Web Site Terms and Conditions of Use
Table of Contents
- Overview of IdealTraits
- User Requirements
- Account Management
- Rules of Conduct
- Employer Job Postings
- Website Security
- Third Party Information
- Liability and Disclaimers
- Limitation of Liability and Indemnity
- Hypertext Links
- No Assignment, Sale or Unauthorized Commercial Use
- Termination of Use
- Pricing and Payment
- Refunds and Guaranteed Programs
You accept your agreement to these Terms by checking a box indicating your acceptance of these Terms.
If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such cases, “you” and “your” will refer to that organization.
2. Overview of IdealTraits
IdealTraits provides a platform that may function as an all around recruiting tool, allowing users to post jobs, assess candidate personalities, send offer letters, and more. Though the platform has the ability to do much more than assess personalities, the foundation of IdealTraits is the university backed Personality Assessment which is the best tool to use in identifying the right candidate for the right role within a business. The platform makes it easy for you to analyze data from individual assessments so that you can ensure proper placement of that candidate into your organization. In addition, the Personality Assessment can be used to help retain current employees, saving you valuable time and money associated with recruiting and hiring costs.
By accepting these Terms, you are expressly consenting to disclosure of certain Personal Information.
When you register as a client with IdealTraits, you will be asked to provide certain information including, without limitation, your name, business name, business address, phone number, and a valid email address (all of the above will be referred to as your “Personally Identifiable Information”). Except as otherwise provided herein, IdealTraits will not disclose your Personally Identifiable Information to third parties unless you have given your consent. However, it is understood that, without your formal consent, third parties may have access to aggregated database information from IdealTraits’s users that will show your Personally Identifiable Information.
IdealTraits 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 IdealTraits or by third parties. Information you enter as part of your registration – other than your Personally Identifiable 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 is aggregate information and will not identify anyone personally, without their prior consent.
The contents of the Platform, 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 Platform (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 IdealTraits, its content suppliers, or clients. 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 IdealTraits creates to generate the pages comprising the Platform. This HTML code is also protected by copyright or other applicable law.
4. User Requirements
As a client of IdealTraits, you may only use the Services provided if you have the power to form a contract with our company. None of the Services are intended for use by Minors, in this instance if you are under the age of eighteen (18). By using the Services, you represent and warrant that you are not a Minor and that you are lawfully entitled to use the Services.
5. Account Management
Once you register as a user with IdealTraits, you will be provided with a username and password which will enable you to access the Services on the Platform. You are responsible for maintaining the confidentiality of your login credentials as well as your Personally Identifiable Information.
You shall be responsible for all uses of your account, whether or not authorized by you. If there is any unauthorized use of your account, username, or password, you agree to immediately notify IdealTraits.
Transfer and/or sharing of accounts is strictly prohibited unless authorized in writing by an officer of IdealTraits.
6. Rules of Conduct
You are responsible for your conduct and communications with others while using the Services. You must comply with the requirements when using the Services. If IdealTraits becomes aware of content that fails to comply with the rules of conduct set forth, IdealTraits may remove it and report it. IdealTraits also takes steps to prevent uses of the Services that are contrary to these rules.
- Unless otherwise authorized by IdealTraits in writing, you may not sell access to or the use of the Platform, including any content contained on, downloaded or accessed from the Platform.
- You may not use the Services to commit unlawful activity.
- You may not provide a Minor with access to the Services.
- You may not purchase, use, or access the Services for the purpose of building a competitive product or services or for any other competitive purpose.
- You may not disclose or share your Password with any third parties or use your username and/or password for any unauthorized purpose.
- You may not attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Platform or disrupting, placing unreasonable burdens or excessive loads on, interfering with or attempting to gain unauthorized access to any portion of the Platform, IdealTraits computer systems, servers or networks, or the passwords of other users.
- You may not circumvent or attempt to circumvent any limitations that IdealTraits imposes on your account.
- Unless authorized by IdealTraits in writing, you may not use any automated system or software to extract or scrape data from the Platform or other interfaces through which IdealTraits makes the Services available.
- You may not store or transmit any viruses, malware, or other types of malicious software, or links to such software through the Services.
