Terms of Service

Below you will find ApplicantPro's terms and conditions and information about our cookie and privacy policies. We know we are giving you a great deal of information. ApplicantPro does this for one reason: we want you to have as much knowledge about what we do for you at ApplicantPro as is possible. We do not want you to wonder about any of our processes or procedures or guess as to what your interaction with ApplicantPro means. We want you to understand it, which is why we must explain it in detail. We urge you to read these terms or any section of interest to you. By using our sites, you are agreeing to proceed under these Terms of Service.

General Terms of Service

Last Updated: November 3, 2023

Introduction to ApplicantPro's Terms of Service

Each time you access or use ApplicantPro's online and/or mobile services and websites, including any ApplicantPro browser extension or plugin, regardless of where it is downloaded from (collectively, the "ApplicantPro Apps"), and any software, service, feature, product, program and element (including e-mail messages, notifications, and other messages) provided by or on behalf of ApplicantPro on or in connection with such services or websites (collectively, the "Site"), including any products, programs, and services described in these Terms of Service, (a) you represent that you have read and understand the Privacy Policy and (b) you are agreeing to the terms and conditions of these Terms of Service (the "Agreement") then in effect with the following entity or entities:

For Job Seekers:

The Site is provided by ApplicantPro, 8610 Sandy Parkway #100, Sandy, UT 84070, USA.

For Employers:

The Site is provided by ApplicantPro, 8610 Sandy Parkway #100, Sandy, UT 84070, USA.

Any references to "ApplicantPro" or "we" in this Agreement shall mean the applicable entity as set forth above.

The Site is made available for use only by individuals searching for employment openings, or services or information related to their personal employment or job search ("Job Seekers"), by individuals and/or organizations seeking information related to hiring or human resources, seeking Job Seekers, or seeking to make available information regarding employment openings, on their behalf or other's behalf, including but not limited to agencies purchasing for multiple parties and employment agencies ("Employers"). ApplicantPro may also act as an employment agency on behalf of Employers who purchase such services, through its affiliates. You acknowledge and agree that your license to use the Site is automatically revoked upon your attempt to use the Site for any other purpose. If you are accessing or using the Site in your capacity as an employee or other representative of an Employer, you are agreeing to this Agreement on behalf of yourself and such Employer, as applicable, and you represent and warrant that you have the authority to bind such Employer, as applicable, to this Agreement. If you are using assistive technology to access the Site and you need help, you can call ApplicantPro at 1-888-633-9269 (United States), or please email us at privacy@applicantpro.com or call us at 888-633-9269. You acknowledge that ApplicantPro owns a copyright in the Site, ApplicantPro Apps, and Services, including in compilations of information available through any of the foregoing.

ApplicantPro may reject, remove, or limit visibility to any User Content (as defined below), and ApplicantPro may disable any account or restrict your ability to use all or parts of the Site, for any or no reason without notice. Although ApplicantPro may indicate why User Content or an account has been removed or disabled, we cannot give every reason why User Content or an account may be removed. We always retain the right to remove any User Content or account if we feel it is in our interest or our Users' interest.

We may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site, on the Site. Any such changes will not apply to any claim brought prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. Your access to or use of the Site following any changes to this Agreement will constitute your acceptance of such changes. The "Last Updated" legends in each section of the terms and conditions indicate when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links); charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users.

This Agreement hereby incorporates by this reference any additional terms and conditions posted by ApplicantPro through the Site, or otherwise made available to you by ApplicantPro. In particular:

If you access or use the ApplicantPro Applicant Tracking System (free and sponsored job postings, targeted ads, or organizing virtual hiring events) you are agreeing to be bound by the ApplicantPro Applicant Tracking System Terms

If you access or use the ApplicantPro Recruitment Marketing Program (seeking candidates for jobs within ApplicantPro Resume/CV database), you are agreeing to be bound by the ApplicantPro Recruitment Marketing Program Terms;

If you access or use the ApplicantPro Assessments (adding assessments into your hiring process), you are agreeing to be bound by the ApplicantPro Assessment Terms;

If you access or use the ApplicantPro Full-Service Hiring, you are agreeing to be bound by the ApplicantPro Full-Service Hiring Terms;

If you access or use the ApplicantPro Job Boards (online interviews and other hiring tools), you are agreeing to be bound by the ApplicantPro Job Boards Terms;

If you access or use the ApplicantPro Video Interviewing service, you are agreeing to be bound by the ApplicantPro Video Interviewing Terms;

If you access or use the ApplicantPro Background Checks, you are agreeing to be bound by the ApplicantPro Background Checks Terms;

If you access or use the ApplicantPro Onboarding, you are agreeing to be bound by the ApplicantPro Onboarding Terms;

If you access or use the ApplicantPro Career Sites, you are agreeing to be bound by the ApplicantPro Career Sites Terms; and
For all other uses of the Site, you are agreeing to be bound by this ApplicantPro General Terms of Service.

For purposes of this Terms of Service, all references to "you" or "your" shall mean you, the individual, the employer or organization accessing this Site in your capacity as a Job Seeker or Employer. As a Job Seeker or Employer, you are permitted to use this Site and its content solely within the Terms specified herein.

1. Introduction

1.1 Acceptance of Terms

Your use of this Site or any of the services mentioned herein (collectively referred to as the "Service") is contingent upon your acceptance and adherence to the following Terms of Service ("Terms"). If you do not agree to abide by these Terms, we ask that you refrain from using the Site or Service. Your use or continued use of the Site and or Service serves conclusively that you consent and commit to these Terms.

2. Service Overview

2.1. Description of Service

This Agreement and these Terms hereby incorporates by this reference any additional terms and conditions posted by ApplicantPro through the Site, herein, or otherwise made available to you by ApplicantPro.

2.2. Access and Use

You must create an account to access and use the Service. You are responsible for maintaining the confidentiality of your account information.

By creating an account through the ApplicantPro site (the "Site") and choosing to upload personal information and a file resume, you are requesting and authorizing ApplicantPro to make available your resume to the business associated with the job listing. This in no way guarantees you an interview or job and should not be considered an endorsement of your listed qualifications for any job that you may be interested in.

ApplicantPro is not responsible for the appearance of your resume because of the various file types that are used to convert documents to a readable format. ApplicantPro assumes no responsibility and disclaims all liability.

ApplicantPro may share the information you have provided with partners and affiliates for the purposes of providing additional jobs services related to the purpose for which you provided the information. Please see the ApplicantPro Privacy Policy for additional information on how we protect and use your information.

ApplicantPro Applicant Tracking System Terms

These ApplicantPro Applicant Tracking System Terms (the "AATS Terms") form a part of, and are incorporated into, the ApplicantPro Terms of Service (the "Agreement"), and apply to any Employer that accesses or uses the ApplicantPro Applicant Tracking System offering, or that otherwise indicates its acceptance of these AATS Terms. By agreeing to the AATS Terms, you also agree to the ApplicantPro Terms of Service.

Any capitalized terms that are used but not defined in these AATS Terms have the meaning set forth in the Agreement.

Use of the ApplicantPro Applicant Tracking System ("System") by an individual/Job Seeker who posts his or her resume on the Site (hereinafter, "Resume Owner") or Employer on or through the Site is subject to all applicable ApplicantPro best-practice guidelines, policies and other terms and conditions made available to you, including through the Site, on the subscription or plan purchase page, and on the FAQ and information page(s) for the country you are purchasing a subscription or plan for, any or all of which may be modified at any time. You agree and acknowledge that the System pricing and offerings are subject to change. Purchasing additional subscriptions or plans or modifying subscriptions or plans may reset the monthly billing date for subscriptions or plans 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 ApplicantPro, for the purpose of filling your Job Listings. You shall not use the ApplicantPro Applicant Tracking System for any directly or indirectly illegal, discriminatory, or fraudulent purpose. You are solely responsible for your use of the System, including but not limited to, how you search for Job Seekers, who you decide to contact, and any employment related decisions you make. Contact information provided by ApplicantPro, 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 a product or system will result in your immediate termination from the System. In addition, as a feature of the AATS, ApplicantPro may send emails to Resume Owners on your behalf indicating that your Job Listing is potentially a match for their resume. In some circumstances, ApplicantPro may limit the number and/or frequency of times you may contact a Resume Owner through the Site. For example, if you contact a Resume Owner, and the Resume Owner does not express interest or contact you back, you may not be able to contact them again for a period of time.

IMPORTANT NOTICE: YOU EXPRESSLY AGREE THAT: in purchasing or obtaining access to the System, you are paying ApplicantPro the amount indicated on the Site for the purpose of ApplicantPro facilitating your contact with a Resume Owner by sending a message to the email address that the relevant Resume Owner has provided to ApplicantPro, or by connecting you via phone call to the number provided by the Resume Owner. Your use of the System is subject to all ApplicantPro Site Rules and policies, including the ApplicantPro Privacy Policy and any policies pertaining to Relay Services. ApplicantPro does not guarantee that the email address is still in use, that such message will be received, read, or acted upon by any potential Resume Owner, or that any Resume Owner's resume or information thereof is valid, accurate or complete in any respect. ApplicantPro may return different results for the same Applicant Tracking System query and has full discretion with respect to the resumes or profiles it presents in response to any particular search. ApplicantPro does not allow its System, including but not limited to, resume contact service to be used in a spam like manner, and you expressly agree not to use the System service in such manner. ApplicantPro defines "spam like manner" as sending requests for job positions to persons who are, as indicated by ApplicantPro experience and/or Resume Owner behavior and reaction, unsuited for the role or who have indicated that such requests are unwanted. ApplicantPro reserves the right to disable ApplicantPro Applicant Tracking System contact service for any user who, in ApplicantPro's sole discretion, violates these AATS 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 ApplicantPro suspects to be malicious or spam, or for any or no reason. The only acceptable use of the AATS is for you to contact a Resume Owner through ApplicantPro regarding a Job Listing or potential employment. No other uses of the AATS are permitted. Scraping or data mining the ApplicantPro Applicant Tracking System database, which may include any Job Seeker Resume, or using the ApplicantPro Applicant Tracking System database for any other purpose except as allowed will result in legal action being taken against you. We may in our sole discretion place limits on your ability to run searches using Applicant Tracking System if we suspect that your use may adversely affect ApplicantPro's system, you are using the Applicant Tracking System in a malicious or objectionable manner, or you have violated this Agreement. Additionally, if you are a competitor of ApplicantPro (including but not limited to any job aggregation website or any job posting websites) you may not use the ApplicantPro Applicant Tracking System 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 ApplicantPro Applicant Tracking System database may result in ApplicantPro blocking you from the Site, blocking you from contacting Resume Owners, and blocking your contact emails to those Resume Owners without notice and you consent to the same. ApplicantPro may limit the number of devices each account is logged into. Each Resume subscription or plan 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 Resume Owner in the resume, ApplicantPro does not guarantee their validity and cannot confirm whether such numbers are landlines or cell phones. You agree to call Resume Owner regarding relevant job opportunities only. It is your sole responsibility to comply with all TCPA guidelines, as well as other laws against automated telephone dialing systems or laws governing phone or mobile communications in your applicable jurisdiction.

Information contained in Resume Owner resumes is self-reported by Job Seekers, may be outdated or inaccurate, and is not verified by ApplicantPro. Any filtering, sorting, matching, or ranking tools available to you as part of the Applicant Tracking System rely on this Job Seeker-provided information and/or information you provide to ApplicantPro about your job requirements or preferences. The appearance of a given Job Seeker's resume in search results or as a match is not a guarantee that the Resume Owner has the attributes or experience you have selected or that they would be interested in a job. When you use the System, ApplicantPro does not guarantee that you will see desirable, or any, search results in response to each query or that you will see desirable, or any, daily matches. You are solely responsible for determining or verifying any Resume Owner provided information, including whether a Resume Owner / Job Seeker has a certain license, certification, or security clearance. In a product on the Site, you may see a verification of a Job Seeker's skills, certifications, or other qualifications. ApplicantPro does not guarantee the accuracy of such verifications or information, and you are solely responsible for verifying information on the Site.

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

ApplicantPro reserves the right to cancel any subscription at any time and for any or no reason. ApplicantPro may immediately cancel, update or modify the System or these AATS Terms in our sole discretion at any time without liability and your use of the System after notice that the System or these AATS Terms have changed indicates acceptance of the updated AATS Terms. All Sections of these Terms will survive any expiration or termination of these AATS Terms.

