Terms of Service

The gist:

We here at Applicant Tracking Software ("Applicant Tracking Software") run an online recruiting service and would love for you to use it. Our service is designed to give you as much control and ownership over what goes on your job listing service as possible. However, be responsible in your use of our software. In particular, make sure that none of the prohibited items listed below appear on your job listing service, or get linked to from your service (things like spam, viruses, or hate content).

Applicant Tracking Software reserves the right to remove any posting(s) if, based on, but not limited to, the following guidelines, the information contained in the posting:

Terms of Service:

The following terms and conditions govern all use of the Applicant Tracking Software website and all content, services and products available at or through the website, including, but not limited to, the Applicant Tracking Software job listing service, (taken together, the Website). The Website is owned and operated by Applicant Tracking Software. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Applicant Tracking Software’s Privacy Policy) and procedures that may be published from time to time on this Site by Applicant Tracking Software (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Applicant Tracking Software, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old. Applicant Tracking Software reserves the right to refuse Service to anyone, or cancel an account, for any reason at any time.

In the event of unauthorized access to or use of personally-identifying information (i.e. data that identifies an individual that compromises the security, confidentiality, availability or integrity of such personally identifying confidential information and does or is reasonably likely to result in misuse of such personally identifying confidential Information ("Security Incident")), in Applicant Tracking Software's possession or control, Applicant Tracking Software agrees to comply with all applicable breach notification laws of the relevant states and to reasonably cooperate with you in your investigation of the Security Incident.

Rules of Conduct As a user of Applicant Tracking Software, you agree that you: Your Applicant Tracking Software Account and Site. If you create an account on the Website, you are responsible for maintaining the security of your account and your job listing service, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the job listing service. You must not describe or assign keywords to your job listing service in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Applicant Tracking Software may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Applicant Tracking Software liability. You must immediately notify Applicant Tracking Software of any unauthorized uses of your job listing service, your account or any other breaches of security. Applicant Tracking Software will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors. If you operate a job listing service, comment on a job listing service, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

By submitting Content to Applicant Tracking Software for inclusion on your Website, you grant Applicant Tracking Software a world-wide, royalty-free, and non-exclusive license to include submitted content on Applicant Tracking Software’s website and/or to reproduce, modify, adapt and publish the Content for the purpose of displaying, distributing and promoting your Content and/or Applicant Tracking Software. If you delete Content, Applicant Tracking Software will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Applicant Tracking Software has the right (though not the obligation) to, at Applicant Tracking Software’s sole discretion (i) refuse or remove any content that, in Applicant Tracking Software’s reasonable opinion, violates any Applicant Tracking Software policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Applicant Tracking Software’s sole discretion. Applicant Tracking Software will have no obligation to provide a refund of any amounts previously paid.

Fees and Payment. Optional premium paid services such as recurring subscriptions, extra storage, job posting advertisements, background checks, domain purchases or other options may be available on the Website. By selecting a premium service, you agree to pay Applicant Tracking Software any fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a given time period as indicated. Premium service and/or subscription fees are not refundable.

Applicant Tracking Software reserves the right, at any time, to change its prices and billing methods for the Service, effective immediately upon posting to the Site or by email delivery to you.

Refund Policy. Applicant Tracking Software is a recurring subscription service, and the service is charged or billed automatically at each renewal date unless you make modifications to your subscription that impact your billing cycle and/or the amount due. When you cancel your Applicant Tracking Software subscription, we will not bill you again, but do not offer refunds or credits for partial or unused terms of service or for upgrades/downgrades. For any upgrade in subscription plan level, the new plan level and fee are effective immediately at the point in time when you upgrade. Downgrading your Service will not result in any refund and may cause the loss of access to content, features, or capacity of your Account. For any upgrade in subscription plan level, the credit card that you provided will automatically be charged at the point in time when you upgrade. Downgrading your Service will not result in any refund and may cause the loss of access to content, features, or capacity of your Account.

Free and Paid Job Boards Applicant Tracking Software offers its users the option to indicate a preference to post an active job posting(s) in a user’s Applicant Tracking Software account to Applicant Tracking Software’s network of free job boards. Applicant Tracking Software also offers its users the option to purchase advertising for an active job posting(s) in a user’s Applicant Tracking Software account to participating members of Applicant Tracking Software’s network of paid online job boards. Each participating member of Applicant Tracking Software’s free and paid job board network has its own set of terms and conditions governing the posting of jobs on its job board website. For this reason, Applicant Tracking Software reserves the right to suppress from free and/or paid syndication any posting for any reason. Suppressing an active job posting from syndication is not a decision we take lightly, but is sometimes necessary due to participating members’ job posting terms and conditions. It is the user's responsibility to ensure that a user's job posting is in compliance with the terms and conditions of any job board (free or paid) the user wishes to post a position to. Applicant Tracking Software will not collect payment from a user for advertising a job posting where Applicant Tracking Software does not and/or cannot syndicate the job posting to the paid job board in question. The participating members of this free and paid online job board network are subject to change.

