Terms and Conditions
TERMS OF USE
Welcome to Envista Holdings Corp. and its affiliated companies ("Envista") recruiting web site (the "Site").
By clicking "NEXT" and accessing or using the Site, you agree to follow and be bound by the following terms and conditions concerning your access to and use of the Site ("Terms of Use") and Envista Applicant Privacy Notice and Terms. If you do not agree to these Terms of Use, continued use of the Site by you is not authorized.
Envista may revise the Terms of Use and Applicant Privacy Notice and Terms at any time without notice to you. The revised Terms of Use and Applicant Privacy Notice and Terms will be effective when posted to the Site.
1. Use of Site
The sole purpose of this website is to enable you to submit information ("Submissions") to apply for employment positions within Envista group of companies. Use of this Site does not create an employment relationship between you and any Envista company. You expressly agree that no such employment relationship will be created without further review of the Submission, an appropriate successful interview process, background and reference checks (where applicable), verification of identity and the legal right to work, and issuance and acceptance of a formal written offer of employment.
2. Electronic Signatures
By using the Site and providing Submissions, you agree to transact electronically through the Site. You agree that your electronic signature is the legal equivalent of your manual signature. You further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your electronic signature, and the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature.
In order to access, fulfill and retain the following electronic forms, your computer must be equipped and compatible with the most common operating systems and internet browsers. This would include:
• Windows, Mac OS X, Linux, Apple iOS, and other major operating systems.
• Microsoft Internet Explorer version 8 and later, Mozilla Firefox - latest version, Safari latest version + tablet versions, Chrome latest desktop version.
If you decline to use an electronic signature, you will be able to print your forms and sign them by hand, but will also be required to deliver the hand signed forms to the relevant Envista company representative.
If you wish to obtain a paper copy of the forms you sign via this site, you will be given the opportunity to download and print those forms once they have been executed.
After authorizing the use of your electronic signature, you may still withdraw your consent. To do so, you must contact Envista for their withdrawal procedures and to understand any consequences or fees which may apply.
3. Submissions
By making Submissions, you accept the terms of Envista's Applicant Privacy Notice and Terms and agree to the treatment of any personal information contained in the Submissions in accordance with Envista's Applicant Privacy Notice and Terms.
You warrant that: (a) you have the right and authority to provide any Submissions; (b) you have only disclosed information that is true, accurate and not misleading (including by omission) and nothing you have submitted is known by you to be false, inaccurate, or misleading; (c) you have a legal right to live and be employed in the jurisdiction in which you are applying for employment. If that legal right is limited in time, you have disclosed when it expires; (d) you are the individual who the Submissions relate to and that you have obtained permission from each person who appears and/or is referred to in your Submissions; (e) your Submissions, or any offer of employment that may result from your Submissions, would not infringe any legal obligation that you may have to any third party, including under laws related to copyright, trademark, patent, trade secret, confidentiality, notice period, restrictive covenant, non-competition or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party; (f) you were not, and will not, be compensated or granted any consideration by any third party for entering your Submission or taking up any offer of employment with a Envista company. and any salary or wages paid to you upon taking up any offer of employment will not be remitted to any third party; and (g) there is no reason that you cannot perform all job duties that you are applying for in a manner that is safe and not injurious to you or any other person, that has not been disclosed fully in your Submission, and you must immediately disclose any such reason should one arise.
You agree that you will neither use the Site in a manner, nor provide any Submission, that: (a) is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack; (b) invades another's privacy or includes, copies or transmits another's confidential, sensitive or personal information; (c) promotes bigotry, racism, hatred or harm against any group or individual; (d) is obscene or not in good taste; (e) violates, infringes or promotes the violation or infringement of another's rights, including intellectual property rights; (f) violates or promotes the violation of any applicable laws or regulations; (g) contains a solicitation of funds, goods or services, or promotes or advertises goods or services; or (h) contains any viruses, Trojan horses, or other components designed to limit or harm the functionality of a computer. Envista may report you to the relevant authorities and may act under the fullest extent of applicable laws if you transmit or upload content intended or designed to cause harm.
4. Security, Passwords and Means of Accessing the Site
You agree not to access or use the Site in any manner that could damage, disable, overburden, or impair any Envista accounts, computer systems or networks. You agree not to attempt to gain unauthorized access to any parts of the Site or any Envista accounts, computer systems or networks. You agree not to interfere, or attempt to interfere, with the proper working of the Site or any of Envista accounts, computer systems or networks. You agree not to use any robot, spider, scraper or other automated means to access the Site or any of Envista accounts, computer systems or networks without Envista's express written permission.
