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PLEASE READ OUR TERMS OF USE WITH CARE. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.

These Terms of Use apply to your access to, and use of, all or part of any website or mobile application of APPLYment LLC (a limited liability company)(hereinafter “APPLYment”) or its subsidiaries and affiliated companies and any other site, mobile application or online service where these Terms of Use are posted (collectively, the “Site”). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Applyment for products, services or otherwise. This agreement contains disclaimers and other provisions that limit our liability to you.

These Terms of Use may apply to you individually (“Personal User”), the business or other legal entity user you represent (“Business User”), or both. If you are using the Site or Services on behalf of a company or other legal entity (i.e. a Business User), you hereby represent and warrant that you have the authority to enter into these Terms of Use on behalf of the Business User. Notwithstanding the foregoing, these Terms of Use shall not apply to any Business User that has an existing agreement with us to the extent such other agreement governs such Business User’s use of the applicable Services. Furthermore, if you are a natural person using the Site or Services on behalf of a company or other legal entity, you (as a Personal User) are nevertheless individually bound by these Terms of Use even if your company has a separate agreement with us. As used in these Terms of Use and unless separately identified as applicable to either a Personal User or Business User only, “you” and “your” refer to both you individually (Personal User) and, to the extent these Terms of Use apply, the company on behalf of which you are entering into these Terms (Business User).

CONFLICTS OR INCONSISTENCIES

In the event there is any conflict or inconsistency (there probably won’t be but) between these Terms of Use and any other terms of use that appear on the Site, these Terms of Use will govern. However, if you navigate away from the Site to a third party site, you may be subject to alternative terms and conditions of use, as may be specified on such site, which will govern your use of that site.

We will do our best to provide accurate and up to date information about APPLYment, but you should not assume that the information is always up to date.

APPLYment reserves the right to change or modify these Terms of Use or any policy or guideline of the Site, at any time and in its sole discretion. If we make material changes to these Terms of Use, we will inform you by posting a notice on the Site(s). Any changes or modifications will be effective immediately upon posting the revisions to the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site will confirm your acceptance of such changes or modifications; therefore, you should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to your use of our Site. If you do not agree to the amended terms, you must stop using the Site.

ELIGIBILITY, REGISTRATION, LIMITED LICENSE

APPLYment is not targeted towards, nor intended for use by, anyone under the age of 13. YOU MUST BE AT LEAST AGE 13 TO ACCESS AND USE THE SITE. If you are between the ages of 13 and 18, you may only use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

In order to participate in certain areas of our Site, you will need to register for an account. You agree to (a) create only one account; (b) provide accurate, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (e) promptly notify APPLYment if you discover or otherwise suspect any security breaches relating to the Site; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.

Subject to the terms and conditions herein, APPLYment grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license and right to access the APPLYment Site and the services through a web browser of your choice, mobile device or an APPLYment authorized application to view content and information and otherwise use the Services to the extent intended and permitted. You may not resell our Services, permit other users access to our Services through your account, or use the Services to host content for others. This license is personal to you. You may not copy or download any content from the Site or Services except with the prior written consent of APPLYment. You acknowledge that, except as otherwise may have been expressly provided, these Terms are solely between you and APPLYment.

Furthermore, without the prior written approval of APPLYment, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of our Site content or Services. Any commercial use of the Site or Services not expressly authorized is prohibited. You agree not to remove, obscure, or alter copyright, trademark, or other proprietary rights notices affixed to the Site or Services. Please note that your rights are subject to your compliance with these Terms as well as any other agreements applicable to the Services you are using.

Distributing or making unauthorized copies of Site content or otherwise violating these Terms may result in the termination of your APPLYment account, prohibition on use of the Services, and further legal action. The Site and Services provided by APPLYment are not sold, but, instead, licensed. The Site and Services, and all copies of the Site and Services, are owned by APPLYment and are protected by various intellectual property laws, including, but not limited to, copyright and trade secret laws.

APPLYment reserves all rights not expressly granted to you herein. You agree that you have no right to any APPLYment trademark or service mark and may not use any such mark in any way unless expressly authorized by APPLYment. APPLYment reserves the right to limit the use of or access to the Site or Services, in its sole discretion in order to maintain the performance and availability of the Site and to enforce these Terms of Service.

FEES & PAYMENT TERMS

If you are a paying customer of any service that we offer for a fee (“Paid Services”), you agree to pay the applicable fees for the Paid Services when due plus all related taxes, when applicable. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. You agree to reimburse us for all collection costs, including attorney fees, and interest (at the maximum legal rate) for any overdue amounts. Unless otherwise denoted, all fees are assessed in U.S. dollars. You agree that APPLYment and its third-party service providers providing payment processing services may store your payment information. We may charge your payment information for subsequent charges you authorize. In the event the payment method you use with us reaches its expiration date and you do not edit the applicable information or cancel such Paid Service, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts.

