The following terms and conditions apply to all Job Seekers, Employers, Publishers and other users who access or use the Site, or otherwise indicate their acceptance to this Agreement. For purposes of this Section of the Apply Up General Terms of Service, all references to “you” or “your” shall mean you, the individual or organization accessing this Site in any capacity.
The Site contains links to other sites on the Internet which are owned and/or operated by third-party vendors and other third parties (the “External Sites”). You acknowledge that Apply Up is not responsible or liable for any such third parties or for the availability of, or the materials located on or through any External Sites. You should contact the site administrator or webmaster for the applicable External Site if you have any concerns regarding such links or the materials located on an External Site.
In addition, Apply Up may provide you with links to third party sites that offer you services for your use or benefit. We may stop offering any such third party sites or services at any time. If you choose to use such third party sites or services, you enter into an agreement with such third party alone at your own risk. When entering into an agreement with such parties, you are giving them your data directly and your rights and their obligations are determined by their privacy policies and terms of service. We are not responsible for any content or services provided by these third parties, and disclaim all liability from anything that may occur when you utilize such third parties. We are additionally not responsible for any payment that may be asked of you by such third party. You will be notified on the site that these are third party sites and services, and not Apply Up.
For example, Apply Up may provide you with access to a link on Apply Up to background check services offered and performed by a third party (each a “Third-Party Background Check Service”). This service may be offered in the form of permitting a Jobseeker to request their own background check or permitting an Employer to request a background check of a Jobseeker. If you choose to use this link and these services, you are contracting directly with the Third-Party Background Check Service, and Apply Up is not a party to this contract. Please note (and you acknowledge) that Apply Up cannot and does not assemble, access, view, analyze, manipulate, alter, evaluate or store the background check reports provided by any Third-Party Background Check Service to you or to any other Apply Up user. Apply Up operates solely as a technical conduit, allowing the transmission of background checks sent by a Third-Party Background Check Service to you. Further, you agree to fully indemnify and defend Apply Up for any claims arising out of your use of a Third-Party Background Check Service’s services or a background check provided to you by a Third-Party Background Check Service.
Use of any automated system or software, whether operated by a third party or otherwise, to extract data from the Site (such as screen scraping or crawling) is prohibited. Apply Up reserves the right to take such action as it considers necessary, including issuing legal proceedings without further notice, in relation to any unauthorized use of the Site. If you wish to make commercial use of the Site, if you wish to make use of the Site in any capacity other than that of a Jobseeker or Employer, or if you wish to purchase Apply Up services that utilize the Site, you must have a prior written agreement with Apply Up to do so, or have accepted Apply Up’s online terms of service. Please contact us for more information. We reserve the right at all times (but will not have any obligation) to terminate users, and reclaim usernames or URLs, for any reason.
Some parts of the Site, such as message boards and forums or job posting pages, may allow users to post content like Job Listings, resumes, information, text, images, audio, video, messages, and other materials (any such materials that a user submits, posts, displays, or otherwise makes available on or through the Site, or any materials that a user submits to Apply Up, including where it is stated that such materials may be posted on the Site, are referred to herein as “User Content”). Such functionality is designed to help users obtain career and company information, to let users know of jobs, to provide information about potential job candidates, and facilitate other communication. User Content is provided by third-party contributors, many of whom may use anonymous screen names. User Content may be inaccurate, incomplete, misleading or deceptive. For example, the Site hosts Company Pages, which allow User Content to be posted by individuals that may not be affiliated with the Company who owns the Company Page, including but not limited to the answers to Q&A questions on Company Pages. Likewise, the Site hosts Apply Up Community, which allows User Content to be posted by third parties, including, but not limited to, Job Search Experts. Apply Up does not endorse and is not responsible for any User Content, including any opinion, advice, information, or statement contained therein. Some elements of Apply Up job search results pages may appear to be content produced by Apply Up, but are actually a reproduction of user-generated search queries. You acknowledge that by accessing the Site, you may come into contact with content (including User Content) that you find harmful, offensive, threatening, indecent or objectionable, including, but not limited to, explicit language and other potentially offensive material, and you acknowledge that Apply Up shall have no liability with respect to such content.
