HIREBOX™: TERMS AND CONDITIONS OF USE
JOB-BASED EVALUATION AND TESTING SERVICES
IMPORTANT: READ CAREFULLY.
Terms and conditions related to the use of any test with HIREBOX® for the purpose of personnel evaluation as part of your selection/hiring and/or performance evaluation projects.
By using any test from HIREBOX, you agree to the conditions of use as hereby stated. The use of any test from HIREBOX by you, THE CLIENT, results in this legal agreement between HIREBOX, LLC. (1988 Freedom Drive Clearwater Florida 33755), any of their respective employees, officers, directors, owners, members, shareholders, principals, agents, licensors, licensees, parent corporations, subsidiaries, and/or affiliates, and you, THE CLIENT, for the rendering of personal Evaluation and testing services. Before you order and use any test from HIREBOX to evaluate any potential future or existing employee, you must have accepted the terms and conditions of use as stated in this section.
Any test from HIREBOX has the purpose of evaluating a person’s potential against a specific job, in a specific work environment. It helps the employer undertake a matching analysis or compatibility check between required job qualifications and the evaluated person’s professional experience, skills and motivations.
No test from HIREBOX is a judgment tool; it should be exclusively used as part of a complete selection or evaluation procedure, including a formal interview, a thorough technical skills analysis and a background check – or a full performance review, in respect of applicable national laws.
Never use any test from HIREBOX to judge a person, but rather to know and understand him/her better. Consider any test from HIREBOX as a powerful companion to your overall selection and/or evaluation procedure. It will help you confirm what you might have observed during an interview and/or challenge what you might not have seen.
The purpose of our tools on the HIREBOX platform is to evaluate a candidate’s or employee’s potential against a specific job, in a specific work environment. It helps you do a « matching analysis » or « compatibility check » between required job qualifications and the candidate’s or employee’s professional experience, skills and motivations.
Some traits in any test from HIREBOX may present very low scores – a potential indicator that the evaluated person has recently gone through some serious difficulties or bad experience, at work or in life. Please ensure that you thoroughly read and understand the comments provided in this profile report, specifically related to these very low traits. As a matter of facts, a major failure, loss, disappointment, etc… could temporarily “collapse” one’s personality and behavior characteristics. Any of our tests will provide such comments when we believe it might be applicable.
The provided information in any test from HIREBOX does not necessarily represent a complete “picture” of the evaluated person. In case of doubt you can contact the quality control department of your test provider.
Per applicable laws related to privacy and specifically per the E.E.O.A. (Equal Employment Opportunity Act), no candidate or employee can be forced to fill a productivity or personality test for selection purposes. Also, anyone filling a test for selection purposes has a right to have access to the provided information.
USE OF OUR HIREBOX TESTING PLATFORM AND ITS WEB-BASED SOFTWARE
You agree to conduct your business and your business of personnel evaluation and testing services, including provision of the results of testing through the use of any test from HIREBOX to applicants or employees, in a manner consistent and in compliance with the laws and regulations of your jurisdiction and each jurisdiction in which such personnel evaluation and testing services will be promoted, offered and/or provided to applicants. You thus agree to limit use to business-related testing for job skills and other personal qualities necessary to qualify for employment. You also agree to limit the use of your test provider to providing information about hiring and managing employees in a non-discriminatory manner and in a manner that respects the private aspects of prospects’ and employees’ lives unrelated to qualifications and competency on the job. This includes, but is not limited to, (1) your allowing any test taker – and notifying such person in advance that he or she has the right – to decline to answer on the grounds of personal privacy any question posed to him or her on your test provider’s accompanying tests and (2) your refraining from utilizing such action by a test taker adversely in any screening, hiring, management, or administrative decision.
You understand and agree that any test score obtained with any test from HIREBOX cannot predict the future success or failure of an individual as an employee and will communicate this in writing to your applicants. You agree to (1) confirm that any test score obtained with any test from HIREBOX cannot predict the future success or failure of an individual as an employee; and (2) perform a full interview and background check process to the extent allowed by applicable law in addition to testing their applicants and employees for employment or advancement utilizing the with any test from HIREBOX. You also agree to perform a full interview and background check process to the extent allowed by applicable law in addition to testing your own business’s applicants and employees for employment or advancement utilizing any test from HIREBOX.
You agree that you will require each applicant by written agreement to obtain advance written or electronic acknowledgment, agreement, and/or consent as appropriate for its applicable jurisdiction(s) (written or electronic consent) from each person to be tested with the aid of any test from HIREBOX and that such written or electronic consent shall (1) accurately confirm that the administration of such testing and any other hiring process is to enable the client to determine whether the person possesses the skills and other personal qualities necessary to qualify for the position at issue and (2) release you, HIREBOX, LLC., officers, stock holders, employees, representatives, agents, licensees, licensors, subsidiaries, parent corporations, associated testing services and any and all other related individuals, corporations, partnerships and organizations from any and all claims, demands, suits and/or liabilities – including but not limited to claims based on any rights of privacy – arising from or in any way related to such testing and interview processes.
You agree, as a written condition of receipt of your personnel evaluation and testing services, to implement a waiver in compliance with applicable laws in conjunction with employment screening, testing, hiring, managerial, and administrative processes utilizing any test from HIREBOX. You also agree to obtain such written consent for each person to be tested for your own business, implementing a form of waiver in compliance with applicable laws in conjunction with your business’s employment screening, testing, hiring, managerial, and administrative processes utilizing any test from HIREBOX.
In the event any claim arising in whole or in part from your use of all or any portion of any test from HIREBOX and/or from the use by any third party of all or any portion of any test from HIREBOX obtained from you (Client claim) is threatened and/or brought against HIREBOX, LLC. and/or any of their respective employees, officers, directors, owners, members, shareholders, principals, agents, licensors, licensees, parent corporations, subsidiaries, and/or affiliates, you agree to indemnify HIREBOX, LLC. or affiliated parties for all attorney fees, any and all other costs and expenses of defense, and all liability incurred by such party or parties in connection with such Client claim.
LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HIREBOX, LLC. AND/OR ANY OTHER PARTY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF THE RECRU-TECTM TEST OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF HIREBOX, LLC. AND/OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, HIREBOX, LLC. AND/OR ANY OTHER PARTY’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICE OR $50.00 USD, WHICHEVER IS GREATER.
This Agreement may be executed in one or more counterparts, each of which shall be an original and all of which together shall constitute one instrument. Execution copies may be exchanged by facsimile or by electronic mean such as formal attest via our agreement form on HIREBOX, LLC.’s website. This Agreement is the entire agreement between the parties hereto with respect to the subject matter hereof, and it supersedes all prior agreements or understandings regarding its subject matter. No failure or delay in exercising any right or remedy shall operate as a waiver of any such (or any other) right or remedy. Any modification or waiver to this Agreement must be in writing and signed by both parties. This Agreement shall bind and inure to the benefit of the parties and their successors and assigns. In the event of any legal proceeding between the parties arising out of or related to this Agreement, the prevailing party shall be entitled to recover, in addition to any other relief awarded or granted, its costs and expenses (including reasonable attorneys’ and expert witness’ fees) incurred in any such proceeding.
These conditions of use and Agreement shall be governed by the laws of the State of Florida, without reference to conflicts of laws principles. Any dispute under this Agreement shall be litigated exclusively in this state or federal courts in Pinellas County.