The following describes the terms applicable to the use of the Site. Your use of the Site forms a legally binding contract with GapJumpers, Inc. (“GapJumpers” or “us”) based on these Terms of Use. If you have registered as an Applicant, you will be bound to these Terms of Use as well as additional terms in any applicable Applicant agreement or Job-Specific Provision. Additionally, Posters are also bound to the Terms of Use.
PLEASE READ THE FOLLOWING CAREFULLY. If you do not accept the Terms of Use as stated here, do not use GapJumpers.com and its services. GapJumpers may revise these Terms of Use at any time by posting an updated version to this Web page. We may change these terms and conditions from time to time without prior notice. The revised terms and conditions will become effective upon posting and if you use the Site or our services after that date, your use will constitute acceptance of the revised terms and conditions. If any change to these terms and conditions is not acceptable to you, your only remedy is to stop accessing and using the Site and our services.
This Site provides a service whereby Posters may post GapJumpers Challenges or use GapJumpers’ database to identify and recruit potential job candidates from among the pool of GapJumpers Applicants. Posters may be commercial enterprises, not-for-profit organizations, local, state, or federal governments (including agencies of the United States government), or other entities. By using this Site, you acknowledge that GapJumpers does not control in any manner the nature, quality, legality or timing of GapJumpers Questions. You agree that GapJumpers is a neutral forum for GapJumpers Questions to be posted, and Answers to be submitted.
GapJumpers will use reasonable efforts to keep postings related to the results of Answers posted and as current as possible. However, we do not guarantee that the postings or content on this Site will be current at all times. GapJumpers develops assessment challenge or tests that are of the highest quality, accurately measure the necessary knowledge and skills, and are fair to all applicants and meet the highest standards for quality and fairness in the testing industry.
The Site is not available for use by minors (those under 18 years of age, or otherwise under applicable law), or individuals or organizations who cannot form legally binding contracts under applicable law. If you do not qualify, please do not use the Site. If you reside in a country that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States or its citizens, you may not use this Site.
Secondly, ‘Blind auditions’ are an accepted form of screening and compliant with EEO guidelines with ratification from the EEOC (http://www.eeoc.gov/eeoc/meetings/6-22-11/bendick.cfm).
Since our clients employ GapJumpers for blind auditions, the employer will not know race, color, religion, sex, national origin, protected veteran status, disability status, or any other status protected by law of the candidates before making pre-screening decisions.
Lastly, the challenges are publicly accessible and anyone can apply to them. GapJumpers is also accessible to disabled applicants, such as the hearing or visually impaired, through their respective accessibility software.
To be eligible to solve GapJumpers Questions (as further described below) and access information on the Site, you must register as an Applicant and agree to the Terms and Conditions set forth in this document, as well as any additional terms and conditions stipulated by individual Posters. You may cancel your registration at any time by contacting info@GapJumpers.com. As part of the registration process, you may be asked to select a password and a login name.
You agree that your registration information at all times correctly represents your professional affiliation, experience, qualifications and ability to transact business. You may not use a login name of another Applicant or user. You may not disclose or share your password to any third parties or use your password for any unauthorized purposes. You agree to notify GapJumpers at info@GapJumpers.com of any unauthorized use of your account or breach of security, including loss, theft, or unauthorized disclosure of your password or login information. Remember, you are responsible for maintaining the confidentiality of your password(s).
To be eligible to post Questions and access information on the Site, you must register as a Poster and agree to the Terms and Conditions set forth in this document, as well as any additional terms and conditions stipulated by GapJumpers Inc. As part of the registration process, you will be asked to verify your account through social sign up (using your Linkedin account). You agree that your registration information at all times correctly represents your professional affiliation, experience, qualifications and ability to transact business. You may not use a login name of another Poster. Additionally, by creating a question, you agree to review all answers, and agree to schedule an interview with an applicants whose answer is up to your professional standards and was given as part of an job opening related question.
GapJumpers does not guarantee the accuracy of the Site or ownership of any information in a GapJumpers Question availability of any Job interview, unless otherwise stated in a GapJumpers Question. While GapJumpers believes such information to be posted in good faith, GapJumpers does not control the information provided by others that is made available through the Site. Other user’s information may be inaccurate. You agree to look solely to the Poster for any claims you may have regarding their information.
