By accepting this agreement you are acknowledging that you understand you are providing personal information and completing an assessment. This information will be used by the entity who requested you complete this information for the purpose of pre-employment screening or employee management. Additionally, should the entity decide not to hire you for a position or your employment status with them changes, you may be eligible for further services from within the iWorkZone system. In this case, your information may be provided to other employer entities for the purpose of receiving job offers and additional services. Should you choose to remove yourself from consideration, you may opt-out by selecting “I do not want employers to find me” in the My Profile Section of the system. By accepting this agreement you also give permission to iWorkZone to email or call you with updates or news specifically regarding the iWorkZone system.
iWorkZone Terms of Service Introduction
iWorkZone, Inc. and/or iWorkZone Systems, LLC, 1000 Heritage Center Circle, Suite 125, Round Rock, TX, 78664, USA.
Any references to “iWorkZone” or “we” in this Agreement shall mean the applicable entity(s) as set forth above. The Site is made available for use only by individuals searching for employment openings (“Job Seekers”), by individuals and/or organizations seeking to make available information regarding employment openings, on their behalf or other’s behalf, including but not limited to agencies purchasing for multiple parties (“Employers”), and by individuals and/or organizations seeking to participate in the IWorkZone Employer Talent Mining and Matching System Program (TMMS™) (“Employer Clients”). If you are accessing or using the Site in your capacity as an employee or other representative of an Employer or Employer Clients, you are agreeing to this Agreement on behalf of yourself and such Employer or Employer Clients, as applicable, and you represent and warrant that you have the authority to bind such Employer or Employer Clients, as applicable, to this Agreement. iWorkZone is not responsible for the selection of the talent pattern that the Employer chooses to match against. iWorkZone insists that his matching percentage should never be considered as more than 30% of a decision making process and that the Employer should use traditional interviewing and hiring practices as allowed by law in their respective state, district, jurisdiction, or country. Any failure by the Employer to do so, or any violation of EEOC or applicable law, is the full liability of the Employer. We may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. Any such changes will not apply to any claim brought prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. Your access to or use of the Site following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legends in each section of the terms and conditions indicate when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links); charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users. This Agreement hereby incorporates by this reference any additional terms and conditions posted by iWorkZone through the Site, or otherwise made available to you by iWorkZone.
iWorkZone General Terms of ServiceLast Updated: November 1, 2017 A. The following terms and conditions apply to all Job Seekers, Employers, Employer Clients and other users who access or use the Site, or otherwise indicate their acceptance to this Agreement.
1. The iWorkZone Services
2. External Sites
The Site contains links to other sites on the Internet which are owned and/or operated by third-party vendors and other third parties (the “External Sites”). You acknowledge that iWorkZone is not responsible or liable for any such third parties or for the availability of, or the materials located on or through, any External Sites. You should contact the site administrator or webmaster for the applicable External Site if you have any concerns regarding such links or the materials located on an External Site. In addition, iWorkZone may provide you with links to certain third party sites that offer you services for your use or benefit. We may stop offering any such third party sites or services at any time. If you choose to use such third party sites or services, you enter into an agreement with such third party alone at your own risk. When entering into an agreement with such parties, you are giving them your data directly and your rights and their obligations are determined by their privacy policies and terms of service. We are not responsible for any content or services provided these third parties, and disclaim all liability from anything that may occur when you utilize such third parties. We are additionally not responsible for any payment that may be asked of you by such third party. You will be notified on the site that these are third party sites and services, and not iWorkZone.
3. Use of Site
You are not permitted to use iWorkZone’s Site or its content other than for non-commercial purposes. Use of any automated system or software, whether operated by a third party or otherwise, to extract data from the Site (such as screen scraping or crawling) is prohibited. iWorkZone reserves the right to take such action as it considers necessary, including issuing legal proceedings without further notice, in relation to any unauthorized use of the Site. If you wish to make commercial use of the Site, if you wish to make use of the Site in any capacity other than that of a Jobseeker or Employer, or if you wish to purchase iWorkZone services that utilize the Site, you must have a prior written agreement with iWorkZone to do so, or have accepted iWorkZone’s online terms of service. Please contact us for more information. We reserve the right at all times (but will not have any obligation) to terminate users, and reclaim usernames or URLs, for any reason. 3(a) A workforce development center, church, recruiting agency, or any other entity or individual approved by iWorkZone, may only use the system as agreed for the purpose of assisting job seekers with career placement and are in no way permitted to attempt to circumvent the iWorkZone system for the purpose of Employer benefit. All Employer users are required to have a separate use agreement directly with iWorkZone. Violation of this section of the agreement may result in termination of the account and pursuit of damages through any legal means necessary to protect the interests of iWorkZone and it’s partners or subsidiaries.
