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
- USER-SUBMITTED MATERIALS
- RULES OF CONDUCT
- THIRD-PARTY MATERIALS
- LIMITATION OF LIABILITY
- NOTICE OF COPYRIGHT INFRINGEMENT
- GOVERNING LAW; JURISDICTION
- ACCOUNT AND PASSWORD
- MOBILE APPLICATION
- ONLINE TIME REPORTING AND APPROVAL SYSTEM
- Contact Us
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
- 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
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.
10. NOTICE OF COPYRIGHT INFRINGEMENT
Attn: Jourdan Block
25 Kennedy Blvd.
East Brunswick, NJ 08816
Phone: (732) 238-6050
11. GOVERNING LAW; JURISDICTION
13. ACCOUNT AND PASSWORD
- 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.
14.2 Payments Through the Sites
15.1 Registration and Use of Sites
15.2 No Guarantee
15.3 Authorization and Certification
15.4 No Charge
15.6 Employment and Income Verification
16. MOBILE APPLICATION
16.1 Account and Password
16.2 Push Messages
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
17.3.1 Employee and Contractor Data Entry
17.3.2 Customer Data Entry
17.3.3 General Data Entry Terms
17.4 Account Security
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