Terms of Use
iWorkZone Terms of Service Introduction
When you access or use iWorkZone’s online and/or mobile services and websites, including any IWorkZone mobile application (collectively the “IWorkZone Apps”) regardless of where it is downloaded from, and any software provided by or on behalf of IWorkZone on or in connection with such services or websites (collectively, the “Site”), including, but not limited to, the IWorkZone FIT Assessment or any other service, (a) you represent that you have read and understand the Cookies Policy and Privacy Policy; and (b) you are agreeing to the terms and conditions of these Terms of Service (the “Agreement”) with the following entity or entities:
- 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 Service
Last Updated: September 19, 2018
- 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.
- The iWorkZone Services
iWorkZone may make available certain job listings and other job-related contents, including links to third-party websites (such listings and other contents, (“Job Listings”), through iWorkZone’s search results or otherwise through the Site. Job Listings are created and provided by third parties over whom iWorkZone exercises no control; you acknowledge and understand that we have no control over Job Listings. Job Listings contained on, or linked from, the Site are indexed or posted in an automated manner. iWorkZone does not have any obligation to screen any Job Listing, or to include any Job Listing in its search results or other listings, and may exclude or remove any Job Listing from the Site for any or no reason. We cannot confirm the accuracy or completeness of any Job Listing or other information submitted by any employer or other user. iWorkZone assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any Job Listing. You agree that iWorkZone may also provide search options to narrow down Job Listing search results by job type (i.e. full-time, part-time, etc.), and such job types are created independently and entirely by iWorkZone, and are not a direct reflection of the actual Job Listing.
1(a) Notice to Users applying to Jobs Through iWorkZone: If you are a Job Seeker, any resume, assessment answers, survey responses, or application information that you submit through the Site is subject to this Agreement (including Section 4 below) and to iWorkZone’s Privacy Policy. Without limiting the foregoing, however, please note that by creating a public iWorkZone profile through the Site, you are requesting and authorizing iWorkZone to make available your profile to any Employer that iWorkZone believes may have an interest in your profile. By creating a profile or uploading a resume, iWorkZone may contact you to share Job Listings with you that match the contents of your iWorkZone Resume. In addition, when you indicate your interest in a Job Listing through iWorkZone are referred to as “iWorkZone TMMS™”, you are requesting and authorizing iWorkZone to reformat the job so that you may read it more clearly in your phone, you are sending your resume and application information to iWorkZone, and you are requesting and authorizing iWorkZone to make available such application information to the applicable Employer(s) for such Job Listing(s). When you ask iWorkZone to transmit an application or a message to an Employer via iWorkZone’s Talent Mining and Matching System, you understand that this is without warranty. iWorkZone also does not guarantee that any Employer will receive, access, read or respond to any such profile, resume, or application material, or that there will be no mistakes in the transmission of the data. However, iWorkZone may alert you when any of the above events occur.
In addition, by using iWorkZone, you agree that iWorkZone is not responsible for the content of the Employer’s application form, messages, screener questions, testing assessments outside the iWorkZone System, or their format or method of delivery and that iWorkZone does not guarantee receipt of your application by the Employer, or your receipt of messages from the Employer. Please note that iWorkZone does not choose the questions asked by Employers or decide the job qualification criteria of Employers. If you require alternative methods of screening or application you must approach the Employer directly to request such as iWorkZone is not responsible for the Employer application process.
When you apply by completing the FIT Assessment, you consent to your application and any responses sent to you by the Employer (including offer letters) through iWorkZone being processed and analyzed by iWorkZone according to this Agreement and iWorkZone’s Privacy Policy. iWorkZone shall store such information regardless of whether a job vacancy has been filled. iWorkZone may use your application materials (including public resumes and responses to screener questions) to determine whether you may be interested in another Job Listing, and iWorkZone and/or it’s Employer Clients may reach out to you about such a Job Listing. iWorkZone does not guarantee the validity of a job offer and cautions Job Seekers to verify the validity of a job offer before taking an adverse action regarding their current employment situations.