If you have a dispute with another user of the services (whether an Applicant, Poster or otherwise), you hereby release GapJumpers from all claims of any kind arising out of such dispute. If you are a California resident, you waive California Civil Code, Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
You are solely responsible for the content of Your Information, postings, Answers or other content provided by you (“Your Content”). GapJumpers acts merely as a conduit for the distribution and/or publication of that information. GapJumpers reserves the right to take any action with respect to such information that it deems necessary or appropriate in its sole discretion if GapJumpers believes information is inappropriate for the Site or its services, may create liability for GapJumpers, or may cause GapJumpers to lose (in whole or in part) the services of its Internet service provider, advertisers, or other suppliers or partners. You hereby grant to GapJumpers a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use Your Content in connection with the operation of the Service or the promotion, advertising or marketing thereof (subject to our Privacy Policy as it relates to Your Information).
Additionally, Applicants represent and warrant that Your Content will be accurate and will not (a) infringe any third party’s copyright, trademark, patent or other proprietary rights or rights of publicity or privacy, (b) violate any law (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising), or (c) be libelous, unlawfully threatening, or unlawfully harassing. All Applicants may be asked to make legally binding warranties and representations to GapJumpers and the Poster in relation to an Answer that you submit.
You understand that the operation of the Site, including Your Content, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to our third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Site. Although we strives to keep Your Content secure, given the nature of the Internet, we cannot guarantee that we will be successful in doing so. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. We will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
You are responsible for your use of GapJumpers, for any Content you post, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of GapJumpers and through third party services and websites.You should only provide Content that you are comfortable sharing with others under these Terms.
If you are accepting these Terms and using GapJumpers on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use GapJumpers only in compliance with, state, national, and international laws, rules and regulations.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via GapJumpers and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via GapJumpers or obtained by you through GapJumpers is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted or endorse any opinions expressed.
Under no circumstances will GapJumpers be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of the platform or any Content posted, emailed, transmitted or otherwise made available via GapJumpers or broadcast elsewhere.
If you submit an Answer in response to a GapJumpers Question , you agree that you are the owner of the submitted Answer and that you are legally free to make the disclosure and to convey the intellectual property rights being offered to the Poster. You also agree that your Answer is subject to the additional terms and conditions in any applicable Poster agreement or Job-Specific Provision. By submitting your answer, you allow the expert to edit, remix, and build upon your ideas. You understand that you are giving up some of your Intellectual Property rights, in return for being evaluated by industry professionals and receiving endorsements for your skills. You cannot submit an answer after the allotted time has expired. There will be NO refund of the answer credit that was exhausted in the process. All Posters agree that all Answers will be reviewed and provided with feedback.
(a) GapJumpers shall retain all ownership in the Site and all content generated by it that is displayed on the Site. GapJumpers grants you a nonexclusive, revocable right to use the Site provided that you do not (i) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or (ii) modify or attempt to modify the Site in any manner or form except that you have the right to modify your self-generated content on the Site.
The license granted to you by GapJumpers is a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of GapJumpers. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of GapJumpers. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including Challenge descriptions, images, text, page layout, or form) of GapJumpers without express written consent. You may not use any meta tags or any other "hidden text" utilizing GapJumpers’ name or trademarks without the express written consent of GapJumpers. Any unauthorized use terminates the permission or license granted by GapJumpers. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of GapJumpers.me so long as the link does not portray GapJumpers, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any GapJumpers logo or other proprietary graphic or trademark as part of the link without express written permission.
You agree not to use any device, software or routine to interfere with the proper working of the Site or which is intended to damage, interfere with, surreptitiously intercept or expropriate any system, data or personal information. You agree not to take any action (including without limitation, spamming) that imposes an unreasonable load on our infrastructure. You agree not to take any actions which may undermine the integrity of our system or the services, such as: leaving feedback or ratings for yourself; using the Site in violation of local, state, national or international law; uploading of files or content that contain material that violates the intellectual property rights of any third party.
You are solely responsible for compliance with all applicable laws and regulations regarding your use of the Site and the transfer of the technologies or information with which you are involved, including without limitation, import/export requirements, and GapJumpers expressly disclaims any liability or responsibility thereto. You will comply with any codes of conduct, policies or other notices we provide you or publish on the Site, and you shall promptly notify us if you learn of a security breach related to the Site or our services. Since our clients employ GapJumpers for blind auditions, the employer will not know race, color, religion, sex, national origin, protected veteran status, disability status, or any other status protected by law of the candidates before making pre-screening decisions.