You must not post any User Content that is unlawful, fraudulent, discriminatory, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or that contains sexual, ethnic, racial or other discriminating slurs, or that contains no relevant or constructive content. You must also not post any User Content that contains proprietary information, trade secrets, confidential information, advertisements (other than Job Advertisements permitted by this Agreement), solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing), or encourages or causes spamming or flooding.
You are prohibited from posting any User Content containing official identification information (whether your own or of another person), such as social security number, passport number, national identification number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier. Posting such identification information may lead to identity theft and other adverse consequences. Apply Up may remove any such identification information, but does not undertake any obligation to do so, and has no responsibility and disclaims all liability for any posting of such identification information. Apply Up reserves the right to change the display of resume on its Site, including, but not limited to, hiding fields, rearranging its format, and changing visual elements.
Although Apply Up has no obligation to do so, Apply Up may monitor User Content, and reserves the right to delete any User Content or portion thereof that, in Apply Up’s sole discretion, violates the above rules, including any User Content that is unrelated to the specific portion of the Site on which it is posted, or that is an advertisement, recruiting or other commercial message (other than Job Advertisements permitted by this Agreement), or that Apply Up deems in its sole discretion to be inappropriate. If you believe that any User Content violates this Agreement or our policies, please contact Apply Up immediately so that we may have the opportunity to consider its removal. You acknowledge and agree that Apply Up does not have any obligation to host or remove any User Content, and i) the interpretation of whether any User Content violates any Apply Up policy, ii) whether to publish or to withdraw from publication any User Content, and iii) whether to exclude any material that any party seeks to post on Apply Up, will always remain within the sole discretion of Apply Up. You agree that Apply Up has no liability to you or anyone else arising from its editorial decisions. You acknowledge and agree that Apply Up is an interactive computer service and does not have any obligation to screen any User Content, or to include any User Content (including without limitation Job Ads) in its search results or other listings, and may exclude or remove any User Content from publication for any or no reason.
Apply Up reserves the right to disclose all User Content and other relevant information, and the circumstances surrounding their transmission, to any third party in connection with operating the Site; to protect itself, its affiliates, its partners and its visitors; and to comply with legal obligations or governmental requests. This means, for example, that Apply Up may honor subpoenas, search warrants, law enforcement or court-mandated requests to reveal a user’s electronic address and identity, or other properly requested information. When you post on Apply Up confidentially (e.g. anonymous Company Reviews or a confidential Job Ad), your identity may be discoverable by request from the government or law enforcement.
Without limiting the generality of the foregoing, Apply Up reserves the right (but is under no obligation) to remove any Job Listing that directly or indirectly discriminates against Job Seekers. Direct discrimination means, for example, that a Job Listing specifically makes clear that only Job Seekers matching a certain criteria are wanted, thereby excluding others because of, for example, their gender, race, age or disability. Indirect discrimination means, for example, that a Job Listing implicitly excludes certain classes of Job Seekers by making it impossible for them to qualify for the job requirements. You understand and agree that it is your responsibility to refrain from posting any Job Listing that directly or indirectly discriminate against Job Seekers or otherwise violate applicable law.
Please note: Section 230 of the U.S. Communications Decency Act provides that:
(1) Treatment of publisher or speaker No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.
(2) Civil liability No provider or user of an interactive computer service shall be held liable on account of-
(A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or
(B) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1).
Only to the extent permitted by law, you grant Apply Up a nonexclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free, transferable, sublicensable (through multiple layers of sub-licensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all User Content you post or submit, for the purpose of publishing material on the Apply Up website or its publishers, maintaining the Apply Up website and promoting Apply Up and such User Content without restriction. You understand that no compensation in any form shall be due or payable to you in connection with Apply Up’s exercise of its rights under the license granted under this Section. To the extent any compensation may be due under applicable law as a result of, or in connection with, Apply Up’s exercise of these rights, you hereby waive any and all rights to such compensation.
