Agay Barho

Term & Condition

Term & Condition

1. The Program
Use of the Apply For Me Program (“Program”) on or through the Site is subject to all applicable Apply For Me terms and policies, including without limitation the Apply For Me Privacy Policy and those instructions provided on the Website, if you are using the Ads Program, through our on-line forms. Apply For Me policies may be modified at any time. With regards to any job advertisements posted on Apply For Me, either for payment or posted for free and including jobs provided to Apply For Me via an XML feed (“Job Listings” or “Job Ads”), you agree that you are solely responsible for all: (a) ad or job content (including job descriptions and screener questions) and target URLs (“Creative”), whether generated by or for you, including but not limited to photograph(s) you provide to Apply For Me; and (b) websites proximately reachable from Creative URLs and your services and products (collectively “Your Services”). You shall protect your passwords and take full responsibility for your own and any third party’s use of your accounts. Job Ads may be placed on (y) any content, service, or property provided by Apply For Me (“Apply For Me Property”), and (z) any other content or property provided by a third party (“Publisher”) upon which Apply For Me places Job Ads or provides search results of Job Listings (“Publisher Property”). Apply For Me does not guarantee performance or placement of Job Ads, and distribution on Apply For Me and Publisher Properties may vary depending on demand, industry, sponsorship, and other considerations. By sponsoring a Job Ad, you are agreeing to pay a price for each user “click” (a user action that results in a job description being displayed to the user) that such an ad receives. By sponsoring a Job Ad you are requesting that Apply For Me manage the visibility of your Job Ads in the Apply For Me Search Engine Results Page to give your job exposure, in a way designed to make the experience on Apply For Me better for you and get your jobs better visibility. “Exposure” does not always mean the Job Ad will get a particular spot on the page, or that it will be called out with special wording, but means that it will be placed by Apply For Me in accordance with Apply For Me judgment and discretion in order to achieve what Apply For Me determines, in its sole discretion, to be the best visibility for such a job, considering the budget. By sponsoring a job you are requesting Apply For Me to manage this relative visibility and exposure on its search engine results page. You acknowledge and agree that such management of sponsored Job Ads is in Apply For Me’s sole discretion and is provided without warranty as to how and where Apply For Me shall place such Job Ads. You shall direct only to Apply For Me any communications regarding Job Ads on Publisher Properties. By posting or sponsoring a Job Ad on Apply For Me, including but not limited to by XML feed: you agree that Apply For Me may and authorize Apply For Me to reformat and host (but not change the content of) the Job Ad on an Apply For Me hosted page or in its publisher network in any way Apply For Me sees fit. All dashboards will reflect the total click count, including the clicks that open an Apply For Me reformatted or hosted page. In the event you provide Apply For Me with an indication that you are looking to fill your role in a short time period, as determined by Apply For Me, Apply For Me may add a label (such as “Urgent”, “Urgently Hiring” or similar) next to the word “Sponsored” on the search results page where your Job Ad is displayed. Apply For Me may use words or phrases interchangeably (for example, “Ad”, “Urgently Hiring”, “Paid”, “Promoted”, “Sponsored”, “Urgent” or similar) in connection with a sponsored advertisement on Apply For Me. Job Ads posted directly on Apply For Me may no longer appear on the Site after a period of time; in some cases, these Job Ads may need to be sponsored in order to remain visible or become visible again. However, Job Ads indexed by Apply For Me will expire after a period of time and Apply For Me is unable to restore their visibility. If you sponsor a Job Ad but do not provide a payment method for your campaign, the job campaign will not begin and your Job Ad will not be visible. Apply For Me may in its sole discretion remove the budget and post the job with organic visibility. Apply For Me may require sponsorship for the display of any Job Ad at any time for any reason. Apply For Me may recommend or suggest a budget for any Job Ad to maintain or optimize its visibility. The suggestion is made without warranty and is not a guarantee regarding placement or visibility of any Job Ad. If you are located in Japan, you acknowledge that Apply For Me’s content moderation policies may, in some instances, result in the modification of your Job Ad, and you agree to this activity. If you are an Apply For Me agency partner, you may be eligible to participate in an Apply For Me partnership program. Agency partners in this program may attain the rank of “Gold”, “Silver”, or “Bronze” based on their Apply For Me usage and engagement, measured by revenue. Apply For Me’s determination of an agency’s rank is made at Apply For Me’s full discretion and may be revoked at any time. Apply For Me may offer some Employers who sponsor Job Ads the opportunity to be displayed more prominently, or in an enhanced way, on the Site (“Featured Employer”). Featured Employer is awarded at Apply For Me’s sole discretion. The ability to receive Featured Employer, generally, is a function of both the number of open jobs at your company and how much you spend. A Featured Employer may also receive subscriptions to the Apply For Me Resume Program for a limited time (“Resume Rewards”), which are awarded at Apply For Me’s sole discretion. The Featured Employer program and Resume Rewards may be changed or removed by Apply For Me at any time, at Apply For Me’s sole discretion.