As part of the service, we provide suggestions in the form of curated questions. These questions are constructed in order to present users with an interesting and engaging hypothetical scenario to prove their skills. The curated questions are hypothetical in nature and any resemblance to real situations is purely coincidental.
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS". GapJumpers MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING NO WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, RESPECTING THE SERVICES.
GapJumpers has no control over, and is not responsible for the acts or omissions of Posters, or the quality or legality of the Answer sought thereby. GapJumpers does not warrant or guarantee the accuracy or completeness of any GapJumpers’ Question, nor endorse any Poster. Applicants hereby agree not to cheat in order to submit an impressive answer. If Applicants are suspected of doing so, their answer will not be reviewed and they may be disqualified. If Applicants are suspected of plagiarising answers from another applicant both answers will not be reviewed. Furthermore, Applicant behaviour will be made public, so that all companies and industry experts are aware of this.
GapJumpers SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, EXPENSES OR OTHER COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES) YOU SUFFER OR INCUR AS A RESULT OF THIRD PARTY CLAIMS RELATING TO YOUR USE OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL GapJumpers BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) OR FOR ANY DAMAGES IN EXCESS OF $100 REGARDLESS OF THE CAUSE. You agree that you will be responsible for, and at GapJumpers’ request defend GapJumpers from, third party claims arising out of information you provide to GapJumpers for publication, any breach by you of this agreement.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or GapJumpers’ services must be filed within one (1) year after such claim or cause of action accrues, or be forever barred.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GAPJUMPERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GAPJUMPERS EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100) OR THE AMOUNT YOU PAID GAPJUMPERS, IF ANY, IN THE PAST THREE MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT GAPJUMPERS HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree that you will not disclose to GapJumpers or its affiliates, or to any Poster, any information which you are under an existing contractual or other legal obligation to maintain in confidence or otherwise do not have the right to sell or license. You agree that you will not discuss any confidential information of your own, other parties, or the Poster related to any GapJumpers Question. To ensure commitment and fair effort from Applicants, Applicants are required to pay with answer credits (either offered by GapJumpers for FREE or purchased in order to submit their Answers for review by Poster).
The Site may contain links to Websites operated by parties other than GapJumpers. Such links are provided for reference only and GapJumpers does not control such Web sites and is not responsible for their contents. GapJumpers' inclusion of links to such sites does not imply any endorsement of the material on such sites or any association with their operators.
You agree that you will not present to third parties any content or material in a manner that could be construed as conveying sponsorship, endorsement, option, or representation or warranty of GapJumpers.
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of GapJumpers or its Posters and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of GapJumpers or its Posters and protected by U.S. and international copyright laws. All software used on this site is the property of GapJumpers or its software suppliers and protected by United States and international copyright laws.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any content made available in connection with the Site infringes your copyright, you (or your agent) may send us a notice requesting that the content be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details). Notices and counter notices should be sent to us at:
By Mail:
Copyright Agent
GapJumpers, Inc.
3500 S. Dupont Hwy,
Dover, DE 19901.
We reserve the right to (i) modify or discontinue, temporarily or permanently, the Site or our services (or any part thereof) and (ii) refuse any and all current and future use of the Site or our services (or any part thereof), suspend or terminate your account (any part thereof) or use of the Site or our services (or any part thereof) and remove and discard any of Your Content in the Site or our services (or any part thereof), for any reason, including if we believes that you have violated these terms and conditions. We shall not be liable to you or any third party for any modification, suspension or discontinuation of the Site or our services (or any part thereof). All of Your Content on the Service may be permanently deleted by us upon any termination of your account in its sole discretion.
You shall defend, indemnify, and hold harmless GapJumpers and its affiliates from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of these terms and conditions, any of Your Content that is uploaded, posted or otherwise transmitted to the Site using your account, or your other access, contribution to, use or misuse of the Site or any of our services. We shall provide notice to you of any such claim, suit or demand. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
This Agreement shall be interpreted in accordance with the laws of the state of California, United States of America (excluding any rules governing choice of laws) and any legal proceeding arising out of this Agreement will occur in the state of Delaware, County of Kent. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between GapJumpers and you with respect to the subject matter hereof, and you have not relied upon any promises or representations by GapJumpers with respect to the subject matter except as set forth herein. You shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law.