Responsibility of Website Visitors. Applicant Tracking Software has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Applicant Tracking Software does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Applicant Tracking Software disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Applicant Tracking Software links, and that link to Applicant Tracking Software. Applicant Tracking Software does not have any control over those non-Applicant Tracking Software websites and webpages, and is not responsible for their contents or their use. By linking to a non-Applicant Tracking Software website or webpage, Applicant Tracking Software does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Applicant Tracking Software disclaims any responsibility for any harm resulting from your use of non-Applicant Tracking Software websites and webpages.

Copyright Infringement and DMCA Policy. As Applicant Tracking Software asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Applicant Tracking Software violates your copyright, you are encouraged to notify Applicant Tracking Software in accordance with our Digital Millennium Copyright Act (”DMCA”) Policy. Applicant Tracking Software will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Applicant Tracking Software or others, Applicant Tracking Software may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Applicant Tracking Software will have no obligation to provide a refund of any amounts previously paid to Applicant Tracking Software.

Intellectual Property. This Agreement does not transfer from Applicant Tracking Software to you any Applicant Tracking Software or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Applicant Tracking Software, the Applicant Tracking Software logo, and all other trademarks, service marks, graphics and logos used in connection with Applicant Tracking Software, or the Website are trademarks or registered trademarks of Applicant Tracking Software or Applicant Tracking Software’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Applicant Tracking Software or third-party trademarks.

Reliance on Third-Party Systems Applicant Tracking Software does not store any credit card information from you. Instead, we pass credit card information to our payment gateway, such as Authorize.Net, through a payment management software provider, such as Chargify, and the payment gateway stores it in their system. We are not responsible or liable for any problems that arise as a result of credit card information being misused after we have passed it to our payment gateway for storage by them.

Notices: Except as otherwise provided in this Agreement, notices and other communications under this Agreement shall be in writing and shall be delivered, mailed by first class mail, postage prepaid, or sent by facsimile or electronic mail, addressed, (a) if to you, at the address kept in our files or at such other address as you shall have furnished to us in writing, or (b) if to us, at:

Applicant Tracking Software
PO Box 697
Bartonsville, PA 18321
USA

Your notice must specify your name and Account. Each such notice, request, or other communication shall be effective (i) if given by mail, 72 hours after such communication is deposited in the mails with first class postage prepaid, addressed as aforesaid, (ii) if sent by facsimile or email, when sent and receipt is electronically confirmed or (iii) if given by any other means (including, without limitation, by air courier), when delivered at the address specified above. Oral notices shall be deemed effective on the date reflected in our records.

Service Availability We will make every available effort to keep Applicant Tracking Software Services operational 24 hours a day, 7 days a week. There will be periods of downtime for maintenance and upgrades, and sometimes, for reasons that we did not plan. We will attempt to provide at least 24 hours of notice for scheduled maintenance or downtime, but some downtime may be unscheduled and beyond our control. WE MAKE NO GUARANTEE AS TO UPTIME OR AVAILABILITY OF THE SERVICE.

Email Communications from Applicant Tracking Software to You You agree that Applicant Tracking Software may send email messages to you from time to time regarding planned service downtime, new features, and other communications that we believe our users will want to know about. You may opt out of receiving these emails by using the opt-out link provided in the email or by contacting support@applicant-tracking.com. Some email messages are related to your account status and can only be opted-out of by canceling your Applicant Tracking Software account.

Changes. Applicant Tracking Software reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Applicant Tracking Software may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination. Applicant Tracking Software may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Applicant Tracking Software account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a premium Services account, such account can only be terminated by Applicant Tracking Software if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Applicant Tracking Software’s notice to you thereof; provided that, Applicant Tracking Software can terminate the Website immediately as part of a general shut down of our service. 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.

Disclaimer of Warranties. The Website is provided “as is”. Applicant Tracking Software and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Applicant Tracking Software nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, we salute you. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability. In no event shall Applicant Tracking Software, its parents, subsidiaries, affiliates and their respective members, managers, directors, officers, employees, stockholders, or agents be liable for any damages including, but not limited to, direct, compensatory, indirect, incidental, consequential, special, exemplary, or punitive damages (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of or relating to (i) your inability to use the materials, content, services or accounts; (ii) your misuse of the materials, content services or accounts; (iii) nonperformance or a failure of the services caused by acts or omissions of another service provider, (iv) equipment or software failure or modification; (v) telecommunications or computer equipment failures, or (vi) acts of God, or other causes beyond our reasonable control. The foregoing shall apply even if Applicant Tracking Software has been advised of the possibility of such damages. Applicant Tracking Software also makes no representations or warranties that your access to and use of the site, materials, content, services and accounts (1) will be uninterrupted or error free; (2) is free of viruses, unauthorized code, or other harmful components; (3) is secure; or (4) will meet your satisfaction. You are responsible for taking all precautions you believe necessary or advisable to protect you against any claim, damage, loss or hazard that may arise by virtue of your use of the site, materials, content, service and account.

