Effective December 22, 2022
The following Terms of Service apply to electronic platforms, applications, website and online services ("Platforms") that are owned, operated, or sponsored by the limited liability company WeApply LLC and any of its affiliated organization(s). In these Terms of Service, WeApply LLC and its affiliates are sometimes referred to collectively as "we", "us", or "our." The singular term "Platform" includes all equivalent, mirror, replacement, substitute, or backup Platform, and all information and data made available or communicated via the Platform. The Platform is made available subject to all of these terms and conditions and all of our operating rules, policies and procedures, including, without limitation our Privacy Policy, that may be published from time to time on the Platform by us (collectively referred to as the "Agreement"). This Agreement is not intended to supersede or govern any other terms and conditions or any other operating rules, policies and procedures specific to any other program or service provided by us unless expressly stated by us in connection with such other program or service. Also, you may be required to agree to additional terms and conditions applicable to specific functions and services offered in a Platform. Those additional terms and conditions supplement these Terms of Service, but apply only to your use of such functions and services. Please read this Agreement carefully before accessing or using the Platform. By accessing or using any part of the Platform, you agree to become bound by the terms and conditions of this Agreement.
In addition to these Terms of Service, we have established a Privacy Policy to explain how we collect and use information about you. By accessing or using the Platform, you are also signifying your acknowledgement of our Privacy Policy.Learn more
If you create an account on the Platform, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify us of any unauthorized or suspicious uses of your account or any other breaches of security. We 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.
By creating an account on the Platform, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Platform, or as part of your continued use of the Platform. You agree that any registration information you give to us will be accurate, correct and up to date.
If you communicate, post material, or transfer information using the Platform, post links on the Platform, or otherwise make (or allow any third party to make) material available by means of the Platform (any such material, "Content"), you are entirely responsible for the Content of, and any harm resulting from, that Content. By making Content available, you represent and warrant that:
Communicating, downloading, copying and using the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any person or third-party organization;
You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive material or information;
The Content complies with any applicable third-party terms and conditions you have accepted applicable to the Content or the use of the third-party services needed for your use of the Platform;
The Content is not spam, is not machine-generated or randomly-generated, and does not contain unethical or unwanted commercial content material designed to drive traffic to third party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
The Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
The Content does not consist of unsolicited promotional materials such as spam links on newsgroups, email lists, blogs and web sites, and other similar unsolicited promotional methods;
The Content is not named in a manner that misleads others into thinking that you are another person or company;
You have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by us or otherwise.
We have the right (though not the obligation) to, in our sole discretion, (i) refuse or remove any Content that, in our reasonable opinion, violates any of our policy or procedure or is in any way harmful or objectionable, or (ii) cancel any registration or account to use a Platform, or (iii) terminate or deny access to and use of the Platform to any individual or entity, in each case for any reason and in our sole discretion.
The Platform may offer various applications, reports, packages, employment search services, email notifications and other services (collectively, the “Services”) that provide a venue through which you can obtain job interviews from third-parties, companies or other employers collectively herein referred to as (“Potential Employers”). We do not endorse or recommend the products or services of any Potential Employers, and we are not an agent or advisor to you or any Potential Employers. We do not validate or investigate the licensing, certification or other requirements and qualifications of Potential Employers.
WeApply LLC services are broad in scope and do not guarantee a job-offer, number of interviews or a percentile success of responses from Potential Employers. Your particular preferences, employability, background, references and other variables will have an impact on the actual success of our service and each individual experience may vary based on these variables. Your personal situation is unique and the services on the Platform may not always be appropriate for your situation.
You may only use the Platform pursuant to the terms of this Agreement. You are solely responsible for your use of the Platform and agree to abide by, and comply with, all laws in connection with your use of the Platform, including but not limited to laws related to recording, intellectual property, privacy and export control.
It is your sole responsibility to investigate Potential Employers. You acknowledge and agree that Potential Employers are solely responsible for any interviews, job-offers or other employment related actions that they may provide to you and that we are not liable for any losses, costs, damages or claims in connection with, arising from, or related to, your use of a Potential Employers’ employment contracts, products or any other services. You acknowledge and agree that you rely on your own judgment in pursuing any employment opportunity offered by Potential Employers. Further, you acknowledge and agree that we are not a Potential Employer, financial institution, employment recruiter, or employment guarantor. Our Services are limited to helping connect you with Potential Employers. We do not, and will not, make any employment related decision with any Potential Employer referred to you. We do not make any warranties or representations regarding job acquisition, interview results, employment, employment application results, fees, terms, background checks, contracts or services offered or made available by Potential Employers. We do not guarantee that job acquisition results or, employment offers offered by Potential Employers are the best available. In addition, we do not guarantee that you will be matched with Potential Employers or that interviews or a job-offer will be extended by them.