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

APPLICANTPRO'S PROVISION OF THE SYSTEM AND THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITH RESPECT TO THE SYSTEM AND YOUR USE THEREOF, APPLICANTPRO 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 APPLICANTPRO IS VALID, THAT ANY EMAIL SENT BY APPLICANTPRO 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. FURTHER, APPLICANTPRO AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT ANY RESUME IS AVAILABLE OR VIEWABLE AT ANY PARTICULAR TIME, OR THAT ANY RESUME DESCRIBES AN APPLICANT'S SKILLS, QUALIFICATIONS, OR ABILITIES. APPLICANTPRO AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL OTHER WARRANTIES INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, TITLE, SERVICE QUALITY, MERCHANTABILITY, AND FITNESS FOR ANY PURPOSE. YOU USE APPLICANTPRO, THE SITE, AND THE SYSTEM AT YOUR OWN RISK. APPLICANTPRO DOES NOT GUARANTEE THAT THE SITE OR SYSTEM WILL ALWAYS BE ERROR FREE, SAFE, OR SECURE.

EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO THIS SECTION HEREUNDER AND FOR ANY BREACH BY YOU OF THIS SECTION, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE AATS 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 AATS TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO APPLICANTPRO BY YOU FOR THE APPLICANTPRO APPLICANT TRACKING SYSTEM SERVICE GIVING RISE TO THE CLAIM.

You shall be charged if, and as, indicated by the Site. Upon your request, ApplicantPro may in its sole discretion pause your subscription or plan and associated cost, and upon ApplicantPro unpausing the subscription or plan, 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 may only pay all charges in US Dollars. Charges are exclusive of taxes, including VAT. You are responsible for all taxes as applicable and appropriate. You are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and attorney fees ApplicantPro incurs collecting late amounts. You waive all claims relating to charges unless claimed within 120 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 OR 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 ApplicantPro and only in the form of credit for ApplicantPro services. You acknowledge and agree that any credit card, bank account, and related billing and payment information that you provide to ApplicantPro may be shared by ApplicantPro with companies who work on ApplicantPro's behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to ApplicantPro and servicing your account. ApplicantPro may also provide information in response to valid legal processes, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. ApplicantPro 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 ApplicantPro shall have no liability whatsoever, therefore. Invoices may be provided to you via electronic mail, unless otherwise specified by ApplicantPro. If you purchase a subscription or plan, you acknowledge and agree that your subscription or plan will automatically renew and ApplicantPro will charge you on a recurring basis until you cancel your subscription or plan and such cancellation goes into effect, which may not be until the next billing cycle. Pausing your subscription or plan 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.

You shall indemnify, defend and hold harmless ApplicantPro, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of your use of the System, including but not limited to, how you conduct the search, any contact you have with the recipient (or intended recipient), any email you request to be sent pursuant to these AATS Terms, any phone call or text message you make to a recipient, and activities of any third party service provider you engage to facilitate your sourcing activities through the System, such as our Applicant Tracking System (AATS).

ApplicantPro Resume Marketing, Assessments, Job Boards and Career Sites, Career Sites and Background Checks are all part of our AATS is an online tool.

You agree that any use of the above services will bind you to the terms of AATS. AATS is used by Employers to source and track a Job Seeker and is done so at your sole request, and you represent and warrant that you have that Job Seeker's consent for ApplicantPro to contact that Job Seeker for the purpose of tracking the Job Seeker you have selected. You also acknowledge that once you have used any of the selected services through the AATS to track a Job Seeker, that request cannot be canceled. ApplicantPro does not guarantee that any Job Seeker will receive, access, read or respond to you, or that there will be no mistakes in the transmission of the data. However, ApplicantPro may alert you when any of the above events occur.

You agree you have made the determination to use ApplicantPro 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 ApplicantPro. Except for third party Assessments, ApplicantPro offers Assessments solely in its capacity as a developer and publisher. 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 ApplicantPro 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 or similar law. You acknowledge that ApplicantPro 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 ApplicantPro is guided by WCAG 2.1, Level AA in our efforts to design and develop accessible offerings, as outlined in the accessibility statement, each disability is unique and ApplicantPro 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 knowledge, skill, or ability. 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. You agree to use an Assessment in combination with other selection and hiring processes, and not as the sole measure of any candidate's fitness for a job. You agree to use an Assessment to measure only those knowledge, skills or abilities and/or other characteristics that are 1) job-related and 2) required for a candidate's first day on the job. ApplicantPro 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 ApplicantPro Assessments being processed and analyzed by ApplicantPro according to this Agreement and ApplicantPro's Privacy Policy.

You understand that Job Seekers provide a Response to an Assessment at their sole discretion. After a Job Seeker has provided a Response, You will be able to use the ApplicantPro Assessments platform to review the Response. In the case of a third-party Assessment, you may only be able to view limited information, such as a link to the final result of the Assessment. A Job Seeker may also have the option to select an Assessment and associate the Response with their ApplicantPro Profile, which will be visible to Employers in accordance with our Terms. If there are multiple versions of the same Assessment, the Response percentile for any Job Seeker will be determined only in relation to other Responses to the same version of that Assessment. Assessments created, published, or administered by third parties other than ApplicantPro are scored in accordance with the scoring rubrics as determined solely by such third parties.

As an Employer you are the sole party to determine whether a Response, including but not limited to a result, indicates a qualified Job Seeker. You may instruct ApplicantPro to send out rejection notices if the Job Seeker has not responded to Assessments in a manner acceptable to you, and you acknowledge that ApplicantPro has no discretion in the transmission of these rejections. As the employer, you are the sole party to determine whether to offer a Job Seeker the opportunity to retake any Assessment that you sent or update or modify their Response.

You acknowledge and agree that Responses are only provided on the condition that you use them responsibly and legally as part of your hiring process, which includes considering any other relevant information about the Job Seeker. ApplicantPro may display excerpts from or summaries of Responses in other products such as ApplicantPro Resume. These summaries are for convenience only and are not to be used in lieu of the full Response in context. You agree not to rely solely on such excerpts or summaries when making a hiring decision regarding any Job Seeker.

As an Employer, you represent and warrant that you shall not access or use ApplicantPro 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).

ApplicantPro 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 ApplicantPro Assessments must provide accommodation to the extent required by applicable law, and further must provide evidence of compliance to ApplicantPro immediately upon request. Any failure to fulfill these obligations is a material breach of this Agreement and ApplicantPro may immediately terminate your account and your access to ApplicantPro Assessments with no further obligation to you. You agree to defend and indemnify ApplicantPro from any claims arising from your failure to comply with this section.

You understand and agree that ApplicantPro 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.

ApplicantPro does not act as an employment agency by offering the ApplicantPro Assessments tool. By using ApplicantPro Assessments, you acknowledge and agree that ApplicantPro is not procuring employees for Employers or procuring opportunities to work for Job Seekers. ApplicantPro 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 decision to proceed or not to proceed with interviews or offers, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of ApplicantPro Assessments, is solely with Employers or Job Seekers as applicable.

ApplicantPro cannot confirm the information submitted by any Job Seeker, or other user, including the identity of any user. ApplicantPro 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. ApplicantPro 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.

ApplicantPro 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 ApplicantPro receives a fee from the Employer in connection with the transaction. ApplicantPro will not be liable for any costs or damages arising out of or related to such transaction.

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

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

You agree to keep all information gained from using ApplicantPro 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 ApplicantPro Assessments from loss, misuse, unauthorized access, disclosure, alteration or destruction.

APPLICANTPRO ASSESSMENTS AND ALL MATERIALS, INFORMATION, ASSESSMENTS, RESPONSES, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH APPLICANTPRO ASSESSMENTS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. APPLICANTPRO EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT ANY ASSESSMENT OR RESPONSE, INCLUDING BUT NOT LIMITED TO A RESULT, THAT HAS BEEN PROVIDED TO APPLICANTPRO IS VALID OR ACCURATE, THAT ANY ASSESSMENT OR RESPONSE ACCURATELY OR COMPREHENSIVELY EVALUATES A PARTICULAR SKILL OR IS RELATED TO ANY JOB REQUIREMENT, 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. APPLICANTPRO EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES INCLUDING WITHOUT LIMITATION NONINFRINGEMENT, TITLE, SERVICE QUALITY, MERCHANTABILITY, AND FITNESS FOR ANY PURPOSE. APPLICANTPRO DISCLAIMS ANY WARRANTY THAT APPLICANTPRO ASSESSMENTS WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT ALL ERRORS WILL BE CORRECTED. YOU USE APPLICANTPRO, THE SITE, AND APPLICANTPRO ASSESSMENTS AT YOUR OWN RISK. APPLICANTPRO DOES NOT GUARANTEE THAT THE SITE OR APPLICANTPRO ASSESSMENTS WILL ALWAYS BE ERROR FREE, SAFE, OR SECURE.

EXCEPT FOR YOUR BREACH OF THIS SECTION (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 APPLICANTPRO BY YOU.

You agree to defend, indemnify and hold harmless ApplicantPro 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, ApplicantPro Assessments or the Site; (c) your loss of, or disclosure of, information gained from using ApplicantPro 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 (this includes any claims that ApplicantPro as your agent violated any such 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; (g) your decision to add, create, or use an Assessment, including, but not limited to, a hiring event, scheduled interview, or as part of a job application; or (h) 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 ApplicantPro against such claims. You agree that this indemnity extends to requiring you to pay for ApplicantPro's reasonable attorneys' fees, court costs, settlements and disbursements. This defense and indemnification obligation will survive this Agreement and your use of ApplicantPro Assessments.

ApplicantPro may suspend ApplicantPro 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 ApplicantPro 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.

ApplicantPro Resume Marketing, Assessments, Job Boards and Career Sites, and Background Checks are all part of our AATS is an online tool.

Job Boards and Career Sites are created and provided by third parties over whom ApplicantPro exercises no control; you acknowledge and understand that ApplicantPro has no control over the content of Job Boards and Career Sites, links to or from Job Boards and Career Sites, or any conditions third parties might impose once a Job Seeker has submitted an application or left the Site. For example, some of these third parties may attempt to charge Job Seekers a fee to apply to a particular job, although ApplicantPro endeavors not to make such Job Boards and Career Sites available on the Site. If you leave the ApplicantPro Site and choose to enter a third-party website, you accept any terms and conditions imposed by that third-party. Except for sponsored, featured or paid placements, the Job Boards and Career Sites contained on, or linked from, the Site are indexed or posted in an automated manner. ApplicantPro has no obligation to screen any Job Boards and Career Sites, or to include any Job Boards and Career Sites, in its search results or other listings, and may exclude or remove any Job Boards and Career Sites from the Site or your search result without any obligation to provide reasoning for removal or exclusion. You understand and agree that ApplicantPro has no obligation to present you with any or all Job Boards and Career Sites. We cannot confirm the accuracy or completeness of any Job Ad or other information submitted by any Employer or other user, including the identity of such Employer or other user. ApplicantPro assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Job Boards and Career Sites, or other information submitted by any Employer or other user.

When you initiate a job application on a website operated by an Employer or its applicant tracking system, ApplicantPro may collect certain information about you and any actions taken by you during your visit using automated means, such as via Application System Interfaces (API), cookies and web beacons. The information collected includes, for example, information about job listings you viewed and job applications you started and completed. An Employer who uses tracker functionality is required under this Agreement to provide any notice, and obtain any prior consent, that may be required by applicable law. However, you acknowledge and agree that ApplicantPro has no control over such an Employer or its website. You agree to ApplicantPro's use of, and receipt of information from, any such tracker functionality.

ApplicantPro may provide independent functionality to assist you. For example, ApplicantPro may provide search options to help you narrow down Job Boards and Career Sites search results by job type categories (i.e. full-time, part-time, etc.), and such categories are created independently and entirely by ApplicantPro, and may not directly or accurately reflect the content of the Job Boards and Career Sites. ApplicantPro may reformat Job Listings so that you may read them more clearly on a mobile phone. ApplicantPro may also promote Job Boards and Career Sites by select Employers on certain pages or websites dedicated to a specific topic, such as inclusive hiring, or military-friendly job posts. The placement of a Job Ad on a dedicated page or website is not a representation regarding the nature of the role for legal purposes (for example gig economy postings are not necessarily limited to contractor status jobs and may also include engagements for employment relationships) or a representation regarding the attributes of an Employer. ApplicantPro does not guarantee that applying to jobs through a dedicated page or website will lead to a better job application experience, a job interview, or a job offer. The dedicated pages or website do not contain an exhaustive list of Job Boards and Career Sites, and no inferences can be drawn with respect to Job Boards and Career Sites or Employers that are not displayed on dedicated pages. ApplicantPro may also provide functionality to call a telephone number contained in a Job Ad using the phone app on a mobile device. ApplicantPro cannot guarantee that the extracted phone number is the correct phone number for the Employer or for the Job Ad you are viewing.

