Terms of Use

1. Binding Agreement

These Terms of Use constitute a binding agreement between You and QJumpers US C Corp, Inc., a Delaware corporation  (“QJumpers”) and are deemed accepted by You each time that You use QJumpers Recruitment Software accessible through qjumpers.jobs and/or the qjumpers.com websites (the “Site”) or the QJumpers  Services available through the Site.  Your use of the Site is subject to the terms and conditions set forth in this agreement (the “Agreement”) and the QJumpers Privacy Policy which is incorporated herein by reference.    If You do not accept these Terms of Use, do not use the Site or the QJumpers Recruitment Software or the QJumpers Services available through the Site.

These Terms of Use are applicable to job applicants (“Candidates”) that apply for jobs through the Site and to Employers that provide Job Postings and manage their recruitment processes on the Site. This Privacy Policy does not apply to job applicants that provide personal information or apply for a job through a website other than the Site and shall not apply to Employers providing job postings through a website other than the Site.

QJumpers reserves the right to update and/or otherwise modify these Terms of Use from time to time.  You are responsible for checking these Terms of Use for changes and updates.  Your use of this website following the posting of any such changes or updates by QJumpers shall be deemed an acceptance to the Terms of Use that include such updated and/or modified terms. 

You warrant and agree that you are of legal age and/or have the authority to execute this agreement if signing on behalf of an organization. 

2. Definitions

Site – the website(s) accessible at qjumpers.jobs and/or qjumpers.com.

Employers – entities and/or individuals placing job postings on the Site.

Job Postings –advertisements for jobs posted by Employers on the Site.

Candidates – persons seeking employment that post a resume or personal profiles on the Site and/or persons submitting resumes or responses to Job Postings posted by Employers. 

QJumpers Services – the recruitment services provided to Employers and Candidates through the Site. 

QJumpers Recruitment Software – the software available for use through the Site that is employed to provide the QJumpers Services.

Profile – identifying and/or descriptive information pertaining to a Candidate.

Service Providers – providers of services via the Site that are business partners of QJumpers or providers of services on their own behalf.

Users – Employers, Candidates, Service Providers, Advertisers and other persons and/or entities accessing and/or utilizing the Site. 

Content – software, text, images, video, audio and other material posted on the Site which includes QJumpers Content and User Content. 

User Content – Content posted on the Site by a User.

QJumpers Content – Content owned by QJumpers or its Affiliates or, Content for which QJumpers has acquired rights of use from one or more third party licensors.

Affiliates – an entity that controls or is controlled by QJumpers directly or indirectly.

3. Obligations of all Users

By using the Site, You hereby agree that:

• Your use of the Site shall be solely for the purposes contemplated by this Agreement and for no other business purpose;
• No Content posted on the Site by You will violate the intellectual property rights of any other party;
• You will not post or submit any information on the Site that is false, inaccurate or misleading;
• All Content provided by You shall be free of computer viruses, malware, and hidden pages or images and shall not contain any Content that is password or otherwise access restricted;
• You will not use the Site for any illegal purpose or to promote, endorse or provide instructional information with respect to any illegal activity;
• You will not upload, transmit, post, store, or otherwise make available on the Site any Content that is in violation of any law or regulation;
• You will not provide or make available for display on the Site any information or Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, vulgar, obscene, invasive of another’s privacy, racially or ethnically offensive or objectionable or damaging to the reputation or image of QJumpers as determined in the sole discretion of QJumpers;
• You will not reverse engineer or decompile any code or components of the Site;
• You will not solicit any personally identifiable information or login information from any other Users except as expressly permitted pursuant to this Agreement;
• You will not delete or alter Content posted by any other person or entity;
• You agree to comply with all applicable anti-discrimination laws and regulations;
• You will not engage in any unsolicited communications with other Users by mail, email or by phone, fax, text or any other means for the purpose of promoting and/or advertising any products or services;
• You will not contact any Users that have requested that you refrain from doing so and will remove contact information for any such Users from your contact database(s);
• You will not use any tools, robots, data mining programs or other data gathering methods to extract information from the Site;
• You will not engage in activities that interfere with the services provided to any other User of the Site by means of a virus, malware, flooding, spamming, denial of service attacks or any other method or technique intended to have such effect; and
• You will not utilize any tools to navigate or to perform searches of the Site other than the QJumpers Recruitment Software available on the Site. 