4. User Content
Some parts of the Site, such as message boards and forums, may allow users to post Job Listings, resumes, information, text, images, audio, video, messages, and other materials (any such materials that a user submits, posts, displays, or otherwise makes available on or through the Site is referred to herein as “User Content”). Such functionality is designed to help users obtain career and company information, facilitate communication, discuss ways to make career decisions, and to let users know of jobs. User Content is provided by third-party contributors, many of whom may use anonymous screen names. User Content may be inaccurate, incomplete, misleading or deceptive. For example, the Site hosts Company Pages, which allow User Content to be posted by individuals that may not be affiliated with the Company who owns the Company Page, including but not limited to the answers to Q&A questions on Company Pages. iWorkZone does not endorse and is not responsible for any User Content, including any opinion, advice, information, or statement contained therein. You acknowledge that by accessing the Site, you may come into contact with content (including User Content) that you find harmful, offensive, threatening, indecent or objectionable, including, but not limited to, explicit language and other potentially offensive material, and you acknowledge that iWorkZone shall have no liability with respect to such content. You must not post any User Content that is unlawful, fraudulent, discriminatory, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or that contains sexual, ethnic, racial or other discriminating slurs, or that contains no relevant or constructive content. You must also not post any User Content that contains proprietary information, trade secrets, confidential information, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing), or encourages or causes spamming or flooding. You are prohibited from posting any User Content containing official identification information (whether your own or of another person), such as social security number, passport number, national identification number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier. Posting such identification information may lead to identity theft and other adverse consequences. iWorkZone may remove any such identification information, but does not undertake any obligation to do so, and has no responsibility and disclaims all liability for any posting of such identification information. iWorkZone reserves the right to change the display of resume on its Site, including, but not limited to, hiding fields, rearranging its format, and changing visual elements. Although iWorkZone has no obligation to do so, iWorkZone may monitor User Content, and reserves the right to delete any User Content or portion thereof that, in iWorkZone’s sole discretion, violates the above rules, including any User Content that is unrelated to the specific portion of the Site on which it is posted, or that is an advertisement, recruiting or other commercial message, or that iWorkZone deems in its sole discretion to be inappropriate. If you believe that any User Content violates this Agreement or our policies, please contact iWorkZone immediately so that we may have the opportunity to consider its removal. For clarity, iWorkZone does not have any obligation to remove any User Content, and the interpretation of whether any User Content violates any iWorkZone policy will always remain within the sole discretion of iWorkZone. iWorkZone reserves the right to disclose all User Content and other relevant information, and the circumstances surrounding their transmission, to any third party in connection with operating the Site; to protect itself, its affiliates, its partners and its visitors; and to comply with legal obligations or governmental requests. This means, for example, that iWorkZone may honor subpoenas, search warrants, law enforcement or court-mandated requests to reveal a user’s electronic address and identity, or other properly requested information. As an Employer, when you post a Job Listing on iWorkZone that you choose to list as confidential, your identity may be discoverable by request from the government or law enforcement. Without limiting the generality of the foregoing, iWorkZone reserves the right (but is under no obligation) to remove any Job Listing that directly or indirectly discriminates against Job Seekers. Direct discrimination means, for example, that a Job Listing specifically makes clear that only Job Seekers matching a certain criteria are wanted, thereby excluding others because of, for example, their gender, race, age or disability. Indirect discrimination means, for example, that a Job Listing implicitly excludes certain classes of Job Seekers by making it impossible for them to qualify for the job requirements. You understand and agree that it is your responsibility to refrain from posting any Job Listing that directly or indirectly discriminate against Job Seekers or otherwise violate applicable law. Please note: Section 230 of the U.S. Communications Decency Act provides that: (1) Treatment of Employer Clients or speaker No provider or user of an interactive computer service shall be treated as the Employer Clients or speaker of any information provided by another information content provider. (2) Civil liability No provider or user of an interactive computer service shall be held liable on account of- (A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or (B) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1).