Upon purchasing a subscription to the APPLYment platform, you will be billed for your first month immediately upon purchasing a subscription account. In the event you purchase your subscription on a day other than the first (1st) of the month, the initial amount owed will be prorated according to the date of purchase. Unless otherwise set forth on an applicable ordering document incorporating these Terms, the Services are billed in advance on a monthly basis and are non-refundable. For any upgrade or downgrade in plan level, your payment information will automatically be charged the new rate on your next billing cycle in addition to the prorated change in the amount of your subscription for the remainder of the current billing cycle. Your subscription account shall automatically renew, provided that you may cancel the subscription any time before the end of the current billing period and the cancellation will take effect on the next billing period. You shall retain access to such Paid Services from the time you cancel until the start of the next billing period, but you will not receive a refund or credit for any days remaining in your current billing period.

APPLYment may offer certain customers free trials to Paid Services. If you purchase a subscription to a Paid Service that includes a free trial, you will receive free access to such Paid Service for the duration of the free trial period. At the end of the applicable free trial period, you will be charged the price of the subscription for such Paid Service and may continue to be charged until you cancel your subscription. To avoid charges, you must cancel before the end of the free trial period.

Failure to pay may result in the termination of your subscription. You may cancel or suspend your Paid Services by contacting APPLYment at support@APPLYment.com should you have any issues cancelling on your account dashboard. Unless expressly stated otherwise, we do not guarantee refunds for lack of usage, dissatisfaction or any other reason. Paid Services may be subject to additional terms, in addition to these Terms, related to the provision of the Paid Service.

PRIVACY

Please read the Privacy Policy carefully to learn more about how APPLYment collects, discloses and uses personally identifiable information from its users. Please be aware that by accessing or using the Sites, you consent to all actions that we take with respect to your data consistent with our Privacy Policy.

USE OF OUR SERVICES

APPLYment is not liable for your bad day, you losing your dog, corruption, alteration or removal of any content transmitted using our Site or Services. By using APPLYment, you expressly waive the right to seek damages and agree to hold APPLYment harmless for any such loss, alteration, corruption or removal. You further acknowledge and agree that you are solely responsible for retaining all records and reconciling all transactional information relating to your use of the Site or Services.

APPLYment may from time to time modify or discontinue, temporarily or permanently, all or any part of the Site, Services, or your account, with or without notice, and you hereby agree that APPLYment will not be liable to you or any third party for any such modification, suspension or discontinuance. Our Services are not intended to be used in countries where offering or providing these Services is illegal, and we do not offer our Services in North Korea and a remote portion of Siberia.

If you don’t like what we are saying, you may terminate these Terms by terminating your use of the Site and Services and any related account.

DISCLAIMER

Although highly unlikely, the materials and information on the Site may include technical inaccuracies or typographical errors. The materials, information and services on the Site are provided “as is” without any conditions, warranties or other terms of any kind. Also, to the maximum extent permitted by applicable law (and by the powers of Greyskull), APPLYment disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, availability, that the Site and Site Materials are free from viruses, and non-infringement as to the Site and the information, content and materials contained therein.

COPYRIGHT AND LIMITED LICENSE

Unless otherwise noted, the Site and all the content and materials therein, including, but not limited to, the APPLYment logo and all designs, text, layout, graphics, pictures, information, data, software, algorithms, audio files, dance routines, chants, slogans, other files and the selection and arrangement thereof (collectively, "Site Materials") are the proprietary property of APPLYment or its licensors or users and are protected by U.S. and international copyright laws.

You are granted a limited, non-sublicensable license to access and use the Site and Site Materials for personal, business, and informational purposes only. Such license is subject to the Terms of Use and does not include: (a) any resale or commercial use of the Site or Site Materials; (b) the distribution, public performance or public display of any Site Materials; (c) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; (f) wearing white after labor day; or (g) any use of the Site or the Site Materials other than for their intended purpose. Any use of the Site or Site Materials other than as specifically authorized herein, without the prior written permission of APPLYment, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”)

If you believe any material available via the Site infringes a copyright you own or control, you may file a notification of such infringement by contacting us via email at contact@APPLYment.com. The subject of the email should be titled “Copyright Notification”.

You can take a look at 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Listen up, if you knowingly misrepresent in any way that the material or activity is infringing, you will be liable for any damages, including attorneys' fees and costs, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

In accordance with the DMCA and other applicable law, APPLYment has adopted a policy of terminating a visitor’s/user’s/subscriber's access to and use of the Site if, under appropriate circumstances, the visitor/user/subscriber is determined to be a repeat infringer of the copyrights or other intellectual property rights of APPLYment or others. In the case of such termination, APPLYment will have no obligation to provide a refund of any amounts previously paid to APPLYment.

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