We here at Applicant Tracking Software, together with its parents, subsidiaries, or affiliates, ("Applicant Tracking Software") provide an online applicant tracking software-as-a-service platform branded as Choate (the “Service”) and would love for you to use it, whether you are an employer, recruiter, or other hiring professional offering real employment opportunities (a “User”), or an applicant applying to real employment opportunities posted by our Users (an “Applicant”).
Please read these Terms very carefully before using the Service. By clicking “I agree” or by accessing or using any part of the Website or Service, you agree to be bound by these Terms. If you do not agree to all the Terms, then you may not access the Website or use any Services. If these Terms 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.
Our Service is designed to give Users as much control and ownership over your recruiting process as possible. However, be responsible in your use of the Service. In particular, make sure that no illegal or prohibited items listed herein appear in connection with, or linked to, your use of the Service or (for example, spam, viruses, or hate content).
Accessing the Website and the Services
Prior to using the Service, a User shall first will be required to register for an “Account” by completing an online registration form on the Website, via an integration with another software platform, or through other acceptable means. Applicant Tracking Software may require the User to confirm the User’s email address via an email confirmation process after the Account has been created.
We reserve the right to conduct a verification process on all Accounts and, at any time, to:
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 our possession or control, we agree 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.
You agree that any and all content you create through your Account:
You agree that any job posting you create in your Account:
You agree to use the Website and Services responsibly and that you:
By submitting content through your use of the Website, you grant Applicant Tracking Software a world-wide, royalty-free, and non-exclusive license to include submitted content on our 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, we 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.
You also agree that we may identify the company or organization name associated with the Account as a user of the Services and use that company or organization’s logo and/or trademark in sales presentations, promotional and marketing materials and communications, press releases, and on our Website for promotional purposes.
Fees and Payment
Optional premium paid products or services such as recurring subscriptions, extra storage, job
posting advertisements, background checks, domain purchases or other options may be available
through the Website. By selecting a premium service, you agree to pay us any fees indicated for
that service. Payments will be charged as indicated and will cover the use of that service for the
time period indicated. Premium service and/or subscription fees are not refundable.
We reserve the right, at any time, to change prices and billing methods for the Service, effective immediately upon notification within the Website or by email delivery to you.
The Service is a recurring subscription service and is charged or invoiced automatically at each renewal date unless you make modifications to your subscription that impact your billing cycle and/or the amount due in advance of that renewal date. When you cancel your 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, at the point in time when you upgrade, the new plan
level and fee are effective immediately and the credit card that you provided will automatically
and immediately be charged. 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
We may offer Users the option to indicate a preference to post an active job posting(s) in a
User’s Account to our network of free job boards or social media sites. We may also offer to Users
the option to purchase advertising for an active job posting(s) in a User’s Account on our network
of paid online job boards or social media sites. Each participating member of our 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, we reserve 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. When posting a job to a third-party (free or paid) job board, it is your
responsibility to ensure that your job posting is in compliance with the terms and conditions of
that job board. We will not collect payment from a User for advertising a job posting where we do
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
We have 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, we do not represent or imply that we endorse the material there posted,
or that we believe 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. We disclaim 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 we link, and that link to the Website or the
Service. We do not have any control over those non-Applicant Tracking Software websites and
webpages, and we are not responsible for their contents or their use. By linking to a
non-Applicant Tracking Software website or webpage, we do not represent or imply that we endorse
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. We disclaim any responsibility for any harm resulting from your use of
non-Applicant Tracking Software websites and webpages.
Copyright Infringement and DMCA Policy
As we ask others to respect our intellectual property rights, we respect the intellectual property
rights of others. If you believe that material located on or linked to by us violates your
copyright, you are encouraged to notify us in accordance with our Digital Millennium Copyright Act
(“DMCA”) Policy. We 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 us or others, we may, in our discretion, terminate or deny access to and use of
This Agreement does not transfer from us 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 our 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
Reliance on Third-Party Systems
We do 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.
General Data Protection Regulation (GDPR)
These Terms incorporate the Data Processing Addendum (“DPA”), available here, when the GDPR applies to your use of the Service to process personal data (as defined in the DPA).
Except as otherwise provided in these Terms, notices and other communications under these Terms
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
Email Address: email@example.com
Your notice must specify your name and the company or organization name associated with the 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.
We will make every available effort to keep the 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 Us to You
You agree that we may send email messages to you from time to time regarding planned service
downtime, new features, and other communications that we believe 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
firstname.lastname@example.org. Some email messages are
related to your Account status and can only be opted-out of by canceling your Account.
We reserve the right, at our sole discretion, to modify or replace any part of these Terms at any
time. We will provide a notification to Users upon making changes to these Terms in the future.
You are advised to print and retain a copy of these Terms, and any future changes thereto, for
future reference. Your continued use of or access to the Website and Services following the
posting of any changes to these Terms constitutes acceptance of those changes. We 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 these Terms.
We 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 your Account (if you have
one), you may cancel your Account or contact your designated representative to do so. We may
cancel your Account if you materially breach these Terms and fail to cure such breach within
thirty (30) days from our notice to you thereof; provided that, we can terminate the Account, the
Service, or the Website immediately as part of a general shut down of our service. All provisions
of these Terms 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”. We, together with our 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 we nor our
suppliers and licensors, make any warranty that the Website will be error free or that access
thereto will be continuous or uninterrupted. If you are 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 Terms, "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 our
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.
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 these Terms. You
hereby agree to waive all laws that may limit the effectiveness of the foregoing releases. This
indemnification shall apply to the fullest extent permitted by law and shall survive termination
of your Account.
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.