4. Rights of QJumpers with respect to User Accounts

QJumpers shall have the right:

• to disable or terminate the account of any User with or without notice (a) if the User fails to pay any monies when due QJumpers under this Agreement; (b) if the User breaches any term or terms of this Agreement; or (c) in the sole discretion of QJumpers for any reason deemed to be in the business interests of QJumpers; and
• to obtain from any provider of credit information, credit information about You or Your members, partners, principals and/or directors for the purpose of determining whether to establish an account and the terms associated therewith and/or for the purpose of collecting overdue payments with respect to any monies due under this Agreement and to disclose any such information to a credit reporter.

5. Payment Obligations

• All amounts payable to QJumpers shall be due and must be paid within twenty (20) days of the date of invoice, unless otherwise agreed in writing.
• Amounts payable to QJumpers shall be as set forth in a separate Services Agreement or in the QJumpers Employer’s Payment Terms, the QJumpers Advertiser’s Payment Terms or the QJumpers Service Provider’s Payment Terms, as applicable, which terms are incorporated herein by reference, unless otherwise agreed in writing between the parties.
• You shall be obligated to pay for any services that you have requested and which QJumpers agrees to provide to you whether or not such services have been utilized by You.  Notwithstanding the foregoing, Candidates shall not be charged for use of the Site.
• You agree to pay interest on late payments at QJumpers’ applicable bank interest rate;
• You agree to pay for all costs and expenses including attorney’s fees incurred by QJumpers in connection with the collection of amount’s due on overdue accounts.
• All payments to QJumpers with respect to Job Postings pertaining to employment in the U.S., and by Service Providers, Advertisers and business partners shall be in U.S. dollars.

6. Job Postings by Employers

An Employer desiring to place a Job Posting on the Site shall register with the Site and provide a login name and a password that must be used for sign in to the Employer’s account. The Employer shall be solely responsible for maintaining the confidentiality of the login details and unauthorized access to the Employer’s stored information including but not limited to Candidate information obtained by the Employer.  

 Employers agree:

• to use personal information collected from Job Candidates solely for the purposes of recruitment and to comply with the QJumpers Privacy Policy;
• to only post Job Postings that pertain to a genuine job opportunity that is current as of the time of the respective Job Posting;
• to remove from the Site any Job Posting in the event that You decide to cease recruitment for the respective position;
• to only post Job Postings that do not contain misleading, false or inaccurate information regarding the respective job opportunity or the Employer;
• that submitted Job Postings shall not contain information unrelated to the Job Posting;
• that Job Postings shall not contain links to other sites without the express approval of QJumpers;
• that Job Postings shall pertain to only a single job description, job category or job location;
• that Job Postings shall not include any material that exploits individuals in a sexually or violent manner;
• that Job Postings shall not promote, offer or sell any products or services;
• that Content on the Site may not be copied, sold, redistributed or used for any commercial purpose; and
• not to use the Site or any feature available via the Site to send unsolicited emails for commercial purposes except as expressly provided pursuant to this Agreement.  An Employer may use QJumpers Recruitment Software to communicate with Candidates about specific Job Postings posted by the Employer;
• to comply with all applicable privacy laws and regulations and not disclose to any third party any personal information that it collects with respect to any Candidate except as expressly permitted pursuant to this Agreement; and
• not to solicit personal information from persons under 18 years of age.
• that they are solely responsible for the Content of their Job Postings, questionnaires, job descriptions and correspondence with Candidates.

7.  Rights and Obligations of QJumpers With Respect to Employers

QJumpers shall:

• have no responsibility or liability to any Employer with respect to errors or omissions in any Employer Job Postings, questionnaires, job descriptions or correspondence through the Site.  
• make reasonable efforts to correct errors brought to its attention as soon as is reasonably possible; and
• have the right, in its sole discretion, to withdraw, with or without notice, any Job Posting or restrict the Employer’s access to the Site for any reason, including, without limitation, breach of any term of this Agreement, or for technical, security or other reasons involving the reputation of QJumpers or the operation or image of the Site.  In the event QJumpers withdraws a Job Posting or restricts access of an Employer to the Site without prior notice to the Employer, QJumpers shall notify the respective Employer of the withdrawal or restriction within a reasonable period following the withdrawal or restriction.

8. Obligations of Candidates

In addition to the obligations assumed by all Users as set forth above, Candidates hereby assume the following obligations pursuant to this Agreement. 

A Candidate desiring to post a Profile or submit a Resume in response to a Job Posting must register with the Site and create a Candidate Account.  When establishing the Candidate Account You must provide a valid email address and provide certain identifying information (“Your Profile”).  

