Standard Terms of Use

The following terms of use (the “Terms of Use”) shall be incorporated by this reference into each Service Schedule. All references in the SaaS Terms to “Service Schedule” shall be deemed to include the Service Schedule, the SaaS Terms and Conditions, and these Terms of Use. All capitalized terms in these Terms of Use shall have the meaning given in the Service Schedule unless otherwise indicated. ApplyMetrics may from time to time modify these Terms of Use, either by posting the revised Terms of Use at this link or by delivering written notice of such modification to Customer as provided in the Service Schedule. Customer’s use of the Services following such modification shall be deemed to be Customer’s acceptance of any such modification.

1. Activation and Use of the Services

1.1 LinkedIn® API Terms Of Use. ApplyMetrics is a provider of a software solution that provides some functionality allowing companies and individuals to access LinkedIn® APIs in a simple and easy manner. It is the responsibility of the Customer of ApplyMetrics to review the LinkedIn® API Terms Of Use and accept these conditions. The Customer in accepting and conforming to the LinkedIn® API terms of use, agrees that, if requested to do so by LinkedIn®, ApplyMetrics can withdraw the service from a Customer. Any changes to the LinkedIn® terms of use may impact the Customer's Service. In that event all efforts will be made by ApplyMetrics to continue to provide a solution - allbeit limited in functionality. ApplyMetrics will not be held liable for any changes to our services as a results of changes to LinkedIn®'s terms of use or by the clients non-conformance to these said terms.

1.2 Account Access. On or before the Effective Date of the Service Schedule, ApplyMetrics shall provide Customer with an account name and a password that will allow access to the Services. Customer shall be responsible for any and all activities conducted through its account, whether or not such activities have been authorized by Customer.

1.3 Registration Information. Upon ApplyMetrics’s request, Customer shall provide ApplyMetrics with accurate and complete registration information with respect to Customer’s use of the Services (including the identity, email addresses, and passwords of Customer’s authorized hosted list administrators) and to promptly update such information as changes occur.

1.4 Content. Customer acknowledges that ApplyMetrics is not responsible for and does not give any assurance to any person with respect to the validity, value, usefulness, or accuracy of any Content. Customer and any person using the Services shall solely and exclusively bear any risk associated with Content.

1.5 Lawful Use. Customer agrees to use the Services only for lawful purposes. Customer agrees that ApplyMetrics (in its sole discretion) may monitor any and all aspects of the Services for the purpose of auditing compliance with the Service Schedule. Customer will inform its users that their use of the Services will constitute consent to such monitoring. If Customer or any of its users restricts or inhibits any other customer or user of the Services, then ApplyMetrics may, in its sole reasonable discretion, terminate or suspend the right of Customer or Customer's user to use the Services.

1.6 Customer Responsibilities. Customer shall be responsible for any failure to achieve volume or other commitments (as set forth in a Service Schedule) that results from Customer’s failure to comply with these Terms of Use and/or ApplyMetrics’s exercise of any remedy available to ApplyMetrics for such failure. Customer shall not be entitled to any refund, credit, or other relief for Services that are not provided due to ApplyMetrics’s exercise of any remedy available to ApplyMetrics under the applicable Service.

1.7 ApplyMetrics Right to Monitor. ApplyMetrics shall have the right to periodically monitor and/or review Customer’s compliance with these Terms of Use.

2.1 Other Unacceptable Uses.Additionally, Customer may not use the Services to:

2.1.1 Send application with an invalid recruiter address.

2.1.2 Harass; threaten; embarrass; or cause distress, unwanted attention, or discomfort to a person or entity.

2.1.3 Post or transmit sexually explicit images or other Content that is deemed by ApplyMetrics to be offensive.

2.1.4 Transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content that is racially, ethnically, or otherwise objectionable, or that infringes upon the rights of any third party, as determined by ApplyMetrics.

2.1.5 Impersonate any person, including but not limited to, an official of ApplyMetrics or an information provider, or communicate under a false name or a name that Customer are not entitled or authorized to use.

2.1.6 Intentionally or unintentionally violate any applicable local, state, national, or international law, including but not limited to any regulations having the force of law.

2.1.7 Transmit any virus, malicious code, or anything destructive to a recipient’s computer.

2.1.8 Exceed any volume limitations included in the applicable Service Schedule.

2.2 Suspension of Services. ApplyMetrics shall have the right to suspend performance of its Services described in a Service Schedule in the event that Customer’s application rate that is beyond the levels acceptable, for any Customer use of the Services that ApplyMetrics reasonably determines is in violation of these Terms or Use or is necessary to avoid damage to ApplyMetrics’s systems, reputation, or business. Following any such suspension, the Service shall not be reinstated until ApplyMetrics is reasonably satisfied that the activities resulting in such suspension have been cured or shall cease. If Customer fails to so cure such activities within 30 days following the suspension, ApplyMetrics shall have the right to immediately terminate the applicable Service Schedule upon written notice to Customer.

2.2 Staffing companies (or any company that aggregates job listings across multiple companies) may not use Profile API unless they have permission from LinkedIn via a Partner Program or Vetted Access membership.

2.2.1 Staffing companies (or any company that aggregates job listing across multiple companies) are not permitted to use any other plan from ApplyMetrics other than the unlimited plan.

Updated: August 30th, 2014