Cost per Apply. Apply For Me may offer a tool permitting an Employer to set a Sponsored Job advertising budget on a per-apply basis, referred to as either “cost-per-apply” or “pay-per-apply.” Employers may be placed into a test group and offered the cost-per-apply product by default. If you are placed in such a test group and wish to purchase a cost-per-click advertising plan instead of cost-per-apply, contact Customer Service. Charges are based on applies (“Applies” or “Apply” or “View”), defined as an application to one of your Job Ads delivered by Apply For Me on the Site. Apply For Me may offer estimates regarding the number of Applies for a given budget; this information is based on estimates only and is not a guarantee of future performance or of any particular number of Applies. By selecting a desired number of Applies on the Site, you are requesting Apply For Me to display your Job Ad in Apply For Me’s sole discretion, using the budget you have selected. You will be charged upon the earlier of a) your ad campaign spending $500.00 or more or b) the beginning of the next calendar month after you sponsor your Job Ad. If you previously purchased cost-per-click Sponsored Jobs on the same account, you may also be charged once your Job Ad campaign spends $25.00. The campaign for your Job Ad will automatically pause after the number of Applies you have selected are delivered. Charges are solely based on Apply For Me’s Apply measurements. Apply For Me’s determination of Apply count shall be binding. Apply For Me and its affiliates, and its and their third-party licensors, disclaim all guarantees regarding positioning, accuracy, or the levels or timing of: (i) costs per Apply, (ii) delivery of any Applies, (iii) the interest level of any users who Apply to or view your job. Apply For Me further disclaims all guarantees regarding analytics and statistics provided to Employers in the cost-per-apply test group, as such information may be inaccurate or outdated during the test.

Apply For Me may offer conversion tracking feature that Employers may install on their own websites (“Conversion Tracker”). The Conversion Tracker will inform Apply For Me when a Job Seeker completes an application on the Employer website, allowing those applications to appear in the Employer Dashboard. By installing or using a Conversion Tracker, you represent and warrant that you shall do so in accordance with all applicable laws, including without limitation that you shall provide users of your website with all necessary disclosures, and obtain any necessary consent or agreement from such users, to permit the Conversion Tracker to function in accordance with applicable law, and you agree to defend and indemnify Apply For Me from any failure to do so. The Conversion Tracker is provided on an “as-is” and “as-available” basis, and without warranty. Apply For Me disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of the Conversion Tracker.

2. Cancellation

Unless otherwise stated in an Insertion Order or other agreement to advertise with Apply For Me, you may independently cancel online any advertisement at any time (such cancellation is generally effective within 24 hours). Apply For Me may immediately cancel the Program or these IAP Terms at any time upon notice. Apply For Me may modify the Program or these IAP Terms at any time without liability and your use of the Program after notice that these IAP Terms 
have changed indicates acceptance of the updated IAP Terms. Sections 1, 3, 4, 5 and 6 will survive any expiration or termination of these IAP Terms.

