Table of Contents

  1. Terms of Use
  2. Privacy Issues
  3. Rules of Conduct
  4. Employer Job Postings
  5. Web Site Security
  6. Third Party Information
  7. Confidentiality and Password
  8. Liability and Disclaimers
  9. Limitation of Liability and Indemnity
  10. Hypertext Links
  11. No Assignment, Sale or Unauthorized Commercial Use
  12. Termination of Use
  13. Pricing and Payment
  14. General
  15. Revision Date

Web Site Terms of Use

Ideal Traits Inc. provides a website that may function as a tool for employee personality testing, which can become very handy.  The website allows an Employer to use data on the individual to find out where a candidate would fit into the respective company. Personality assessments not only help employers hire the right employee, but also help to keep them. Employee retention saves companies money and valuable time due to lost productivity and costs associated with recruiting and hiring.  Personality assessment test consist of questions, a job candidate answers to help an employer determine more about the candidate’s personality skills or personality.

All individuals who register as Members with Ideal Traits Inc., are representing and warranting that they are over eighteen (18) years of age. In addition, when you register as a Member or Employer with Ideal Traits Inc., you are representing and warranting that you are lawfully entitled to use the Services. Once your Membership with Ideal Traits Inc. is confirmed, you will be provided with a User Name and Password which will enable you to access the Services on the Web Site.  Transfer of memberships is prohibited, you may not transfer your Membership or share your Membership with anyone. For your own security, you should never disclose your password to any third parties.

These Terms of Use contain ground rules for your use of the Website IdealTraits and the services provided thereon (the “Terms”). By accessing, using, or contributing to the website, and in consideration for the services provided to you, you agree to abide by the Terms.  Ideal Traits Inc. may change the Terms from time to time, at Ideal Traits Inc.’ sole discretion and without prior notification. Your use of this website will constitute your assent to all such changes. Please periodically visit this section of the site to review the current version of the Terms. These Terms supersede any verbal changes and can only be modified by written agreement signed by an officer of Ideal Traits Inc..  You should visit this section periodically to review the Terms of Use, because they are binding.

Privacy Issues

By accepting these Terms of Use, you are expressly consenting to certain disclosure of certain Personal Information.

By registering as a Member or Employer, you obtain the right to access the Services and such other information or services as Ideal Traits Inc. may, in its sole discretion, establish from time to time. You agree that Ideal Traits Inc. may charge for certain features of your membership and/or additional premium services, which may be offered in the future and that you will be responsible for all charges for any such additional services if you choose to use them.

When you register as an Individual Member with Ideal Traits Inc., you will be asked to provide certain information including, without limitation, your name, address, some general work history, background information and a valid email address (your “Personally Identifiable Information”). Ideal Traits Inc. will not disclose your Personally Identifiable Information to third parties unless you have given your consent. However, it is understood, without your formal consent third parties may only have access to aggregated database information from Ideal Traits Inc. users that will not identify your Personally Identifiable Information.

Ideal Traits Inc. reserves the right to offer third party services and products to you based on the preferences that you identify in your membership registration and at any time thereafter; such offers may be made by Ideal Traits Inc. or by third parties. Information you enter as part of your registration – other than your Personally Information – may be compared to the information of other users, however you will always be in control of your Personally Identifiable Information. All information compiled and generated would be aggregate information and will not identify anyone personally, without their prior consent.

The contents of the Web Site, such as text, graphics, images, logos, button icons, software and other material including without limitation compilations, surveys, comparison reports or other data aggregation conducted on the Web Site (collectively, the “Content”), are protected under United States copyright, trademark, and other laws. The Content is solely for personal non-commercial use. All Content is the property of Ideal Traits Inc., its content suppliers, or clients. The collection, arrangement, and assembly of all Content on the Web Site is the exclusive property of Ideal Traits Inc. and protected by United States copyright laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use of the Content on any other web site or in a networked computer environment for any purpose is prohibited.

You are prohibited from copying or adapting the HTML code that Ideal Traits Inc. creates to generate the pages comprising the Web Site. This HTML code is also protected by copyright.