The following terms apply to Your Profile, Your Resume and information provided by You in response to any Job Posting:

• Your Profile, Your  Resume and information provided by you must be accurate and not include information that is false or misleading.
• You are solely responsible for the information provided in Your Profile and Your Resume and all other information and/or Content provided by You to the Site and any Employer.
• You have no ownership of any rights in Your Profile or the account established by You on the QJumpers Site.  QJumpers and/or an Employer shall have the right, but not the obligation, to delete, at any time, your account and/or any information and/or material provided by You to QJumpers or an Employer, including but not limited to upon the termination or cancelation of your account.
• You will not disclose your user name and password to any other party and you assume all liability for any such disclosure whether intentional, unintentional or as the result of misappropriation.
• You will not create more than one Profile on the Site nor submit more than one copy of Your Resume to any Employer in response to a Job Posting.
• You will not post any resume or profile information or apply for a job on behalf of another party.

9. Intellectual Property Rights

The Content provided on the Site includes content created by QJumpers, Service Providers, Employers, Candidates and Advertisers. This section sets forth the ownership and usage rights with respect to Content appearing on the Site. 

COMPANY CONTENT: The Site, including without limitation Domain Names, QJumpers Content and Services and all intellectual property rights therein (“QJumpers Content”), is the property of QJumpers, its Affiliates and/or their authorized licensor(s) and is protected by U.S. and international copyright, trademarks and other intellectual property laws. Except as expressly permitted under copyright law, no copying or exploitation of any Content on the Site is permitted without the express written permission of QJumpers or the applicable copyright owner. 

All Users are hereby granted a worldwide, revocable, royalty-free, non-exclusive license to view and download QJumpers Content solely for the purposes of recruitment contemplated under this Agreement or for the purpose of rightfully obtaining and/or utilizing the services contemplated hereunder in accordance with these Terms of Use and applicable U.S. and international copyright laws. You acknowledge that You will not acquire any ownership rights to any QJumpers Content or the Content of any other User by virtue of downloading Content from the Site. Except as expressly permitted under copyright law, you will not copy, reproduce, modify, use, distribute, display, create derivative works of or otherwise exploit any QJumpers Content or the Services (regardless of form or media and whether by download or otherwise) or the Content of any other User without the express written permission of QJumpers or the applicable copyright owner.

USER CONTENT: You are solely responsible for all of your Content, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on the Site ("Your Content"). You certify that you own all intellectual property rights in your User Content or have the rights from one or more third party licensors to provide and utilize Your Content on the Site as provided by You. You hereby grant to QJumpers, its Affiliates and Service Providers, a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable license to use, reproduce, create derivative works of, and communicate and distribute Your Content and subsequent versions of Your Content for use in the ordinary course of the QJumpers business, including without limitation, displaying and/or distributing Your Content via the Site to other Users, either electronically or via other media for the purpose of providing the QJumpers Services and other services offered by QJumpers, its Affiliates and Service Providers subject to the provisions of this Agreement including the Privacy Policy.

All intellectual property rights not expressly granted hereunder are expressly reserved by QJumpers and the respective owners of the intellectual property rights, as applicable.

10. Disclaimer of Warranty and Limitation of Liability

QJUMPERS, ITS AFFILIATES, SERVICE PROVIDERS, AND/OR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT (INCLUDING THE QJUMPERS AND USER CONTENT), INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY. 

NEITHER QJUMPERS NOR ITS SERVICE PROVIDERS SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO THE USER, OR FOR ERRORS, DEFECTS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT USE THE SITE AND THE CONTENT (INCLUDING THE USER CONTENT) IS AT YOUR OWN RISK. NEITHER WE NOR OUR SERVICE PROVIDERS WARRANT THAT THE SITE WILL OPERATE ERROR FREE OR THAT THE SITE, ITS SERVER(S), OR THE CONTENT (INCLUDING THE QJUMPERS AND USER CONTENT) ARE FREE OF COMPUTER VIRUSES, MALWARE OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE OR THE CONTENT (INCLUDING THE QJUMPERS AND USER CONTENT) RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS OR ANY RESULTING DAMAGES OR LOSSES. THE SITE, QJUMPERS SERVICES AND CONTENT (INCLUDING THE QJUMPERS AND USER CONTENT) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. 