Furthermore, you grant to Apply Up, its affiliates, and sublicensees a license to use your name, user name, and/or trademarks and logos in connection with (i) any such User Content, (ii) any Apply Up marketing materials containing or incorporating such User Content, or (iii) any actions by Apply Up to promote or publicize such User Content (e.g. Job Listings), including without limitation the use of keywords in third-party internet search engines.
You represent and warrant that: (i) you own the User Content that you submit, post, display, or otherwise make available on or through the Site, or that you otherwise have the right to grant the license set forth in this section, (ii) such User Content, and its submission, posting, display or availability on or through the Site does not violate applicable law or the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and (iii) such submission, posting, display or availability on or through the Site does not result in any breach of contract between you and any third party. You agree to pay for all royalties, fees, damages, and any other monies owed to any person or entity by reason of such User Content. You agree to defend, indemnify and hold harmless Apply Up and its affiliates from any claims resulting from any such User Content. If you wish to request to revoke the license granted by you in this Section for any such User Content, please send a certified letter of request to the postal address listed above with a copy of your passport or national identity card (for identity verification purposes) and request removal of such User Content. Your certified letter of request must include (a) the signature of the applicable rights holder for such User Content or a person authorized to act on behalf of the rights holder; (b) identification of the User Content for which the license is to be revoked, and information reasonably sufficient to allow Apply Up to locate and remove such User Content on the Site; (c) your name, address, telephone number, and email address; (d) a statement that you have a good faith belief that you are the rights holder or authorized by the rights holder to revoke the license for the designated User Content; and (e) a statement that the information in the request is accurate, and under penalty of perjury, that you are the rights holder or are authorized to act on behalf of the rights holder with respect to such User Content. There may be a charge for answering and executing such a request; please contact Apply Up for more details.
At your discretion, you may provide feedback and related materials to Apply Up concerning the functionality and performance of the Site from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, provide any Feedback, you hereby grant to Apply Up a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such Feedback for any purpose without restriction. You agree that Apply Up may disclose any or all Feedback to any third party in any manner, and you agree that Apply Up may sublicense any or all Feedback in any form to any third party without restriction. By providing any Feedback, you agree that your provision of such Feedback is gratuitous, unsolicited and without restriction, and will not place Apply Up under any fiduciary, confidentiality or other obligation, and that we are free to use such Feedback without any additional compensation to you, and free to disclose such Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by accepting any Feedback, Apply Up does not waive any rights to use similar or related ideas previously known to Apply Up, or developed by its employees, or obtained from sources other than you.
You agree not to access (or attempt to access) the Site by any means other than through the interface that is provided by Apply Up, unless you have been specifically allowed to do so in a separate, written agreement with Apply Up. You agree that you will not engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the Site). Unless you have been specifically permitted to do so in a separate, written agreement with Apply Up, you agree that you will not crawl, scrape, reproduce, duplicate, copy, sell, trade or resell the Site for any purpose. Using or providing any false, fake, or fictitious name or contact information in connection with the Site is grounds for immediate termination of your Apply Up account and ability to use the Site. You agree that you are solely responsible for (and that Apply Up has no responsibility or liability to you or to any third party for) any breach of your obligations under this Agreement and for any consequences (including any loss or damage which Apply Up may suffer) of any such breach. You agree that you shall not transmit to Apply Up or upload to or through the Site (whether as User Content or otherwise) any Harmful Code, or use or misappropriate the Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “Trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission. Without limiting the foregoing and by way of example only, users may not:
Generate or facilitate unsolicited commercial email (“spam”). Such activity includes, but is not limited to:
sending messages in violation of the CAN-SPAM Act under U.S. law or any other applicable anti-spam law;
imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam;
data mining the Site or any content, service, or property provided by Apply Up “Apply Up Property”;
sending messages to users who have asked not to be contacted;
selling, exchanging or distributing to a third party the contact information of any person without such person’s knowledge of, and continued consent to, such disclosure; and
using Apply Up Resume contacts in violation of Apply Up policy, as determined by Apply Up, including, for example, as indicated by low response rates from those persons contacted.
Send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content, or offer to do the same. Apply Up may block the transmission of such content.
Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other Harmful Code or items of a destructive or deceptive nature.
Conduct or forward pyramid schemes or similar programs.