ApplicantPro Resume Marketing, Assessments, Job Boards and Career Sites, Career Sites and Background Checks are all part of our AATS is an online tool.

ApplicantPro Background Checks is an online tool for the provision and review of Background Checks which are selected by Employers ("Background Checks") in order to request responses from Job Seekers ("Responses") through the Site. "Background Checks" include any Background Checks offered or published by ApplicantPro and/or third-party Background Checks providers that you may choose to send to a Job Seeker through ApplicantPro.

You agree that any Background Checks sent by ApplicantPro 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 ApplicantPro to contact that Job Seeker for the purpose of transmitting the Background Checks(s) you have selected. You also acknowledge that once you have requested that ApplicantPro transmit your Background Checks to a Job Seeker, that request cannot be canceled. ApplicantPro does not guarantee that any Job Seeker will receive, access, read or respond to any Background Checks, or that there will be no mistakes in the transmission of the data. However, ApplicantPro may alert you when any of the above events occur.

You agree you have made the determination to use ApplicantPro Background Checks as part of your application process, and that the types of questions asked in any Background Checks or bundle of Background Checks you send to a Job Seeker are solely being asked by you and are not being asked by ApplicantPro. Except for third party Background Checks, ApplicantPro offers Background Checks solely in its capacity as a developer and publisher. You agree you are solely responsible for the use of Background Checks 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 ApplicantPro Background Checks, 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 or similar law. You acknowledge that ApplicantPro 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 ApplicantPro is guided by WCAG 2.1, Level AA in our efforts to design and develop accessible offerings, as outlined in the accessibility statement, each disability is unique and ApplicantPro does not warrant that the method of delivery of any Background Checks question is compliant with the Americans with Disabilities Act or any equivalent or similar law.

You are the sole party to determine which Background Checks to send to any Job Seeker. You agree that an Background Checks is only designed to evaluate a particular knowledge, skill, or ability. 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. You agree to use an Background Checks in combination with other selection and hiring processes, and not as the sole measure of any candidate's fitness for a job. You agree to use an Background Checks to measure only those knowledge, skills or abilities and/or other characteristics that are 1) job-related and 2) required for a candidate's first day on the job. ApplicantPro reserves the right to change any Background Checks or the questions asked within an Background Checks at any time, for any or no reason, including but not limited to quality control.

Sending a Background Checks to a Job Seeker does not guarantee a Response or any further communication or action by any Job Seeker. You consent to your Background Checks and any other communications sent through ApplicantPro Background Checks being processed and analyzed by ApplicantPro according to this Agreement and ApplicantPro's Privacy Policy.

You understand that Job Seekers provide a Response to a Background Checks at their sole discretion. After a Job Seeker has provided a Response, You will be able to use the ApplicantPro Background Checks platform to review the Response. In the case of a third party Background Checks, you may only be able to view limited information, such as a link to the final result of the Background Checks. A Job Seeker may also have the option to select an Background Checks and associate the Response with their ApplicantPro Profile, which will be visible to Employers in accordance with our Terms. If there are multiple versions of the same Background Checks, the Response percentile for any Job Seeker will be determined only in relation to other Responses to the same version of that Background Checks. Background Checks created, published, or administered by third parties other than ApplicantPro are scored in accordance with the scoring rubrics as determined solely by such third parties.

As an Employer you are the sole party to determine whether a Response, including but not limited to a result, indicates a qualified Job Seeker. You may instruct ApplicantPro to send out rejection notices if the Job Seeker has not responded to Background Checks in a manner acceptable to you, and you acknowledge that ApplicantPro has no discretion in the transmission of these rejections. As the employer, you are the sole party to determine whether to offer a Job Seeker the opportunity to retake any Background Checks that you sent or update or modify their Response.

As an Employer, you represent and warrant that you shall not access or use ApplicantPro Background Checks for any directly or indirectly illegal, discriminatory, or fraudulent purpose. You shall not create or send any Background Checks 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 Background Checks 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).

ApplicantPro Background Checks is not a tool to ask for sensitive personal data from Job Seekers. Employers may not create or send any Background Checks 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.

Any failure to fulfill these obligations is a material breach of this Agreement and ApplicantPro may immediately terminate your account and your access to ApplicantPro Background Checks with no further obligation to you. You agree to defend and indemnify ApplicantPro from any claims arising from your failure to comply with this section.

You understand and agree that ApplicantPro does not have any obligation to screen any Background Checks or Response, or to make available any Background Checks or Response to you and may exclude or remove any Background Checks or Response from you for any or no reason without liability or notice.

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

ApplicantPro cannot confirm the information submitted by any Job Seeker, or other user, including the identity of any user. ApplicantPro 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, Background Checks 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. ApplicantPro 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.

ApplicantPro Background Checks are an add-on service for Employers. ApplicantPro may, in its sole discretion and at any time, end Employers' use of ApplicantPro Background Checks and to charge Employers to use ApplicantPro Background Checks as a standalone product or in conjunction with an Employer's use of any other ApplicantPro product.

You agree to keep all information gained from using ApplicantPro Background Checks 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 ApplicantPro Background Checks from loss, misuse, unauthorized access, disclosure, alteration or destruction.

APPLICANTPRO BACKGROUND CHECKS AND ALL MATERIALS, INFORMATION, BACKGROUND CHECKS, RESPONSES, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH APPLICANTPRO BACKGROUND CHECKS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. APPLICANTPRO EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT ANY BACKGROUND CHECKS OR RESPONSE, INCLUDING BUT NOT LIMITED TO A RESULT, THAT HAS BEEN PROVIDED TO APPLICANTPRO IS VALID OR ACCURATE, THAT ANY BACKGROUND CHECKS OR RESPONSE ACCURATELY OR COMPREHENSIVELY EVALUATES A PARTICULAR SKILL OR IS RELATED TO ANY JOB REQUIREMENT, THAT ANY COMMUNICATION (INCLUDING WITHOUT LIMITATION BACKGROUND CHECKS 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. APPLICANTPRO EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES INCLUDING WITHOUT LIMITATION NONINFRINGEMENT, TITLE, SERVICE QUALITY, MERCHANTABILITY, AND FITNESS FOR ANY PURPOSE. APPLICANTPRO DISCLAIMS ANY WARRANTY THAT APPLICANTPRO BACKGROUND CHECKS WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT ALL ERRORS WILL BE CORRECTED. YOU USE APPLICANTPRO, THE SITE, AND APPLICANTPRO BACKGROUND CHECKS AT YOUR OWN RISK. APPLICANTPRO DOES NOT GUARANTEE THAT THE SITE OR APPLICANTPRO BACKGROUND CHECKS WILL ALWAYS BE ERROR FREE, SAFE, OR SECURE.

You agree to defend, indemnify and hold harmless ApplicantPro 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, ApplicantPro Background Checks or the Site; (c) your loss of, or disclosure of, information gained from using ApplicantPro Background Checks 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 (this includes any claims that ApplicantPro as your agent violated any such 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; (g) your decision to add, create, or use an Background Checks, including, but not limited to, a hiring event, scheduled interview, or as part of a job application; or (h) 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 ApplicantPro against such claims. You agree that this indemnity extends to requiring you to pay for ApplicantPro's reasonable attorneys' fees, court costs, settlements and disbursements. This defense and indemnification obligation will survive this Agreement and your use of ApplicantPro Background Checks.

ApplicantPro may suspend ApplicantPro Background Checks, 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 ApplicantPro 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.

ApplicantPro Recruitment Marketing Program Terms

These ApplicantPro Recruitment Marketing Program Terms (the "ARMP Terms") form a part of, and are incorporated into, the ApplicantPro Terms of Service (the "Agreement"), and apply to any Employer that accesses or uses the ApplicantPro Recruitment Marketing offering, or that otherwise indicates its acceptance of these ARMP Terms. By agreeing to the ARMP Terms, you also agree to the ApplicantPro Terms of Service.

Any capitalized terms that are used but not defined in these ARMP Terms have the meaning set forth in the Agreement.

Use of the ApplicantPro Recruitment Marketing Program ("Program") by an individual/Job Seeker who posts his or her resume on the Site (hereinafter, "Resume Owner") or Employer on or through the Site is subject to all applicable ApplicantPro best-practice guidelines, policies and other terms and conditions made available to you, including through the Site, on the subscription or plan purchase page, and on the FAQ and information page(s) for the country you are purchasing a subscription or plan for, any or all of which may be modified at any time. You agree and acknowledge that the Program pricing and offerings are subject to change. Purchasing additional subscriptions or plans or modifying subscriptions or plans may reset the monthly billing date for subscriptions or plans 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 ApplicantPro, for the purpose of filling your Job Listings. You shall not use the ApplicantPro Recruitment Marketing Program for any directly or indirectly illegal, discriminatory, or fraudulent purpose. You are solely responsible for your use of the Program, including but not limited to, how you search for Job Seekers, who you decide to contact, and any employment related decisions you make. Contact information provided by ApplicantPro, 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 a product or system will result in your immediate termination from the Program. In addition, as a feature of the ARMP, ApplicantPro may send emails to Resume Owners on your behalf indicating that your Job Listing is potentially a match for their resume. In some circumstances, ApplicantPro may limit the number and/or frequency of times you may contact a Resume Owner through the Site. For example, if you contact a Resume Owner, and the Resume Owner does not express interest or contact you back, you may not be able to contact them again for a period of time.

IMPORTANT NOTICE: YOU EXPRESSLY AGREE THAT: in purchasing or obtaining access to the Program, you are paying ApplicantPro the amount indicated on the Site for the purpose of ApplicantPro facilitating your contact with a Resume Owner by sending a message to the email address that the relevant Resume Owner has provided to ApplicantPro, or by connecting you via phone call to the number provided by the Resume Owner. Your use of the Program is subject to all ApplicantPro Site Rules and policies, including the ApplicantPro Privacy Policy and any policies pertaining to Relay Services. ApplicantPro does not guarantee that the email address is still in use, that such message will be received, read, or acted upon by any potential Resume Owner, or that any Resume Owner's resume or information thereof is valid, accurate or complete in any respect. ApplicantPro may return different results for the same Recruitment Marketing query and has full discretion with respect to the resumes or profiles it presents in response to any particular search. ApplicantPro does not allow its Program, including but not limited to, resume contact service to be used in a spam like manner, and you expressly agree not to use the Program service in such manner. ApplicantPro defines "spam like manner" as sending requests for job positions to persons who are, as indicated by ApplicantPro experience and/or Resume Owner behavior and reaction, unsuited for the role or who have indicated that such requests are unwanted. ApplicantPro reserves the right to disable ApplicantPro Recruitment Marketing contact service for any user who, in ApplicantPro's sole discretion, violates these ARMP 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 ApplicantPro suspects to be malicious or spam, or for any or no reason. The only acceptable use of the ARMP is for you to contact a Resume Owner through ApplicantPro regarding a Job Listing or potential employment. No other uses of the ARMP are permitted. Scraping or data mining the ApplicantPro Recruitment Marketing database, which may include any Job Seeker Resume, or using the ApplicantPro Recruitment Marketing database for any other purpose except as allowed will result in legal action being taken against you. We may in our sole discretion place limits on your ability to run searches using Recruitment Marketing if we suspect that your use may adversely affect ApplicantPro's system, you are using the Recruitment Marketing in a malicious or objectionable manner, or you have violated this Agreement. Additionally, if you are a competitor of ApplicantPro (including but not limited to any job aggregation website or any job posting websites) you may not use the ApplicantPro Recruitment Marketing 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 ApplicantPro Recruitment Marketing database may result in ApplicantPro blocking you from the Site, blocking you from contacting Resume Owners, and blocking your contact emails to those Resume Owners without notice and you consent to the same. ApplicantPro may limit the number of devices each account is logged into. Each Resume subscription or plan 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 Resume Owner in the resume, ApplicantPro does not guarantee their validity and cannot confirm whether such numbers are landlines or cell phones. You agree to call Resume Owner regarding relevant job opportunities only. It is your sole responsibility to comply with all TCPA guidelines, as well as other laws against automated telephone dialling systems or laws governing phone or mobile communications in your applicable jurisdiction.