You acknowledge and agree that we are solely an intermediary between you and potential employers, and we expressly disclaim liability for any content, products or services provided by potential employers. You release us of any and all losses, costs, damages, or cliams in connection with, arising from, or related to your use of a potential employers' job offers, contracts, products or services.
Our Platform may give you the opportunity to fill out an intake form to show your interest in our services that match you with Potential Employers and give you the opportunity to receive interviews or job offers from Potential Employers. By providing your name and contact information, such as your email address and telephone number (a “Match Request”). If you make a Match Request or otherwise provide your telephone number or email address on the Platform, you expressly authorize Potential Employers and WeApply LLC and its affiliates to contact you by telephone, fax and email at the telephone numbers and email addresses provided, for purposes of providing you with the reports, products, interviews, job-offers and services indicated in your Match Request, and for any additional non-marketing or marketing purposes. You agree that such communications may be sent to your mobile phone via automated telephone dialing system, prerecorded calls, text messages, SMS, MMS, and picture messages, even if the phone number is on a corporate, state or national Do Not Call list. Further, you agree to receive marketing emails even if you previously opted out of receiving marketing emails from WeApply LLC, its Platform or specific Potential Employers. You also consent to Potential Employers and WeApply LLC to making automated or prerecorded calls, e-mails or sending text messages to your mobile telephone number using automated technology concerning your Match Request, including but not limited to reminding you about deadlines or confirming your contact information. Without limiting anything in the Privacy Policy, you authorize Potential Employers, and their affiliates and third-party service providers, to conduct all necessary research with your information, including checking your background history, if applicable, for purposes of providing you with your Match Request.
The Platform will match user profiles with available positions that most likely fit their previous professional experience and their preferences. In the unlikely event that there are not enough roles available for a specific candidate the Platform may expand the search criteria in order to reach the desired volume of applications being sent.
The Platform and its AI may in some instance represent the user in order to apply for available positions on their behalf. By using this Platform, you agree that the Platform may represent you to the extent and in order to perform the Platform’s agreed-upon services.
By downloading, accessing or using our Platform, you represent that you are at least eighteen (18) years old or the legal age of majority in your jurisdiction, whichever is greater, that you are a resident of the United States of America, that you are legally allowed to work in the United States of America and that you agree to these Terms and Conditions. The Platform and its contents, including the information available on it, are intended for personal, non-commercial use only and only by U.S. residents. You agree to abide by all applicable federal, state, and local laws and regulations with respect to your use of the Platform, and you shall provide only true, accurate, current, and complete information (and updates thereto) when submitting information through the Platform. You shall only use the Platform as permitted by this Agreement, and you shall not disrupt or intercept electronic information posted on this Platform or on any of our servers or use the Platform for any commercial, illegal, or inappropriate purpose. We reserve the right, in our sole discretion, to change, modify, or eliminate, and restrict or block access to, all or any part of the Platform, without notice, at any time, for any or no reason.
The information, data, software and content viewable on, contained in, or downloadable from the Platform, including, without limitation, all software, text, graphics, charts, pictures, photographs, images, videos, line art, icons and renditions, and their selection, coordination, arrangement, presentation, display and enhancement (collectively, the “Content”) are copyrighted by, or otherwise licensed to, us or our affiliates. All Content is our property or the property of our affiliates and is protected by United States and international copyright laws. You shall not copy, distribute, redistribute, transmission, publication or use, other than the non-commercial use of the Content is permitted by you without our prior written permission. You shall not collect or harvest any personally identifiable information, including account names, from our Services. You shall not use any communication systems provided on our Services for any commercial or solicitation purposes. You shall not solicit for commercial purposes any users of our Services without our prior written permission.