1(b) If you are an Employer, when you create an iWorkZone TMMS™ account, a Career Page or post a Job Listing on the Site, you agree that this Agreement and all of iWorkZone’s policies, including the iWorkZone Privacy Policy and Cookie Policy, TMMS™ to you and to the Job Seekers using such Career Page or indicating an interest in such Job Listings. If you are an Employer, you agree that, as a service to Job Seekers, iWorkZone may activate its iWorkZone TMMS™ function for use in connection with such Job Listing, and that any Job Seekers who wish to indicate an interest in such Job Listing may only do so through iWorkZone TMMS™, and that iWorkZone will send applications to the Company Admin(s) address you provide us with. When you use the iWorkZone TMMS™, you acknowledge and agree that IWorkZone may add certain functions, which allow you to take actions regarding the Job Seeker including setting up an interview, viewing a resume and rejecting a candidate, and that you consent to iWorkZone monitoring and analyzing these actions. When using the iWorkZone TMMS™ function, iWorkZone will attempt to send applications to the contact information provided to iWorkZone by you, the Employer. IWorkZone has no ability to verify the contact information provided by You. In the event You provide incorrect contact information, it shall be your responsibility to correct, appropriately respond, or take any steps necessary to protect the privacy of such Job Seekers, and you indemnify iWorkZone for any damages resulting therefrom. In addition, iWorkZone may, on your behalf, send out reminder emails to Job Seekers you wish to interview. iWorkZone may also send emails or updates to Job Seekers on your behalf indicating that your Job Listing is potentially a match for the Job Seeker’s resume. iWorkZone is not responsible for the content of your emails, application form, screener questions or their format, and iWorkZone does not guarantee delivery, your receipt of the Job Seeker’s emails or application materials, or that there will be no mistakes in the transmission of the data. When you use screener questions, you may be given the option to instruct iWorkZone to send out rejection notices if the Job Seeker has not answered the questions in the manner set forth in the online instruction. If you choose such option, you agree you are instructing us to send out rejection notices to such candidates and set them to rejected in your Employer dashboard. You further acknowledge that iWorkZone has no discretion in the transmission of these rejections (which is purely mechanical), that transmission is not guaranteed, and that the Job Seeker may not have answered the screener questions accurately. You agree that iWorkZone TMMS™ is presented to you without warranty and iWorkZone assumes no responsibility for the communications between you and the Job Seeker, which communications are yours’ and the Job Seekers’ sole responsibility. By using any automated phone screen product, you agree that you are requesting iWorkZone to send a Job Seeker a telephone number, which the Job Seeker may call with the purpose of answering your telephone screening questions. You agree these questions are part of your application process, are solely determined by you, and are not being asked by iWorkZone. You also agree that you are only asking iWorkZone to record the Job Seeker’s answers to your screening questions and that iWorkZone will forward you the answers to your questions. When you respond to or contact a Job Seeker who has used iWorkZone TMMS™, you are providing information to iWorkZone and requesting and authorizing us to make available such information to the applicable Job Seeker. Additionally, you consent to Job Seekers’ applications and any responses sent by you (including offer letters) through iWorkZone being processed and analyzed by iWorkZone according to this Agreement and iWorkZone’s Privacy Policy. iWorkZone shall store such information regardless of whether a job vacancy has been filled. You are responsible for the contents of any Career Page that you create, any Job Listings that you post, and any messages that you send through iWorkZone TMMS™ or otherwise, including any questions for Job Seekers. You agree that iWorkZone may reject or remove any Job Listing, any part of any Career Page, or any questions for Job Seekers for any or no reason. You shall indemnify, defend and hold harmless iWorkZone, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any Career Page created by you, or any Job Listing or screener questions (or answers thereto) posted by you, or any message sent by you (including any questions for Job Seekers contained in any of the foregoing). iWorkZone may provide analytics data regarding your Employer account to anyone at your company at iWorkZone’s discretion. iWorkZone is released from any liability if an existing employee uses the iWorkZone system to obtain a different job with another company while in the employ of the current Employer. To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any iWorkZone product, iWorkZone reserves the right to suspend or terminate your use of that iWorkZone product as well as any other iWorkZone product, including but not limited to those iWorkZone products where you do not have an unpaid invoice or account balance.
1(c) Regardless of whether you are an Employer or Job Seeker, when you send, store or receive materials (including Job Listings, resumes, and messages) through or using the Site, iWorkZone may, for example, use such materials for data analysis, quality control, or to refine the Site or any other iWorkZone product or service (including to provide better search results and other listings for Job Seekers and Employers), whether via automated means or otherwise. When you send, store or receive materials through or using the Site, iWorkZone may also inform a Job Seeker that an Employer has taken an action with regards to a Job Seeker’s application such as opening the application, viewing the application and making a decision with regards to the application, and you hereby consent to iWorkZone taking such actions. iWorkZone assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any job listing, Career Page, job solicitation, screener question, answer to screener question, resume information you post, send or receive through the Site. If you see any inaccuracy in any such material, it is your responsibility to correct such information or to contact iWorkZone to do so.
1(d) Regardless of whether you are an Employer or Job Seeker, iWorkZone may use application materials (including resumes, assessments, and responses to screener questions) to determine whether the matching metrics of any Job Seeker’s FIT Assessment and answers to screener questions match the Talent Patterns of a Job Listing, and vice-versa. Regardless of whether you are an Employer or Job Seeker, you agree and consent that iWorkZone may differentiate those matching metrics and screener questions from those that do not match, and presenting them to Employers as matches or not matches. iWorkZone may also use such information in order to improve the Site or any other iWorkZone product or service (including by displaying or otherwise making available potentially relevant Job Listings and resumes to Job Seekers and Employers). Pre-Hire Assessments should never be used for more than 30% of a decision to hire or to not hire an Applicant. Assessment results are simply one tool to assist in a screening and hiring process. iWorkZone TMMS™ does not give a hire/no-hire result. Candidate data and applications may be released back to the general database anytime after 30 days of application to a specific job if the Candidate is not hired and moved to Employee status in the software. This allows for the Job Seeker to be found using the Search Existing Job Seekers function.
1(e) Regardless of whether you are an Employer or Job Seeker, iWorkZone may provide certain categories of information to you for informational purposes only. For example, iWorkZone may provide you with data regarding estimated salaries for a certain Job Listing, or about estimated applies to a Job Listing you may receive as an Employer. These figures provided by iWorkZone are estimates given for informational purposes only, and they are subject to change or varying levels of accuracy. With respect to information regarding these estimates, if you are an Employer participating in the iWorkZone TMMS™ Program, please note that this is not the information you are purchasing from iWorkZone and you are not charged per Job Seeker. iWorkZone may also include salary estimations on pages other than Job Listings on the Site. Please note that all salary figures are approximations based upon multiple third party submissions to iWorkZone. These figures are given to iWorkZone users for the purpose of generalized comparison only. Minimum wage may differ by jurisdiction and you should consult the employer for actual salary figures.
1(f) Regardless of whether you are an Employer or Job Seeker, iWorkZone may provide certain types of career-related information on its Site in the iWorkZone Career Match. All information contained in the iWorkZone Career Match is for informational purposes only, and is in no way to be construed as professional career counseling. You understand that iWorkZone may give suggestions or information regarding best-practices, however, you understand that it is ultimately your responsibility to determine how to pursue your job search or candidate search. You further understand that in providing the iWorkZone Career Match, iWorkZone is not acting as a job placement agency or staffing firm. You also understand that by referring to the iWorkZone Career Match, you are not guaranteed job interviews, job placement or assurance of being hired, and you take full responsibility for use of these services.
1(g) Regardless of whether you are an Employer or Job Seeker, iWorkZone may provide you an online questionnaire relating to your industry and/or your hiring or job searching needs. iWorkZone may match a Job Seeker’s responses to such questionnaires to determine, on the basis of the Employer’s responses to a questionnaire about its industry and/or hiring needs, whether such Job Seeker would match the Employer’s hiring criteria as specified in the Employer’s questionnaire responses. In the event iWorkZone determines that a Job Seeker matches the Employer’s hiring criteria, iWorkZone may connect such matching Job Seeker and Employer by sending a note informing both parties of the match, including but not limited to sending an Employer a short description of a Job Seeker taken directly from the Job Seeker’s responses to the questionnaire. In all events you will know what data we are providing to either a Job Seeker or Employer, or upon which we relied to make the match, because you have actively submitted it. If the Employer and Job Seeker express interest in each other, you agree iWorkZone may provide the Employer with an email address for the Job Seeker either provided by iWorkZone or the Job Seeker and, if you are a Job Seeker, you consent to this. Regardless of whether you are an Employer or Job Seeker, by submitting the completed questionnaire, you agree and consent to iWorkZone (i) conducting such matching, utilizing only material you have submitted through the questionnaire process, (ii) presenting matching Job Seekers to Employers, and vice versa and (iii) storing and analyzing such data submitted in response to such online questionnaires.
1(h) If you are a Job Seeker, you take a variety of actions on our Site. For example, you search for jobs, and iWorkZone knows and stores the titles of jobs you search for, where those jobs are located, any information, including salary interest or experience of which you have informed iWorkZone, or the general salary range or experience level of the jobs you view (if indicated on the Job Listings), the Job Listings you apply to, or any of your other behavior on the iWorkZone site, when you use iWorkZone. You know exactly what this data is because you are the person who undertook the activity and the data pertains only to your activity. If you have an iWorkZone account, you agree that iWorkZone may use this observed factual data to suggest jobs to you and to suggest you or your public resume to Employers that might be interested in a person who matches your behavior and/or career interests on iWorkZone. You also agree that iWorkZone may contact you based on this observed behavior for Employers or for iWorkZone itself. Please note, although information may be sent to you by a third party through the iWorkZone system, the aforementioned behavior does not include information relayed to you. However, iWorkZone may publicly display the fact that you have recently used the iWorkZone Site or the fact that you have recently used the iWorkZone system to correspond with a third party.
1(i) Screening Question Tools: iWorkZone may make customizable screening tools available to Employers for Employer use in the application process, including screener questions, phone screen tools and employee assessments. iWorkZone is licensing these tools to you for your use as you determine. By using any custom screening product, made available to you by iWorkZone, you agree that you have made the determination to use these tools as part of your application process, and the substantive questions you ask or choose are solely determined by you, and are not being asked by iWorkZone. You are the sole party to determine which answers will qualify a candidate. You are solely responsible for the use of the screening tool including any results which are considered to have a “disparate impact”. You further acknowledge that you are responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any other equivalent state act. iWorkZone does not warrant that the method of delivery of these questions would be compliant with the Americans with Disabilities Act or any equivalent state act. You the Employer agree to indemnify iWorkZone for any and all claims arising out of an Employer’s use of a Screening Tool, including any claims that any screening tool does not comply with the Americans with Disabilities Act or that such Screening Tool results in a “disparate impact”. iWorkZone hereby claims NO disparate impact.
1(j) Regardless of whether you are a Job Seeker or an Employer, any emails or email notifications corresponding with any actions you take on the Site through the iWorkZone TMMS™ process are provided solely as a courtesy. iWorkZone disclaims all warranties with regards to the transmission of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent.
- 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.
- 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.
- 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).
- License to User Content and Feedback