In no event shall Applicant Tracking Software, its parents, subsidiaries, affiliates and their respective members, managers, directors, officers, employees, stockholders, agents and any underlying carrier be liable for injuries to persons or property arising from use of the services, or any equipment used in connection with the services.

If, notwithstanding the other terms of this agreement, Applicant Tracking Software should have any liability to you or any third party for any loss, harm or damage, you and Applicant Tracking Software agree that in no event shall liability of Applicant Tracking Software to you for any reason exceed our service charges during the affected period giving rise to such liability.

You and Applicant Tracking Software agree that this section of the agreement, "Limitation of Liability", is an agreed allocation of risk between you and Applicant Tracking Software You acknowledge that, absent your agreement to this Limitation of Liability, Applicant Tracking Software would not provide the site, materials, content, services, or accounts to you.

General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Applicant Tracking Software Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification. You agree to defend, indemnify, and hold harmless Applicant Tracking Software, its parents, subsidiaries, affiliates, and their respective members, managers, directors, officers, employees, stockholders, agents and any underlying carrier, harmless from and against any and all claims, expenses or damages (including attorneys' fees), whether known or unknown, arising from, incurred as a result of, or in any manner related to (a) your use of the Services, (b) any other person's use of any account you maintain, or (c) your promises or statements made in this agreement. You hereby agree to waive all laws that may limit the effectiveness of the foregoing releases. This indemnification shall apply to the fullest extend permitted by law and shall survive termination of this agreement.

Miscellaneous. This Agreement constitutes the entire agreement between Applicant Tracking Software and you (sometimes collectively referred to as the “parties”) concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Applicant Tracking Software, or by the posting by Applicant Tracking Software of a revised version. Except with respect to any dispute involving a party’s intellectual property rights, all disputes arising under this Agreement or relating to use of the Website shall promptly be submitted to arbitration in Northampton County, Pennsylvania, before one arbitrator (who need not be AAA personnel) in accordance with the rules of the American Arbitration Association. The arbitrator may assess costs, including counsel fees, in such manner as the arbitrator deems fair and equitable. The award of the arbitrator shall be final and binding upon all parties, and judgment upon the award may be entered in any court of competent jurisdiction, unless otherwise provided herein. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to the conflicts of laws doctrine of such state. Jurisdiction and venue over any intellectual property dispute arising under this Agreement shall lie with the Northampton County Court of Common Pleas or the United States District Court for the Eastern District of Pennsylvania. The parties waive any objections to such jurisdiction. Should either party attempt to resolve an intellectual property dispute by any method other than pursuant to this section, the responding party is entitled to recover from the initiating party all damages, expenses and attorneys’ fees incurred as a result of that breach. Any party to this Agreement who breaches the intellectual property provisions of this Agreement shall be liable for all expenses, including costs and attorneys’ fees, incurred by the Company to enforce this Agreement, regardless of the outcome of the matter. In addition, the prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect Applicant Tracking Software’s original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Applicant Tracking Software may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties and their respective and applicable successors, personal representatives, heirs and permitted assigns.  

Information for Job Applicants

If you have applied for a job at a website that contains "applicant-tracking.com" in the URL, please read this important information. Applicant Tracking Software is online applicant tracking software that provides employers with a tool to post jobs online and manage their applicants. We are not a job board. Part of Applicant Tracking Software's software services include providing Users with a job listings page where applicants can apply to that User's posted jobs. A Applicant Tracking Software sponsored job listings page will be formatted with the User's company name or designated URL followed by ".applicant-tracking.com" (for example, a User who creates an account for their company XYZ Inc. might have a job listings page at the URL "https://xyz-inc.applicant-tracking.com").

Applicant Tracking Software has not reviewed, and cannot review, all of the material posted to the Website, including job listings posted by its Users, and disclaims responsibility for that material’s content, use or effects. If you encounter any material posted to the Website that you feel is inappropriate or questionable, please contact support@applicant-tracking.com.

Users of Applicant Tracking Software's software may utilize the software to send emails and otherwise communicate with applicants. Applicant Tracking Software has not reviewed, and cannot review, communications in any format between its Users and Users' applicants. Applicant Tracking Software disclaims any responsibility for any and all communications between its Users and Users’ applicants. If you feel that any communications you receive from Users of Applicant Tracking Software software sent on behalf of our Users contain any material that is questionable, please contact support@applicant-tracking.com. Email communications powered by Applicant Tracking Software that are sent on behalf of our Users can be identified by a footer in the email characterizing the email as sent by Applicant Tracking Software on behalf of a User.

Employers should never ask applicants for payment of any kind. If you receive a request for payment of any kind from a User of Applicant Tracking Software, please contact us by email at support@applicant-tracking.com. If you believe yourself to be the victim of internet job fraud, you may file a complaint with the Internet Crime Complaint Center (IC3).