IdealTraits reserves the right to expel clients, or other users, and prevent their further access to the Platform for violating the Terms or the provisions of applicable laws. If circumstances warrant, users involved in such violations may also be subject to criminal or civil prosecution. IdealTraits may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes that such information may create liability for IdealTraits or may cause the loss or cancellation (in whole or in part) of the Services provided by IdealTraits’s Internet Service Provider or other suppliers.
7. Employer Job Postings
When posting a job opening, IdealTraits will make reasonable efforts to distribute your job posting to third-party services or job boards (collectively, “Distributors”). By posting your job, you give IdealTraits permission to distribute your job posting to current and future Distributors. However, you acknowledge and accept that IdealTraits has no control over any Distributor and therefore, IdealTraits provides 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, even if you have paid for a “Sponsored 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.
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 job posting(s) 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 of the Distributor
- 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 offenses 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
In addition to not having control over Distributor decisions, IdealTraits has no control over the amount or quality of candidates who apply to your job posting(s). IdealTraits is not a job board and does not guarantee applicants, and you will not be entitled to any refund for lack of amount and/or quality of candidates.
8. Website Security
Through the acceptance of these Terms, you agree not to:
- Impersonate another person
- 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)
- Post, transmit or distribute any material that reveals trade secrets (unless you own them or have the permission of the owner)
- Post, transmit or distribute material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others
- 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
- Post, transmit, distribute or store a sexually-explicit image or statement
- 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 Platform are also prohibited from violating, or attempting to violate, the security of the Platform in any manner including, without limitation:
- Accessing or downloading data not intended for such user or logging into an area of the Platform which the user is not authorized to access
- Attempting to probe, scan or test the vulnerability of the Platform or a system or network on the Platform or attempting to breach security or authentication measures without proper authorization
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Platform, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”
Violations of Web Site security may result in civil or criminal liability. IdealTraits will investigate occurrences which may involve such violations. If circumstances warrant, IdealTraits may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
9. Third Party Information
As a result of the nature of the Services provided through IdealTraits, you will have access to information (“Third Party Information”) from various sources including our suppliers, employers, and advertisers through the Platform. The Third Party Information contained on this Platform is provided for informational purposes only and should not be considered as professional advice. IdealTraits makes no representation, either express or implied, as to the accuracy, timeliness or completeness of any Third Party Information, nor does IdealTraits undertake to update or correct such Third Party Information. IdealTraits strongly recommends that you independently confirm all Third Party Information you obtain from the Services.
10. Liability and Disclaimers
With hiring becoming a more precision-oriented field, many Human Resource Departments in all sizes of businesses are looking for an advanced 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. IdealTraits provides a tool, through its Platform, 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.
IdealTraits is not involved in the actual negotiation or the consummation of the transaction, which may result in a job placement between an employer and a candidate. As a result, IdealTraits has no control over the quality, safety, or legality of the candidate or their Personally Identifiable Information posted or transmitted, the truth or accuracy of the candidate’s resume, or the ability of candidates 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 Platform, you agree to assume all risks associated with dealing with other users with whom you come in contact through the Platform.
Because user authentication on the Internet is difficult, IdealTraits cannot and does not confirm that each candidate is who they claim to be. IdealTraits does not and cannot be involved in employer to candidate dealings or control the behavior of candidates who apply to a job posting through IdealTraits. By your use of the Platform, you agree to release IdealTraits (and its agents, officers, shareholders, directors, 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.
IdealTraits is under no legal obligation to, and generally does not, control the information provided by candidates which is made available through the Platform. Candidate’s information may, in some cases, be mislabeled or deceptively labeled. IdealTraits expect that you will use caution and common sense when using the Platform.
IdealTraits is not, and shall not be considered to be an employer in connection with your use of the Platform and IdealTraits shall not be responsible for any employment decisions, for whatever reason, made by any employer posting job opportunities on the Platform.
11. Limitation of Liability and Indemnity
To the fullest extent allowed by law, IdealTraits (and its agents, officers, shareholders, directors, and employees) shall not be liable for any indirect, incidental, consequential, special, exemplary and punitive damages arising out of the following:
- The use of or inability to use the Platform or Services
- Any transaction conducted through or facilitated by the Platform
- Any claim attributable to errors, omissions, or other inaccuracies in the Platform or Services
- Unauthorized access to or alteration of your transmissions or data
- Any other matter relating to the Platform or the services offered on the site, even if IdealTraits has been advised of the possibility of such damages.