3. Prohibited Uses

You shall not, and shall not authorize any party to: (a) generate automated, fraudulent or otherwise invalid impressions or clicks; or (b) advertise anything illegal or engage in any illegal or fraudulent business practice in any state or country where your advertisement is displayed. You represent and warrant that (x) all your information is correct and current; (y) you hold and grant Apply For Me and Publishers all rights to copy, distribute and display Creative (“Use”); and (z) such Use and websites linked from your Jobs Ads (including Your Services therein) will not violate or encourage violation of any applicable laws. Violation of these policies may result in immediate termination of these IAP Terms or your account without notice, and may subject you to legal penalties and consequences. Apply For Me or Publishers may reject or remove any Job Ad, and Apply For Me may disable any Employer’s account, for any or no reason without notice. Although Apply For Me may indicate why a job or account has been removed or disabled, we cannot give every reason why a job or a company may be removed, and we always retain the right to remove any job, organic or sponsored, if we feel it is in our interest or our users’ interest. For examples of why Apply For Me may reject such Job Ads from Employers, refer to Apply For Me’s Search Quality Policies, which are provided by way of illustration and are not exhaustive. By submitting your Job Ad to Apply For Me, you agree that Apply For Me is under no obligation to accept, host, or publish your Job Ad. That decision is entirely Apply For Me’s in its sole discretion.  The Apply For Me team responsible for maintaining the quality of the Site is independent, and its decisions are final and not subject to review. Apply For Me may require some Job Ads to be sponsored in order to verify the legitimacy of the Job Ad and/or the Employer, to prevent abuse of the free to post system, to improve our services, or for any other reason in Apply For Me’s sole discretion. Apply For Me may also limit the number of free Job Ads you are allowed to post at a given time in Apply For Me’s sole discretion. For example, we may require you to sponsor the following types of Job Ads: identical jobs posted in multiple locations, jobs posted with a confidential or generic company name, jobs that are commission only, hard-to-fill jobs, jobs posted by a staffing agency, recruitment process outsourcer, or other recruitment-based company, and any other jobs as determined by Apply For Me. Additionally, Apply For Me may choose not to accept an employer’s XML feed or any Job Ads in an XML feed for any or no reason. If you are a job board as determined by Apply For Me, Apply For Me reserves the right to include or reject any or all of your Job Ads. By submitting Job Ads to Apply For Me, you agree that the determination as to whether you are deemed to be a job board is made by Apply For Me in its sole discretion, and such decision is binding, and you agree that Apply For Me is under no obligation to accept, host, or publish your Job Ad. That decision is entirely Apply For Me’s in its sole discretion. The Apply For Me team responsible for maintaining the quality of the Site is independent, and its decisions are final and not subject to review. For examples of why Apply For Me may stop accepting such Job Ads from job boards, refer to the Job Board Inclusion Guidelines. As a job board, you may only post Job Ads on the Site for your own company; you may not post Job Ads on the Site for your clients and if you do or attempt to do so, Apply For Me reserves the right to disable your account. Apply For Me further reserves the right to reject any Job Ads which advertise staffing opportunities or platforms rather than actual jobs. You acknowledge that inclusion of jobs in violation of these guidelines on the Apply For Me Site may harm Apply For Me and its users. When you create an Apply For Me account, Apply For Me may require that you verify your identity through a third party service.
4. Disclaimer and Limitation of Liability
APPLY FOR ME’S PROVISION OF THE PROGRAM AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE PROGRAM AND YOUR USE THEREOF, APPLY FOR ME AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. Apply For Me and its affiliates, and its and their third-party licensors, disclaim all guarantees regarding positioning or the levels or timing of: (i) costs per click, (ii) click through rates, (iii) delivery of any impressions on any Publisher Property or Apply For Me Property or sections of such properties, (iv) clicks, (v) conversions for any Creative, or (vi) interest in your Job Listing. The aforementioned disclaimers apply regardless of whether a Job Listing appears on desktop or mobile.  CLICKS ARE ANONYMOUS AND APPLY FOR ME HAS NO RESPONSIBILITY FOR CONFIRMING A USER’S IDENTITY. A CLICK ON YOUR JOB LISTING DOES NOT GUARANTEE INTEREST IN SUCH JOB LISTING. EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 6 HEREUNDER, AND FOR ANY BREACH BY YOU OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE IAP TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE IAP TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO APPLY FOR ME BY YOU FOR THE JOB ADS GIVING RISE TO THE CLAIM.