You must complete the registration process to open an account by providing us with current, complete and accurate information, as required by the applicable registration form. You may also be required to choose a password and a user name. Access to, and use of, password protected or secure areas of the Site are restricted to authorized users only. Except as contemplated by Section 2.2, You agree not to share your password(s), account information, or access to the Site with any other person. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur through the use of your password(s) or account(s), or as a result of your access to the Site. You agree to notify Envista immediately of any use of your password(s) or account(s) that you did not authorize or that is not authorized by these Terms of Use.
5. General Terms
5.1 Reservation of Rights
The Site and content provided on or through the Site are the intellectual property and copyrighted works of Envista or a third party provider. All rights, title and interest not expressly granted with respect to the Site and content provided on or through the Site are reserved. All content is provided on an "As Is" and "As Available" basis, and Envista reserves the right to terminate the permissions granted to you at any time.
5.2 Indemnity
You agree to indemnify and hold harmless Envista, its officers, directors, employees and agents from and against any and all third-party claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, due to, or arising out of, any Submission you make to the Site, your violation of these Terms of Use, or your violation or infringement of any third party rights, including intellectual property rights.
5.3 Monitoring
Envista has no obligation to monitor the Site. However, Envista reserves the right to review the Site and content and to monitor all use of and activity on the Site, and to remove or choose not to make available on or through the Site, any content (including your Submissions) in its sole discretion. Envista may remove content that is confidential or proprietary to you, or a third party, without permission from you or the third party.
5.4 Termination of Use
Envista may, in its sole discretion, at any time discontinue providing or limit access to the Site, in whole or in part. You agree that Envista may, in its sole discretion, at any time, terminate or limit your access to, or use of, the Site in whole or in part. Envista may terminate or limit your access to, or use of, the Site, if Envista determines, in its sole discretion, that you have infringed the copyrights or other legal rights of a third party, or otherwise materially violated these Terms of Use. You agree that Envista will not be liable to you or any third-party for any termination or limitation of your access to, or use of, the Site.
5.5 Third Party Web Sites, Content, Products and Services
The Site provides links to Web sites and access to content, products and services of third parties, including users, advertisers, affiliates and sponsors of the Site. Envista is not responsible for third party content provided on, or through the Site, or for any changes or updates to such third party sites, and you bear all risks associated with the access to, and use of, such Web sites and third party content, products and services.
5.6 Disclaimer
Except where expressly provided otherwise, the Site is provided on an "as is" and "as available" basis, Envista expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement with respect to the Site and all content provided on, or through the Site. Envista makes no warranty that: (a) the Site or content will meet your requirements; (b) the Site will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the Site, or any content provided on or through the Site, will be accurate or reliable; or (d) any content obtained by you on or through the Site will meet your expectations.
Envista will have no responsibility for any damage to your computer system or loss of data that results from the use of the Site.
Envista reserves the right to make changes or updates to, and monitor the use of, the Site and content provided on or through the Site at any time without notice.
5.7 Limitation of Liability
In no event will Envista or its officers, directors, employees, or agents be liable for any direct, indirect, incidental, special, or consequential damages; or damages for lost profits, revenue, data or data use, incurred by you or any third party, whether in an action in contract, or tort (including negligence), breach of statutory duty, strict liability, or otherwise, arising from your access to, or use of, the Site or any content provided on or through the Site.
5.8 Exclusions and Limitations
Some jurisdictions do not allow the disclaimer or exclusion of certain warranties of the disclaimer, exclusion, or limitation of certain liabilities. To the extent that they are held to be legally invalid, disclaimers, exclusions, and limitations set out in these Terms of Use, including those set out in Sections 3.6 (Disclaimer) and 3.7 (Limitation of Liability), do not apply and all other terms will remain in full force and effect.
5.9 Privacy Notice
All personal information collected on this Site may be accessed and stored globally and will be treated in accordance with Envista's Applicant Privacy Notice and Terms. You understand that Envista collects, uses, processes, possesses, and otherwise stores, your personal information and utilization data and may share such data with third party service providers for the purpose of improving or providing services subject to Envista 's Applicant Privacy Notice and Terms.
5.10 Persons Not of Age of Majority
Persons who are not 18 years of age are not eligible to use the Site, and no information in relation to such persons should be included in a Submission.
5.11 Waiver and Severability
The failure of Envista to exercise or enforce any rights or provisions in these Terms of Use will not constitute a waiver of such right or provision. If any part or provision of these Terms of Use is found to be unenforceable, such part or provision may be modified to make the Terms of Use as modified, legal and enforceable. The rest of the Terms of Use will not be affected.