The Platform and the Content are provided on an “as is” basis without any warranties of any kind. IdealTraits, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for a particular purpose and non-infringement. IdealTraits makes no guarantees about the accuracy, reliability, completeness, or timeliness of the content, services, software, text, graphics, and links.
In no event shall IdealTraits, its agents, officers, shareholders, directors, employees, suppliers, or any third parties mentioned on the Platform 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 Platform and the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not IdealTraits is advised of the possibility of such damages.
Users agree to take no legal action against and agree to indemnify, defend and hold harmless IdealTraits 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 the following:
- Client Information you post to the Platform or submit through the Service
- Use or misuse of the Service by you or any other person who accesses the Service using your account
- Any violation of these Terms
- Any violation of any rights of a third party
12. Hypertext Links
The Platform contains links to third party web sites. IdealTraits 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.
13. No Assignment, Sale or Unauthorized Commercial Use
Users are not permitted to resell or assign their rights or obligations under these Terms.
14. Termination of Use
Ideal Traits Inc. reserves the right at its sole discretion to pursue all legal remedies including, but not limited to:
- Deletion of your communications or postings from the Platform
- Immediate termination of your membership and/or your ability to access the Platform
- Immediately cease providing the Services
- Seeking the imposition of criminal or civil penalties upon any breach by you of these Terms or if IdealTraits is unable to verify or authenticate any information you submit to the Platform with your membership registration
15. Pricing and Payment
All prices are stated in U.S. dollars and are valid until altered by IdealTraits. By subscribing for the Service, you agree to pay the fees identified at the time you subscribe.
As an annual subscriber, you agree to a twelve (12) month minimum commitment, and as a quarterly subscriber, you agree to a three (3) month minimum commitment for this service.
IdealTraits reserves the right, after your initial commitment and at its discretion, to change the fees or structure for the Service.
You may pay in any form acceptable to IdealTraits (American Express, Discover, Visa, Mastercard). You are responsible for the payment of all applicable taxes eligible on the Service in your jurisdiction.
By registering as an Employer, you obtain the right to access the Services and such other information or services as IdealTraits may, in its sole discretion, establish from time to time. You agree that IdealTraits 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, including Sponsorship of job postings.
16. Refunds and Guaranteed Programs
IdealTraits is not responsible and cannot guarantee any number of candidates for any job posted using the Service and will provide no refunds based on the quality or quantity of candidates.
IdealTraits does offer a Guaranteed Hire Program for all annual plans purchased directly through IdealTraits (this program only applies to those clients with no affiliation to a carrier or group and excludes plans purchased through a corporate storefront). To be eligible for this program, you must meet the following requirements:
- Reply “ I agree” to an email sent to you right after purchase regarding The Guaranteed Hire program
- Log into your account at least once every thirty (30) days
- Complete an onboard within the first forty five (45) days of purchase
- Assess entire staff (if you do not have staff at this time, you must assess yourself and 2 other individuals you know) within forty five (45) days of purchase
IdealTraits also offers a fourteen (14) day, no questions asked, refund guarantee if you decide that IdealTraits just isn’t right for you. You must meet the following requirements:
- Must be a new Customer
- Must not have purchased through Blueprint (for Allstate clients)
IdealTraits understands that there may be some grandfathered packages that may qualify for refunds based on the date of purchases.
IdealTraits will not provide a refund for not using the platform.
In accepting these Terms, you agree to receive notifications regarding your account via email, text and phone.
IdealTraits makes no claim that the Platform or the Content may be lawfully viewed or downloaded outside of the United States. Access to the Platform or the Content may not be legal by certain persons or in certain countries. If you access the Platform 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 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 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, which shall remain in full force and effect.
No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
These Terms and Conditions constitute the entire agreement between you and IdealTraits with respect to your use of the Platform. 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.
- Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
- We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
- We will only retain personal information as long as necessary for the fulfillment of those purposes.
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
- We will make readily available to customers information about our policies and practices relating to the management of personal information.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.