Information contained in Resume Owner resumes is self-reported by Job Seekers, may be outdated or inaccurate, and is not verified by ApplicantPro. Any filtering, sorting, matching, or ranking tools available to you as part of the Recruitment Marketing Program rely on this Job Seeker-provided information and/or information you provide to ApplicantPro about your job requirements or preferences. The appearance of a given Job Seeker's resume in search results or as a match is not a guarantee that the Resume Owner has the attributes or experience you have selected or that they would be interested in a job. When you use the Program, ApplicantPro does not guarantee that you will see desirable, or any, search results in response to each query or that you will see desirable, or any, daily matches. You are solely responsible for determining or verifying any Resume Owner provided information, including whether a Resume Owner / Job Seeker has a certain license, certification, or security clearance. In a product on the Site, you may see a verification of a Job Seeker's skills, certifications, or other qualifications. ApplicantPro does not guarantee the accuracy of such verifications or information, and you are solely responsible for verifying information on the Site.

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

ApplicantPro reserves the right to cancel any subscription at any time and for any or no reason. ApplicantPro may immediately cancel, update or modify the Program or these ARMP Terms in our sole discretion at any time without liability and your use of the Program after notice that the Program or these ARMP Terms have changed indicates acceptance of the updated ARMP Terms. All Sections of these Terms will survive any expiration or termination of these ARMP Terms.

APPLICANTPRO'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, APPLICANTPRO 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 APPLICANTPRO IS VALID, THAT ANY EMAIL SENT BY APPLICANTPRO 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. FURTHER, APPLICANTPRO AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT ANY RESUME IS AVAILABLE OR VIEWABLE AT ANY PARTICULAR TIME, OR THAT ANY RESUME DESCRIBES AN APPLICANT'S SKILLS, QUALIFICATIONS, OR ABILITIES. APPLICANTPRO AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL OTHER WARRANTIES INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, TITLE, SERVICE QUALITY, MERCHANTABILITY, AND FITNESS FOR ANY PURPOSE. YOU USE APPLICANTPRO, THE SITE, AND THE PROGRAM AT YOUR OWN RISK. APPLICANTPRO DOES NOT GUARANTEE THAT THE SITE OR PROGRAM WILL ALWAYS BE ERROR FREE, SAFE, OR SECURE.

EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO THIS SECTION HEREUNDER AND FOR ANY BREACH BY YOU OF THIS SECTION, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE ARMP 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 ARMP TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO APPLICANTPRO BY YOU FOR THE APPLICANTPRO RECRUITMENT MARKETING SERVICE GIVING RISE TO THE CLAIM.

You shall indemnify, defend and hold harmless ApplicantPro, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of your use of the Program, including but not limited to, how you conduct the search, any contact you have with the recipient (or intended recipient), any email you request to be sent pursuant to these ARMP Terms, any phone call or text message you make to a recipient, and activities of any third party service provider you engage to facilitate your sourcing activities through the Program, such as our Applicant Tracking System (ATS).

ApplicantPro Assessment Terms

These ApplicantPro Assessment terms ("AA Terms") form a part of, and are incorporated into, the ApplicantPro Terms of Service. By accessing or using ApplicantPro Assessments as an Employer in any way, or by registering as an Employer on ApplicantPro Assessments, or by otherwise accepting these AA Terms, you agree to these AA Terms and to the ApplicantPro Terms of Service (the "Agreement"). Any capitalized terms that are used but not defined in these AA Terms have the meaning set forth in the Agreement.

ApplicantPro Assessments is an online tool for the provision and review of assessments which are selected by Employers ("Assessments") in order to request responses from Job Seekers ("Responses") through the Site. "Assessments" include any assessment offered or published by ApplicantPro and/or third-party assessment providers that you may choose to send to a Job Seeker through ApplicantPro.

You agree that any Assessment sent by ApplicantPro 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 ApplicantPro 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 ApplicantPro transmit your Assessment to a Job Seeker, that request cannot be canceled. ApplicantPro 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, ApplicantPro may alert you when any of the above events occur.

You understand and agree that ApplicantPro 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.

ApplicantPro Full-Service Hiring Terms

These ApplicantPro Full-Service Hiring terms ("AFSH Terms") form part of, and are incorporated into the ApplicantPro Terms of Service, and apply to any Employer or Job Seeker who accesses or uses the ApplicantPro Full-Service Hiring or related services, or who otherwise indicates its acceptance of these AFSH Terms. By accessing or using the ApplicantPro Full-Service Hiring or related services or otherwise accepting these AFSH Terms, you agree to these AFSH Terms and to the ApplicantPro Terms of Service (the "Agreement"), including the terms associated with any ApplicantPro service you are using as part of the ApplicantPro Full-Service Hiring.

Any capitalized terms that are used but not defined in these AFSH Terms have the meaning set forth in the Agreement.

ApplicantPro Full-Service Hiring is a platform designed to automate and streamline your hiring and employment decision-making processes by allowing users access to various products such as ApplicantPro Interview or related services (the "Program"). You understand that use of the Program and related products is at your sole discretion and such tools are applied to your hiring process and job openings in the method and manner that you decide. YOU UNDERSTAND AND AGREE THAT YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAW REGARDING YOUR EMPLOYMENT AND HIRING PRACTICES, INCLUDING TITLE VII, AND THAT YOU MUST INDEMNIFY APPLICANTPRO AGAINST ANY AND ALL CLAIMS ARISING FROM YOUR USE OF APPLICANTPRO FULL-SERVICE HIRING OR SIMILAR PRODUCTS. APPLICANTPRO DISCLAIMS ALL LIABILITY AND MAKES NO WARRANTY THAT YOUR USE OF THE SERVICES COMPLIES WITH TITLE VII OR ANY SIMILAR LAW. ApplicantPro makes no representation that ApplicantPro or its affiliates are an employment agency by offering the Program and related tools. You understand that ApplicantPro is not procuring employees for you or opportunities for Job Seekers.

By using the Program and accepting these AFSH Terms you acknowledge and agree that you are asking ApplicantPro to do the following: 1) post, on your behalf, Job Listings or Job Ads, as applicable, provided by you on the Site, and manage such ad campaign, using your provided information, 2) include a function on the Site for a hiring event, interview session or interview post ("Event") corresponding with each of your Job Ads or Listings, 3) receive inquiries from Job Seekers to your Event(s), 4) add any screening tools you choose, including, but not limited to screening questions, evaluation methods, and Assessments, 5) send to you and/or other persons you identify information provided by a Job Seeker who select your Event(s), and 6) communicate (via email or text message) information related to your Event(s) to Job Seekers who selected your Event(s). If you request that ApplicantPro send you and other persons you identify information provided by a Job Seeker who selects the Event(s), you certify and warrant that such person is part of your organization or is otherwise authorized to receive such information.

With regards to any Job Ad posted on ApplicantPro via the Program, including any Job Ad of your Event posted in ApplicantPro's discretion, you agree that such Job Ad shall be subject to the ApplicantPro Ads Program terms, and the ApplicantPro Ads Program terms are incorporated herein. Likewise, your use of any tools offered by ApplicantPro is subject to the applicable Terms of Service. For example, using Assessments is subject to the ApplicantPro Assessments Terms.

You further agree that you are solely responsible for everything regarding your Event(s), whether participating or hosting, including but not limited to, the content of the Job Listing or Job Ad, screening or screener questions, Assessments, the handling and safeguarding of Job Seeker information provided to you and/or other persons you identify as authorized to receive information regarding an Event or a Job Seeker, the Event location, your attendees at the Event, or any literature, signage or other documentation at the event. You are responsible for accommodating Job Seeker requests or needs during the interview or application process during the Event. You represent and warrant that any data you collect from attendees and share with ApplicantPro is collected in accordance with local privacy rules. Moreover, you grant to ApplicantPro, its affiliates, and sublicensees the license to use your name, user name, and/or trademarks and logos in connection with any User Content or ApplicantPro marketing materials, or actions by ApplicantPro to promote or publicize such User Content (e.g. Job Listings) including the use of keywords in third-party internet search engine. You agree that ApplicantPro may promote your Job Listing or Job Ad through any method in ApplicantPro's sole discretion, including but not limited to targeted advertising, on third party websites, including, but not limited to apps, or using keywords in third-party internet search engines. You further acknowledge and agree that ApplicantPro is not responsible for reviewing qualifications, verifying identification, or otherwise screening Job Seekers during each Event and that you are solely responsible for so doing.

When Job Seekers apply to your job listing, ApplicantPro may give them the opportunity to provide certain demographic information, such as race and ethnicity, gender, age, LGBTQ+ community membership, and disability status as well as whether they have an arrest or conviction record ("demographic data"). This ApplicantPro demographic data survey is separate from any voluntary self-identification questions provided by Employers. By using the Program, you agree that ApplicantPro may collect demographic data from Job Seekers applying to your job listing using ApplicantPro's demographic survey, and that ApplicantPro may use the information from that survey to evaluate and improve our products. You further agree that you as an Employer have no ability, right, or entitlement to view or access demographic data collected via the ApplicantPro demographic data survey pertaining to any Job Seeker or related to any employer by any means including civil discovery, subpoena, or any other legal process without their permission. You agree you are solely responsible for complying with applicable nondiscrimination laws. ApplicantPro disclaims any warranty regarding the demographic composition of Job Seekers applying to any particular job.

ApplicantPro may offer you the option to manage virtual and remote communications within ApplicantPro products, including ApplicantPro Interview, phone interviews, virtual meetings, and video interviews ("Virtual Interviews"). Services may include giving you access to scheduling, video conferencing, web conferencing, meeting rooms, and other collaborative services offered by third-party telecommunications service providers. You understand and acknowledge that ApplicantPro is not a telecommunications service provider. ApplicantPro disclaims all warranties regarding the transmission of Virtual Interviews including phone or video communications. ApplicantPro does not guarantee (1) the availability of such services at the time you attempt to initiate them, (2) the quality of such services, or (3) the dates or times you've arranged for your Virtual Interview.

Unless otherwise stated in an agreement to advertise with ApplicantPro, you may independently cancel any Job Listing or Job Ad (and corresponding Event) at any time (such cancellation is generally effective within 24 hours). However, if you cancel an Event, ApplicantPro will still bill you in accordance with any pricing listed in a separate agreement or otherwise agreed upon by you and ApplicantPro, for clicks, applies or impressions accrued while the Job Ad for that Event was on the Site, and any platform fee, if applicable. ApplicantPro may reach out to Job Seekers to communicate your Event cancellation. ApplicantPro may immediately cancel the Program, any part thereof, or these AFSH Terms at any time upon notice. ApplicantPro may modify the Program or these AFSH Terms at any time without liability, and your use of the Program after notice that these AFSH Terms have changed indicates acceptance of the updated AFSH Terms. All Terms of this Section shall survive any expiration or termination of these AFSH Terms.

You shall not, and shall not authorize or assist any party to, advertise anything illegal or engage in any illegal or fraudulent activities or business practices in any state or country where your Job Listing or Job Ad is displayed. You represent and warrant that all your information and any and all information you provide to ApplicantPro is correct and current; you hold and grant ApplicantPro and partners all rights to copy, distribute, and display Job Listings or Job Ads ("Use"); and such Use and websites linked from your Jobs Listings or 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 AFSH Terms or your account without notice and may subject you to legal penalties and consequences. ApplicantPro or partners may reject or remove any Job Listing, Job Ad, or content therein, and ApplicantPro may disable any Employer's account, for any or no reason without notice.

APPLICANTPRO'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, APPLICANTPRO AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NON- INFRINGEMENT, TITLE, SERVICE QUALITY, MERCHANTABILITY, AND FITNESS FOR ANY PURPOSE. YOU USE APPLICANTPRO, THE SITE, AND THE PROGRAM AT YOUR OWN RISK. APPLICANTPRO DOES NOT GUARANTEE THAT THE SITE OR PROGRAM WILL ALWAYS BE UNINTERRUPTED, ERROR FREE, SAFE, OR SECURE. ApplicantPro and its affiliates, and its and their third-party licensors, disclaim all guarantees regarding positioning or the levels or timing of: costs per Application, click, apply, or impression, (ii) Application rates, click through rates, apply rates, or impression rates (including any estimate of rates provided in an insertion order), (iii) delivery of any impressions in any particular time, place, or manner, (iv) clicks, applies or impressions, (v) interest in your Job Ad, (vi) attendance at your Event(s), and (vii) the quality of attendees at your Event(s). AN APPLICATION TO YOUR EVENT(S) DOES NOT GUARANTEE INTEREST IN YOUR JOB AD. EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO THIS SECTION HEREUNDER, AND FOR ANY BREACH BY YOU OF THIS SECTION, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE AFSH 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 AFSH TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO APPLICANTPRO BY YOU, IF ANY, FOR THE JOB ADS OR JOB LISTINGS GIVING RISE TO THE CLAIM.