5. Payment

You shall be charged based on click count, regardless of whether you set a total budget. If you are located in the United States, you shall pay all charges in US dollars. Charges are solely based on Apply For Me’s click measurements. Apply For Me’s determination of click count shall be binding. Refunds (if any) are at the absolute discretion of Apply For Me and only in the form of advertising credit for Apply For Me Property. If you are removed from Apply For Me, but have previously spent on Apply For Me, you are not entitled to a refund of previously spent amounts. You acknowledge and agree that any credit card and related billing and payment information that you provide to Apply For Me may be shared by Apply For Me with companies who work on Apply For Me’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Apply For Me and servicing your account. Apply For Me may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Apply For Me shall not be liable for any use or disclosure of such information by such third parties. All withholding tax remittances to the government are your sole responsibility and Apply For Me shall have no liability whatsoever therefor. Invoices may be provided to you via electronic mail. To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any Apply For Me product, Apply For Me reserves the right to suspend or terminate your use of that Apply For Me product as well as any other Apply For Me product, including but not limited to those Apply For Me product where you do not have an unpaid invoice or account balance.

6. Indemnification

You shall indemnify, defend and hold harmless Apply For Me, its agents, affiliates, licensors, and Publishers from any third party claim or liability (including without limitation reasonable legal fees) arising out of your Program use, Creative, site or Your Services, or breach of these IAP Terms.
 
Apply For Me Resume/CV Program Terms
 
 
These Apply For Me Resume Program Terms or Apply For Me CV Program Terms (collectively, “IRP Terms”) form a part of, and are incorporated into, the Apply For Me Terms of Service (the “Agreement”), and apply to any Employer that accesses or uses the Apply For Me Resume Program, or that otherwise indicates its acceptance of these Apply For Me Resume Program Terms.
Any capitalized terms that are used but not defined in these IRP Terms have the meaning set forth in the Agreement.

