Acceptance of These Terms

By accessing the website, submitting a form, uploading information, requesting recruiting services or otherwise using the website, you agree to these Terms of Use and our Privacy Policy. If you do not agree, do not use the website.

Additional terms may apply to particular services. For example, an employer that engages Apex Workforce may be required to sign a separate staffing or recruiting agreement. When additional written terms conflict with these website terms, the additional written terms control for the covered service.

Eligibility and Authority

You must be legally capable of agreeing to these terms. If you use the website for a company or other organization, you represent that you are authorized to provide information and act on behalf of that organization.

Job seekers must provide their own information or information they are authorized to submit. The website is not intended for children under 13.

Nature of Apex Workforce Services

Apex Workforce provides recruiting, candidate sourcing, hiring coordination and related workforce-support services. The website allows businesses to request help, provide details about open positions, complete assessments and communicate with our team. It also allows job seekers to submit applications and information for possible employment opportunities.

Employer Responsibilities

Businesses and employer representatives using the website agree to:

• Provide accurate, current and complete information about the business and its open positions.
• Describe job duties, schedules, qualifications, work conditions and compensation truthfully.
• Maintain a lawful and reasonably safe workplace.
• Follow applicable employment, wage, safety, immigration, equal-opportunity and anti-discrimination requirements.
• Make all final interview, hiring, classification, supervision, compensation, discipline and termination decisions unless a separate written agreement expressly states otherwise.
• Protect candidate information and use it only for legitimate hiring purposes.
• Notify Apex Workforce promptly of hires, offers, changes to a position or other information required by an applicable service agreement.

Applicant and Candidate Responsibilities

Applicants and candidates using the website agree to:

• Provide accurate and complete contact, work-history, qualification and availability information.
• Submit only documents and information they have the right to provide.
• Keep contact information reasonably current and respond honestly during the recruiting process.
• Not misrepresent experience, credentials, licenses, identity, eligibility, references or other material facts.
• Communicate professionally with Apex Workforce and prospective employers.

Applicants are responsible for evaluating any opportunity, employer, duties, compensation, location and work conditions before accepting employment.

No Guaranteed Candidate, Interview or Employment Outcome

Apex Workforce does not guarantee the number of candidates, applicant quality, response rates, interview availability, hiring speed, placement, job offers, employment duration, employee performance, attendance or retention.

Employers make their own hiring decisions. Candidates decide whether to pursue or accept opportunities. Any replacement support or other service commitment is available only when stated in a separate written agreement and subject to that agreement’s requirements and limitations.

Fees, Payments and Service Agreements

Website access is not a promise that recruiting services will be provided without charge. Employer fees, payment deadlines, candidate-referral protection, replacement support and other service terms are governed by the applicable written agreement, proposal, invoice or other document accepted by the employer.

Nothing displayed on the website modifies a signed agreement unless Apex Workforce expressly agrees to the change in writing. Employers are responsible for reviewing all applicable fees and terms before engaging services or hiring a candidate introduced by Apex Workforce.

Acceptable Use and Prohibited Conduct

You may not use the website to:

• Violate any law, regulation, court order or the rights of another person.
• Submit false, misleading, fraudulent, discriminatory, threatening or unlawful content.
• Impersonate another person or misrepresent your authority or affiliation.
• Scrape, harvest, copy or collect website or user information through unauthorized automated means.
• Introduce malware, malicious code or other material designed to disrupt or compromise systems.
• Attempt to bypass security, interfere with website operation or gain unauthorized access.
• Use candidate or employer information for spam, solicitation, resale, harassment or any purpose unrelated to legitimate recruiting or employment activity.
• Reproduce or commercially exploit website content without written permission.

Information and Materials You Submit

You retain ownership of information and materials you submit, subject to any rights belonging to third parties. You grant Apex Workforce permission to receive, store, reproduce, review, organize, transmit and share submitted information as reasonably necessary to operate the website, respond to requests, provide recruiting services, evaluate candidates, communicate with employers and candidates, maintain business records and protect legal rights.

You represent that the information you submit is accurate to the best of your knowledge and that your submission does not violate another person’s privacy, confidentiality, intellectual-property or contractual rights.

