Table of Contents
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.
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:
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:
Users of the Platform are also prohibited from violating, or attempting to violate, the security of the Platform in any manner including, without limitation:
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 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:
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:
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 excludes plans purchased through a corporate storefront). To be eligible for this program, you must meet the following requirements:
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:
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.