1. The Program

Use of the Apply For Me Resume Program (“Program”) by an individual who posts his or her resume on the Site (hereinafter, “Resume Owner”) or Employer on or through the Site is subject to all applicable Apply For Me best-practice guidelines, policies and other terms and conditions made available to you, including through the Site, on the subscription purchase page, and on the FAQ and information page(s) for the country you are purchasing a subscription for, any or all of which may be modified at any time. Purchasing additional subscriptions or modifying subscriptions may reset the monthly billing date for subscriptions associated with your account, resulting in pro rata charges to account for the new date. You shall not use any information obtained from the Site except for internal use in selecting and contacting Resume Owners, through Apply For Me, for purposes of filling your Job Listings. Contact information provided by Apply For Me, including any Relay Service email address, is for your individual use only and may not be shared with any other person. You are expressly forbidden from using any product or system intended to extract the information from a Resume, in order to circumvent the Resume contact system. Use of such system will result in your immediate termination from the Program. In addition, as a feature of the IRP, Apply For Me may send emails to Job Seekers on your behalf indicating that your Job Listing is potentially a match for the Job Seeker’s resume.
IMPORTANT NOTICE : YOU EXPRESSLY AGREE THAT: in purchasing or obtaining access to the Program, you are paying Apply For Me the amount indicated on the Site for the purpose of Apply For Me facilitating your contact with a Resume Owner by sending a message to the email address that the relevant Resume Owner has provided to Apply For Me, or by connecting you via phone call to the number provided by the Resume Owner. Your use of the Program is subject to all Apply For Me Site Rules and policies, including the Apply For Me Privacy Policy and any policies pertaining to Relay Services. Apply For Me does not guarantee that the email address is still in use, that such message will be received, that such message will be read, that such message will be acted upon by any potential Resume Owner, or that any Resume Owner’s resume is valid, accurate or complete in any respect. Apply For Me may return different results for the same resume search query and has full discretion with respect to the resumes or profiles it presents in response to any particular search. In addition, in accord with the Agreement, you expressly agree that Apply For Me does not allow its Resume Contact service to be used in a spam like manner, which Apply For Me defines as sending requests for job positions to persons who are, as indicated by Apply For Me experience and Resume Owner behavior and reaction, unsuited for the role. Apply For Me reserves the right to disable Apply For Me Resume contact service for any user who, in Apply For Me’s sole discretion, violates these IRP Terms, including the foregoing term. We reserve the right to drop any message, including without limitation dropping any message with an .ade, .adp, .bat, .chm, .cmd, .com, .cpl, .exe, .hta, .ins, .isp, .jar, .jse, .lib, .so, .dll, .lnk, .mde, .msc, .msp, .mst, .pif, .scr, .sct, .shb, .sys, .vb, .vbe, .vbs, .vxd, .wsc, .wsf, .wsh, or .zip attachment or any other attachment containing scripts, macros, or other code, or other messages that Apply For Me suspects to be malicious or spam, or for any or no reason. The only acceptable use of the IRP is for you to contact a Resume Owner through Apply For Me regarding a Job Listing or potential employment. No other uses of the IRP are permitted. Scraping the Apply For Me Resume database or using the Apply For Me Resume database for any other purpose except as allowed will result in legal action being taken against you. Additionally, if you are a competitor of Apply For Me (including but not limited to any job aggregation website or any job posting websites) you may not use the Apply For Me Resume database to contact a Resume Owner for the purpose of sending them a job offer from your clients, and any such competitive use of the Apply For Me Resume database may result in Apply For Me blocking you from the Site, blocking you from contacting Apply For Me Resume Owners, and blocking your contact emails to those resume owners without notice and you consent to the same. Each Resume subscription is solely for the individual use of the person to whom it is assigned, and may not be shared with other users.

In the event phone numbers are provided by the Job Seeker in the resume, Apply For Me does not guarantee their validity and can not confirm whether such numbers are landlines or cell phones. You agree to call Job Seekers regarding relevant job opportunities only. It is your sole responsibility to comply with all TCPA guidelines, including laws against automated telephone dialing systems.

Information contained in Job Seeker resumes is self-reported by Job Seekers and is not verified by Apply For Me. Any filtering, sorting, or ranking tools available to you as part of the Resume program rely on this self-reported information. The appearance of a given Job Seeker’s resume in search results is not a guarantee that the Job Seeker has the attributes or experience you have selected.

2. Cancellation

Once you have requested that Apply For Me contact a Resume Owner, you may not revoke such request. Cancellation of your use of the IRP shall be in accordance with any cancellation policies listed on the Site.

3. Your Information

You represent and warrant that all information you provide to Apply For Me is correct and current. You represent to Apply For Me that you are an Employer interested in considering the Resume Owner as a potential employee.

4. Disclaimer and Limitation of Liability

APPLY FOR ME’S PROVISION OF THE PROGRAM AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE PROGRAM AND YOUR USE THEREOF, APPLY FOR ME AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT ANY EMAIL ADDRESS THAT HAS BEEN PROVIDED TO APPLY FOR ME IS VALID, THAT ANY EMAIL SENT BY APPLY FOR ME AT YOUR REQUEST WILL REACH THE INTENDED RECIPIENT, THAT ANY INTENDED RECIPIENT OF ANY SUCH EMAIL WILL READ SUCH EMAIL, OR THAT ANY SUCH INTENDED RECIPIENT WILL ACT UPON SUCH EMAIL. APPLY FOR ME AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL OTHER WARRANTIES INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE.

EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 6 HEREUNDER AND FOR ANY BREACH BY YOU OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE IRP TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE IRP TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO APPLY FOR ME BY YOU FOR THE APPLY FOR ME RESUME SERVICE GIVING RISE TO THE CLAIM.

5. Payment

You shall be charged if, and as, indicated by the Site. Upon your request, Apply For Me may in its sole discretion pause your subscription and associated cost, and upon Apply For Me unpausing the subscription, it will continue for the remaining term until it expires and automatically renews. Details regarding the resume subscription plan are available on the Site. If your billing address is in the United States, you shall pay all charges in US Dollars. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODIC ALLOTMENTS UNDER THE APPLICABLE RESUME SUBSCRIPTION PLAN. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. Refunds (if any) are at the absolute discretion of Apply For Me and only in the form of credit for Apply For Me services. You acknowledge and agree that any credit card and related billing and payment information that you provide to Apply For Me may be shared by Apply For Me with companies who work on Apply For Me’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Apply For Me and servicing your account. Apply For Me may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Apply For Me shall not be liable for any use or disclosure of such information by such third parties. All withholding tax remittances to the government are your sole responsibility and Apply For Me shall have no liability whatsoever therefore. Invoices may be provided to you via electronic mail, unless otherwise specified by Apply For Me. If you purchase a subscription plan, you acknowledge and agree that your subscription will automatically renew and Apply For Me will charge you on a recurring basis until you cancel your subscription plan and such cancellation goes into effect, which may not be until the next billing cycle. Pausing your subscription does not cancel it. Your subscription will continue to automatically renew after being unpaused. The applicable billing cycle (e.g. monthly or annual, etc.) will depend upon the terms agreed upon.

6. Indemnification

You shall indemnify, defend and hold harmless Apply For Me, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any contact you have with the recipient (or intended recipient), any email you request to be sent pursuant to these IRP Terms, or any phone call or text message you make to a recipient.
 
Apply For Me Personality Assessments Terms
 
 
These Apply For Me Assessments Terms (“IA Terms”) form a part of, and are incorporated into, the Apply For Me Terms of Service (the “Agreement”). By using Apply For Me Assessments as an Employer in any way, or by registering as an Employer on Apply For Me Assessments, you agree to these Apply For Me Assessments Terms and the Apply For Me Terms of Service. Any capitalized terms that are used but not defined in these IA Terms have the meaning set forth in the Agreement.

1. Introduction

Apply For Me Assessments is an online tool for the provision and review of skills assessments selected by Apply For Me (“Assessments”) and responses from Job Seekers (“Responses”) through the Site.

2. Assessments

You agree that any Assessment sent by Apply For Me to a Job Seeker is done so at your sole request, and you represent and warrant that you have that Job Seeker’s consent for Apply For Me to contact that Job Seeker for the purpose of transmitting the Assessment(s) you have selected. You also acknowledge that once you have requested that Apply For Me transmit your Assessment to a Job Seeker, that request cannot be canceled. Apply For Me does not guarantee that any Job Seeker will receive, access, read or respond to any Assessment, or that there will be no mistakes in the transmission of the data. However, Apply For Me may alert you when any of the above events occur.

You agree you have made the determination to use Apply For Me Assessments as part of your application process, and that the types of questions asked in any Assessment or bundle of Assessments you send to a Job Seeker are solely being asked by you and are not being asked by Apply For Me. You agree you are solely responsible for the use of Assessments and Responses in compliance with the law, including the Fair Credit Reporting Act and similar state statutes. You are solely responsible for your use of Apply For Me Assessments, including without limitation any results which are considered to have a “disparate impact.” You further agree that you are solely responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any other equivalent state act. You acknowledge that Apply For Me may, but is not obligated to, provide a means by which Job Seekers may request such an alternative method or other accommodation from you. While Apply For Me is guided by WCAG 2.1, Level AA in our efforts to design and develop accessible offerings, as outlined in the accessibility statement, Apply For Me does not warrant that the method of delivery of any Assessment question is compliant with the Americans with Disabilities Act or any equivalent or similar law.

