BUILD™ EMPLOYER PARTICIPATION AGREEMENT
Welcome to the BUILD™ Workforce Platform operated by BUILDCO ENTERPRISES, LLC ("BUILDCO").
This Employer Participation Agreement ("Agreement") governs your organization's (“Employers”) participation in the BUILD™ platform. By creating an employer account, submitting company information, or accessing candidate information through BUILD™, you agree to the terms set forth below.
1. PURPOSE OF PLATFORM
BUILD™ is a workforce development and employment technology platform designed to facilitate connections between employers and individuals seeking employment opportunities in the construction, skilled trades, transportation, manufacturing, industrial, and related industries (“Job Seekers”).
BUILDCO provides technology services only and does not act as an employer, recruiter of record, employment agency, staffing agency, labor organization, labor union, professional employer organization, or agent of any participating employer.
2. AUTHORIZATION TO PARTICIPATE
By registering for the BUILD™ platform, Employer represents and warrants that:
• It is a legitimate business entity.
• It is authorized to enter into this Agreement.
• The individual accepting this Agreement has authority to bind the organization.
• All information submitted to BUILDCO is accurate and complete.
• It will promptly update any information that becomes inaccurate.
3. COMPANY PROFILE INFORMATION
Employer authorizes BUILDCO to collect, store, display, and utilize company information provided through the BUILD™ platform, including:
• Company name
• Business address
• Contact information
• Licensing information
• Industry classifications
• Service areas
• Employment opportunities
• Company descriptions
• Logos and marketing materials
• Other information voluntarily submitted
Employer certifies that all information submitted is truthful and not misleading.
4. ACCESS TO CANDIDATE INFORMATION
Employer understands that BUILDCO may provide access to candidate profiles, resumes, certifications, licenses, training records, and other information submitted by participating Job Seekers.
Employer agrees to use such information solely for lawful employment, recruiting, workforce development, and hiring-related purposes.
Employer shall not:
• Sell Job Seekers' information.
• Transfer Job Seekers' information to unauthorized third parties.
• Use Job Seekers' information for marketing unrelated to employment opportunities.
• Harvest, scrape, reproduce, or commercially exploit platform data.
• Use Job Seekers' information in violation of any applicable law.
5. EMPLOYER RESPONSIBILITIES
Employer acknowledges and agrees that it is solely responsible for its:
• Recruitment decisions.
• Hiring decisions.
• Employment eligibility verification.
• Wage and hour compliance.
• Workplace safety.
• OSHA compliance.
• Equal Employment Opportunity compliance.
• ADA compliance.
• Immigration compliance.
• Prevailing wage compliance.
• Workers' compensation compliance.
• Drug testing, background checks, and screening.
• Verification of certifications, licenses, qualifications, and references.
Employer understands that BUILDCO does not perform these functions.
6. NO RELIANCE ON PLATFORM INFORMATION
Employer acknowledges that BUILDCO does not independently verify information submitted by Job Seekers.
Employer agrees that it will independently evaluate each candidate and will not rely solely upon information provided through the BUILD™ platform when making employment decisions.
7. NO GUARANTEE OF RESULTS
Employer understands and agrees that BUILDCO does not guarantee:
• Job Seeker availability.
• Job Seeker qualifications.
• Job Seeker performance.
• Job Seeker retention.
• Job Seeker suitability.
• Successful hiring outcomes.
• Workforce availability.
• Job posting performance.
BUILDCO provides only a platform for the exchange of information.
8. ELECTRONIC COMMUNICATIONS CONSENT
Employer consents to receive communications electronically, including:
• Account notices.
• Service announcements.
• Job Seeker notifications.
• Subscription notices.
• Billing notices.
• Legal notices.
• Platform updates.
• Workforce development opportunities.
Electronic communications shall satisfy any legal requirement that communications be in writing.
9. TERMS OF USE AND PRIVACY POLICY
Employer acknowledges that participation in BUILD™ is governed by BUILDCO's Terms of Use which are incorporated into this Agreement by reference.
Employer agrees to comply with all applicable provisions contained therein.
10. PARTICIPATION FEES
Employer acknowledges that access to certain BUILD™ services requires payment of Participation fees, advertising fees, posting fees, or other charges.
Employer agrees to pay all fees associated with services it elects to receive.
All fees are subject to BUILDCO's Terms of Use and applicable Participation plans.
11. CONFIDENTIALITY OF PLATFORM INFORMATION
Employer agrees to maintain the confidentiality of all non-public information obtained through the BUILD™ platform and shall not disclose, reproduce, distribute, or misuse such information except as utilized for legitimate business purposes associated with recruiting and employment.
12. ACCOUNT SECURITY
Employer is responsible for maintaining the security of all account information and credentials.
Employer shall promptly notify BUILDCO of any unauthorized access, misuse, or suspected security breach resulting from or in connection with its use of BUILD™.
13. ACKNOWLEDGMENT OF EMPLOYER COMPLIANCE OBLIGATIONS
Employer acknowledges that:
• BUILDCO does not supervise jobsites.
• BUILDCO does not monitor workplace safety.
• BUILDCO does not verify OSHA compliance.
• BUILDCO does not verify prevailing wage compliance.
• BUILDCO does not verify labor law compliance.
• BUILDCO does not verify workers' compensation coverage.
• BUILDCO does not verify contractor licensing compliance.
Employer remains solely responsible for compliance with all federal, state, tribal, and local laws applicable to its operations and workforce.
14. CONSENT AND ACCEPTANCE
By selecting "I Agree" and creating a Participant’s account, Employer acknowledges and agrees the terms set forth herein:
• Participant has read and understands this Employer Subscriber Agreement.
• Participant agrees to the BUILD™ Terms of Use and Privacy Policy.
• Participant is authorized to bind the organization.
• Participant accepts responsibility for all employment-related decisions.
• Participant agrees to use the platform only for lawful business purposes.
• Participant's electronic acceptance constitutes a legally binding electronic signature and shall have the same force and effect as a handwritten signature.