Transmit content that may be harmful to minors.
Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email.
Transmit another’s intellectual property or other proprietary or confidential information without such owner’s or licensor’s permission. Users who repeatedly post intellectual property owned by others will be banned from Apply Up.
Violate the legal rights (such as rights of privacy and publicity) of others.
Promote or encourage illegal activity.
Interfere with other Apply Up users’ enjoyment of the Site.
Create multiple user accounts in connection with any violation of the Agreement or create user accounts by automated means or under false or fraudulent pretenses.
Sell, trade, resell or otherwise exploit for any unauthorized commercial purpose, or transfer, any Apply Up account.
Modify, adapt, translate, or reverse engineer any portion of the Site.
Remove any copyright, trademark or other proprietary rights notices contained in or on the Site.
Reformat or frame any portion of the web pages that are part of the Site without Apply Up’s explicit written permission.
Contact other Apply Up users about multi-level marketing (MLM) programs, jobs that require payment to start, or any topics Apply Up considers detrimental to its users.
Create multiple Apply Up accounts without permission.
Create multiple Apply Up accounts not under your corporate or company name, in order to attempt to achieve higher visibility in the free-to-post system.
Bypass any limitations or suspensions of functionality.
Provide false information.
Scrape the Apply Up Resume database
Scrape or otherwise replicate any Apply Up content for competitive purposes
Use ad blocking or similar software in connection with your use of the Site, if and only to the extent that such software interferes with or prevents the display of Job Ads.
Apply Up reserves the right to use any User Content (including the content of messages or material sent through or to the Site or Apply Up) to prevent potentially illegal or tortious activities, or any other activities that are detrimental to other users. Apply Up reserves the right to use a variety of methods to detect and block the above anomalous activity and to screen User Content to prevent abuse such as spam or fraud. However, such detection methods are not perfect and false positives may occur. If you use the Site, you agree to Apply Up enforcing the above rules or attempting to prevent spam, fraud, or other anomalous activity. Such measures may result in a temporary or permanent suspension or termination of your account, of your access to Apply Up’s message relay, or of your use of any other functions of the Site, with or without notice. Apply Up shall not be responsible or liable for any such suspension or termination, including any consequences thereof. Apply Up reserves the right to drop any message with an .ade, .adp, .bat, .chm, .cmd, .com, .cpl, .exe, .hta, .ins, .isp, .jar, .jse, .lib, .lnk, .mde, .msc, .msp, .mst, .pif, .scr, .sct, .shb, .sys, .vb, .vbe, .vbs, .vxd, .wsc, .wsf, .wsh, or .zip attachment for any or no reason. Apply Up further reserves the right to conduct investigations to determine whether you are perpetrating a scam, spamming Apply Up or its users, or otherwise conducting fraudulent activity on Apply Up by various means, including but not limited to investigating your functionality by setting up profiles and names that belong to Apply Up. Apply Up reserves the right to turn over any information gathered via such investigations to the police or other third party if Apply Up has a good faith belief that you are using the Site in violation of these terms.
You may not use the Site, or otherwise exchange services or money with Apply Up, if you appear on any of the following lists administered by the United States Government: (a) Bureau of Industry and Security, U.S. Department of Commerce, Denied Persons List; (b) Bureau of Industry and Security, U.S. Department of Commerce, Unverified List; (c) Defense Trade Controls –List of Debarred Parties; and (d) Specially Designated Nationals, Terrorists, Narcotics Traffickers, Blocked Persons and Vessels List; and (e) Bureau of Industry and Security, Department of Commerce, The Entity List. If you appear on such a list, Apply Up may terminate this Agreement and your license to use the Site without any further obligations to you whatsoever.
Some areas of the Site, including areas that may permit you to set up an Apply Up account, require you to register or provide an email address. If you so register, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) be responsible for the confidentiality and use of your username and password, and not transfer or resell your use of or access to the Site to any third party. Please note that any individuals with whom you have shared your username and password and who are able to answer verification questions about your Apply Up account may receive access to information regarding your Apply Up account. We reserve the right at all times (but will not have an obligation) to terminate users or to reclaim usernames or URLs. Apply Up encourages you to enable two-factor authentication on your account. If you do not enable two-factor authentication on your account, please be aware that you are proceeding at your own risk.
