You agree that by clicking “Join Now”, “Join jumpGate”, “Sign Up” or similar, registering, accessing
or using our services (described below), you are agreeing to enter into a legally binding
contract with jumpGate (even if you are using our Services on behalf of a company). If you do not
agree to this contract (“Contract” or “User Agreement”), do not click “Join Now” (or similar) and do
not access or otherwise use any of our Services. If you wish to terminate this contract, at any time
you can do so by closing your account and no longer accessing or using our Services.
Services
This Contract applies to jumpGateSRM.com, jumpGate branded apps, and other jumpGate related
sites, apps, communications and other services that state that they are offered under this Contract
(“Services”), including the offsite collection of data for those Services, such as our ads and the
“Apply with jumpGate” and “Share with jumpGate” plugins. Registered users of our Services are
“Members” and unregistered users are “Visitors”. This Contract applies to both Members and
Visitors.
jumpGate SRM Inc.
You are entering into this Contract with JUMPGATE SRM INC. (also referred to as “we” and “us”, and
jumpGate SRM Inc.).
You are entering into this Contract with jumpGate SRM Corporation (“jumpGate Corp.”) and jumpGate
Corp. will be the controller of your personal data provided to, or collected by or for, or processed in
connection with our Services. From time to time, personal data may be shared with jumpGate SRM Inc.
parent company Persal Inc.
As a Visitor or Member of our Services, the collection, use and sharing of your personal data is
subject to this Privacy Policy (which includes our cookie policy and other documents referenced in
this Privacy Policy) and updates.
1.2 Members and Visitors
When you register and join the jumpGate SRM Inc. Service, you become a Member. If you have chosen not
to register for our Services, you may access certain features as a “Visitor.”
1.3 Change
We may modify this Contract, our Privacy Policy and our Cookies Policies from time to time. If we
make material changes to it, we will provide you notice through our Services, or by other means, to
provide you the opportunity to review the changes before they become effective. We agree that
changes cannot be retroactive. If you object to any changes, you may close your account. Your
continued use of our Services after we publish or send a notice about our changes to these terms
means that you are consenting to the updated terms.
2. Obligations
2.1 Service Eligibility
The Services are not for use by anyone under the age of 16.
To use the Services, you agree that: (1) you must be the “minimum age” (described below) or
older; (2) you will only have one jumpGate account, which must be in your real name; and (3) you
are not already restricted by jumpGate from using the Services. Creating an account with false
information is a violation of our terms, including accounts registered on behalf of others or persons
under the age of 16.
“Minimum Age” means 16 years old. However, if law requires that you must be older in order for
jumpGate SRM Inc. to lawfully provide the Services to you without parental consent (including using of your
personal data) then the Minimum Age is such older age.
2.2 Your Account
You will keep your password a secret. You will not share an account with anyone else and will
follow our rules and the law.
Members are account holders. You agree to: (1) try to choose a strong and secure password; (2)
keep your password secure and confidential; (3) not transfer any part of your account (e.g.,
connections) and (4) follow the law and our list of Do’s and Do not’s and Professional Community
Policies. You are responsible for anything that happens through your account unless you close it or
report misuse.
As between you and others (including your employer), your account belongs to you. However, if
the Services were purchased by another party for you to use (e.g. Recruiter seat bought by your
employer), the party paying for such Service has the right to control access to and get reports on
your use of such paid Service; however, they do not have rights to your personal account.
2.3 Payment - Future Services
If you buy any of our paid Services (“Premium Services”), you agree to pay us the applicable fees
and taxes and to additional terms to the paid Services. Failure to pay these fees will result in the
termination of your paid Services. Also, you agree that:
- Your purchase may be subject to foreign exchange fees or differences in prices based on
location (e.g. exchange rates).
We may store and continue billing your payment method (e.g. credit card) even after it has
expired, to avoid interruptions in your Services and to use to pay other Services you may
buy.
- If you purchase a subscription, your payment method automatically will be charged at the
start of each subscription period for the fees and taxes applicable to that period. To avoid
future charges, cancel before the renewal date.
- All of your purchases of Services are subject to jumpGate SRM Inc.’s refund policy.
- We may calculate taxes payable by you based on the billing information that you provide
us at the time of purchase.
2.4 Notices and Messages
You agree that we will provide notices and messages to you in the following ways: (1) within the
Service, or (2) sent to the contact information you provided us (e.g., email, mobile number,
physical address). You agree to keep your contact information up to date.
2.5 Sharing
Our Services allow messaging and sharing of information in many ways, such as your profile, slide
decks, links to news articles, job postings, emails and blogs. Information and content that you
share or post may be seen by other Members, Visitors or others (including off of the Services).
