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Terms of Use | ApplyRapid

Terms of Use

Welcome to the web site (the “Web Site”) of ApplyRapid, Inc. (the “Company”). Where appropriate, the term “Company” refers both to the Company and its affiliates.

All users of www.applyrapid.com are subject to the following terms and conditions of use (these “Terms of Use”).

Please read the following Terms of Use carefully because they will apply to your access to and use of the Web Site, and constitute a legally binding agreement between you and the Company.  If you do not accept these Terms of Use, you will not be able to use the Web Site. Please note that you may not use the Web Site and may not accept these Terms of Use if you are a person barred from using the Web Site under the laws of the United States, are outside of the United States, or are under the age of 13. 

The Company may revise and update these Terms of Use at any time without notice by posting the amended terms to the Web Site.  Your continued use of the Web Site means that you accept and agree to the revised Terms of Use.  If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with the Web Site, your sole and exclusive remedy is to discontinue using the Web Site. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE “TERMS OF USE” HYPERLINK LOCATED ON THE WEB SITE.

1. INTRODUCTION TO THE WEB SITE

The Web Site provides a method for you to submit applications and other information to certain entities, such as universities, banks, governmental authorities, etc. (each, a “Requestor”).  You can store your personal information on the Web Site in your personal “vault.”  You may search on the Web Site for certain Requestors.  No Requestor may access the information stored in your vault until you authorize such Requestor to access such information.  You may elect to provide access to only certain items of your personal information and/or for only certain periods of time (e.g. you may authorize Requester A to access your credit score and home address only for 30 days). 

If you have a transaction with a Requestor (such as an application fee), the transaction may be processed through the Web Site or through the Requestor’s other payment methods.

2. YOUR ACCOUNT

You must provide accurate, complete and current information on your account.  You are not required to submit information for all categories; you may choose which information you provide.  You are responsible for the security of your password.

The Company reserves the right to restrict who is eligible for an account.  The Company reserves the right to determine who may qualify for an account and reserves the right to reject or revoke any account at any time without liability. 

3. REQUESTOR ACCESS

You may use the services to share certain specified portions of your information with certain Requestors and you may use the services to communicate with such Requestors.  You understand that any decision to use the services in such ways is entirely voluntary.  By participating, you are expressly authorizing the Company to share and transmit your information and communications in accordance with your instructions. 

Please noteThe Company is relying on you to review and assess the qualifications of the Requestors.  Although the Company verifies that each Requestor has a valid Dunn and Bradstreet number, the Company does not examine the credentials of, perform background checks on, evaluate or verify the reasons for requests for information by, or give its endorsement to any Requestor. Nor does the Company have any control or responsibility over how each Requestor will use any information you provide to them through the Web Site and/or whether you will qualify for any program, job, service or offer from any Requestor.  You authorize the Company to provide information to each Requestor at your own risk, and you acknowledge and agree that the Company shall have no liability to you or any third party in connection with the Company providing information pursuant to your instructions.

4. USE OF THE WEB SITE

The Web Site may contain forums, bulletin board services, message boards, communities, information, images, text and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a specific group of Requestors. You agree to use the Web Site only for lawful purposes.

(a)  You agree not to do any of the following: (1) upload to or transmit on the Web Site any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use the Web Site to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept content or messages not intended for you; (4) misrepresent an affiliation with, or otherwise impersonate, any person or organization; (5) upload to or transmit on the Web Site any advertisements or solicitations of business, unless approved in advance by the Company; (6) restrict or inhibit use of the Web Site by others, including disrupting the normal flow of dialogue, causing a screen to scroll faster than other users are able to type, or otherwise acting in a way which affects the ability of other people to engage in real time activities via the Web Site; (7) upload or otherwise transmit files that contain a virus or corrupted data; (8) collect information about others (including e-mail addresses) without their consent; (9) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Web Site or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Web Site); (10) post “spam,” transmit chain letters or engage in other similar activities; (11) advocate illegal activity or discusses an intent to commit an illegal act; (12) seek to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (13) disobey any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of the Web Site or any networks connected to the Web Site; (14) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded; or (15) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Web Site, or which, as determined by the Company, may harm the Company or users of the Web Site or expose them to liability.

(b)  You understand and acknowledge that you are responsible for whatever content you submit, including but not limited to your personal information and you, not the Company, have full responsibility for such content, including its legality, reliability and appropriateness.  By uploading or otherwise transmitting material to any aspect of the Web Site, you warrant that the material is your own, is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to the Web Site.

(c)  Any content and/or opinions uploaded, expressed or submitted to a message board, forum, or any other publicly available section of the Web Site (including password-protected areas), and all articles and responses to questions, other than the content provided by the Company, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of the Company. All information publicly or privately transmitted through the Web Site is the sole responsibility of the person from whom such information originated and the Company will not be liable for any errors or omissions in content.  The Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Web Site or the authenticity of the data provided by other users. 