Rules of Conduct for Users of IdealTraits.com

The following uses of the Web Site are specifically prohibited, and all users agree not to use the Web Site, for any of the following:

(a) Posting, transmitting or distributing any incomplete, false or inaccurate biographical information or information which is not your own accurate resume (i.e. a living individual seeking employment on a full-time or part-time basis on his or her own behalf)

(b) Sell access to or the use of the Web Site, including any content contained on, downloaded or accessed from the Web Site

(c) If you have a User Name and Password allowing access to a non-public area of this Web Site, disclosing to or sharing your Password with any third parties or using your User Name and/or Password for any unauthorized purpose;

(d) Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web Site or disrupting, placing unreasonable burdens or excessive loads on, interfering with or attempting to gain unauthorized access to any portion of the Web Site, our computer systems, servers or networks, or the passwords of other users;

Ideal Traits Inc. reserves the right to expel Individual Members or Employers, or other users, and prevent their further access to the Web Site for violating the Terms of Use or the provisions of applicable laws. If circumstances warrant, Users involved in such violations may also be subject to criminal or civil prosecution. Ideal Traits Inc. may take any action with respect to User-submitted information that we deem necessary or appropriate in our sole discretion if we believe that such information may create liability for Ideal Traits Inc. or may cause the loss or cancellation (in whole or in part) of the services provided by Ideal Trait’s Internet Service Provider or other suppliers.

Employer Job Postings

When posting a job opening, we will make reasonable efforts to distribute your job posting to third-party services or job boards., (collectively, “Distributors”). However, you acknowledge and accept that we have no control over any Distributor and therefore, we provide no guarantee that your job post will be accepted by a Distributor or posted via a Distributor. You accept that a Distributor may not have an obligation to use or display your job post in their services, and may reject your job post for any reason, whether you have paid for your job posting or is included in a job board posting package, and even if you have paid for a “Sponsor Job”. You agree that IdealTraits is not liable to you or any third party if your job post is rejected or not posted, and you will not be entitled to any refund for jobs not posted or distributed. By posting your job, you give us permission to distribute your job posting to current and future Distributors. You acknowledge and agree that IdealTraits cannot be responsible, and disclaims all liability, for Distributors and their actions or omissions related to your job postings, including without limitation their availability, operations, features and functionality. You are solely responsible for interviewing, performing background and reference checks on, verifying information provided by, and selecting an appropriate candidate. In certain cases, Distributors may require that you agree to additional service policies in order to allow your job post to be distributed on their services. As a condition to the distribution of your job posting to a Distributor’s services, you hereby agree to such additional Distributor service policies as they apply to the distribution of your job posting through the applicable Distributor’s services.

Some of the reasons your jobs might be removed from Distributors include, but are not limited to:

  • Advertisement of sexual services or seeks employees for jobs of a sexual nature
  • Commission-only opportunities that are not clearly marked as commission-only and/or do not describe the product or service being sold
  • Complaints from users
  • Contains content or links to content that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under the age of 13
  • Content or Customer violates local, national or international laws, including but not limited to laws related to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property
  • Content is not a job opportunity, but rather the attempt to sell, promote or advertise products or services
  • Domestic roles such as personal assistant, nanny, housekeeper, etc.
  • Duplication, including excessive replication of jobs between locations in close proximity
  • Endorsement of a particular political party, political agenda, political position or issue or promotion of a particular religion
  • Job seekers are required to pay for a service in order to apply, pay for training, pay for training materials or pay for samples
  • Job title contains city information that does not match job location
  • Job title doesn’t accurately represent job description
  • Inaccurate, false or misleading information
  • Includes any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job
  • Pyramid schemes, “club memberships”, distributorship or multi-level marketing opportunities
  • Relocation requirements are not clearly stated
  • Requests for the use of human body parts or the donation of human body parts, including, without limitation, reproductive services such as egg donation and surrogacy
  • Requires the applicant to provide information relating to his/her (A) racial or ethnic origin (B) political beliefs (C) philosophical or religious beliefs (D) membership of a trade union (E) physical or mental health (F) sexual life (G) the commission of criminal offences or proceedings or (H) age, except where allowed by applicable law
  • The job ad is not active or there is no meaningful opportunity for the job seeker
  • The job contains no real information about an opportunity
  • The job does not appear to be real
  • There are offers within the application flow
  • Third party job content (speak to a job board sales representative to explore opportunities to partner with us if you have 3rd party content)
  • Upfront or periodic payment from job seeker or requires recruitment of other members, sub-distributors or sub-agents
  • Use of name(s), logo(s) or trademark(s) of companies unaffiliated with Customer
  • Unpaid jobs and/or internships
  • Casting calls, auditions for modeling, acting and/or talent management
  • The job entails “mystery shopping”
  • The job requires employees to perform surveys and/or participate in opinion, clinical and/or market research studies
  • The pay structure is based on a lead generation model
  • Direct employer is not a registered business entity
  • Virtual marketplaces, classifies, online bulletins or similar platforms that provide distribution and/or collection of services, jobs, talent or personnel