Subject to your agreement to these Terms, we grant you a limited license to access, print, download or otherwise make personal use of the Content in the form of: (I) one machine-readable copy; (II) one backup copy; and (III) one print copy, for your non-commercial use. You may not modify the Content or use it for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble the Content, or transfer the Content to another person or entity. Any action by you that, in our sole discretion: (I) violates the terms and conditions of this Agreement or the Privacy Policy; (II) restricts, inhibits or prevents any access, use or enjoyment of our Services; or (III) through the use of our Services, defames, abuses, harasses, offends or threatens, shall not be permitted, and may result in your loss of the right to access and use our Services. You shall not modify, scrape, embed, frame, spider, deep link or use other similar automated data gathering or extraction tools, program, algorithm or methodology, meta tags or any other “hidden text” to access, acquire, copy or monitor our Platform or any portion of our Website or Services or for any other purpose, without our prior written permission.
The Platform may contain add-on services, hyperlinks or references to third party services and websites that are not our vendors. These third-party websites and services are outside of our control and are operated by third parties. We have not reviewed, and cannot review, all of the material made available through third party online services, websites and webpages to which the Platform links, and that link to the Platform that we are not responsible for, nor shall it be liable to you for your access and use of any such third-party hyperlinks, websites or services. The appearance on the Platform of external online services and hyperlinks, in any form, does not constitute endorsement by us of the opinions or views expressed by any such third-party websites and we do not take responsibility for the accuracy, currency, completeness, or quality of the Content contained at such websites and third-party services. Furthermore, we are not responsible for the quality or delivery of the products or services offered, provided, accessed, or advertised by any third party. As such, we will not be responsible or liable to you in any way for any Content, errors, or omissions, or for the results obtained from the use of any information contained in or provided to those third-party sites. 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. We disclaim any responsibility for any harm resulting from your use of third-party websites and webpages.
The Platform may issue a refund in the event that the agreed-upon service provision cannot be met due to unforeseen circumstance, technological limitations, limited job availability or user prompted cancellation of service. Refund amount will be determined based on the number of unsent applications remaining from the total, and any transaction processing fees. No refunds will be issued for work already performed. Refunds will not be issued to users who have successfully gained employment, or otherwise gainfully benefited from the Platform while using our service.
All cancellations before the completion of service are subject to a $25 early cancellation fee. This early cancellation fee is non-refundable and is designed to cover administrative and data processing expenses incurred by WeApply LLC during the provision of its service.
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. We will terminate a visitor's access to and use of the Platform if, under appropriate circumstances, the visitor is determined to be a repeat infringer of our or other party's copyrights or other intellectual property rights. If you believe that your intellectual property is being used on the Platform in a way that constitutes copyright infringement, please provide our Designated Agent (set forth below) the following information (as required by Section 512(c)(3) of the Digital Millennium Copyright Act):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The information specified above must be sent to our Designated Agent, whose contact information is as follows:
WeApply LLC
Attn: WeApply Legal
Email: service@weapply.net
Please note that Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims. Any information or correspondence that you provide to us may be shared with third parties, including the person who provided us with the allegedly infringing material.
Upon receipt of a bona fide infringement notification by the Designated Agent, it is our policy to remove or disable access to the infringing material, notify the user who posted the material that we have removed or disabled access to the material, and, for repeat offenders, to terminate such user's access to the service.
If you believe that your Content should not have been removed for alleged copyright infringement, you may send our Designated Agent a written counter-notice with the following information: Identification of the copyrighted work that was removed, and the location on the Platform where it would have been found prior to its removal;
A statement, under penalty of perjury, that you have a good faith belief that the Content was removed as a result of a mistake or misidentification; and
Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party, informing that person that we may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.
This Agreement does not transfer from us to you any of our or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with us. All trademarks, service marks, graphics and logos used in connection with the Platform are trademarks or registered trademarks of our organization or other third parties. Your use of the Platform grants you no right or license to reproduce or otherwise use any intellectual property belonging to our organization or other third parties.
To the fullest extent permissible pursuant to applicable law, WeApply LLC, it's subsidiaries and affiliates, and each of their respective officers, directors members, shareholders, eployees, associates, agents, licensors, representatives, and third-party providers will not be liable to you for any compensatory, consquential, incidental, exemplary, drect, indirect, special, punitive, or similar damages, that may result from the use of, access to, or the inability to use, the platform or any materials contained in the platform, whether the material is provided or otherwise supplied by us or any third party.