Electronic Communications

By using the website or submitting a form, you agree that Apex Workforce may communicate with you electronically regarding your request, application, recruiting process, service relationship, appointments, reminders and account or operational updates.

Consent to promotional email or text messages is handled separately where required and is not a condition of purchasing services or being considered for an opportunity. Message and data rates may apply. Communication preferences can be updated by following message instructions or contacting us.

Privacy

Our collection, use and disclosure of personal information is described in the Apex Workforce Privacy Policy. Please review that policy before submitting personal, business, applicant or candidate information.

Third-Party Websites, Forms and Services

The website may use or link to services operated by third parties, including form, hosting, communications, analytics and customer-relationship-management providers. Those services may be governed by separate terms and privacy policies.

Apex Workforce does not control independently operated third-party websites and is not responsible for their availability, content, security or practices. A link or integration does not necessarily mean Apex Workforce endorses every statement, product or service offered by the third party.

Intellectual Property

The website design, branding, logos, text, graphics, layouts, forms, workflows and other original website materials are owned by Apex Workforce or used with permission and are protected by applicable intellectual-property laws.

Apex Workforce grants you a limited, revocable, nonexclusive and nontransferable right to access and use the website for its intended business, recruiting or job-search purposes. No ownership rights are transferred to you.

Website and Service Disclaimers

To the fullest extent permitted by law, the website and its content are provided on an “as is” and “as available” basis. Apex Workforce does not warrant that the website will always be available, uninterrupted, secure or error-free, or that all content will be complete, current or suitable for every purpose.

Website content is provided for general information and intake purposes and is not legal, tax, financial, safety, immigration or human-resources advice. Employers and applicants should obtain appropriate professional advice for their specific circumstances.

Limitation of Liability

To the fullest extent permitted by law, Apex Workforce and its owners, representatives, contractors and service providers will not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, lost profits, lost opportunities, lost data, business interruption or reputational harm arising from or connected with website use, inability to use the website, recruiting activity, candidate conduct, employer decisions or third-party services.

Where liability cannot be excluded, Apex Workforce’s aggregate liability arising from website use will not exceed the greater of the amount you paid Apex Workforce specifically for website access during the six months before the event giving rise to the claim or $100. This website limitation does not replace a different liability provision contained in an applicable signed service agreement.

Indemnification

To the extent permitted by law, you agree to defend, indemnify and hold harmless Apex Workforce and its owners, representatives, contractors and service providers from claims, losses, liabilities, damages and reasonable costs arising from your misuse of the website, violation of these terms, unlawful conduct, submitted information, infringement of another person’s rights or failure to meet responsibilities that apply to you as an employer, applicant or website user.

Suspension or Termination of Access

Apex Workforce may restrict, suspend or terminate access to the website or decline to process a submission when reasonably necessary to protect the website, users, candidates, employers, business operations or legal rights, including suspected fraud, abuse, security threats, unlawful activity or material violations of these terms.

Governing Law and Venue

These Terms of Use are governed by the laws of the State of Texas, without regard to conflict-of-law principles. Unless a separate written agreement requires a different process or applicable law requires otherwise, disputes arising from these website terms will be brought in a state or federal court with jurisdiction in Bexar County, Texas, and the parties consent to that venue.

Changes to These Terms

Apex Workforce may update these Terms of Use to reflect changes in the website, services, business practices or legal requirements. The effective date at the top of the page identifies the current version. Changes apply prospectively when posted unless a later date is stated.

Material changes will not retroactively alter a signed service agreement unless the parties agree in writing.

General Terms

If any provision of these terms is found unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law. A failure to enforce a provision is not a waiver of the right to enforce it later.

These Terms of Use, together with the Privacy Policy and any applicable separate written agreement, contain the complete website-use agreement between you and Apex Workforce regarding the matters they cover. You may not assign your rights under these terms without our written consent. Apex Workforce may assign these terms in connection with a reorganization, merger, sale of assets or transfer of the website or business.

Contact Apex Workforce

Contact us with questions about these Terms of Use or the Apex Workforce website.