You agree that Apply Up may, as part of its services to you, communicate with you, or initiate communication with you on behalf of a third party, through your Apply Up account or through other means such as email, telephone (including mobile phone), or postal mail, including through the use of contact information that you may provide to Apply Up or that Apply Up may otherwise obtain from third-party sources. By providing Apply Up with a mobile phone number, you expressly consent to receiving communication via such mobile number. When you give Apply Up a mobile number and consent to receiving communication, such communications are inherent to the services you have signed up for. To revoke consent at any time, reply to the text with STOP or contact Apply Up Customer Support. You may also revoke your consent by terminating the Agreement through closing your Apply Up account. By enabling two step verification, you verify that you are the owner of the phone number you provided.
Apply Up disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in or linked from the Apply Up search results (including Jobs Listings) or otherwise made available on the Site by Apply Up or third parties (including User Content), regardless of whether paid for or used for free. Apply Up disclaims any responsibility or liability for the accuracy, content, completeness or reliability of information provided by Apply Up for informational purposes only, including but not limited to, Apply Up Analytics data like estimated applies or organic traffic, and salary information. You acknowledge you are not paying Apply Up for the aforementioned information. Apply Up disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information, emails, attachments or material (including User Content). Apply Up further disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Site or on other sites or services on the Internet accessed through the Site. Under no circumstances shall Apply Up be liable to you or any third party on account of your use or misuse of or reliance on the Site. Additionally, under no circumstances shall Apply Up be liable to you or any third party on account of your use or misuse of or reliance on any third-party site or service you link to from Apply Up’s Site.
Apply Up further disclaims all liability for any technical malfunction of the Site, including but not limited to failure of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email delivery (including attachments), account login, or any other Services provided by Apply Up as a result of technical problems or traffic congestion on the Internet or any third party website (including but not limited to Applicant Tracking Systems (ATSs)) or combination thereof, including injury or damage to your or to any other person’s computer, mobile device or other hardware or software, related to or resulting from using or downloading any Content in connection with the Site or Services. Under no circumstances will Apply Up be responsible for any loss or damage to any content or personal injury or death, resulting from anyone’s use of the Site, Services, User Content, or third party applications, websites, software or content posted on or through the Site or transmitted to users or any interactions between users of the Site or Services, whether online or offline.
THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, CAREER GUIDE, USER CONTENT, PRODUCTS, FEATURES AND SERVICES AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. APPLY UP AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. APPLY UP AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, USER CONTENT, FEATURES, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE. APPLY UP AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE BY APPLY UP.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OBTAINING ANY SUCH MATERIAL OR DATA.
UNDER NO CIRCUMSTANCES SHALL APPLY UP OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF APPLY UP OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE ON THE SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF APPLY UP AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT YOU PAID APPLY UP TO USE THE SITE.
Without limiting the foregoing, under no circumstances shall Apply Up or its affiliates, or its or their third-party licensors, be liable or responsible, or be deemed to have defaulted under or breached this Agreement, for any delay or failure in fulfillment or performance resulting, arising out of or caused by, directly or indirectly, or results from acts, causes, forces or circumstances beyond its or their control, including, without limitation, the following force majeure events: (a) acts of God or natural catastrophes or forces, (b) flood, fire, storm, earthquake, epidemics, explosion or other similar events; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riots, insurrections, other civil unrest or disturbances, military disturbances or sabotage; (d) government action, order, law or regulation or orders of domestic or foreign courts or tribunals; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor disputes or stoppages or slowdowns or other industrial disturbances or shortage of labor or materials; (i) breakdown, interruptions, loss., fluctuations or malfunctions of utilities (including heat, light or air conditioning), communications, computers (software and hardware, and including, but not limited to, computer viruses), or telephone communication services; (j) internet, computer equipment, telecommunication equipment, electrical power or other equipment or mechanical failures or shortages; (k) loss of data due to power failures or mechanical difficulties with information storage or retrieval systems; (l) nonperformance of third parties; and (m) other events beyond the control of Apply Up.