(d)  The Company reserves the right, but does not assume any responsibility, to (1) remove any material posted on the Web Site which the Company, in its sole discretion, deems inconsistent with the foregoing commitments, including any material the Company has been notified, or has reason to believe, constitutes copyright infringement; (2) terminate any user’s access to all or part of the Web Site; and (3) reformat, excerpt or translate any content submitted by you.  However, the Company can neither review all material before it is posted on the Web Site nor ensure prompt removal of objectionable material after it has been posted.  Accordingly, the Company assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties.  The Company reserves the right to take any action it deems necessary to protect the personal safety of users of the Web Site and the public; however, the Company has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.

(e)  The Company does not currently charge for your use of the Web Site.  The Company reserves the right to charge for the Web Site in the future.

(f)  Your failure to comply with the provisions of these Terms of Use may result in the termination of your access to the Web Site and may expose you to civil and/or criminal liability.

5. TERMINATION OR RESTRICTION OF ACCESS

The Company reserves the right, in its sole discretion, to terminate your access to any or all of the Web Site or any portion thereof at any time, without notice. Your right to access the Web Site is effective until terminated by you or by the Company, which may be done at any time. Upon termination, you shall cease to use the Web Site in its entirety.  The Company may terminate your rights to access the Web Site without any liability if you fail to comply with these Terms of Use.  Accordingly, you are solely responsible for maintaining your own copies of any information you may submit to the Web Site or of any communications received through the Web Site.  The Company assumes no liability for any information removed from the Web Site.  Unless you have terminated your account in accordance with these Terms of Use, the Company also has the right to maintain a copy of all information associated with your account in accordance with its document retention and destruction policies

6. COPYRIGHT RESTRICTIONS/USE OF CONTENT

The Web Site (including all information, software, text, displays, images, video and audio) is proprietary to the Company or its affiliates or licensors and is protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights.  You are authorized to use the content on the Web Site only for personal use related to your role as a current or prospective customer or advertiser of the Company.  You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on the Web Site without the prior written consent of the Company, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages from the Web Site; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials.  Neither title nor any intellectual property rights to any information or material in the Web Site are transferred to you, but remain with the Company or the applicable owner of such content.  Except as expressly authorized by the Company in writing, you may not reproduce, sell or exploit for any commercial purposes (i) any part of the Web Site; (ii) access to the Web Site; or (iii) use of the Web Site.

You may not (and may not authorize any party to) (a) co-brand the Web Site, or (b) frame the Web Site or any web page related thereto without the express prior written permission of an authorized representative of the Company.  For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish or distribute the Web Site or content accessible within the Web Site.  You agree to cooperate with the Company in causing any unauthorized co-branding, framing or hyperlinking immediately to cease. In addition, you may not use the Web Site in any manner which could disable, overburden, damage or impair the Web Site or interfere with any other party's use and enjoyment of the Web Site. You may not obtain or attempt to obtain any materials, content or information through any means not intentionally made available or provided for through the Web Site.

7. TRADEMARKS AND PROPRIETARY INFORMATION

The Company name, the term ApplyRapid, the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company and/or its affiliates.  You may not use such marks without the prior written permission of the Company.  All other names, brands and marks are used for identification purposes only and may be the trademarks or registered trademarks of their respective owners. The Company and any party that provides trademarks, service marks, logos, and copyrighted works to the Company retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing on the Web Site.  All rights are reserved.

The material and content provided by the Company through the Web Site is that of the Company or the party who provided or licensed the content to the Company. The Company and any such providing party retain all right, title and interest in the content. Accordingly, the content may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of the Company.

8. LIMITED LICENSE; RESTRICTIONS ON USE

The Company hereby grants you a limited, non-exclusive, non-transferable license to access and use the Web Site and the content provided by the Company. You agree that you will not, and will not allow any third party to: (a) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Web Site, unless otherwise permitted, (b) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Web Site, (c) use the Web Site to access, copy, transfer, transcode or re-transmit content in violation of any law or third party rights, or (d) remove, obscure, or alter the Company’s or any third party's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Web Site.

9. DISCLAIMER

YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK. THE CONTENT AND WEB SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT: (a) YOUR USE OF THE WEB SITE WILL MEET YOUR REQUIREMENTS; (b) YOUR USE OF THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE; (d) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED; OR (e) THAT THE REQUESTORS WILL PROVIDE ANY PRODUCTS, SERVICES, JOBS OR OTHER OFFERS TO YOU IN CONNECTION WITH INFORMATION SUBMITTED THROUGH THE WEB SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. 

MOREOVER, THE COMPANY DISCLAIMS ALL LIABILITY WITH RESPECT TO ANY REQUESTER.  REQUESTORS ARE NOT UNDER THE CONTROL OF THE COMPANY AND ARE ONLY PROVIDED AS A CONVENIENCE FOR USERS. 

