Legal / 03.09.16

Terms of Use

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ipply, Inc. ("ipply" or "we") provides an applicant tracking system to organize, qualify, and contact applicants to work with a user’s third party job posting. These offerings are provided by ipply through an application you download to your mobile device (the "Application"). Please read carefully the following terms and conditions ("Terms of Service") and our Privacy Policy, which may be found on our website at https://www.ipply.io/privacy and which is incorporated herein by reference into these Terms of Service. These Terms of Service govern your access to and use of the ipply App and all Site Content and constitute a binding legal agreement between you and ipply.

YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE "ACCEPT TERMS" BUTTON, REGISTERING FOR A IPPLY ACCOUNT, DOWNLOADING OF THE APPLICATION OR ANY APPLICATION UPGRADES, USING THE APPLICATION ON YOUR MOBILE DEVICE, OR ACCESSING OR USING THE IPPLY SERVICE, OR BY DOWNLOADING, SUBMITTING OR POSTING ANY CONTENT FROM, OR ON, OR THROUGH THE IPPLY SERVICE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE IPPLY SERVICE OR SITE CONTENT.

If you accept or agree to these Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
Definitions
  • "Content" means text, graphics, photos, music, software, audio, video, information or other materials.
  • "Corporate Member" means a Member that is a company or other legal entity, rather than an individual.
  • "ipply App" means the mobile application of ipply, on any platform.
  • "ipply Content" means Content that ipply makes available through the Site or ipply App, including any Content licensed to ipply from a third party, but excluding Member Content.
  • "Member" means a person or entity who completes ipply's account registration process, as described under "Account Registration" below.
  • "Member Content" means Content that a Member posts, uploads, publishes, submits or transmits to be made available through the ipply App, including, without limitation, comments to the ipply blog.
  • "Site Content" means ipply Content and Member Content.
Modification

ipply reserves the right, at its sole discretion, to modify, discontinue or terminate the ipply App or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms of Service or on the Site or Application. By continuing to access or use the ipply App after we have posted a modification on the Site or Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the ipply App.

Certain portions of the ipply App may, or may in the future, have different terms and conditions posted on the Site or may require you to agree with and accept additional terms and conditions. ipply may, in its sole discretion, make premium or different applications, software or services available to you that is subject to different terms and conditions and narrower licenses than as set forth therein. If there is a conflict between these Terms of Service and terms and conditions posted for a specific portion of the ipply App, the latter terms and conditions shall take precedence with respect to your use of or access to that portion of the ipply App.

Eligibility

By accessing or using the ipply App you represent and warrant to ipply that: (i) you are of legal age to form a binding contract, or, if you are a minor, you have your parent's permission to use the ipply App, and your parent has read and agrees to these Terms of Service on your behalf; (ii) all registration information you submit is accurate, current and complete; (iii) you will maintain the accuracy and completeness of such information; (iv) if you are accepting these Terms of Service on behalf of a company or other legal entity, you have the authority to bind that company or legal entity to these Terms of Service. You also certify that you are legally permitted to use and access the ipply App and take full responsibility for the selection and use of and access to the ipply App. These Terms of Service are void where prohibited by law, and the right to access the ipply App is revoked in such jurisdictions.

Privacy

See ipply's Privacy Policy at https://www.ipply.io/privacy for information and notices concerning ipply's collection and use of your personal information.

Account Registration

In order to access the ipply App, you must register to create an account ("Account") and become a Member. When registering with ipply you agree to: (a) provide true, accurate, current and complete information about yourself (or, if applicable, the Corporate Member you represent) as prompted by the ipply App's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the ipply App (or any portion thereof).

You may not authorize any third party (other than, if applicable, the employees, consultants or agents of the Corporate Member you represent) to access or use the ipply App on your behalf. You are responsible for maintaining the confidentiality of the user ID and password, and are fully responsible for all activities that occur under your user ID or password. You agree to immediately notify ipply of any unauthorized use of your user ID or password or any other breach of security. ipply cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.

By providing us with your email address, you agree to receive all required notices electronically, to that email address. From time to time, ipply will use this email address to send you notifications about product updates and improvements, company news and events, and updates from our community.