U.S. Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Apply Up infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Apply Up to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Apply Up a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent in writing to Apply Up Copyright Notice, 2210 W Grande Blvd, Tyler, TX, 75703, USA (copyright @ Apply Up.com) (remove spaces when sending email). We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there are penalties for false claims under the DMCA. Other Claims of Infringement. For claims of infringement that do not involve a U.S. copyright, please contact us via our Site contact form.
If you are neither a Job Seeker nor an Employer as defined in this Agreement and are not using the Site as intended by Apply Up, this Agreement will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of Smith County, Texas, U.S.A.
Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation. The unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise and OnGuard Online. Please note that Apply Up does not endorse any of the products or services listed on such sites.
The Site is not for use by anyone under the age of 16. However, if local laws provide for an alternative minimum age for Apply Up to lawfully provide the services in the Site to you, then that shall apply as the applicable minimum age. In all jurisdictions outside the European Union, if you are under the age of 18 or the age of majority in your jurisdiction, you must use Apply Up under the supervision of your parent, legal guardian or responsible adult. Apply Up adopts a range of measures to try to ensure that we do not accept individuals who do not meet the minimum age and any other applicable age requirements. If you do not satisfy these age requirements, please email privacy-dept @ Apply Up.com (remove spaces when sending email).
Some pages on the Site may offer an e-signature option, which is powered by a third-party service provider. By using e-signatures on the Site, you agree that your e-signature is intended to authenticate the document you’re signing, and your e-signature will have the same force and effect as a manual signature. Apply Up disclaims all warranties associated with e-signatures, including any errors associated with the software or the validity of the signature. Apply Up is not a legal record keeper. Your use of e-signatures is at your own risk, and it is your responsibility to ensure that your document is received and to retain your own copies.
Apply Up may offer beta test products or features on our Site. You will know that a product or feature is offered on a beta or test basis because the product name or feature will state that it is offered on a beta or test basis or the name will include the word “beta.” These beta test products or features may be offered in limited quantities, in limited locations, and for a limited time. Apply Up may discontinue or cancel all or part of a beta product or feature at anytime without prior notice to you. ANY BETA PRODUCT OR FEATURE IS IN TESTING PHASE AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, IS BELIEVED TO CONTAIN DEFECTS, AND A PRIMARY PURPOSE OF THIS BETA TEST IS TO OBTAIN FEEDBACK ON THE PRODUCT PERFORMANCE. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE BETA PRODUCT OR FEATURE OR ACCOMPANYING MATERIALS. If you have been invited to test a beta product or feature, you agree that, unless otherwise specifically provided herein or agreed by Apply Up in writing, any beta product or feature and any documentation provided corresponding with a beta product or feature constitute confidential proprietary information of Apply Up. You shall permit only authorized users, who possess rightfully obtained access to any beta product or functionality, access to the beta product or functionality or any corresponding documentation. You agree not to transfer, copy, disclose, provide or otherwise make available such confidential information in any form to any third party without the prior written consent of Apply Up.
This Agreement (including any other section of this Agreement like the Apply Up Ads Program Terms or Apply Up Resume Terms) constitutes the entire agreement between the parties with respect to the subject matter hereof, including any and all provisions applicable to the parties, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Apply Up. This Agreement, together with any amendments and any additional agreements you may enter into with Apply Up in connection with the Site, shall constitute the entire agreement between you and Apply Up concerning the Site. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. You agree that this Agreement cannot be altered, amended, modified or overridden, except by a document signed by an authorized representative of each party. For the avoidance of doubt, email or phone communication between you and an Apply Up employee shall not constitute an amendment or alteration of this Agreement.
By accessing or using the Site, you signify your assent to this Agreement and agree to comply with all applicable laws and regulations, including U.S. or other export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo, sanctions, or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; (b) on any of the U.S. government lists of restricted end users; or (c) the subject of sanctions consistent with U.S. law imposed by the government of the country where you are using Apply Up. If (a), (b), or (c) applies to you, you may not use the Site or Services, and Apply Up may terminate this Agreement and your access to the Site and Services without any further obligations to you whatsoever. The materials on the Site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Apply Up’s proprietary rights in them.