You are the sole party to determine which Assessment to send to any Job Seeker. You agree that an Assessment is only designed to evaluate a particular skill. It does not evaluate a Job Seeker’s qualification for any job nor their ability to safely perform a job. Whether a particular skill is relevant to a job, or whether a Job Seeker is qualified or appropriate for a job, is decided solely by you. Apply For Me reserves the right to change any Assessment or the questions asked within an Assessment at any time, for any or no reason, including but not limited to quality control.

Sending an Assessment to a Job Seeker does not guarantee a Response or any further communication or action by any job Seeker. You consent to your Assessment and any other communications sent through Apply For Me Assessments being processed and analyzed by Apply For Me according to this Agreement and Apply For Me’s Privacy Policy.

4. Rules For Using Apply For Me Assessments

As an Employer, you represent and warrant that you shall not access or use Apply For Me Assessments for any directly or indirectly illegal, discriminatory, or fraudulent purpose. You shall not create or send any Assessment which is directly or indirectly illegal, discriminatory, fraudulent, 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 shall not create or send any Assessment containing proprietary information, trade secrets, confidential information, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing).

Apply For Me Assessments is not a tool to ask for sensitive personal data from Job Seekers. Employers may not create or send any Assessment which seeks highly confidential personal information from Job Seekers, such as bank account or credit card information, online account information, social security numbers (or similar counterparts outside the United States of America), health information, or other categories of personal data subject to data breach notification requirements in any country. 

An Employer who receives an accommodation request through Apply For Me Assessments must provide an accommodation to the extent required by applicable law, and further must provide evidence of compliance to Apply For Me immediately upon request. Any failure to fulfill these obligations is a material breach of this Agreement and Apply For Me may immediately terminate your account and your access to Apply For Me Assessments with no further obligation to you. You agree to defend and indemnify Apply For Me from any claims arising from your failure to comply with this section.
You understand and agree that Apply For Me does not have any obligation to screen any Assessment or Response, or to publish any Assessment or Response on the Site, and may exclude or remove any Assessment or Response from the Site for any or no reason without liability or notice.

5. Apply For Me’s Role

Apply For Me does not act as an employment agency by offering the Apply For Me Assessments tool. By using Apply For Me Assessments, you acknowledge and agree that Apply For Me is not procuring employees for Employers or procuring opportunities to work for Job Seekers. Apply For Me merely provides a tool enabling Employers and Job Seekers to exchange Assessments and Responses as they determine. The sole responsibility for the content of any Assessment or Response, any requests for interviews or offers made, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of Apply For Me Assessments, is solely with Employers or Job Seekers as applicable.

Apply For Me cannot confirm the information submitted by anyJob Seeker, or other user, including the identity of any user. Apply For Me does not inquire into the backgrounds of Job Seekers or attempt to verify the statements of Job Seekers. You are responsible for conducting any background checks, reference checks, or other due diligence that you may require before making an offer of employment to a Job Seeker. You are responsible for complying with all laws and regulations relating to the intended employment of any Job Seeker. Further, for any skill area in which formal licenses or certifications may exist, Assessments do not act as a substitute for such license or certification and do not speak to whether a Job Seeker is qualified for or has such a license or certification. It is the Employer’s sole responsibility to determine what licenses or certifications are required for their job and whether a Job Seeker has such license or certification. Apply For Me also makes no statement as to whether a particular skill is necessary for a job and it is an Employer’s sole responsibility to make such a determination (or seek appropriate legal counsel to do so), in accordance with the EEOC regulations or other applicable laws.

Apply For Me is not a party to, third party beneficiary of, or liable for, any agreements, offers, or promises between an Employer and Job Seeker, regardless of whether Apply For Me receives a fee from the Employer in connection with the transaction. Apply For Me will not be liable for any costs or damages arising out of or related to such transaction.