5. License to User Content and Feedback
Only to the extent permitted by law, if you post content or submit material to iWorkZone, including photographs or material you submit for a job solicitation hosted on iWorkZone, you grant iWorkZone a nonexclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free, sub-licensable (through multiple layers of sub-licensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and materials for the purpose of publishing material on the iWorkZone website or its Employer Clients partners, maintaining the iWorkZone website and promoting iWorkZone without restriction. Furthermore, you grant to IWorkZone, its affiliates, and sub-licensees the license to use your name, user name, and/or trademarks and logos in connection with any such User Content or iWorkZone marketing materials, or actions by iWorkZone to promote or publicize such User Content (e.g. Job Listings) including the use of keywords in third-party internet search engines. Notwithstanding the foregoing, to the extent any Employer(s) submits photographs to iWorkZone for association with a particular Job Listing, iWorkZone shall not post such content anywhere other than the Employer(s)’s Job Listing. You represent and warrant that: (i) you own the User Content that you submit, post, display, or otherwise make available on or through the Site, or that you otherwise have the right to grant the license set forth in this section, (ii) such User Content, and its submission, posting, display or availability on or through the Site does not violate applicable law or the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and (iii) such submission, posting, display or availability on or through the Site does not result in any breach of contract between you and any third party. You agree to pay for all royalties, fees, damages, and any other monies owed to any person or entity by reason of such User Content. You agree to defend, indemnify and hold harmless iWorkZone and its affiliates from any claims resulting from any such User Content. If you wish to request to revoke the license granted by you in this Section for any such User Content, please send a certified letter of request to the postal address listed above with a copy of your passport or national identity card (for identity verification purposes) and request removal of such User Content. Your certified letter of request must include (a) the signature of the applicable rights holder for such User Content or a person authorized to act on behalf of the rights holder; (b) identification of the User Content for which the license is to be revoked, and information reasonably sufficient to allow iWorkZone to locate and remove such User Content on the Site; (c) your name, address, telephone number, and email address; (d) a statement that you have a good faith belief that you are the rights holder or authorized by the rights holder to revoke the license for the designated User Content; and (e) a statement that the information in the request is accurate, and under penalty of perjury, that you are the rights holder or are authorized to act on behalf of the rights holder with respect to such User Content. There may be a charge for answering and executing such a request; please contact iWorkZone for more details. At your discretion, you may provide feedback and related materials to iWorkZone concerning the functionality and performance of the Site from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, provide any Feedback, you hereby grant to iWorkZone a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such Feedback for any purpose without restriction. You agree that iWorkZone may disclose any or all Feedback to any third party in any manner, and you agree that iWorkZone may sublicense any or all Feedback in any form to any third party without restriction. By providing any Feedback, you agree that your provision of such Feedback is gratuitous, unsolicited and without restriction, and will not place iWorkZone under any fiduciary, confidentiality or other obligation, and that we are free to use such Feedback without any additional compensation to you, and free to disclose such Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by accepting any Feedback, -iWorkZone does not waive any rights to use similar or related ideas previously known to iWorkZone, or developed by its employees, or obtained from sources other than you.
6. Site Rules
You agree not to access (or attempt to access) the Site by any means other than through the interface that is provided by iWorkZone, unless you have been specifically allowed to do so in a separate, written agreement with iWorkZone. You agree that you will not engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the Site). Unless you have been specifically permitted to do so in a separate, written agreement with iWorkZone, you agree that you will not crawl, scrape, reproduce, duplicate, copy, sell, trade or resell the Site for any purpose. You agree that you are solely responsible for (and that iWorkZone has no responsibility or liability to you or to any third party for) any breach of your obligations under this Agreement and for any consequences (including any loss or damage which iWorkZone may suffer) of any such breach. You agree that you shall not transmit to iWorkZone or upload to or through the Site (whether as User Content or otherwise) any Harmful Code, or use or misappropriate the Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “Trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission. Without limiting the foregoing and by way of example only, users may not:Generate or facilitate unsolicited commercial email (“spam”). Such activity includes, but is not limited to:
- sending messages in violation of the CAN-SPAM Act under U.S. law or any other applicable anti-spam law;
- imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam