Terms of Use
Short version: this page is for information and for contacting Peak. The statistics are cited research, the self-check is a reflection tool and not an assessment, and visiting the page does not create a job, a contract, or a guarantee.
Acceptance of these terms
These Terms of Use (“Terms”) govern your use of 46willfail.com (the “Page”), which is operated by Peak Employment Solutions (“Peak,” “we,” “us”), a company based in Augusta, Georgia. By visiting or using the Page, you agree to these Terms and to our Privacy Policy. If you do not agree, please do not use the Page.
What this Page is
The Page is a marketing and information page. It explains why many new hires fail, describes how Peak screens candidates for behavior before Day 1, offers an optional self-check for job seekers, and gives employers a way to contact Peak. It points visitors to Peak’s other sites, peaktcs.com and peakaugusta.com. Nothing on the Page is a job posting, a job offer, a contract, or a solicitation of an offer to buy or sell anything.
Statistics and research
The Page cites research by Leadership IQ, “Hiring for Attitude,” which tracked more than 20,000 new hires, reporting that 46% of new hires failed within 18 months and that attitude accounted for 89% of failures versus 11% for technical skill. The figures are cited for general information. The graphics on the Page round those percentages to whole numbers of people out of 100 for illustration. We do not guarantee that the research applies to any particular employer, role, or workforce, and the statistics are not a prediction about any specific person or hire. Leadership IQ is a separate organization and is not affiliated with or endorsing Peak.
The self-check
The optional self-check is a reflection exercise built around the six qualities Peak describes on the Page. It is not a psychological, clinical, or employment assessment, it is not the Behavioral Read Peak uses with candidates, and it is not a score used by Peak or any employer. Results are generated in your browser from your own answers and are meant only to prompt your own thinking. The suggestions are general, practical ideas, not professional, career, legal, or medical advice. Please do not use the self-check to make a major decision, and please do not rely on it in place of professional guidance.
No job, no engagement, no guarantee
Using the Page, filling out the form, completing the self-check, or following a link to Peak Augusta does not create an employment relationship, a staffing engagement, an agency relationship, or a contract of any kind between you and Peak. Peak does not promise you a job, an interview, a candidate, a placement, a particular result, or a response by a particular date. Any staffing services Peak provides to an employer are provided only under a separate written agreement. Any application you submit for a job is handled by Peak Augusta under its own terms and practices.
Using the contact form
The form is for employers and business contacts who want to talk with Peak about staffing and workforce solutions. When you submit it, you confirm that the information you give is accurate and that it is yours to give, and you agree that Peak may contact you about the inquiry by the email address and phone number you provide. Please do not submit information about other people without their permission and please do not put sensitive personal information in the free-text field. We may decline to respond to an inquiry and may remove any submission we reasonably believe is false, abusive, or unlawful.
Acceptable use
You agree not to use the Page to break any law; to submit false, misleading, or someone else’s information; to send spam, malware, or automated or repeated submissions; to probe, scan, or test the Page’s security or try to access anything you are not authorized to access; to interfere with the Page or the systems that run it; to copy the Page by automated means such as scraping; or to use the Page in a way that suggests Peak endorses you or your business.
Peak’s content and marks
The Page and everything on it, including its text, design, graphics, layout, the Peak name and logo, and the names and descriptions of Peak’s frameworks and programs, are owned by Peak or its licensors and are protected by copyright, trademark, and other laws. You may view the Page and share its link for your own non-commercial use. You may not copy, modify, distribute, or create derivative works from the Page or its content, or use Peak’s names, logos, or marks, without our written permission. All rights not expressly granted are reserved.
The Six Unmeasurables™ and Before Day 1™ are trademarks of Peak Employment Solutions. The Six Unmeasurables framework, including its names, definitions, descriptions, and related materials, is a copyrighted work of Peak Employment Solutions. No part of it may be copied, reproduced, adapted, taught, republished, or used commercially without Peak’s prior written permission.
Links to other sites
The Page links to websites we do not control, including peaktcs.com and peakaugusta.com, which have their own terms and privacy practices, and may link to others. We are not responsible for the content, accuracy, or practices of any other site, and a link is not an endorsement of it. Your use of those sites is at your own risk and under their terms.
Disclaimer of warranties
The Page is provided “as is” and “as available.” To the fullest extent permitted by law, Peak disclaims all warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, and uninterrupted or error-free operation. We do not warrant that the Page will always be available or free of errors or harmful components, or that any information on it is complete or current.
Limitation of liability
To the fullest extent permitted by law, Peak and its owners, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, or lost business opportunities, arising out of or related to your use of or inability to use the Page, even if we have been told such damages are possible. To the fullest extent permitted by law, our total liability for any claim relating to the Page will not exceed one hundred U.S. dollars ($100). Some jurisdictions do not allow certain limits, so some of these limits may not apply to you, and nothing in these Terms limits any liability that cannot be limited by law.
Your responsibility
You are responsible for your use of the Page. To the extent the law allows, you agree to defend and hold Peak harmless from claims, losses, and expenses, including reasonable attorneys’ fees, that arise from your violation of these Terms or your misuse of the Page.
Governing law
These Terms are governed by the laws of the State of Georgia, without regard to its conflict-of-laws rules. You and Peak agree that any dispute arising from these Terms or the Page will be brought exclusively in the state or federal courts located in Richmond County, Georgia, and you consent to the personal jurisdiction and venue of those courts. If any part of these Terms is found to be unenforceable, the rest will stay in effect. Our failure to enforce a provision is not a waiver of it. These Terms and the Privacy Policy are the entire agreement between you and Peak about your use of the Page.
Changes and ending access
We may change the Page, or these Terms, at any time. When we change the Terms, we will update the effective date at the top of this page, and your continued use of the Page after that date means you accept the updated Terms. We may suspend or end your access to the Page at any time, for any reason, including if we believe you have violated these Terms.
Contact us
Peak Employment Solutions
308 Eighth Street
Augusta, Georgia 30901
Email: team@peaktcs.com
Questions about these Terms? Email us and put “Terms” in the subject line.