5.12 Applicable Laws
All matters relating to your access to, and use of, the Site and content provided on or through the Site, will be governed by U.S. federal law or the laws of Delaware, USA.
5.13 Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY - IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND ENVISTA CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND ENVISTA TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. THIS MEANS THAT YOU WILL NOT BE ABLE TO BRING A CLASS, COLLECTIVE, OR REPRESENTATIVE LAWSUIT IN A COURT OF LAW BEFORE A JUDGE OR JURY CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THE ARBITRATION AGREEMENT AND ARE INSTEAD AGREEING TO SUBMIT ANY SUCH DISPUTE SOLELY ON YOUR OWN BEHALF TO AN IMPARTIAL ARBITRATOR.
5.13.1 Agreement to Arbitrate
You and Envista mutually agree to forego the delay and expense of using a court of law and choose instead to benefit from the speedy, economical, and impartial dispute resolution procedure of using binding arbitration for any "Covered Claims" (as defined below) that arise between You and Envista, its related and affiliated companies, and/or any current or former employee, officer, or director of Envista or any related or affiliated company. You and Envista agree that this Arbitration and Class Action Waiver is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and will survive even after these Terms and Conditions ('Terms') and any Services terminate. Any revision to or termination of the Terms that modify or terminate this Arbitration and Class Action Waiver shall not apply to a pending arbitration, to any claim that accrued prior to the modification or termination, or to any claim that the asserting party knew about prior to the modification or termination, except as may be required by applicable law.
5.13.2 Claims Subject to Arbitration
Other than the exceptions in Section 5.13.3 below, the "Covered Claims" include any and all controversies, disputes, disagreements, and claims arising out of, or relating to, these Terms (including its enforcement, breach, performance, interpretation, validity, or termination), or Your access to and/or use of the Services, or the provision of content, services, and/or technology on or through the Site to the fullest extent allowed by law.
5.13.3 Claims Not Covered by Arbitration, Jurisdiction, and Venue
The Covered Claims do not include (and thus shall not require arbitration of) the following types of claims that will hereafter be referred to as "Excluded Claims": (a) any claims that cannot be required to be arbitrated as a matter of law (including but not limited to claims by California residents under the California Private Attorney General Act of 2004 ("PAGA"), to the extent exclusion from arbitration is required by California law, and claims or charges that must be filed with a governmental administrative agency); (b) applications for provisional remedies, preliminary injunctions, and temporary restraining orders, including but not limited to those relating to actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights; and (c) small claims actions demanding $10,000 or less brought on an individual basis and within a small claims court's jurisdiction.
5.13.4 Any Excluded Claims arising out of, or related to, these Terms shall be instituted exclusively in the in the state and federal courts located in Singapore, which shall be the exclusive forum for such claims. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
5.13.5 In the event You or Envista choose to pursue arbitration of both Covered Claims and Excluded Claims and the other party objects, the Covered Claims must be arbitrated. In no event will Covered Claims be joined with Excluded Claims and litigated in court unless both parties agree to waive arbitration.
5.13.6 Class Action Waiver
Except as otherwise required under applicable law, You and Envista agree to arbitrate any Covered Claims only on an individual basis and hereby waive any right to bring, participate in, or receive money or any other relief from any representative, class, or collective proceeding ("Class Action Waiver"). No party may bring a claim on behalf of other individuals, and no arbitrator hearing any claim under these Terms may: (a) without the consent of all parties, combine more than one individual's claim or claims into a single case; (b) order, require, participate in, or facilitate production of class-wide contact information or notification of others of potential claims; or (c) arbitrate any form of a class, collective, or representative proceeding.
5.13.7 Arbitrability Determinations
If a party violates the agreement to arbitrate by commencing an action asserting a Covered Claim in a court of law, then the court (and not an arbitrator) shall have the authority to resolve any disputes about the interpretation, formation, existence, enforceability, validity, and scope of the this Arbitration and Class Action Waiver. If a party complies with the agreement to arbitrate and files for arbitration without filing a complaint in a court of law, then the arbitrator shall have the authority to resolve any disputes about the interpretation of this Arbitration and Class Action Waiver for purposes of discovery or the merits of the underlying claim, but shall have no authority to resolve any disputes about the formation, existence, enforceability, or validity of this Arbitration and Class Action Waiver, including the Class Action Waiver.