Apply For Me assumes no responsibility, and disclaims all liability, for the content, accuracy, validity, completeness, legality, reliability, or availability of the Site, the Apply For Me Assessments tool, and any Assessment or Response.

6. Fees

Apply For Me Assessments is currently free for Employers. Apply For Me may, in its sole discretion and at any time, end Employers’ free use of Apply For Me Assessments and begin to charge Employers to use Apply For Me Assessments as a standalone product or in conjunction with an Employer’s use of any other Apply For Me product.

7. Confidentiality

You agree to keep all information gained from using Apply For Me Assessments confidential. You agree that (1) you will use any content submitted by Job Seekers only in accordance with applicable privacy and data protection laws; (2) you will not disclose the names or identities or share the profile of any Job Seekers outside of your recruiting or hiring department; and (3) you will take appropriate physical, technical and administrative measures to protect content you obtain through use of Apply For Me Assessments from loss, misuse, unauthorized access, disclosure, alteration or destruction.

8. Disclaimer and Limitation of Liability

APPLY FOR ME ASSESSMENTS AND ALL MATERIALS, INFORMATION, ASSESSMENTS, RESPONSES, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH APPLY FOR ME ASSESSMENTS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED.  APPLY FOR ME EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT ANY ASSESSMENT OR RESPONSE THAT HAS BEEN PROVIDED TO APPLY FOR ME IS VALID OR ACCURATE, THAT ANY COMMUNICATION (INCLUDING WITHOUT LIMITATION ASSESSMENTS AND RESPONSES) WILL REACH THE INTENDED RECIPIENT, THAT THE INTENDED RECIPIENT OF THE COMMUNICATION SENT AT YOUR REQUEST WILL READ IT, OR THAT THE INTENDED RECIPIENT OF YOUR COMMUNICATION WILL ACT UPON IT. APPLY FOR ME EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES INCLUDING WITHOUT LIMITATION NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. APPLY FOR ME DISCLAIMS ANY WARRANTY THAT APPLY FOR ME ASSESSMENTS WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT ALL ERRORS WILL BE CORRECTED.

EXCEPT FOR YOUR BREACH OF SECTION 7 (CONFIDENTIALITY) OR INDEMNIFICATION AMOUNTS PAYABLE HEREUNDER, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO APPLY FOR ME BY YOU.

9. Indemnification

You agree to defend, indemnify and hold harmless Apply For Me 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: (a) your violation of any term of this Agreement; (b) your use of, and access to, Apply For Me Assessments or the Site; (c) your loss of, or disclosure of, information gained from using Apply For Me Assessments or the Site; (d) your violation of any applicable laws or regulations, including but not limited to the Fair Credit Reporting Act, any applicable employment, equality, or discrimination laws, and any applicable data protection or privacy laws; (e) your violation of any third party right, including without limitation any copyright, property, or privacy right; (f) any claim that your content caused damage to a third party; or (g) your actions as an Employer, including without limitation doing or not doing the following: screening, hiring, promoting, or demoting any employee or Job Seeker. You also agree that you have a duty to defend Apply For Me against such claims. You agree that this indemnity extends to requiring you to pay for Apply For Me’s reasonable attorneys’ fees, court costs, settlements and disbursements. This defense and indemnification obligation will survive this Agreement and your use of Apply For Me Assessments.

10. Termination

Apply For Me may suspend Apply For Me Assessments, the Site, your account, or any other provision of tools to you, and we may terminate this Agreement with you, at our sole discretion, at any time, with or without notice. If you wish to terminate this Agreement, you may do so by notifying Apply For Me at any time and closing your account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.  
Apply For Me may suspend Apply For Me Assessments, the Site, your account, or any other provision of tools to you, and we may terminate this Agreement with you, at our sole discretion, at any time, with or without notice. If you wish to terminate this Agreement, you may do so by notifying Apply For Me at any time and closing your account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
 
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