Where we have made settings available, we will honor the choices you make about who can see
content or information (e.g., message content to your addressees, sharing content only to
jumpGate SRM Inc. connections, restricting your profile visibility from search engines, or opting not to notify
others of your jumpGate SRM Inc. profile update). .
We are not obligated to publish any information or content on our Service and can remove it in our
sole discretion, with or without notice.
3. Rights and Limits
3.1. Your License to jumpGate SRM Inc.
As between you and jumpGate SRM Inc., you own the content and information that you submit or post to the
Services, and you are only granting jumpGate SRM Inc. and our affiliates the following non-exclusive
license:
A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and
process, information and content that you provide through our Services and the services of others,
without any further consent, notice and/or compensation to you or others. These rights are limited
in the following ways:
- You can end this license for specific content by deleting such content from the Services,
or generally by closing your account, except (a) to the extent you shared it with others as
part of the Service and they copied, re-shared it or stored it and (b) for the reasonable
time it takes to remove from backup and other systems.
- We will not include your content in advertisements for the products and services of third
parties to others without your separate consent (including sponsored content). However,
we have the right, without payment to you or others, to serve ads near your content and
information, and your social actions may be visible and included with ads, as noted in the
Privacy Policy.
- We will get your consent if we want to give others the right to publish your content beyond
the Services. However, if you choose to share your post as "public", we will enable a
feature that allows other Members to embed that public post onto third-party services, and
we enable search engines to make that public content locatable though their services.
- While we may edit and make format changes to your content (such as translating it,
modifying the size, layout or file type or removing metadata), we will not modify the
meaning of your expression.
- Because you own your content and information and we only have non-exclusive rights to
it, you may choose to make it available to others, including under the terms of a Creative
Commons license .
You and jumpGate SRM Inc. agree that we may access, store, process and use any information and
personal data that you provide in accordance with the terms of the Privacy Policy and your choices
(including settings).
By submitting suggestions or other feedback regarding our Services to jumpGate SRM Inc., you agree that
jumpGate SRM Inc. can use and share (but does not have to) such feedback for any purpose without
compensation to you
You agree to only provide content or information that does not violate the law nor anyone’s rights
(including intellectual property rights). You also agree that your profile information will be truthful.
jumpGate SRM Inc. may be required by law to remove certain information or content in certain countries.
3.2 Service Availability
We may change or discontinue any of our Services. We don’t promise to store or keep showing
any information and content that you’ve posted.
jumpGate SRM Inc. is not a storage service. You agree that we have no obligation to store, maintain or
provide you a copy of any content or information that you or others provide, except to the extent
required by applicable law and as noted in our Privacy Policy.
3.3 Other Content, Sites and Apps
By using the Services, you may encounter content or information that might be inaccurate,
incomplete, delayed, misleading, illegal, offensive or otherwise harmful. jumpGate SRM Inc. generally does
not review content provided by our Members or others. You agree that we are not responsible for
others’ (including other Members’) content or information. We cannot always prevent this misuse of
our Services, and you agree that we are not responsible for any such misuse. You also
acknowledge the risk that you or your organization may be mistakenly associated with content
about others when we let connections and followers know you or your organization were
mentioned in the news. Members have choices about this feature .
You are responsible for deciding if you want to access or use third-party apps or sites that link from
our Services. If you allow a third-party app or site to authenticate you or connect with your
jumpGate SRM Inc. account, that app or site can access information on jumpGate SRM Inc. related to you and your
connections. Third-party apps and sites have their own legal terms and privacy policies, and you
may be giving others permission to use your information in ways we would not. Except to the
limited extent it may be required by applicable law, jumpGate SRM Inc. is not responsible for these other
sites and apps – use these at your own risk. Please see our Privacy Policy.
3.4 Limits
jumpGate SRM Inc. reserves the right to limit your use of the Services, including the number of your
connections and your ability to contact other Members. jumpGate SRM Inc. reserves the right to restrict,
suspend, or terminate your account if jumpGate SRM Inc. believes that you may be in breach of this
Contract or law or are misusing the Services (e.g., violating any of the Dos and Don’ts
or Professional Community Policies ).
3.5 Intellectual Property Rights
jumpGate SRM Inc. reserves all of its intellectual property rights in the Services. Using the Services does not
give you any ownership in our Services or the content or information made available through our
Services. Trademarks and logos used in connection with the Services are the trademarks of their
respective owners. jumpGate SRM Inc., and other jumpGate SRM Inc. trademarks, service marks, graphics, and logos
used for our Services are trademarks or registered trademarks of jumpGate SRM Inc..
3.6 Automated Processing
We will use the information and data that you provide and that we have about Members to make
recommendations for connections, content and features that may be useful to you. For example,
we use data and information about you to recommend jobs to you and you to recruiters. Keeping
your profile accurate and up-to-date helps us to make these recommendations more accurate and
relevant.