You understand and acknowledge that Apply Up or its affiliates, or its or their licensors, owns all right title and interest to the Site and all proprietary rights associated therewith. Apply Up reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, or other indicia of ownership on the materials accessed through the Site, other than your User Content. Any use of materials or descriptions, any derivative use of the Site or its materials, and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event may you frame any portion of the Site or any materials contained therein.
In the event of any irreconcilable conflict between these Apply Up General Terms of Service and the Apply Up Ads Program Terms, Apply Up Resume Program Terms, Seen by Apply Up Terms, Apply Up Targeted Ads Terms, Terms of Service for Publishers or other subset of terms as applicable to you, the Apply Up Ads Program Terms, Apply Up Resume Program Terms, Seen by Apply Up Terms, Apply Up Targeted Ads Terms, Terms of Service for Publishers or other subset of terms as applicable to you will govern with respect to the Apply Up Ads Program, Apply Up Resume Program, Seen by Apply Up, Apply Up Targeted Ads, Terms of Service for Publishers or other subset of terms as applicable to you, respectively, and these Apply Up General Terms of Service will otherwise govern.
Any waiver of any provision of this Agreement will be effective only if in writing and signed by Apply Up. This Agreement, together with any amendments and any additional agreements you may enter into with Apply Up in connection with the Site, shall constitute the entire agreement between you and Apply Up concerning the Site. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. You agree that this Agreement cannot be altered, amended, modified or overridden, except by a document signed by an authorized representative of each party. For the avoidance of doubt, email or phone communication between you and an Apply Up employee shall not constitute an amendment or alteration of this Agreement.
Any notices to Apply Up must be sent to the applicable Apply Up entity identified in the first paragraph of this Agreement via certified first class or air mail or overnight courier, are deemed given upon receipt, and must reference the Program that is the subject of the notice (i.e., Apply Up Ads Program, Apply Up Resume Program, or Apply Up Publisher Program). Notice to you may be effected by sending email to the email address specified in your account, or by posting a message to your account interface, and is deemed received when sent (for email) or no more than fifteen (15) days after having been posted (for messages in your Apply Up Ads interface).
You may not assign or delegate any of your rights or obligations hereunder without Apply Up’s prior written consent and any such attempt is void. Apply Up may freely assign or delegate its rights and obligations hereunder without notice to you. Additionally, Apply Up may assign any agreement between you and Apply Up to any related Apply Up entity by informing you of such assignment. Apply Up and you are not in a legal partnership, agency relationship, or employment relationship. When Apply Up provides the Site or any related services to you, Apply Up does so solely in its capacity as a service provider.
In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any mobile application version of the Site compatible with the iOS operating system of Apple Inc. (“Apple”, and such mobile application, the “App”). Apple is not a party to this Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to Apply Up in accordance with the “Questions or Complaints” section above. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, Apply Up’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.
By using any of the Apply Up Apps, including but not limited to the Apply Up Job Search, Apply Up Resume Search, Apply Up Employer, Apply Up Job Spotter or others, you agree that all of the terms and conditions found herein apply to your use of the Apply Up App. Additionally, you agree that the Apply Up App may send you push notifications, if you turn on receipt of notifications and/or sign up to receive notifications. By downloading and using the Apply Up App, you are asking Apply Up to make formatting changes to any Job Listings as they appear on your phone, in order to enable you to utilize your Apply Up Resume. You further acknowledge that your use of the Apply Up Apps may require use of your data plan from your cellular provider. You are responsible for payment of all data usage accrued based on your use of the Apply Up App, and Apply Up disclaims all responsibility for such data usage. In addition, if you allow Apply Up Apps to utilize location services, the Apply Up Apps may suggest to you and collect from your information based on your geographic location. The legal entity that ( i) provides any services to you through the Apply Up Apps, (ii) owns or licenses the intellectual property rights to any of Apply Up Apps and/or (iii) has access or controls any personal data through the Apply Up Apps may at times be an affiliate of Apply Up, even if the entity identified as the application developer on any of the application marketplaces is Apply Up, Inc.