You shall be charged in accordance with the pricing listed in a separate agreement or insertion order between you and ApplicantPro, and based on clicks, applies or impressions (distributed within your budget in ApplicantPro's sole discretion) and platform fee, if applicable. ApplicantPro may offer a subscription payment option wherein you will be charged as indicated in an insertion order. Applications are defined as a user completing the online Application form agreeing to attend your Event featured in any Job Ad. However, an Application does not guarantee that a Job Seeker will attend such Event. If your ApplicantPro employer account has a credit card, bank account information, or other payment method on file for the ApplicantPro Ads Program or any other ApplicantPro service, we will charge that same payment method for your ApplicantPro Full-Service Hiring, if applicable.

If you are located in the United States, you shall pay all applicable charges in US dollars. You may only pay all charges in US Dollars. Charges are exclusive of all taxes, including VAT. You are responsible for all taxes as applicable and appropriate. You are responsible for paying all taxes and government charges, and reasonable expenses and attorney fees ApplicantPro incurs collecting late amounts. You waive all claims relating to charges unless claimed within 120 days after the charge (this does not affect your credit card issuer rights).

You acknowledge and agree that any credit card, bank account, and related billing and payment information that you provide to ApplicantPro may be shared by ApplicantPro with companies who work on ApplicantPro's behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to ApplicantPro and servicing your account. ApplicantPro may also provide information in response to valid legal processes, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. ApplicantPro 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 ApplicantPro shall have no liability whatsoever, therefore. 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 ApplicantPro product, ApplicantPro reserves the right to suspend or terminate your use of that ApplicantPro product as well as any other ApplicantPro product, including but not limited to those ApplicantPro products where you do not have an unpaid invoice or account balance.

You shall indemnify, defend and hold harmless ApplicantPro, its agents, affiliates, licensors, and partners from any third-party claim or liability (including without limitation reasonable legal fees) arising out of your use, Job Listing, Job Ad, screening or screener questions, Event, Site or Your Services, or breach of these AFSH Terms.

ApplicantPro Job Boards Terms

ApplicantPro may make available Job Boards advertising employment opportunities and other job-related content, including links to third-party websites ("Job Listings" or "Job Boards"), through ApplicantPro's search results or otherwise through the Site. Searching for Job Boards on ApplicantPro is free for Job Seekers. ApplicantPro displays Job Boards based on a combination of compensation paid by employers to ApplicantPro and relevance, such as search terms, and other information provided and activities conducted on ApplicantPro. While ApplicantPro may in some circumstances be compensated by employers who post Job Boards, helping keep ApplicantPro job search free for Job Seekers, all Job Boards are considered advertising.

Job Boards are created and provided by third parties over whom ApplicantPro exercises no control; you acknowledge and understand that ApplicantPro has no control over the content of Job Boards, links to or from Job Boards, or any conditions third parties might impose once a Job Seeker has submitted an application or left the Site. For example, some of these third parties may attempt to charge Job Seekers a fee to apply to a particular job, although ApplicantPro endeavors not to make such Job Boards available on the Site. If you leave the ApplicantPro Site and choose to enter a third-party website, you accept any terms and conditions imposed by that third-party. Except for sponsored, featured or paid placements, the Job Boards contained on, or linked from, the Site are indexed or posted in an automated manner. ApplicantPro has no obligation to screen any Job Boards, or to include any Job Boards, in its search results or other listings, and may exclude or remove any Job Boards from the Site or your search result without any obligation to provide reasoning for removal or exclusion. You understand and agree that ApplicantPro has no obligation to present you with any or all Job Boards. We cannot confirm the accuracy or completeness of any Job Ad or other information submitted by any Employer or other user, including the identity of such Employer or other user. ApplicantPro assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Job Boards, or other information submitted by any Employer or other user.

When you initiate a job application on a website operated by an Employer or its applicant tracking system, ApplicantPro may collect certain information about you and any actions taken by you during your visit using automated means, such as via Application Programming Interfaces (API), cookies and web beacons. The information collected includes, for example, information about job listings you viewed and job applications you started and completed. An Employer who uses tracker functionality is required under this Agreement to provide any notice, and obtain any prior consent, that may be required by applicable law. However, you acknowledge and agree that ApplicantPro has no control over such an Employer or its website. You agree to ApplicantPro's use of, and receipt of information from, any such tracker functionality.

ApplicantPro may provide independent functionality to assist you. For example, ApplicantPro may provide search options to help you narrow down Job Boards search results by job type categories (i.e. full-time, part-time, etc.), and such categories are created independently and entirely by ApplicantPro, and may not directly or accurately reflect the content of the Job Boards. ApplicantPro may reformat Job Listings so that you may read them more clearly on a mobile phone. ApplicantPro may also promote Job Boards by select Employers on certain pages or websites dedicated to a specific topic, such as inclusive hiring, or military-friendly job posts. The placement of a Job Ad on a dedicated page or website is not a representation regarding the nature of the role for legal purposes (for example gig economy postings are not necessarily limited to contractor status jobs and may also include engagements for employment relationships) or a representation regarding the attributes of an Employer. ApplicantPro does not guarantee that applying to jobs through a dedicated page or website will lead to a better job application experience, a job interview, or a job offer. The dedicated pages or website do not contain an exhaustive list of Job Boards, and no inferences can be drawn with respect to Job Boards or Employers that are not displayed on dedicated pages. ApplicantPro may also provide functionality to call a telephone number contained in a Job Ad using the phone app on a mobile device. ApplicantPro cannot guarantee that the extracted phone number is the correct phone number for the Employer or for the Job Ad you are viewing.

ApplicantPro Video Interviewing Terms

These ApplicantPro Video Interviewing terms ("AVI Terms") form part of, and are incorporated into the ApplicantPro Terms of Service, and apply to any Employer or Job Seeker who accesses or uses the ApplicantPro Video Interviewing services or related services, or who otherwise indicates its acceptance of these AVI Terms. By accessing or using the ApplicantPro Video Interviewing services or related services or otherwise accepting these AVI Terms, you agree to these AVI Terms and to the ApplicantPro Terms of Service (the "Agreement"), including the terms associated with any ApplicantPro service you are using as part of the ApplicantPro Video Interviewing services.

Any capitalized terms that are used but not defined in these AVI Terms have the meaning set forth in the Agreement.

ApplicantPro Video Interviewing is a platform designed to automate and streamline your hiring and employment decision-making processes by allowing users access to various products such as ApplicantPro Interview or related services (the "Program"). You understand that use of the Program and related products is at your sole discretion and such tools are applied to your hiring process and job openings in the method and manner that you decide. YOU UNDERSTAND AND AGREE THAT YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAW REGARDING YOUR EMPLOYMENT AND HIRING PRACTICES, INCLUDING TITLE VII, AND THAT YOU MUST INDEMNIFY APPLICANTPRO AGAINST ANY AND ALL CLAIMS ARISING FROM YOUR USE OF APPLICANTPRO FULL-SERVICE HIRING OR SIMILAR PRODUCTS. APPLICANTPRO DISCLAIMS ALL LIABILITY AND MAKES NO WARRANTY THAT YOUR USE OF THE SERVICES COMPLIES WITH TITLE VII OR ANY SIMILAR LAW. ApplicantPro makes no representation that ApplicantPro or its affiliates are an employment agency by offering the Program and related tools. You understand that ApplicantPro is not procuring employees for you or opportunities for Job Seekers.

With regards to any service offered on ApplicantPro via the Program, including any Job Board posted in ApplicantPro's discretion, you agree that such Job Board shall be subject to the ApplicantPro Ads Program terms, and the ApplicantPro Job Boards Program terms are incorporated herein. Likewise, your use of any tools offered by ApplicantPro is subject to the applicable Terms of Service. For example, using Assessments is subject to the ApplicantPro Assessments Terms.

You shall not, and shall not authorize or assist any party to, advertise anything illegal or engage in any illegal or fraudulent activities or business practices in any state or country where your Job Board is displayed. You represent and warrant that all your information and any and all information you provide to ApplicantPro is correct and current; you hold and grant ApplicantPro and partners all rights to copy, distribute, and display Job Listings or Job Ads ("Use"); and such Use and websites linked from your Jobs Listings or 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 AVI Terms or your account without notice, and may subject you to legal penalties and consequences. ApplicantPro or partners may reject or remove any Job Board, or content therein, and ApplicantPro may disable any Employer's account, for any or no reason without notice.

You shall be charged in accordance with the pricing listed in a separate agreement or insertion order between you and ApplicantPro, and platform fee, if applicable. ApplicantPro may offer a subscription payment option wherein you will be charged as indicated in an insertion order. However, a confirmation to an AVI does not guarantee that a Job Seeker will attend said Interview. If you are located in the United States, you shall pay all applicable charges in US dollars. You may only pay all charges in US Dollars. Charges are exclusive of all taxes, including VAT. You are responsible for all taxes as applicable and appropriate. You are responsible for paying all taxes and government charges, and reasonable expenses and attorney fees ApplicantPro incurs collecting late amounts. You waive all claims relating to charges unless claimed within 120 days after the charge (this does not affect your credit card issuer rights).

You acknowledge and agree that any credit card, bank account, and related billing and payment information that you provide to ApplicantPro may be shared by ApplicantPro with companies who work on ApplicantPro's behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to ApplicantPro and servicing your account. ApplicantPro 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. ApplicantPro 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 ApplicantPro shall have no liability whatsoever therefore. 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 ApplicantPro product, ApplicantPro reserves the right to suspend or terminate your use of that ApplicantPro product as well as any other ApplicantPro product, including but not limited to those ApplicantPro products where you do not have an unpaid invoice or account balance.

You shall indemnify, defend and hold harmless ApplicantPro, its agents, affiliates, licensors, and partners from any third party claim or liability (including without limitation reasonable legal fees) arising out of your use of AVI services, screening or screener questions, Assessments, Interviews, Site or Your Services, or breach of these AVI Terms.

ApplicantPro Background Checks Terms

These ApplicantPro Background Checks terms ("ABC Terms") form a part of, and are incorporated into, the ApplicantPro Terms of Service. By accessing or using ApplicantPro Background Checks as an Employer in any way, or by registering as an Employer on ApplicantPro Background Checks, or by otherwise accepting these ABC Terms, you agree to these ABC Terms and to the ApplicantPro Terms of Service (the "Agreement"). Any capitalized terms that are used but not defined in these ABC Terms have the meaning set forth in the Agreement.

ApplicantPro Background Checks is an online tool for the provision and review of Background Checks which are selected by Employers ("Background Checks") in order to request responses from Job Seekers ("Responses") through the Site. "Background Checks" include any Background Checks offered or published by ApplicantPro and/or third party Background Checks providers that you may choose to send to a Job Seeker through ApplicantPro.

As an Employer you are the sole party to determine whether a Response, including but not limited to a result, indicates a qualified Job Seeker. You may instruct ApplicantPro to send out rejection notices if the Job Seeker has not responded to Background Checks in a manner acceptable to you, and you acknowledge that ApplicantPro has no discretion in the transmission of these rejections. As the employer, you are the sole party to determine whether to offer a Job Seeker the opportunity to retake any Background Checks that you sent or update or modify their Response.

You understand and agree that ApplicantPro does not have any obligation to screen any Background Checks or Response, or to make available any Background Checks or Response to you, and may exclude or remove any Background Checks or Response from you for any or no reason without liability or notice.

ApplicantPro cannot confirm the information submitted by any Job Seeker, or other user, including the identity of any user. ApplicantPro 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, Background Checks 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. ApplicantPro 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.

You agree to defend, indemnify and hold harmless ApplicantPro 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, ApplicantPro Background Checks or the Site; (c) your loss of, or disclosure of, information gained from using ApplicantPro Background Checks 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 (this includes any claims that ApplicantPro as your agent violated any such 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; (g) your decision to add, create, or use an Background Checks, including, but not limited to, a hiring event, scheduled interview, or as part of a job application; or (h) 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 ApplicantPro against such claims. You agree that this indemnity extends to requiring you to pay for ApplicantPro's reasonable attorneys' fees, court costs, settlements and disbursements. This defense and indemnification obligation will survive this Agreement and your use of ApplicantPro Background Checks.

ApplicantPro Onboarding Terms

These ApplicantPro Onboarding terms ("AO Terms") form a part of, and are incorporated into, the ApplicantPro Terms of Service. By accessing or using ApplicantPro Onboardings as an Employer in any way, or by registering as an Employer on ApplicantPro Onboardings, or by otherwise accepting these AO Terms, you agree to these AO Terms and to the ApplicantPro Terms of Service (the "Agreement"). Any capitalized terms that are used but not defined in these AO Terms have the meaning set forth in the Agreement.