Web Site Security

Through the acceptance of these Terms and Conditions through your use of the Web Site you agree not to:

(a) impersonate another person;

(b) post, transmit or distribute any material that is copyrighted (unless you are the copyright owner or have the permission of the copyright owner to post it);

(c) post, transmit or distribute any material that reveals trade secrets (unless you own them or have the permission of the owner);

(d) post, transmit or distribute material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;

(e) post, transmit or distribute any material that is obscene, defamatory, threatening, harassing, discriminatory, abusive, hateful or embarrassing to another user or any other person, group or entity;

(f) post, transmit, distribute or store a sexually-explicit image or statement; or

(g) post, transmit, distribute or store material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; Users of the Web Site are also prohibited from violating, or attempting to violate, the security of the Web Site in any manner including, without limitation:

(a) accessing or downloading data not intended for such user or logging into an area of the Web Site or membership account which the user is not authorized to access;

(b) attempting to probe, scan or test the vulnerability of the Web Site or a system or network on the Web Site or attempting to breach security or authentication measures without proper authorization;

(c) attempting to interfere with service to any user, Member, Employer, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing” ; or

Violations of Web Site security may result in civil or criminal liability. Ideal Traits Inc. will investigate occurrences which may involve such violations. If circumstances warrant we may involve, and co-operate with, law enforcement authorities in prosecuting Users who are involved in such violations.

Third Party Information

As a result of the nature of the Services provided through the Web Site you will be provided with, or have access to, information (“Third Party Information”) from various sources which include our suppliers, Members, Employers and advertisers on the Web Site. The Third Party Information contained on this Web Site is provided for informational purposes only and should not be considered as professional advice. Ideal Traits Inc. makes no representation, either express or implied, as to the accuracy, timeliness or completeness of any Third Party Information, nor does Ideal Traits Inc. undertake to update or correct such Third Party Information. We strongly recommend that you independently confirm all Third Party Information you obtain from the Web Site.

Confidentiality and Password

You are responsible for maintaining the confidentiality of your Personally Identifiable Information and your password. You shall be responsible for all uses of your Individual Member or Employer registration, whether or not authorized by You. You agree to immediately notify Ideal Traits Inc. of any unauthorized use of your account, User Name or Password.

Liability and Disclaimers

With hiring becoming a more precision-oriented field, many HR departments in all sizes of businesses are looking out for advances set of tools outlining the predictions on the potential of new hire candidates. The main aim is to find the right person for the job easier and far less expensive than traditional selection methods. Ideal Traits Inc. provides a tool, through its website, for employee personality testing that employers can use as data on the individual to find out where he or she would fit into a company.

Ideal Traits Inc. is not involved in the actual negotiation or the consummation of the transaction, which may result in a job placement between Employers and Individual Members. As a result, Ideal Traits Inc. has no control over the quality, safety or legality of the job opportunities or Personally Identifiable Information posted or transmitted, the truth or accuracy of the job opportunity postings, the ability of Employers to offer job opportunities to Individual Members or the ability of Individual Members to fill the job openings for which they may be hired.

In addition, please be aware that there are risks including, but not limited to, the risk of physical harm, the risk associated with dealing with strangers, foreign nationals and underage persons or the risk of people acting under false pretenses. By using the Web Site, you agree to assume all risks associated with dealing with other users with whom you come in contact through the Web Site.

Because user authentication on the Internet is difficult, Ideal Traits Inc. cannot and does not confirm that each user is who they claim to be. We do not and cannot be involved in user-to-user dealings or control the behavior of users on Ideal Traits Inc.. By your use of the Web Site, you agree to release Ideal Traits Inc. (and our agents and employees) from any claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any disputes, which you may have with one or more Users.

