Last Updated: November 5, 2021
Welcome to the Industrial Staffing Services, Inc dba as Evaluent websites and the Evaluent mobile application together with any materials and services available therein, and successor site(s) thereto (individually referred to as the “Site” or collectively as the “Sites”), which are operated by Industrial Staffing Services, Inc. dba Evaluent and its subsidiaries (“Evaluent” or “we” or “us”).
These Terms and Conditions (“Terms”) state the terms and conditions governing your use of and access to the Sites and constitute a legally binding contract between you and Evaluent. These Terms incorporate any additional terms and conditions posted by Evaluent through the Sites, or otherwise made available to you by Evaluent.
PLEASE REVIEW THESE TERMS AND POLICY CAREFULLY. YOUR ACCESS TO AND/OR USE OF THE SITES CONSTITUTES YOUR ACCEPTANCE OF, AND CONSENT TO BE BOUND BY, THESE TERMS AND POLICY. IF YOU DO NOT ACCEPT AND CONSENT TO BE BOUND BY THESE TERMS AND POLICY, THEN YOU MUST NOT USE OR ACCESS THE SITES.
We may change these Terms and/or Policy from time to time by notifying you of such changes by any reasonable means, including by posting revised Terms or Policy through the Sites. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms or Policy incorporating such changes, or otherwise notified you of such changes.
In the event of a conflict between these Terms and/or Policy, and any other applicable terms or agreement fully executed by you and Evaluent, the other applicable terms or agreement shall control.
We may, at any time and without liability, modify or discontinue all or part of the Sites (including access to the Sites via any third-party links); or offer opportunities to some or all Site users. Any changes will become effective when we post the revised Terms on the Sites. Your use of the Sites following these changes means that you accept the revised Terms.
Evaluent is not a law firm and does not provide legal representation.
Table of Contents
By using the Sites, you affirm that you are of legal age to enter into these Terms. If you are an individual accessing or using the Sites on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (an “Organization”, or collectively also referred to as “you”), then you are agreeing to these Terms on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these Terms. References to “you” and “your” in these Terms will refer to both the individual using the Sites and to any such Organization.
The Sites are controlled or operated (or both) from the United States and are not intended to subject Evaluent to any non-U.S. jurisdiction or law. The Sites may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Sites is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the Sites’ availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
Subject to and conditioned on your compliance with these Terms, Evaluent grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to access and use the Sites, and to download copies of the materials that we make available for download on the Sites, in each case solely for your personal and non-commercial use or for the purpose of doing business with Evaluent.
The Sites, including all content, information, and materials incorporated into or made available through the Sites, are the exclusive property of Evaluent or its suppliers, and are protected by U.S. and international law. You agree not to access or use the Sites, or any content, information, or materials incorporated into or made available through the Sites, except as expressly permitted under these Terms.
All trademarks, service marks, and logos displayed on the Sites (the “Marks”) are the exclusive property of Evaluent or their respective third-party owners. Except for your right to view Marks on our Site, you are not granted any rights to the Marks. Nothing in the Sites grant, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Sites.
3. USER-SUBMITTED MATERIALS
The Sites include functionality to enable you to upload your résumé, other employment- and career-related information, job orders, and/or other information related to your Organization, and may also enable you to submit comments and materials through interactive features such as message boards, other forums, and chatting, commenting and other messaging functionality (all such résumés, information, comments, and materials are “Submitted Materials”). For clarity, you retain ownership of your Submitted Materials. You hereby grant Evaluent a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use and exploit such Submitted Materials, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).
In addition, if you provide to us any ideas, proposals, suggestions, bugs, or other materials (“Feedback”), whether related to the Sites or otherwise, such Feedback will be deemed Submitted Materials, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Evaluent under any fiduciary, financial, or other obligation.
You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submitted Materials, and your provision thereof through and in connection with the Sites, are complete and accurate, and are not fraudulent, tortious, or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
Evaluent may (but has no obligation to) screen, monitor, evaluate and remove any Submitted Materials at any time and for any reason, or analyze your access to and use of the Sites. We may disclose information regarding your access to and use of the Sites, and the circumstances surrounding such access and use, to anyone for any reason or purpose.
4. RULES OF CONDUCT
In connection with the Sites, you agree NOT to:
Post, transmit or otherwise make available through or in connection with the Sites any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
Insert or permit to be inserted, any malicious or harmful software into the Sites, including but not limited to any software designed to (a) make unauthorized changes to or cause damage to the Sites or Third-Party Materials as defined below; (b) copy, provide unauthorized access to, or prevent authorized access to the Sites; or (c) prevent detection of any unauthorized invasion of the Sites (“Malware”).
Use the Sites for any unauthorized commercial purpose, including competing with Evaluent, or for any purpose that is fraudulent or otherwise tortious or unlawful.
Harvest or collect information about users of the Sites.
Interfere with or disrupt the operation of the Sites or the servers or networks used to make the Sites available, including by hacking or defacing any portion of the Site; or violate any requirement, procedure or policy of such servers or networks.
Restrict or inhibit any other person from using the Sites.
Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Sites except as expressly authorized herein.
Reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law.
Remove any copyright, trademark or other proprietary rights notice from the Sites.
Frame or mirror any portion of the Sites, or otherwise incorporate any portion of the Sites into any product or service.
Systematically download and store Site content.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Site content or reproduce or circumvent the navigational structure or presentation of the Sites, without Evaluent’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, Evaluent grants to the operators of public search engines permission to use spiders to copy materials from the Sites for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Evaluent reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
5. THIRD-PARTY MATERIALS
The Sites may make available or provide links to third party websites, content, services, or information (“Third-Party Materials”). Evaluent does not control, and is not responsible for, any Third-Party Materials and the availability of any Third-Party Materials on the Site does not imply endorsement of, or affiliation with the provider of Third-Party Materials. Your use of Third-Party Materials is at your own risk.
THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND EVALUENT EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, AND WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OR TRADE.
While we try to maintain the timeliness, integrity, and security of the Sites, we do not guarantee that the Sites are or will remain updated, complete, correct or secure, or that access to the Sites will be uninterrupted. The Sites may include inaccuracies, errors and materials that violate or conflict with these Terms. Additionally, third parties may make unauthorized alterations to the Sites.
8. LIMITATION OF LIABILITY
YOU AGREE EVALUENT AND ITS AFFILIATES, INCLUDING THEIR RESPECTIVE EMPLOYEES, OFFICERS, AGENTS AND DIRECTORS, WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, OR LOSS OF SECURITY OF SUBMITTED MATERIALS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMITTED MATERIALS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, YOU FURTHER AGREE EVALUENT WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITES OR FROM ANY THIRD-PARTY MATERIALS, INCLUDING FROM ANY MALWARE OR ANY VIRUS, WORM, HACK, OR MALICIOUS SOFTWARE THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITES IS TO STOP USING THE SITES. YOU AGREE THE MAXIMUM AGGREGATE LIABILITY OF EVALUENT FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL BE $100.
Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.
Evaluent may terminate or suspend your access to the Sites at any time, with or without cause or notice, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination or suspension, (a) your right to access and use the Sites will immediately cease; (b) Evaluent may immediately deactivate or delete your user name, password and account; (c) Evaluent will be under no obligation to maintain or provide you with access to any materials associated with your account (including Submitted Materials), and may retain or delete such materials in Evaluent’s sole discretion; and (d) except for the license granted to you to access and use the Sites, the remaining provisions of these Terms will survive and continue in effect.
10. NOTICE OF COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Sites infringe your copyright, you (or your agent) may send to Evaluent a written notice by mail, email, or fax, requesting that Evaluent remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Evaluent a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to:
Attn: Jourdan Block
25 Kennedy Blvd.
East Brunswick, NJ 08816
Phone: (732) 238-6050
We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
11. GOVERNING LAW; JURISDICTION
These Terms are governed by, and will be construed in accordance with, the laws of (a) the state where you use or access the Sites; or (b) if a dispute arises relating to (i) your consideration for placement on a job, (ii) your placement on a job, or (iii) your job order, the state in which the job opportunity at issue is located.
These Terms do not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Evaluent. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms without restriction. No waiver by either party of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms will be construed as if followed by the phrase “without limitation.” These Terms, including any terms and conditions incorporated herein, constitute the entire agreement between you and Evaluent relating to the subject matter hereof, and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and Evaluent relating to such subject matter. Notices to you (including notices of changes to these Terms) may be made via posting to the Sites or by email (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Evaluent will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
13. ACCOUNT AND PASSWORD
You may need to register for an account to use all or portions of the Sites. We may reject, or require that you change, any username, password, or other information that you provide to us in registering. You, and not Evaluent, are responsible for the security of and any use or misuse of your username or password. In particular, it is your sole responsibility to (a) maintain the confidentiality of your account login and password; (b) frequently update and revise your password; and (c) promptly notify Evaluent if there is any unauthorized use of your account(s) or any breach of security by contacting us in accordance with the “CONTACT US” section below.
If you are a business client of Evaluent to whom we provide services (“Customer”), you may register with Evaluent on the Sites. If you are a Customer using the Sites to engage contract talent online, the Terms of Service for Contract Talent state the terms and conditions governing your use of contract talent services, including your use of and access to the Site listed above.
Once registered, you may be able to:
create new orders;
review and modify existing orders;
review details for each order, including Candidate Information (as that term is defined in Section 15.1);
update your contact information;
view candidate recommendations;
request to interview and/or engage candidates and
review and approve time reports for Evaluent candidates currently working on jobs with you.
You agree that you are solely responsible for all activities undertaken within your Customer account, including but not limited to any charges and additional fees incurred for extending or otherwise modifying jobs and creating new job orders.
14.2 Payments Through the Sites
If you wish to pay an outstanding invoice through the Sites (each such payment, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your bank information, routing number, bank account number, bank account type, credit card number, card verification number, the expiration date of your credit card, your billing address, billing phone number, and email. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY BANK ACCOUNT INFORMATION OR CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. Verification of information may be required prior to the acknowledgment or completion of any Transaction. Evaluent or our agents may call or contact you regarding your account or your Transactions. You agree that we may place such calls or contact you relating to the Transaction.
15.1 Registration and Use of Sites
If you register as a candidate on the Sites (“Candidate”), you may opt to enroll in or be automatically enrolled in other Evaluent offerings designed to assist you in finding a job. As part of the enrollment process, we may require you to provide us with certain information including, but not limited to, your resume, name, email address, phone number, work history, education, experience, pay/compensation expectations, and geographic location (the "Candidate Information"). Once you have enrolled, Evaluent personnel may reach out to you via the email address or phone number your provided, and work with you to finalize your Candidate profile and continue to work with you throughout your use of the Sites.
You may be able to update your job search criteria and preferences, upload and update your resume, receive alerts, update your availability, view the status of your application, and provide us with additional information about you. Your Candidate Information may be viewed by Customers on the Sites according to Evaluent’s matching algorithm. Customers may have the opportunity to communicate with you directly through the Sites. You may receive notification from the Sites regarding a Customer’s interest in you and details about the job. You may, in your sole discretion, respond to any Customer that has contacted you via the Sites, to accept or reject any interview requests. All requests for interviews by Customers through the Sites do not guarantee a final job or job offer, or a job offer at any level of compensation.
You agree that you are solely responsible for all activities undertaken within your account(s). Any initial communication between you and any Customer matched with shall be made exclusively through the Sites. Further communication with any Customer may only take place outside of the Sites after a Customer requests an interview with you and you accept the interview through the Sites. You further agree not to independently attempt to contact any Customer through an alternative means outside the Sites.
15.2 No Guarantee
Further, without limiting the foregoing, Evaluent (a) does not guarantee that you will receive any employment or job offers through the Sites; (b) will not be responsible for any job offers or listings, initial screenings, hiring decisions, or actual employment presented by third parties; and (c) is neither your employer nor your agent based solely on your usage of the Sites. You must use your own judgment in evaluating any prospective employers and any Third-Party Materials.
15.3 Authorization and Certification
You authorize Evaluent, Customers, and their respective agents to make investigations and inquiries into your work and educational history and other related matters as may be necessary in arriving at a decision to place you on a job. Evaluent may use a third-party vendor to perform such investigations/inquiries. If a third-party vendor is used, you will be provided additional disclosures and authorization forms as required by applicable laws prior to a third party performing such investigations/inquiries.
You release employers, schools, and other persons from all liability in responding to inquiries connected with your application and you specifically authorize the release of information by any schools, businesses, individuals, services, or other entities listed by you in the Candidate Information. Furthermore, you authorize Evaluent and its agents to release any reference information to Customers who request such information for purposes of evaluating your credentials, skills and experience and you acknowledge that Customers may reach out to you directly.
You certify as to the accuracy of the Candidate Information and in any resume or other work history information. You understand that any misstatement of fact may cause you to be refused a job by Customer, to lose your job once placed on a job with Customer or may result in removal of your account from the Sites. You are responsible for keeping Candidate Information accurate, complete, and up to date at all times.
15.4 No Charge
There is no charge for Candidates to use the Sites. Neither Evaluent nor Customers will require a payment from you.
You agree that by using the Sites as a Candidate, Evaluent may contact you via the phone number (via text, call, or video conference) provided to Evaluent, including cell phone numbers. You also agree that by using the Sites, Evaluent may provide you with job opportunity or general employment information by sending email to you at the email address provided to Evaluent.
15.6 Employment and Income Verification
If you were hired as full-time contract talent by Evaluent and you need to verify your employment or income, please send an email to ops@Evaluent.com or call 732.238.6050.
16. MOBILE APPLICATION
If you elect to utilize the App, you agree to these additional terms stated in this section entitled “MOBILE APPLICATION.”
16.1 Account and Password
We will be entitled to assume that anyone logging into your account on the App using your username and password is either you or someone logging in with your permission. If you fail to keep your username and password confidential, or if you share your username and password with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this. We will not be responsible to you for any loss that you suffer as a result of an unauthorized person accessing your account and/or using our App and we accept no responsibility for any losses or harm resulting from its unauthorized use, whether fraudulently or otherwise.
You understand that if you delete your account or the App from your device, or if we delete your account in accordance with these Terms, you may lose access to any data previously associated with your account (including, without limitation, your job applications and work history).
16.2 Push Messages
If you download the App, you may receive push notifications sent to you outside or inside the App which may include alerts, badges, banners, and sounds ("Push Messages"). If you agree to allow Push Messages, then the App will generate Push Messages on your mobile device. You may control the Push Messages in your device or App settings. Some of the Push Messages may be related to your location. Your carrier may charge standard data and other fees for use of Push Messages, and these fees may appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Push Messages and certain Push Messages may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. You may discontinue Push Messages in your device or App settings or by deleting the App. We may collect information related to your use of Push Messages. If you have registered for Push Messages, you agree to notify us of any changes to your mobile number, as applicable, and update your account on the App to reflect this change.
17. ONLINE TIME REPORTING AND APPROVAL SYSTEM
The Online Time Reporting and Approval System is an online tool that allows Evaluent’s employees, independent contractors, and business clients to enter, review, and approve time reports (the “System”). “Employee” refers to users of the System who are employed by Evaluent. The term “Independent Contractor” refers to users of the System who are working as independent contractors through Evaluent. Within this section entitled “ONLINE TIME REPORTING AND APPROVAL SYSTEM,” the term “Customer” refers to users of the System who are business clients of Evaluent. If you are not an authorized Employee, Independent Contractor, or Customer in the United States, please do not use the System. Unauthorized access or usage is strictly prohibited, and violators are subject to civil liabilities and criminal prosecution.
17.2 Direct Deposit
If you are an Employee or Independent Contractor, you may receive payment of wages using a variety of methods including direct deposit. You may also update your direct deposit information or enter new direct deposit information. You may make changes to your default payment method in the App by going to the Account Information section of the My Account menu. You are responsible for maintaining the accuracy of information we have on file, and you consent to Evaluent updating such stored information from time to time based on information provided by you, your bank, or other payments services providers. You will only provide to us information about payment methods that you are authorized to use. Your bank may charge you a fee for using direct deposit, which you are solely responsible for.
17.3 Data Entry and Approval
After a user creates an account in the System and a job order is created, Employees and Independent Contractors may opt to enter the days and hours worked on a time report through the System. A Customer may opt to receive, review, and approve the time report in the System.
17.3.1 Employee and Contractor Data Entry
If you are an Employee or Independent Contractor, you certify that the days and hours entered on the time report through the System are correct, complete, and were worked by you. You understand that a misstatement of fact may cause you to lose your employment or contract with Evaluent or may result in removal of your account from the System.
17.3.2 Customer Data Entry
If you are a Customer, by clicking the submit button, you acknowledge your receipt and approval of the time report. You understand that a misstatement of fact may cause Evaluent to discontinue providing services or may result in removal of your account from the System.
17.3.3 General Data Entry Terms
By submitting your hours, comments, data and/or approval of time report information to the System (the "Time Report Information"), you hereby grant Evaluent a perpetual, non-exclusive, irrevocable, royalty free, worldwide license and right to use, copy, modify, display, distribute, download, store, reproduce, transmit, publish, transfer, adapt, create derivative works in any manner, by any means, in entirety or a portion of, of your Time Report Information.
You acknowledge and accept that Evaluent will share the Time Report Information with third parties for Evaluent’s business purposes, including but not limited to Evaluent’s business clients, advisors, agents, and consultants. Evaluent will not sell your Time Report Information to any third party for marketing purposes.
17.4 Account Security
You are responsible for the security of your password and for any use of your account of the System. You shall promptly notify Evaluent of any unauthorized use of your password or account via email@example.com
18. Contact Us
If you have any questions or complaints about the Terms or the Policy, or if you would like to update any personal information you have provided to us, please contact us at the mailing address or email address below.
25 Kennedy Blvd.
East Brunswick, NJ 08816
Email Address: firstname.lastname@example.org
Please note that email communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your email correspondence with us.