10. LIABILITY OF THE COMPANY AND ITS LICENSORS

IN NO EVENT WILL THE COMPANY OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEB SITE, THE CONTENT, ANY OTHER SERVICES PROVIDED ON OR THROUGH THE WEB SITE OR ANY LINKED SITE, WHETHER BY THE COMPANY OR A THIRD PARTY, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, DEATH, LOST PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE OF GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE, THE CONTENT OR SERVICES SUSTAINED BY ANY PERSON OR ENTITY, WHETHER OR NOT THERE IS NEGLIGENCE BY THE COMPANY AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE SERVICE GIVING RISE TO THE CLAIM.

ADDITIONALLY, THE COMPANY WILL NOT BE LIABLE FOR THE UNAUTHORIZED DISCLOSURE OF YOUR INFORMATION BY ANY THIRD PARTY, INCLUDING ANY REQUESTOR.   YOU PROVIDE INFORMATION TO EACH REQUESTOR AT YOUR OWN RISK.

11. INDEMNIFICATION

You agree to indemnify and hold harmless the Company and its officers, directors, employees, agents, affiliates, third party information providers, licensors, contractors and others involved in the Web Site or the delivery of products, services or information through the Web Site (collectively, “Indemnified Parties”), from any breach of these Terms of Use by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your provision of the information accessed from or through the Web Site.

12. PRIVACY; PROTECTION OF PERSONAL INFORMATION AND SECURITY

When you provide information on the Web Site, you give the Company a license to use and distribute that information to Requestors that you choose.  The Company’s use of your personal information and your responsibilities in connection with protecting your privacy are described in the Company’s Privacy Policy, which is incorporated by reference into these Terms of Use.

You are prohibited from using any services or facilities provided in connection with the Web Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, the Company reserves the right to release your details to system administrators at other web sites in order to assist them in resolving security incidents. The Company reserves the right to investigate suspected violations of these Terms of Use.

The Company reserves the right to cooperate fully with any law enforcement authorities or court orders requesting or directing the Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THESE TERMS OF USE YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

13. COMMENTS AND SUBMISSIONS

The Company welcomes your comments.  You understand that any postings, or content submitted for posting, to publicly available portions of the Web Site are non‑confidential for all purposes.

You hereby grant to the Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to the Company related to the performance, use or operation of the Web Site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. The Company will not be required to treat any Submission as confidential, and may use any Submission in its operation (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations.

14. THIRD PARTY LINKS

The Web Site may link to other web sites which are not maintained by or related to the Company, including but not limited to, links to the web sites of the Requestors. Hyperlinks to such web sites are provided as a service to users and are not sponsored by or affiliated with the Company and the Company has not reviewed any or all of such web sites and is not responsible for the content of those web sites. The Company is not responsible for and does not endorse the content, products, services or practices of any third party web sites, including, without limitation, web sites framed within the Web Site or third party advertisements, and does not make any representations regarding their quality, content or accuracy. The Company makes no representations or warranties as to the security of any third party web site and your use of third party web sites is at your own risk and subject to the terms and conditions of use for such web sites.

You acknowledge and agree that the Company has no responsibility or liability for the availability of such external services or web sites.

15. COMPLIANCE

The owner of the Web Site is based in the State of New Jersey, USA.  The Company makes no representation that materials on the Web Site are appropriate or available for use in other locations.  If you access the Web Site from other locations, you are responsible for complying with local laws.

16. COPYRIGHT CONCERNS

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Company’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying the Company and its affiliates that your copyrighted material has been infringed.

·         An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

·         A description of the copyrighted work that you claim has been infringed upon;

·         A description of where the material that you claim is infringing is located on the Web Site;

·         Your address, telephone number, and e-mail address;

·         A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

·         A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

The Company’s copyright agent for notice of claims of copyright infringement on the Web Site can be reached as follows:

Copyright Agent:

Sylvia Ayler, Esq.

ApplyRapid

Phone: 908-581-7253

17. MISCELLANEOUS

These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the State of New Jersey, USA, without regard to its conflicts of law principles, and exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the Web Site shall be in the state or federal courts located in or near Camden, New Jersey.  You agree to submit to the jurisdiction of such courts.

These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and the Company with respect to the Web Site, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect.  Any cause of action you may have with respect to the Web Site must be commenced within one (1) year after the claim or cause of action arises or else such claim or cause of action is barred. 

If any part of these Terms of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties.  The other provisions of these Terms of Use shall remain in full force and effect.

The Company’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision.  Neither a course of dealing or conduct between you and the Company nor any trade practices shall be deemed to modify these Terms of Use.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms of Use or use of the Web Site.

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Notwithstanding the foregoing, any additional terms and conditions on the Web Site will govern the items to which they pertain.

The Company may revise these Terms of Use at any time by updating this posting.  Such revised Term of Use will apply to the use of the Web Site after they are posted. These Terms of Use were last updated on March 26, 2012.