTSPLUS OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, APPLICANTSPLUS, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
APPLICANTSPLUS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A USER OR THIRD PARTY THROUGH THE APPLICANTSPLUS SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND APPLICANTSPLUS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND USER OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL APPLICANTSPLUS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL APPLICANTSPLUS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLICANTSPLUS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY. IN NO EVENT SHALL APPLICANTSPLUS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO APPLICANTSPLUS HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF APPLICANTSPLUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled and operated from its facilities in the United States. ApplicantsPlus makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
We reserve the right in our sole discretion and at any time to terminate or suspend your Membership and/or block your access to the Service for any reason including, without limitation if you have failed to comply with the letter and spirit of this Agreement. You agree that the Indemnified Entities shall not be liable to you or any third party for any termination or suspension of your Membership or for blocking your access to the Service.
Any suspension or termination shall not affect your obligations to us under this Agreement. The provisions of this Agreement which by their nature should survive the suspension or termination of your Membership or this Agreement shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, no class action, no trial by jury and all of the miscellaneous provisions set forth below.
Subject to the retention of job posting information as set forth in section E above, you acknowledge and agree that if you terminate your Membership or if your Membership is otherwise terminated, your account information, including any saved resumes, contacts, and email contacts will be marked as deleted in and may be deleted from the Service and related databases. Such information may continue to be available for some period of time because of delays in propagating such deletion through the website and related databases.
B. CHOICE OF LAW; JURISDICTION AND VENUE
This Agreement shall be construed in accordance with the laws of the State of California without regard to its conflict of laws rules that would result in the application of the laws of a jurisdiction other than the State of California. Any legal proceedings against the Service or Indemnified Entities that may arise out of, relate to, or be in any way connected with the Service or this Agreement shall be brought exclusively in a state or federal court in the State of California, County of Los Angeles; and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.
C. NO CLASS ACTIONS
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
D. NO TRIAL BY JURY
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
E. AMENDMENT; ADDITIONAL TERMS
We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the Service or to modify this Agreement. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of the Service generally, unique parts of the Service, or both (“Additional Terms”). Any Additional Terms that we may provide to you are hereby incorporated by reference into this Agreement. To the extent any Additional Terms conflict with this Agreement, the Additional Terms will control.
Modifications to this Agreement or Additional Terms will be effective immediately upon notice, either by posting on the Service or by notification by email or conventional mail. It is your responsibility to review the Agreement and the Service from time to time for any changes or Additional Terms. Your access and use of any of the Service following any modification of this Agreement or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Agreement or to any Additional Terms, immediately discontinue use of the Service and, if applicable, terminate your Membership.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. If any provision of this Agreement is held to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect.
You may not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign this Agreement or any rights hereunder without your consent and without notice.