WE AND OUR SERVICE PROVIDERS HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. IN NO EVENT SHALL WE OR OUR SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE, THE QJUMPERS SERVICES AND THE CONTENT (INCLUDING THE QJUMPERS AND USER CONTENT), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

QJUMPERS PROVIDES THE RECRUITMENT SERVICES OFFERED ON THE SITE A) TO PERMIT EMPLOYERS TO POST JOB OPPORTUNITIES AND EVALUATE CANDIDATES, AND B) TO PERMIT CANDIDATES TO POST PROFILES AND RESUMES FOR REVIEW BY EMPLOYERS AND TO PERMIT CANDIDATES TO RESPOND TO JOB POSTINGS PUBLISHED ON THE SITE BY EMPLOYERS.  QJUMPERS DOES NOT PARTICIPATE IN THE EVALUATION OF CANDIDATES BY EMPLOYERS OR THE EVALUATION OF EMPLOYERS BY CANDIDATES AND DOES NOT PARTICIPATE IN DECISIONS BY EMPLOYERS TO EXTEND OFFERS TO, OR HIRE, CANDIDATES AND QJUMPERS DOES NOT COUNSEL CANDIDATES WITH RESPECT TO ACCEPTANCE OF JOB OFFERS EXTENDED BY EMPLOYERS.  ACCORDINGLY, EMPLOYERS AND CANDIDATES ACKNOWLEDGE THAT ALL AGREEMENTS AND/OR TRANSACTIONS THEREBETWEEN ARE SOLELY BETWEEN THOSE PARTIES.  QJUMPERS HEREBY DISCLAIMS, AND SHALL HAVE NO LIABILITY WITH RESPECT TO, ANY DAMAGES AND/OR HARM TO EITHER EMPLOYERS OR CANDIDATES ARISING AS THE RESULT OF ANY DECISION BY AN EMPLOYER TO EXTEND AN OFFER TO, OR EMPLOY, ANY CANDIDATE SOURCED THROUGH THE QJUMPERS SITE OR RESULTING IN WHOLE OR IN PART FROM ANY RELATIONSHIP OR TRANSACTION BETWEEN AN EMPLOYER AND CANDIDATE ARISING FROM THE USE OF THE SITE.

QJUMPERS MAY PROVIDE ON THE SITE LINKS TO INTERNET SITES MAINTAINED BY THIRD PARTIES.  QJUMPERS DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR THE CONTENT CONTAINED ON OR ACCESSIBLE VIA ANY SUCH LINKED SITES.  THE INCLUSION OF ANY LINK ON THE SITE SHALL NOT BE CONSTRUED TO REPRESENT AN ENDORSEMENT OF THE LINKED SITE BY QJUMPERS.  QJUMPERS MAKES NO REPRESENTATIONS REGARDING THE ACCURACY OR CONTENT OF LINKED SITES.  SHOULD YOU CHOOSE TO ACCESS LINKED SITES, YOU DO SO AT YOUR OWN RISK. THIS AGREEMENT DOES NOT APPLY TO THE USE OF ANY WEBSITES OTHER THAN THE SITE.

Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, OUR AND OUR SERVICE PROVIDERS’ LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

11. Termination

You may terminate your account at any time by sending an email to support@qjumpers.com. 

QJumpers may terminate your account, impose limits on the use of your account, or restrict access to all or parts of the Site at any time, with or without notice or liability.

12. Indemnification

You hereby agree to defend, indemnify and hold harmless QJumpers, its Affiliates, officers, directors, employees and agents, and Service Providers from and against any claims, actions or demands against such parties, including, without limitation all costs and expenses including reasonable attorney’s fees arising or resulting from (i) any User Content or other material you provided to the Site, (ii) your use of QJumpers Content, and (iii) your breach of any terms of this Agreement.  QJumpers shall provide You with notice promptly following receipt of any such claim, demand or action.

13. Assignability

You hereby agree not to assign your rights or obligations under this Agreement to any other party without the express written consent of QJumpers.  Any purported assignment or delegation of Your rights shall be null and void. QJumpers may freely assign or delegate all or some of its rights and obligations under these Terms of Use.

14. General

• If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. 
• Failure by QJumpers or our Service Providers to act on or enforce any provision of the Terms of Use shall not be construed as a waiver of that provision or any other provision in these Terms of Use. No waiver shall be effective against QJumpers or our Service Providers unless made in writing and no such waiver shall be construed as a waiver in any other or subsequent instance.
• These Terms of Use constitute the entire agreement between You and QJumpers with respect to the subject matter hereof and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to such subject matter. 
• These Terms of Use will inure to the benefit of the affiliates, successors, assigns, licensees, and sublicensees of QJumpers.
• The section headings are provided merely for convenience and shall not be given any legal import.

15. Governing Law

These Terms of Use shall be construed and governed by the substantive laws of the State of Texas without respect to its conflict of law provisions.  You expressly consent to bring any action arising under these Terms of Use in the federal and state courts in the State of Texas.