If, notwithstanding the other provisions of these Terms and Conditions, we are found to be liable to you for any damages or losses arising out of your use of, access to or inability to use the Platform or any material provided or otherwise supplied by us or any third party, our liability shall in no event exceed US $25.00. Note that some jurisdictions do not allow limitations of liability or may place limitations on our ability to limit its liability to you, so the foregoing limitation may not apply to you.
The material provided by the Platform could include technical inaccuracies or other errors. The availability of the Platform may be interrupted due to technical conditions. Your use of the Platform is at your risk. We do not warrant that the functional aspects of the Platform will be uninterrupted or error-free or that the Platform or the servers that make it available are free of viruses or other harmful components. Without limiting the foregoing, everything in the Platform is provided to you "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
This Agreement, and any disputes or claims arising out of or relating to this Agreement, is subject to the laws of the state of California, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
REVIEW THIS SECTION CAREFULLY. AS DESCRIBED BELOW, IT LIMITS: (i) YOUR ABILITY TO LITIGATE CERTAIN CLAIMS IN COURT; (ii) YOUR RIGHT TO HAVE A JURY DECIDE CERTAIN CLAIMS; AND (iii) YOUR ABILITY TO COMBINE CLAIMS AND TO BRING CLAIMS THROUGH CLASS ACTIONS. YOU UNDERSTAND THAT BY USING AND/OR BECOMING A REGISTERED USER OF THE PLATFORM OR SERVICES, YOU CONSENT AND CHOOSE TO HAVE SUCH CLAIMS SUBMITTED TO BINDING ARBITRATION. YOU UNDERSTAND THAT NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.
To the fullest extent permissible pursuant to applicable law, you agree that, except as otherwise set forth in this Section, all Claims (defined as any dispute or controversy arising out of or relating to this Agreement, your use of or inability to use the Platform, Content or services, except the following types of disputes and controversies: (a) any claim seeking to enforce or protect, or concerning the validity of, any of our intellectual property rights; (b) any claim related to, or arising from, allegations of theft, piracy, or unauthorized use; (c) any claim for injunctive relief; and (d) any claim within the jurisdictional limits of the small claims courts) between you and us (and its officers, directors, executives, agents, and employees) shall be resolved through binding arbitration administered by JAMS, pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules in effect at the time the Claim is filed. Each Claim shall be submitted to a single arbitrator selected through mutual agreement of the parties. The arbitrator's decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction or application may be made for judicial acceptance of the award and an order of enforcement. Except as otherwise indicated in this Agreement, the arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, and/or enforceability of this Agreement and any terms or documents incorporated herein, including any claim that all or any part of this Agreement, are void or voidable. The arbitration proceedings shall be held in Los Angeles County, California and shall be subject to this Agreement and the laws of the State of California, United States, without regard to conflicts of law provisions thereof. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action (as defined below), or make an award to any person or entity not a party to the arbitration. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
Before you take a dispute to arbitration or to small claims court, you must first contact us in writing and describe: (a) the nature and basis of the Claim or dispute; and (b) the specific relief sought to give us an opportunity to resolve the dispute. Similarly, before we take a dispute to arbitration, we must first attempt to resolve it by contacting you. If we do not reach an agreement to resolve the claim within sixty (60) days from the date such notification is provided, you or we may commence an arbitration proceeding.
If we prevail before the arbitrator, and if we show that you acted in bad faith in bringing your claim, then we may seek to recover the JAMS' fees and expenses of the arbitrator from you.
Each of us expressly agree that any Claim(s) must be brought in the respective party's individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiffs, or similar proceeding ("Class Action"). Each of us expressly agree to waive any ability to maintain any Class Action in any forum raising a Claim covered by this Section. Notwithstanding any other provision of this Agreement to the contrary, any Claim, dispute, or controversy alleging that all or part of the Class Action waiver contained in this Section is invalid, illegal, unenforceable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
We reserve the right, at its sole discretion, to modify or replace any part of this Agreement. Your continued use of or access to the Platform following the notification of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Platform (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.
We may terminate your access to all or any part of the Platform at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Platform. If you wish to terminate your account (if you have one), please contact service@weapply.net. 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.
You represent and warrant that (i) your use of the Platform will be in strict accordance 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 country in which this Platform resides or the country in which you reside); and (ii) your use of the Platform will not infringe or misappropriate the intellectual property rights of any third party.