Ideal Traits Inc. is under no legal obligation to, and generally does not, control the information provided by Users which is made available through the Web Site. User’s information may, in some cases be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using the Web Site.

Ideal Traits Inc. is not, and shall not be considered to be an employer in connection with your use of the Web Site and Ideal Traits Inc. shall not be responsible for any employment decisions, for whatever reason, made by any Employer posting job opportunities on the Web Site.

Limitation of Liability and Indemnity

To the fullest extent allowed by law, we shall not be liable for any indirect, incidental, consequential, special, exemplary and punitive damages arising out of (i) the use of or inability to use the web site or the services, (ii) any transaction conducted through or facilitated by the web site (iii) any claim attributable to errors, omissions, or other inaccuracies in the web site or the services, (iv) unauthorized access to or alteration of your transmissions or data, or (v) any other matter relating to the web site or the services offered on the site, even if Ideal Traits Inc. has been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you.

The web site and the content are provided on an “as is” basis without any warranties of any kind. Ideal Traits Inc., to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. Ideal Traits Inc. makes no warranties about the accuracy, reliability, completeness, or timeliness of the content, services, software, text, graphics, and links.

In no event shall Ideal Traits Inc., its suppliers, or any third parties mentioned on the web site be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, loss of profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the web site and the content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Ideal Traits Inc. is advised of the possibility of such damages.

Employers and members agree to take no legal action against and  agree to indemnify, defend and hold harmless Ideal Traits Inc. and its subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (a) Client Information you post to the Site or submit through the Service, (b) use or misuse of the Service by you or any other person who accesses the Service using your account, (c) any violation of these Terms of Service or (d) any violation of any rights of a third party.

Hypertext Links

The Web Site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Ideal Traits Inc. of the contents on such third-party sites. Ideal Traits Inc. is not responsible for the content of any linked third-party sites and does not make any representations or warranties, either express or implied regarding the content or accuracy of materials on such third party sites. If you decide to access linked third party sites, you do so at your own risk.

No Assignment, Sale or Unauthorized Commercial Use

Users are not permitted to resell or assign their rights or obligations under these Terms of Use.

Termination of Use

Ideal Traits Inc. reserves the right at its sole discretion to pursue all legal remedies including, but not limited to: (i) deletion of your communications or postings from the Web Site, (ii) immediate termination of your membership and/or your ability to access the Web Site; (iii) immediately cease providing the Services; and (iv) seeking the imposition of criminal or civil penalties upon any breach by you of these Terms of Use or if Ideal Traits Inc. is unable to verify or authenticate any information you submit to the Web Site with your membership registration.

Pricing and Payment

All prices are stated in U.S. dollars and are valid until altered by Ideal Traits Inc. By subscribing for the Service, you agree to pay the fees identified at the time you subscribe. As a monthly subscriber, you agree to a 12 month minimum commitment for this service. Ideal Traits Inc. reserves the right after your initial commitment and at their discretion to change the fees or structure for the Service. Ideal Traits Inc. cannot guarantee any number of candidates for any job posted using the Service.

You may pay in any form acceptable to Ideal Traits Inc. at such times as specified on the Site. For monthly subscribers your credit card will be initially charged for your set up fee and your first month’s payment.  Your credit card will then be automatically charged on a monthly basis to meet your remaining 11 month subscriber commitment. If your credit card renews or changes, please call your representative to provide your updated informationYou are responsible for the payment of all applicable taxes eligible on the Service in your jurisdiction. If the 12 month minimum commitment is not fulfilled you agree to be charged a $299.00 cancellation fee. The $299 Cancellation fee does not apply to any Blueprint, Free Look, or ESO offers.

General

Ideal Traits Inc. makes no claim that the Web Site or the Content may be lawfully viewed or downloaded outside of the United States. Access to the Web Site or the Content may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your applicable jurisdiction.

These Terms of Use are governed by the laws of Michigan, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the courts of the State of Michigan.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

These Terms and Conditions constitute entire agreement between you and Ideal Traits Inc. with respect to your use of the Web Site.  This Agreement replaces any and all prior written and oral understandings and writings. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination.

 

Revision: 01/15/2013 IdealTraits INC.