ApplicantPro Onboardings is an online tool that serves as an ancillary service to our hiring products that we integrate with so that employers can push candidates and applicants through the hiring process once they have been hired, for the provision of Onboardings which are selected by Employers ("Onboardings") in order to prepare Job Seekers to begin working as employees, through the Site. "Onboardings" include any Onboarding offered or published by ApplicantPro and/or third-party Onboarding providers that you may choose to onboard a Job Seeker.

You agree that any Onboarding sent by ApplicantPro 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 ApplicantPro to contact that Job Seeker for the purpose of transmitting the Onboarding(s) you have selected. You also acknowledge that once you have requested that ApplicantPro transmit your Onboarding to a Job Seeker, that request cannot be canceled. ApplicantPro does not guarantee that any Job Seeker will receive, access, read or respond to any Onboarding, or that there will be no mistakes in the transmission of the data. However, ApplicantPro may alert you when any of the above events occur.

You agree you have made the determination to use ApplicantPro Onboardings as part of your application process, and that any Onboardings you conduct with a Job Seeker are solely being conducted by you and are not being conducted by ApplicantPro. Except for third party Onboardings, ApplicantPro offers Onboardings solely in its capacity as a developer and publisher. You agree you are solely responsible for the use of Onboardings and in compliance with the law, including the Fair Credit Reporting Act and similar state statutes. You are solely responsible for your use of ApplicantPro Onboardings, 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 or similar law. You acknowledge that ApplicantPro 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 ApplicantPro is guided by WCAG 2.1, Level AA in our efforts to design and develop accessible offerings, as outlined in the accessibility statement, each disability is unique and ApplicantPro does not warrant that the method of delivery of any Onboarding question is compliant with the Americans with Disabilities Act or any equivalent or similar law.

You are the sole party to determine which Onboarding to send to any Candidate or Job Seeker. You agree that an Onboarding is only designed to prepare a job seeker to begin working as an employee. 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. You agree to use an Onboarding in combination with other selection and hiring processes, and not as the sole measure of any candidate's fitness for a job. You agree to use an Onboarding to prepare a candidate for their first day on the job. ApplicantPro reserves the right to change any Onboarding at any time, for any or no reason, including but not limited to quality control.

Sending an Onboarding to a Job Seeker does not guarantee that a Job Seeker with accept communication or take action as a Job Seeker for a job. You consent to your Onboarding and any other communications sent through ApplicantPro Onboardings being processed and analyzed by ApplicantPro according to this Agreement and ApplicantPro's Privacy Policy.

You understand that Job Seekers decision to begin working a job and their use of the Onboarding system is done at their sole discretion. After a Job Seeker has been selected as a candidate to begin working, You will be able to use the ApplicantPro Onboardings platform to prepare the Candidate for their first day on the job. In the case of a third party Onboarding, you may only be able to view limited information, such as a link to the final result of the Onboarding. A Job Seeker may also have the option to select an Onboarding method associated the needs indicated in their ApplicantPro Profile, which will be visible to Employers in accordance with our Terms.

As an Employer, you represent and warrant that you shall not access or use ApplicantPro Onboardings for any directly or indirectly illegal, discriminatory, or fraudulent purpose. You shall not create or send any Onboarding 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 Onboarding 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).

ApplicantPro Onboardings is not a tool to ask for sensitive personal data from Job Seekers. Employers may not create or send any Onboarding 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 ApplicantPro Onboardings must provide an accommodation to the extent required by applicable law, and further must provide evidence of compliance to ApplicantPro immediately upon request. Any failure to fulfill these obligations is a material breach of this Agreement and ApplicantPro may immediately terminate your account and your access to ApplicantPro Onboardings with no further obligation to you. You agree to defend and indemnify ApplicantPro from any claims arising from your failure to comply with this section.

You understand and agree that ApplicantPro does not have any obligation to screen any Onboarding, or to publish any Onboarding on the Site, and may exclude or remove any Onboarding from the Site for any or no reason without liability or notice.

ApplicantPro does not act as an employment agency by offering the ApplicantPro Onboardings tool. By using ApplicantPro Onboardings, you acknowledge and agree that ApplicantPro is not procuring employees for Employers or procuring opportunities to work for Job Seekers. ApplicantPro merely provides a tool enabling Employers to prepare Job Seekers for their first day on the job, as the Employer may determine. The sole responsibility for the content of any Onboarding, any decision to proceed or not to proceed with interviews or offers, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of ApplicantPro Onboardings, is solely with Employers or Job Seekers as applicable.

ApplicantPro cannot confirm the information submitted by any Job Seeker, or other user, including the identity of any user. ApplicantPro 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, Onboardings 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. ApplicantPro 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.

You agree to keep all information gained from using ApplicantPro Onboardings 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 ApplicantPro Onboardings from loss, misuse, unauthorized access, disclosure, alteration or destruction.

APPLICANTPRO ONBOARDINGS AND ALL MATERIALS, INFORMATION, ONBOARDINGS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH APPLICANTPRO ONBOARDINGS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. APPLICANTPRO EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT ANY ONBOARDING, INCLUDING BUT NOT LIMITED TO A RESULT, THAT HAS BEEN PROVIDED TO APPLICANTPRO IS VALID OR ACCURATE, THAT ANY ONBOARDING ACCURATELY OR COMPREHENSIVELY EVALUATES A PARTICULAR SKILL OR IS RELATED TO ANY JOB REQUIREMENT, THAT ANY COMMUNICATION (INCLUDING WITHOUT LIMITATION ONBOARDINGS) 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. APPLICANTPRO EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES INCLUDING WITHOUT LIMITATION NONINFRINGEMENT, TITLE, SERVICE QUALITY, MERCHANTABILITY, AND FITNESS FOR ANY PURPOSE. APPLICANTPRO DISCLAIMS ANY WARRANTY THAT APPLICANTPRO ONBOARDINGS WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT ALL ERRORS WILL BE CORRECTED. YOU USE APPLICANTPRO, THE SITE, AND APPLICANTPRO ONBOARDINGS AT YOUR OWN RISK. APPLICANTPRO DOES NOT GUARANTEE THAT THE SITE OR APPLICANTPRO ONBOARDINGS WILL ALWAYS BE ERROR FREE, SAFE, OR SECURE.

You agree to defend, indemnify and hold harmless ApplicantPro 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, ApplicantPro Onboardings or the Site; (c) your loss of, or disclosure of, information gained from using ApplicantPro Onboardings 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 (this includes any claims that ApplicantPro as your agent violated any such 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; (g) your decision to add, create, or use an Onboarding, including, but not limited to, a hiring event, scheduled interview, or as part of a job application; or (h) 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 ApplicantPro against such claims. You agree that this indemnity extends to requiring you to pay for ApplicantPro's reasonable attorneys' fees, court costs, settlements and disbursements. This defense and indemnification obligation will survive this Agreement and your use of ApplicantPro Onboardings.

ApplicantPro may suspend ApplicantPro Onboardings, 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 ApplicantPro 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.

ApplicantPro Career Sites Terms

ApplicantPro may make available Career Sites advertising employment opportunities and other job-related content, including links to third-party websites ("Job Listings" or "Career Sites"), through ApplicantPro's search results or otherwise through the Site. Searching for Career Sites on ApplicantPro is free for Job Seekers. ApplicantPro displays Career Sites based on a combination of compensation paid by employers to ApplicantPro and relevance, such as search terms, and other information provided and activities conducted on ApplicantPro. While ApplicantPro may in some circumstances be compensated by employers who post Career Sites.

Career Sites are created and provided by third parties over whom ApplicantPro exercises no control; you acknowledge and understand that ApplicantPro has no control over the content of Career Sites, links to or from Career Sites, or any conditions third parties might impose once a Job Seeker has submitted an application or left the Site. For example, some of these third parties may attempt to charge Job Seekers a fee to apply to a particular job, although ApplicantPro endeavors not to make such Career Sites available on the Site. If you leave the ApplicantPro Site and choose to enter a third-party website, you accept any terms and conditions imposed by that third-party. Except for sponsored, featured or paid placements, the Career Sites contained on, or linked from, the Site are indexed or posted in an automated manner. ApplicantPro has no obligation to screen any Career Sites, or to include any Career Sites, in its search results or other listings, and may exclude or remove any Career Sites from the Site or your search result without any obligation to provide reasoning for removal or exclusion. You understand and agree that ApplicantPro has no obligation to present you with any or all Career Sites. We cannot confirm the accuracy or completeness of any Job Ad or other information submitted by any Employer or other user, including the identity of such Employer or other user. ApplicantPro assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Career Sites, or other information submitted by any Employer or other user.

When you initiate a job application on a website operated by an Employer or its applicant tracking system, ApplicantPro may collect certain information about you and any actions taken by you during your visit using automated means, such as via Application Programming Interfaces (API), cookies and web beacons. The information collected includes, for example, information about job listings you viewed and job applications you started and completed. An Employer who uses tracker functionality is required under this Agreement to provide any notice, and obtain any prior consent, that may be required by applicable law. However, you acknowledge and agree that ApplicantPro has no control over such an Employer or its website. You agree to ApplicantPro's use of, and receipt of information from, any such tracker functionality.

ApplicantPro may provide independent functionality to assist you. For example, ApplicantPro may provide search options to help you narrow down Career Sites search results by job type categories (i.e. full-time, part-time, etc.), and such categories are created independently and entirely by ApplicantPro, and may not directly or accurately reflect the content of the Career Sites. ApplicantPro may reformat Job Listings so that you may read them more clearly on a mobile phone. ApplicantPro may also promote Career Sites by select Employers on certain pages or websites dedicated to a specific topic, such as inclusive hiring, or military-friendly job posts. The placement of a Job Ad on a dedicated page or website is not a representation regarding the nature of the role for legal purposes (for example gig economy postings are not necessarily limited to contractor status jobs and may also include engagements for employment relationships) or a representation regarding the attributes of an Employer. ApplicantPro does not guarantee that applying to jobs through a dedicated page or website will lead to a better job application experience, a job interview, or a job offer. The dedicated pages or website do not contain an exhaustive list of Career Sites, and no inferences can be drawn with respect to Career Sites or Employers that are not displayed on dedicated pages. ApplicantPro may also provide functionality to call a telephone number contained in a Job Ad using the phone app on a mobile device. ApplicantPro cannot guarantee that the extracted phone number is the correct phone number for the Employer or for the Job Ad you are viewing.

3. Employer Obligations

3.1. User Conduct

You agree to use the Service in compliance with all applicable laws and regulations. You will not use the Service to discriminate against Job Seekers, Applicants or the like based on protected characteristics and in accordance with the Terms herein.

If you are engaging in this Service on behalf of a company, you consent that you are accordingly authorized to represent the company and accept the terms and conditions of this Agreement on behalf of a company. Upon acceptance, the following binding contract is configured between ApplicantPro and the company (client) in accordance with the terms and conditions of this Agreement. You agree not to commit or hearten any violation of the Agreement between ApplicantPro and the company.

If you are entering into this Agreement on behalf of your company, the term "Client" represents your company including all of its employees.

If you are entering into this agreement on your own behalf, or if you are not authorized to represent the company, you agree that you are personally obliged by the terms detailed in this Agreement and the term "Client" refers to you.

3.2. Data Security

You are responsible for safeguarding any personal data of job applicants that you collect or process through the Service. Ensure compliance with data protection laws.

Information we collect on our Sites: We may collect certain information from or about you in connection with your use of, or your submissions to, our Sites, as described in this Privacy Policy ("Collected Information"). Collected Information includes, without limitation, any information that may be used to identify an individual, including, but not limited to, first and last name, a physical address, phone number, email address, usernames, passwords and passively collected information, such as cookie data and an IP address, as described below. This information is typically collected when you request a price quote, trial, demonstration or request to sign up for services provided by us. This information will be used only by us to provide you with the requested services and support needed.

ApplicantPro has implemented commercially reasonable measures designed to secure and protect information transmitted via or stored on our Sites and our related systems from unauthorized access, use, alteration and disclosure.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Sites, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Sites like message boards. The information you share in public areas may be viewed by any user of the Sites.

You acknowledge that the transmission of information via the internet is not always completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Sites. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Sites.

4. Fees and Payments

4.1. Pricing

Fees for the Products and or Services contained herein are described on our Website and may be subject to change. You agree to pay any and all fees associated with your use of the Product or Service in accordance with these Terms or your Agreement with respect to your Product or Service selection and any invoice you receive as a result.

5. Intellectual Property

5.1. Ownership

All intellectual property rights related to the Product and or Service are owned by us. You are granted a limited, non-exclusive, non-transferable license to use the Product and or Service.

10.1. Intellectual Property Ownership by ApplicantPro

You acknowledge and agree that all intellectual property rights related to the Product and or Service, including but not limited to patents, copyrights, trademarks, trade secrets, and any other proprietary rights, are and shall remain the exclusive property of ApplicantPro and its licensors, if applicable. You shall not acquire any right, title, or interest in or to such intellectual property rights, except for the limited rights expressly granted in these Terms.

10.2. License Grant

Subject to your compliance with these Terms, ApplicantPro grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business purposes. This license does not grant you any rights to use ApplicantPro's name, logo, or trademarks without prior written consent.

10.3. User-Generated Content

Any content, materials, or information you submit, upload, or otherwise provide to the Service, including job postings, reviews, comments, and any other user-generated content, shall remain your intellectual property. However, by submitting such content, you grant ApplicantPro a worldwide, royalty-free, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, distribute, publicly display, and perform such content in connection with the Service and ApplicantPro's business operations.

10.4. Reporting Infringements

If you believe that any content or materials on the Service infringe your intellectual property rights, please contact ApplicantPro in accordance with the procedures outlined in the "Copyright Infringement Claims" section of these Terms.

10.5. Infringement Claims

ApplicantPro respects the intellectual property rights of others and expects its users to do the same. If you believe that your intellectual property rights have been infringed upon, please provide ApplicantPro with the following information:

(a) A description of the intellectual property rights you claim have been infringed.

(b) A description of the infringing material and its location on the Service.

(d) A statement that you have a good-faith belief that the use of the material is not authorized by the intellectual property owner, its agent, or the law.

(e) A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the intellectual property owner or authorized to act on behalf of the owner.

(f) An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest.

Please send this information to ApplicantPro at privacy@applicantpro.com for prompt review.

6. Termination

6.1. Termination

We, ApplicantPro, may terminate or suspend your access to any Product and or Service at our discretion, without notice, for any reason or no reason or in accordance with these Terms.

You may terminate this Agreement in accordance with the terms specified within the Product and or Service of your use.

6.2. Exercising Your Rights to Know or Delete

To exercise your rights to know or delete described above, please submit a request by either:

Calling us at 888-633-9269
Emailing us at privacy@applicantpro.com

Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information. To designate an authorized agent for the purposes described in this Policy, email privacy@applicantpro.com. You may only make one request to exercise your rights to know or delete per twelve-month calendar period.

7. Limitation of Liability

7.1. Disclaimer

APPLICANTPRO MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE SERVICE. YOU USE THE SERVICE AT YOUR OWN RISK. APPLICANTPRO SHALL NOT BE LIABLE TO YOU IN CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHER EQUITY THEORY) OR OTHERWISE FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING LOST DATA, LOST BUSINESS OR PROFITS, AND INTERRUPTION OF BUSINESS), WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE.

7.2. Limitation of Liability

EXCEPT WITH RESPECT TO A APPLICANTPRO'S WILLFUL MISCONDUCT IN CONNECTION WITH ITS OBLIGATIONS UNDER THE AGREEMENT, THE AGGREGATE LIABILITY OF APPLICANTPRO FOR ANY CLAIMS ARISING OUT OF THE AGREEMENT (INCLUDING WITH RESPECT TO PRODUCTS AND SERVICES PROVIDED) IS LIMITED TO THE TOTAL AMOUNT ACTUALLY PAYABLE TO YOU DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE.

8. Privacy Policy

8.1. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated by reference.

9. Governing Law

9.1. Jurisdiction

The Terms and its subject matter will be construed and enforced in accordance with the laws of the State of Delaware without regard for its choice of law provisions. The Parties agree to submit to the exclusive jurisdiction of the state or federal courts located in the State of North Carolina. In the event any proceedings, arbitration or legal action is brought by either Party against the other arising out of or in connection with the Agreement, the prevailing Party will be entitled to recover its costs and reasonable attorney's fees. If any provision of the Agreement is held invalid or unenforceable by any court or agency of competent jurisdiction, it will be severed, and the remaining terms of the Agreement shall remain in full force and effect.

10. Contact Information

10.1. Contact

For any questions or concerns regarding these Terms, please contact us:

If you have any questions or comments about this notice, the ways in which ApplicantPro collects and uses your information described here and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone: 888-633-9269

Email: privacy@applicantpro.com

Postal Address:

ApplicantPro

Attn: CEO/CPO

8610 Sandy Parkway #100, Sandy, UT 84070

If you need to access this Policy in an alternative format due to having a disability, please contact ApplicantPro at 888-633-9269 or by email at privacy@applicantpro.com.

Data Processing Agreement

Controller to Processor Data Processing Addendum

This Data Processing Addendum ("Addendum") between You and the ApplicantPro entity acting as Processor under Applicable Data Protection Law, is incorporated into our Terms of Service, and solely applies to limited situations where ApplicantPro acts as a Processor of Client Personal Data on your behalf (as Controller).

You (or "Client") and ApplicantPro are referred to collectively as the "Parties," and individually each as a "Party."

1. Definitions

Words and expressions used in this Addendum but not defined herein shall have the meanings given to such words and expressions in the GDPR unless otherwise stated herein. Where the Applicable Data Protection Law gives means to such words and expressions that differ from the GDPR, then those meanings in the Applicable Data Protection Law shall apply instead for purposes of compliance with such Applicable Data Protection Law. The following definitions apply to this Addendum unless otherwise specified herein.

Affiliate means any entity that directly or indirectly controls, is controlled by, or is under common control with ApplicantPro. "Control" for these purposes means having a majority of shares or the right and ability to direct management. This includes ApplicantPro-affiliated entities located outside the EEA or Switzerland.

Applicable Data Protection Law means all laws, regulations, and other legal requirements relating to (i) privacy, data security, consumer protection, marketing, promotion, and text messaging, email, and other communications; (ii) the use, collection, retention, storage, security, disclosure, transfer, disposal, and other processing of Personal Data applicable to the processing of Client Personal Data under the Agreement including but not limited to General Data Protection Regulation 2016/679 ("GDPR"), Federal Data Protection Act of 19 June 1992 (Switzerland), UK Data Protection Act 2018 and UK General Data Protection Regulation (UK GDPR), Japanese Act on the Protection of Personal Information (Act No. 57 of 2003 as amended in 2015) and any US state or federal laws or regulations pertaining to the collection, use, disclosure, security or protection of personal data, or to security breach notification, e.g. The California Consumer Privacy Act, as amended by the California Privacy Rights Act (together the "CCPA"); and binding guidance and / or codes of practice issued by a competent supervisory authority under applicable laws (as defined in the GDPR), or the European Data Protection Board.

Business Contact Information means the names, mailing addresses, email addresses, and phone numbers regarding the other Party's employees, directors, vendors, agents and customers, maintained by a Party for business purposes as further described below.

Client Personal Data means Client-owned or controlled personal data provided by or on Your behalf to ApplicantPro or an ApplicantPro affiliate or subcontractor for processing under Applicable Data Protection Law pursuant to the Agreement. Unless prohibited by Applicable Data Protection Law, Client Personal Data shall not include information or data that is anonymized, aggregated, de-identified and/or compiled on a generic basis and which does not name or identify a specific person.

"Controller", "Consent", "Processor", "Sub-Processor", "Data Subject", "Personal Data", "Processing" or similar terms shall have the meaning given under Applicable Data Protection Law. For the avoidance of doubt, Processor includes without limitation, a "Business" as defined by the CCPA, "Service Provider" as defined by the CCPA, and "business operator handling personal information" as defined by the APPI. For the purposes of this Addendum Processor shall mean ApplicantPro.

"EU-US Data Privacy Framework (EU-U.S. DPF)" means the EU-U.S. Data Privacy Framework Principles, including the Supplemental Principles and Annex I of the Principles issued by the US Department of Commerce effective July 10, 2023.

"Self-certified and participating organization" shall have the same meaning as prescribed under the EU-U.S DPF.

ApplicantPro means the ApplicantPro entity contracting with You in the context of the Agreement together with all relevant Affiliates.

Personal Data Breach means an actual, confirmed breach of security of Client Personal Data that results in the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to such Client Personal Data transmitted, stored or otherwise processed by a Party under the terms of the Agreement.

Standard Contractual Clauses means: (i) where the GDPR applies the contractual clauses annexed to the European Commission's Implementing Decision 2021/914 of 4 June 2021 on standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council (the "EU SCCs"); (ii) where the UK GDPR applies, the applicable standard data protection clauses adopted pursuant to Article 46(2)(c) or (d) of the UK GDPR (the "UK SCCs"); and (iii) where the Swiss DPA applies, the applicable standard data protection clauses issued, approved or otherwise recognized by the Swiss Federal Data Protection and Information Commissioner ("FDPIC")(the "Swiss SCCs").

Technical and Organizational Security measures means those measures as set forth in Appendix B of this Addendum, aimed at protecting Personal Data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing.

UK GDPR means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27th April 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data (General Data Protection Regulation) as it forms part of the law of England and Wales, Scotland and Northern Ireland by virtue of Section 3 of the European Union (Withdrawal) Act 2018 and as amended by subsequent legislation.

UK SCCs Addendum means the standard contractual clauses addendum issued by the UK Secretary of State for the transfer of Personal Data outside the UK and any amendment or replacement of such standard contractual clauses pursuant to Article 46(5) of the GDPR

For purposes of this Addendum all references to "You", "Your" or "Client" shall mean You, the individual or organization accessing the ApplicantPro Site in your capacity as an Employer and the Controller and owner of Your Personal Data (as defined above).

2. Representations and Warranties

2.1 Each Party represents and warrants that it will comply with the requirements of Applicable Data Protection Law as applicable to such Party with respect to the processing of the Client Personal Data.

2.2 Each Party warrants and represents it has no reason to believe that the Data Protection Law prevents it from providing or receiving any services under the Agreement; and

2.3 Each Party warrants and represents it has the corporate power and capacity to perform its obligations under this Addendum

2.4 You represent and warrant to ApplicantPro that:

2.4.1 You shall comply with and provide all of your obligations under this Addendum in accordance with best industry practice;

2.4.2 You have no reason to believe that Applicable Data Protection Law prevents You from entering into this Addendum or fulfilling any of Your obligations under this Agreement;

2.4.3 You have all necessary authorizations to enable or entitle You to enter into this Addendum, including but not limited to instructions, notices, licenses and consents, and that these have been obtained and are in full force and effect and will remain in such force and effect at all times during the subsistence of this Addendum;

2.4.4 You shall only provide processing instructions that are lawful and You shall have sole responsibility for the accuracy, quality, and legality of Client Personal Data and the means by which it was acquired;

2.4.5 neither the execution and delivery of this Addendum nor Your performance of any of Your obligations hereunder violates any (a) law to which You are subject; (b) judgment or order by which You are bound; (c) constitution or other equivalent constituting documents; or (d) other agreement or instrument which is binding on You or Your assets; and

2.5 Prior to transmitting Client Personal Data to ApplicantPro, You shall inform ApplicantPro of any requirements pertaining to the transmitted Client Personal Data.

2.6 ApplicantPro represents and warrants to You that:

2.6.1 it will process the Client Personal Data (as set out in Appendix A) only in accordance with your documented processing instructions which may be given from time to time (including as as set forth in the Agreement and this Addendum), save as otherwise required by law. The Parties agree that the Agreement and this Addendum, along with the Client's configuration of or any use of any settings, features, or options in the services (as the Client may be able to modify from time to time) constitute the Client's complete and final instructions to ApplicantPro in relation to the processing of Client Personal Data (including for the purposes of the SCCs), and processing outside the scope of these instructions (if any) shall require prior written agreement between the Parties. For the avoidance of doubt, the Client acknowledges and agrees that the documented instructions include the processing of Client Personal Data for the purposes of providing, supporting, and improving ApplicantPro services (including to provide insights and other reporting).

2.6.2 it will promptly notify You if ApplicantPro determines that Your processing instruction violates any Applicable Data Protection Law (provided that nothing herein shall require ApplicantPro to provide legal or regulatory advice or monitor Applicable Data Protection Law as they apply to You).

3. Disclosure and Processing of Client Personal Data

3.1 When providing or making available Client Personal Data to ApplicantPro, You shall only disclose or transmit Client Personal Data that is necessary for ApplicantPro to perform the applicable services under the Agreement.