Fees and Payment

Signing up for an ipply account is free. The free use of various offerings within the ipply App, including but not limited to multiple instances are governed by additional terms set forth on the Site (such additional terms being incorporated herein by reference). In the event you choose to upgrade to paid services or to provide payment information to ipply after being prompted to do so, you agree to the pricing, payment and billing policies as set forth (a) herein, (b) on the Site and/or (c) if applicable, in a separately executed or accepted purchase order. All fees paid for the ipply App are non-refundable and non-transferable except as expressly provided in these Terms of Service. All fees and applicable taxes, if any, are payable in United States dollars. You are solely responsible for the payment of, and shall pay when due, all applicable sales and use taxes and similar fees now in force, enacted or imposed in the future on the delivery of ipply App and/or any related transactions (except for taxes assessed on ipply's net income or personal property).

License granted by ipply

Subject to your compliance with these Terms of Service, ipply grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on your mobile device and run such copy of the Application solely for your own personal or business use. Furthermore, with respect to any App Store Sourced Application (defined below in the Section entitled "Accessing and Downloading the Application from iTunes"), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (operating system software provided by Apple) and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. ipply reserves all rights in the Application not expressly granted to you by these Terms of Service. In addition, you agree to the the Terms of Service set by either the App Store or the Google Play Store. Terms of Service can be seen at the appropriate links below.

http://www.apple.com/legal/internet-services/itunes/us/terms.html

https://play.google.com/about/play-terms.html

Intellectual Property

ipply App. ipply shall own and retain all right, title, and interest in and to the ipply App (except for any licensed content and software components included therein). Member agrees not to reverse engineer, decompile, distribute, license, sell, transfer, disassemble, copy, alter, modify, or create derivative works of the ipply App or otherwise use the ipply App in any way that violates the use restrictions contained in these Terms of Service. ipply does not grant to Member any license, express or implied, to the intellectual property of ipply or its licensors. Member further acknowledges and agrees that any information regarding the design, "look and feel", specifications, components, functionality or operation and payment terms and pricing (if applicable) of the ipply App is considered the confidential and proprietary information of ipply (collectively "ipply Confidential Information").

Member Data. Subject to the section below labeled "Assignment of Certain Member Data", Member shall retain all right, title and interest in and to (a) all graphics, images, files, data and other information transmitted by Member to ipply in connection with its use of the ipply App and (b) reports and other materials generated by the ipply App following such transmission (collectively, "Member Data"), provided, however, that Member hereby grants to ipply a worldwide, royalty-free, non-exclusive license to use (i) data generated as a result of Member's use of the ipply App solely for purposes of (x) maintaining and improving the ipply App and (y) providing Member with access to special product offers and promotions and (ii) non-identifiable, anonymous, aggregated data regarding Member's use of the ipply App compiled by ipply solely for marketing purposes or distribution to third party research firms.

Assignment of Certain Member Data. Notwithstanding the foregoing, upon your submission f a user profile to a Corporate Member or any other Member, you hereby transfer all right, title, and interest in and to any transferred Member Data to the applicable Corporate Member or Member, provided, however, that such Corporate Member or Member hereby grants to you a worldwide, perpetual, royalty-free, non-exclusive license to maintain and utilize copies of such transferred Member Data for personal recordkeeping purposes.

ipply Logos and Designs. ipply's graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of ipply in the U.S. and/or other countries. ipply's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without ipply's prior written permission.

Member Art. Member shall retain all right, title and interest in and to all of Member's logos, promotional graphics and related marketing designs (collectively, the "Member Art"), provided, however, that Member hereby grants to ipply a worldwide, royalty-free, non-exclusive license to use the Member Art, as well as Member's corporate and/or trade name, for purposes of fulfilling its obligations hereunder and marketing ipply's products and services to third parties, subject to Member's right in each instance to approve the manner and form of such use (which approval shall be in writing and shall not be unreasonably withheld or delayed).

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the ipply App ("Feedback"). You may submit Feedback by emailing us at support@ipply.io. You acknowledge and agree that all Feedback will be the sole and exclusive property of ipply and you hereby irrevocably assign to ipply and agree to irrevocably assign to ipply all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At ipply's request and expense, you will execute documents and take such further acts as ipply may reasonably request to assist ipply to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

General Prohibitions

You agree not to do any of the following:

Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.

Use, display, mirror or frame the ipply App, or any individual element within the ipply App, ipply's name, any ipply trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without ipply's express written consent;

Access, tamper with, or use non-public areas of the ipply App, ipply's computer systems, or the technical delivery systems of ipply's providers;

Attempt to probe, scan, or test the vulnerability of any ipply system or network or breach any security or authentication measures;

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as of privacy and publicity) of any other use of the ipply App or staff member of ipply.

Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by ipply or any of ipply's providers or any other third party (including another user) to protect the ipply App or Site Content;

Attempt to access or search the ipply App or Site Content or download Site Content from the ipply App through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by ipply or other generally available third party web browsers;

Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail or junk messages, spam, chain letters or other form of solicitation (including sending invitations to use the ipply App to the mobile numbers of people you do not know);

Use or disclose any ipply Confidential Information, except as otherwise explicitly set forth herein.

Use any meta tags or other hidden text or metadata utilizing a ipply trademark, logo URL or product name without ipply's express written consent;

Use the ipply App or Site Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service;

Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the ipply App or Site Content to send altered, deceptive or false source-identifying information;

Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the ipply App or Site Content;

Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the ipply App;

Collect or store any personally identifiable information from the ipply App from other users of the ipply App without their express written permission;

Impersonate or misrepresent your affiliation with any person or entity;

Violate any applicable law or regulation; or

Encourage or enable any other individual or entity to do any of the foregoing.

ipply will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. ipply may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that ipply has no obligation to monitor your access to or use of the ipply App, or to review or edit any Member Content, but has the right to do so for the purpose of operating the ipply App, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the ipply App, please notify ipply's copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:

An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

Identification of the copyrighted work that you claim is being infringed;

Identification of the material that is claimed to be infringing and where it is located on the Services;

Information reasonably sufficient to permit ipply to contact you, such as your address, telephone number, and email address;

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and

A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

ipply's Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:
Attention

For clarity, only DMCA notices should go to the ipply, Inc. Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to ipply via support@ipply.io.

Links to Third-Party Websites

The ipply App may now or in the future contain links to third-party websites, advertisers, services, or resources that are not owned or controlled by ipply. You acknowledge and agree that ipply has no control over and is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, privacy policies, practices, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by ipply of such websites or resources or the content, products, practices, privacy policies, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or services on or available from such websites or resources. Additionally, your dealings with or participation in promotions of any third parties, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such third parties. You agree that ipply shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties. We encourage you to be aware of when you leave the ipply App, and to read the terms and conditions and privacy policy of any third-party website or service that you visit. You expressly relieve ipply from any and all liability arising from your use of any third-party website or services or third party content.

Termination and Account Cancellation

If you breach any of these Terms of Service, ipply will have the right to suspend, disable or terminate your Account or terminate these Terms of Service, at its sole discretion and without prior notice to you. ipply reserves the right to revoke your access to and use of the ipply App at any time, with or without cause. In the event ipply terminates these Terms of Service for your breach, you will remain liable for any and all amounts due hereunder. You may cancel your Account by sending an email to support@ipply.io.

Disclaimers

THE IPPLY SERVICE AND SITE CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, IPPLY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. IPPLY MAKES NO WARRANTY THAT THE IPPLY SERVICE OR SITE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. IPPLY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, IPPLY SERVICE OR SITE CONTENT PURCHASED OR OBTAINED THROUGH THE IPPLY SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE IPPLY SERVICE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM IPPLY OR THROUGH THE IPPLY SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE IPPLY SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE IPPLY SERVICE. YOU UNDERSTAND THAT IPPLY DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE IPPLY SERVICE, NOR DOES IPPLY MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE IPPLY SERVICE. IPPLY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE IPPLY SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE IPPLY SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE IPPLY SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE IPPLY SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

Indemnity

You agree to defend, indemnify, and hold ipply, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the ipply App, or your violation of these Terms of Service, including breach of any representations or warranties herein.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE IPPLY SERVICE AND SITE CONTENT REMAINS WITH YOU. NEITHER IPPLY NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE IPPLY SERVICE OR SITE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, IPPLY SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR IPPLY SERVICE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF IPPLY SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR SITE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE IPPLY SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE IPPLY SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT IPPLY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL IPPLY'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF IPPLY SERVICE OR FROM THE USE OF OR INABILITY TO USE THE IPPLY SERVICE OR SITE CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO IPPLY FOR USE OF THE IPPLY SERVICE OR CONTENT. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN IPPLY AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Export Control

You may not use, export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By using the Application, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Application for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.

Entire Agreement

These Terms of Service constitute the entire and exclusive understanding and agreement between ipply and you regarding the ipply App and Site Content, and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements between ipply and you regarding the ipply App.

Assignment

You may not assign or transfer these Terms of Service, by operation of law or otherwise, without ipply's prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. ipply may assign or transfer these Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Service, will be in writing and given: by ipply (i) via email (in each case to the address that you provide) or (ii) by posting to the Application or Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

General

The failure of ipply to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of ipply. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service will remain in full force and effect.

Contacting ipply

If you have any questions about these Terms of Service, please contact ipply at support@ipply.io.

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