5.13.8 Arbitration Rules, Procedures, and Costs
To initiate arbitration, the party desiring to pursue a legal dispute must prepare a written demand setting forth the claim(s) and deliver the written demand within the applicable statute of limitations period by hand or first class mail to Envista representatives at Legal Department, Envista Holdings Corporation, 200 S. Kraemer Blvd., Building E, Brea, CA 9282. You and Envista agree that the arbitration shall be administered by the American Arbitration Association ("AAA") before a single arbitrator mutually agreed upon by the parties, and if the parties cannot agree within thirty (30) days after names of potential arbitrators have been proposed, then by a single arbitrator who is chosen by AAA. Except to the extent that they are modified by the rules below, if You are an individual person, the AAA Consumer Arbitration Rules that are in effect at the time of the filing of the demand (and that are available at https://www.adr.org/sites/default/files/Consumer_Rules_Web_0.pdf) will apply. Except to the extent that they are modified by the rules below, if You are not an individual person, but are an entity or company, the AAA Commercial Arbitration Rules that are in effect at the time of the filing of the demand (and that are available at https://www.adr.org/sites/default/files/CommercialRules_Web_FINAL_1.pdf) will apply.
5.13.9 The parties agree that the applicable AAA rules are modified as follows:
(a)Any arbitrator must be neutral as to all parties. Standards for the recusal of an arbitrator shall be the same standards under which trial judges are recused under Texas law.
(b)No party is entitled to its attorneys' fees, except as may be awarded in a matter authorized by and consistent with applicable law.
(c)All discovery shall be subject to any and all objections available under FRCP 26(b). Each party shall avoid broad or widespread collection, search, and production of documents, including electronically stored information ("ESI"). If a compelling need is demonstrated by the requesting party, the production shall: (i) be narrowly tailored in scope; (ii) only come from sources that are reasonably accessible without undue burden or cost; and (iii) be produced in a searchable format, if possible without undue burden or cost, and which is usable by the receiving party and convenient and economical for the producing party. Where the costs and burdens of the requested discovery outweigh its likely benefit, considering the needs of the case, the amount in controversy, and the importance of the discovery in resolving the issues, the arbitrator shall deny such requests or order production on condition that the requesting party advance to the producing party the reasonable costs involved in making the production, subject to the allocation of costs in the final award.
(d)The arbitrator shall have the authority to award the same damages and other relief that would have been available in court pursuant to the law governing the Covered Claim(s).
(e)Either party shall have the right to file motions to dismiss and motions for summary judgment/adjudication.
(f)The arbitrator shall have the authority to issue an award or partial award without conducting a hearing on the grounds that there is no claim on which relief can be granted or that there is no genuine issue of material fact to resolve at a hearing.
(g)The Federal Rules of Evidence shall apply to all arbitration proceedings.
(h)For discovery purposes only, an arbitrator may consolidate claims filed by multiple individuals, each on their own behalf, in a single arbitration proceeding, or may conduct a joint hearing for efficiency purposes, so long as the arbitrator does not (a) certify (conditionally or otherwise) a collective, class, or representative action that includes individuals who have not themselves already submitted their own individual claims, or (b) authorize the issuance of notice of the arbitration to individuals on the grounds that the arbitrator or any party believes there are other individuals who are similarly situated to or share commonality with a party to the arbitration.
(i)The arbitrator must issue a decision in writing, setting forth in summary form the reasons for the arbitrator's determination and the legal basis therefor.
(j)The arbitrator's authority shall be limited to deciding the case submitted by the parties to the arbitration. Therefore, no decision by any arbitrator shall serve as precedent in other arbitrations except to preclude the same claim from being re-arbitrated between the same parties.
(k)The parties may settle any dispute on a mutual basis without involvement of the arbitrator.
(l)If You initiate arbitration, You will pay the first $250, and Envista will pay all other filing, administrative, or hearing fees. If Envista initiates arbitration, Envista will pay all filing, administrative, and hearing fees. Regardless of which party initiates arbitration, You will remain responsible for Your attorneys' fees and costs unless the law governing the Covered Claim provides for an award of attorneys' fees and costs and the arbitrator determines as part of the arbitration award that You may recover a certain amount of attorneys' fees and costs.
5.13.10 If any term or condition in this Arbitration and Class Action Waiver is determined to be unenforceable or in conflict with a mandatory provision of applicable law, it shall be construed to incorporate any mandatory provision, or the unenforceable or conflicting term or condition shall be automatically severed and the remainder of this Arbitration and Class Action Waiver shall not be affected. Provided, however, that if the Class Action Waiver is found to be unenforceable, then any claim brought on a class, collective, or representative action basis shall be adjudicated exclusively in the state and federal courts located in Delaware, which shall be the exclusive forum for such claims. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
5.14 Contact Information
If you have any questions regarding these Terms of Use, please contact Envista at applyassistance@envistaco.com.