3.2 Following expiration or termination of the provision of services under the Agreement and relating to the processing of Client Personal Data, ApplicantPro shall promptly and securely delete all Client Personal Data (including existing copies) pursuant to its data retention schedule and as required by applicable laws. Notwithstanding the data retention schedule, upon Your written request following the termination of services, ApplicantPro shall destroy all Client Personal Data in our possession, unless otherwise required or permitted by applicable laws.

3.3 All ApplicantPro personnel, including subcontractors, authorized to process the Client Personal Data shall be subject to confidentiality obligations and/or subject to an appropriate statutory obligation of confidentiality.

3.4 You expressly acknowledge and agree that, in the course of providing the services, ApplicantPro may anonymize, aggregate, and/or otherwise de-identify Client Personal Data ("De-Identified Data") and subsequently use and/or disclose such De-Identified Data for the purpose of research, benchmarking, improving ApplicantPro's offerings generally, or for another business purpose authorized by Applicable Data Protection Law provided that ApplicantPro has implemented technical safeguards and business processes designed to prevent the re-identification or inadvertent release of the De-Identified Data.

4. Security Measures

4.1 Each Party shall implement appropriate technical and organizational security measures to safeguard Client Personal Data from unauthorized or unlawful processing, destruction, loss, alteration, damage or disclosure. The Parties agree:

4.1.1 taking into account the ongoing state of technological development, the costs of implementation and the nature, scope, context and purposes of the processing of the Client Personal Data, as well as the likelihood and severity of risk to individuals, that ApplicantPro's implementation of and compliance with the security measures set out in Appendix B ("Technical and Organizational Security Measures") are sufficient to provide a level of security appropriate to the risk in respect of the processing of the Client Personal Data; and

4.1.2 the Technical and Organizational Security Measures implemented pursuant to this clause 4 and Appendix B are subject to technical progress and development and that ApplicantPro regularly reviews and may update or modify them from time to time in order to ensure that the processing of Client Personal Data is performed in accordance with this Addendum and Applicable Data Protection Law.

4.2 Personal Data Breach

If ApplicantPro becomes aware of an actual or suspected Personal Data Breach, of Client Personal Data, ApplicantPro will notify You without undue delay. ApplicantPro will provide You with such information, assistance, cooperation, and taking into account the nature of the services provided and the information available to ApplicantPro, take reasonable commercial steps to: (i) investigate and mitigate the Personal Data Breach and (ii) assist with respect to Your breach notification obligations under any Applicable Data Protection Law. The Parties agree to coordinate in good faith on developing the content of any related public statements and any required notices to the affected data subjects and/or the appropriate regulator in connection with a Personal Data Breach, provided that nothing in this clause shall prevent either party from complying with its obligations under Applicable Data Protection Law.

5. Audits and Inspections

Upon written request, ApplicantPro shall make available to You, no more than once annually and strictly at your own cost, information reasonably necessary to demonstrate ApplicantPro's compliance with its obligations under this Addendum and Applicable Data Protection Law. You shall be solely responsible for determining whether the Services and ApplicantPro's Security Measures as set forth inAppendix B will meet your needs, including with respect to any Data Protection Laws.

6. Data Subject and Supervisory Authority Requests

To the extent required under Applicable Data Protection Law and taking into account the nature of the services provided, ApplicantPro shall:

6.1 provide such assistance to You as is reasonably requested with respect to Your obligations to comply with requests from Your data subjects to exercise their rights under Applicable Data Protection Law. ApplicantPro shall notify You without delay upon receipt of any request by a data subject to exercise his or her rights under Applicable Data Protection Law in respect of any Client Personal Data. ApplicantPro will not independently respond to such requests from Your data subjects except where otherwise required by Applicable Data Protection Law. You undertake to inform ApplicantPro (as the processor / service provider) of any data subject (or consumer) request received and shall provide ApplicantPro with the necessary information to allow ApplicantPro to comply with the request when required to do so; and

6.2 notify You of all enquiries or communications from a competent supervisory authority that ApplicantPro receives which relate to Client Personal Data processed in connection with providing the services and under this Addendum and the Agreement unless prohibited from doing so at law or by a regulator. You shall be responsible for all communications or correspondence with the competent supervisory authority in relation to Your role as Controller of Client Personal Data under Applicable Data Protection Law and, to the extent permitted by law.

7. Privacy Impact Assessments and Prior Consultation

To the extent required under Applicable Data Protection Law and taking into account the nature of the services provided and the information available to ApplicantPro, and to the extent You do not otherwise have access to the relevant information, ApplicantPro shall provide reasonable assistance to You as reasonably requested with respect to Your obligations to conduct privacy / data protection impact assessments with respect to the processing of Client Personal Data.

8. Subprocessors

You generally authorize the engagement of Subprocessors by ApplicantPro and a list of existing Subprocessors (to the extent that Subprocessors shall be used) may be made available on request. ApplicantPro shall enter into a written agreement with each Subprocessor(s) that imposes on the Subprocessor the same data protection obligations that are imposed on ApplicantPro pursuant to this Addendum. You shall promptly, and in any event within 10 business days, notify ApplicantPro in writing of any reasonable objection to such changes / appointment. You acknowledge that ApplicantPro's Subprocessors are essential to provide the services and that if You object to ApplicantPro's use of a Subprocessor, then notwithstanding anything to the contrary in the Agreement, ApplicantPro will not be obligated to provide the services to You for which ApplicantPro uses that Subprocessor and any adjustments required by You shall be at your cost. Any disagreements between the Parties shall be resolved via the contract dispute resolution procedure.

9. Transfers

9.1 Transfers of EEA/Swiss Data

To the extent that GDPR and complementary data protection laws in EU member countries ("EU Data Protection Law") applies to the processing of Client Personal Data, ApplicantPro agrees that it will not transfer Client Personal Data out of the EEA and/or Switzerland to a country that has not been identified by the European Commission or a Supervisory Authority under EU Data Protection Law as a country that provides an adequate level of data protection except where ApplicantPro has ensured appropriate safeguards are in place, such as the Standard Contractual Clauses approved by the European Commission unless otherwise required by applicable law. ApplicantPro and You hereby enter into the Standard Contractual Clauses (as further set out in the Schedule to this Agreement) in respect of such transfers.

9.2 Transfers of UK Data

Subject to subsection 9.4 below, the Parties shall rely on the UK Standard Contractual Clauses as amended from time to time by the Information's Commissioner Office (the "UK SCCs"), to protect Client Personal Data being transferred from the United Kingdom (UK) to a country outside the UK not recognized as providing an adequate level of protection for personal data. You, acting as data exporter, shall execute, or shall procure that Your relevant entities execute, such UK SCCs with the relevant ApplicantPro entity or a third-party entity, acting as a data importer.

9.3 Transfers of non-EEA/Swiss/UK Data

In the event that Client Personal Data is to be transferred outside the country of origin in connection with the provision of Services under the Agreement and this country is not located within the EEA, Switzerland or the United Kingdom, the Parties will work together expeditiously and in good faith to establish the appropriate transfer mechanism to be implemented, as required by applicable Data Protection Law.

9.4 Transfers of non-EEA/Swiss/UK Data

ApplicantPro self-certifies to and complies with the EU-U.S. Data Privacy Framework program (EU-U.S. DPF (which is detailed here: https://www.dataprivacyframework.gov/), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework program (Swiss-U.S. DPF), as administered by the US Department of Commerce, and ApplicantPro shall during the term of the Agreement maintain its self-certification to and compliance with the Frameworks (or successor frameworks) with respect to the Processing of Client Personal Data that is transferred from the EEA, UK or Switzerland to the United States, and provide Customer Personal Information with at least the same level of protection as required under the EU-U.S. DPF, including without limitation the Onward Transfer Principle. ApplicantPro further agrees to process Client Personal Data only (i) for the limited and specified purposes consented to by the data subjects and set out in this Agreement (ii) in accordance with this Agreement, and the EU-U.S DPF Principles and (iii) taking into account the nature of the processing, assists the controller in responding to individuals exercising their rights under the DPF Principles.

9.5 Transfer Mechanism

In the event that the transfer mechanisms agreed by the Parties herein are amended, replaced, or cease to be authorized as a means to provide "adequate protection" with respect to transfers of Client Personal Data, the Parties will work together expeditiously and in good faith to establish another valid transfer mechanism and/or implement supplementary measures as needed to establish appropriate safeguards for such data. Any impacts on the terms of the Agreement and the provision of the services caused by such new requirements will be addressed by the Parties in accordance with Section 16 (Changes in Laws) below.

10. California Consumer Privacy Act

10.1 The following shall apply to the extent that the CCPA is applicable. ApplicantPro shall: (i) not sell or share any Client Personal Data (as defined by CCPA); (ii) not retain, use or disclose any such Client Personal Data for any purpose other than business purpose(s) specified in accordance with the Agreement, unless permitted by law; (iii) not retain, use or disclose such Client Personal Data outside the direct business relationship between ApplicantPro and Client, as set forth in the Agreement, unless otherwise permitted by law; (iv) provide the same level of privacy protection required of Client by the applicable obligations under CCPA for Client Personal Data ; (v) notify the Client if it can no longer meet its obligations under the CCPA and will work with the Client to take reasonable and appropriate steps to stop and remediate unauthorized use of Client Personal Data.

10.2 Client agrees that execution of the Agreement by ApplicantPro shall be deemed to constitute any certification that is required under applicable Data Protection Laws to the restrictions on sale, retention, use, or disclosure of Client Personal Data.

11. Use of Business Contact Information

Each Party consents to the other Party using its Business Contact Information for contract management, payment processing, service offering, and business development purposes, including business development with partners, and such other purposes as set out in the using Party's global data privacy policy (copies of which shall be made available upon request). For such purposes, and notwithstanding anything else set forth in the Agreement or this Addendum with respect to Client Personal Data in general, each Party shall be considered an independent Controller with respect to the other Party's Business Contact Information and shall be entitled to transfer such information to any country where such Party's global organization operates.

12. Disclaimer of Liability

ApplicantPro will not be liable for any claim brought by a data subject arising from or related to ApplicantPro or its Affiliates action or omission to the extent that ApplicantPro was acting in accordance with Your instructions.

13. Governing Terms

13.1 This Addendum represents the entire agreement between the Parties in relation to its subject-matter and all previous representations, agreements and statements are hereby excluded.

13.2 For avoidance of doubt and without prejudice to the rights of any data subjects thereunder, this Addendumand any Standard Contractual Clauses (or other data transfer agreements) that the Parties or their affiliates may enter into in connection with the services provided pursuant to the Agreement will be considered part of the Agreement and the liability terms set forth in the Agreement will apply to all claims arising thereunder.

13.3 In the event of any conflict or ambiguity between terms of this Addendum and terms of the Agreement, the terms of the Addendum shall prevail. In the event of any conflict or ambiguity between terms of this Addendum and terms of the Standard Contractual Clauses, the terms of the Standard Contractual Clauses shall prevail. All other terms and conditions within the Agreement remain unchanged and in full force and effect.

14. Severability

Each and every provision of this Addendum is severable and distinct from the others and if at any time any provision of this is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that will not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of this Addendum.

15. Notices and Variation

All notices, consents, demands, and other communications required or permitted to be given by either Party under this Addendum shall be in writing. No amendment to this Addendum will be effective unless in writing and signed by both Parties.

16. Changes in Laws

In the event of (i) any newly enacted Applicable Data Protection Law, (ii) any change to an existing Applicable Data Protection Law (including generally-accepted interpretations thereof), (iii) any interpretation of a new or existing Applicable Data Protection Law by You, or (iv) any material new or emerging cybersecurity threat, which individually or collectively requires a change in the manner by which ApplicantPro is delivering the services to You, the Parties shall agree in writing upon how ApplicantPro's delivery of the services will be impacted and shall make equitable adjustments to the terms of the Agreement and the Services in accordance with any change procedures as may be agreed to by the Parties.

17. Governing Law and Jurisdiction

17.1 The jurisdiction of this Addendum shall be the jurisdiction of the Agreement. In the event there is no jurisdiction clause in the Agreement, any dispute or claim in connection with this Addendum shall be governed by and construed in accordance with:

17.1.1 the laws of the State of Delaware without regard for its choice of law provisions. The Parties agree to submit to the exclusive jurisdiction of the state or federal courts located in the State of North Carolina. In the event any proceedings, arbitration or legal action is brought by either Party against the other arising out of or in connection with the Agreement, the prevailing Party will be entitled to recover its costs and reasonable attorney's fees. If any provision of the Agreement is held invalid or unenforceable by any court or agency of competent jurisdiction, it will be severed, and the remaining terms of the Agreement shall remain in full force and effect.