4. Disclaimer and Limit of Liability
4.1 No Warranty
TO THE EXTENT ALLOWED UNDER LAW, JUMPGATE SRM INC. AND ITS AFFILIATES (AND THOSE
THAT JUMPGATE SRM INC. WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED
WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT);
(B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION
OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION)
ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE
DISCLAIMERS MAY NOT APPLY TO YOU.
4.2 Exclusion of Liability
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS JUMPGATE SRM INC. HAS ENTERED INTO
A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), JUMPGATE SRM INC. AND
ITS AFFILIATES (AND THOSE THAT JUMPGATE SRM INC. WORKS WITH TO PROVIDE THE SERVICES)
SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES,
REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR
DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR
INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF JUMPGATE SRM INC. AND ITS AFFILIATES (AND THOSE THAT
JUMPGATE SRM INC. WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR
ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT
MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) US
$1000.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU
AND jumpGate SRM INC. AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT,
NEGLIGENCE, CONTRACT, LAW) AND EVEN IF jumpGate SRM INC. OR ITS AFFILIATES HAS BEEN
TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL
THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE
LIMITS MAY NOT APPLY TO YOU.
5. Termination
Both you and jumpGate SRM Inc. may terminate this Contract at any time with notice to the other. On
termination, you lose the right to access or use the Services. The following shall survive
termination:
- Our rights to use and disclose your feedback;
- Members and/or Visitors’ rights to further re-share content and information you shared
through the Service to the extent copied or re-shared prior to termination;
- Sections 4, 6, 7, and 8.2 of this Contract;
- Any amounts owed by either party prior to termination remain owed after termination.
You can visit our Help Center to close your account.
6. Governing Law and Dispute Resolution
If you live in the Designated Countries: You and jumpGate SRM Inc. agree that the laws of Canada, excluding
conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the
Services. You and jumpGate SRM Inc. agree that claims and disputes can be litigated only in Ottawa,
Canada, and we each agree to personal jurisdiction of the courts located in Ottawa, Canada.
For others outside of Designated Countries, including those who live outside of the United States: You and
jumpGate SRM Inc. agree that the laws of the State of California, U.S.A., excluding its conflict of laws rules,
shall exclusively govern any dispute relating to this Contract and/or the Services. You and
jumpGate SRM Inc. both agree that all claims and disputes can be litigated only in the federal or state courts
in Santa Clara County, California, USA, and you and jumpGate SRM Inc. each agree to personal jurisdiction
in those courts.
7. General Terms
If a court with authority over this Contract finds any part of it unenforceable, you and we agree that
the court should modify the terms to make that part enforceable while still achieving its intent. If the
court cannot do that, you and we agree to ask the court to remove that unenforceable part and still
enforce the rest of this Contract.
To the extent allowed by law, the English language version of this Contract is binding and other
translations are for convenience only. This Contract (including additional terms that may be
provided by us when you engage with a feature of the Services) is the only agreement between us
regarding the Services and supersedes all prior agreements for the Services.
If we don't act to enforce a breach of this Contract, that does not mean that jumpGate SRM Inc. has waived
its right to enforce this Contract. You may not assign or transfer this Contract (or your membership
or use of Services) to anyone without our consent. However, you agree that jumpGate SRM Inc. may assign
this Contract to its affiliates or a party that buys it without your consent. There are no third-party
beneficiaries to this Contract.
You agree that the only way to provide us legal notice is at the addresses provided in Section 10.
8. jumpGate SRM Inc. “Do's and Don’ts”
8.1. Do’s
You agree that you will:
a. Comply with all applicable laws, including, without limitation, privacy laws, intellectual
property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
b. Provide accurate information to us and keep it updated;
c. Use your real name on your profile; and
d. Use the Services in a professional manner.
8.2. Do not’s
You agree that you will not:
- Create a false identity on jumpGate SRM Inc., misrepresent your identity, create a Member profile
for anyone other than yourself (a real person), or use or attempt to use another’s account;
- Develop, support or use software, devices, scripts, robots, or any other means or
processes (including crawlers, browser plugins and add-ons, or any other technology) to
scrape the Services or otherwise copy profiles and other data from the Services;
- Override any security feature or bypass or circumvent any access controls or use limits of
the Service (such as caps on keyword searches or profile views);
- Copy, use, disclose or distribute any information obtained from the Services, whether
directly or through third parties (such as search engines), without the consent of
jumpGate SRM Inc.;
- Disclose information that you do not have the consent to disclose (such as confidential
information of others (including your employer));
- Violate the intellectual property rights of others, including copyrights, patents, trademarks,
trade secrets, or other proprietary rights. For example, do not copy or distribute (except
through the available sharing functionality) the posts or other content of others without
their permission, which they may give by posting under a Creative Commons license;
- Violate the intellectual property or other rights of jumpGate SRM Inc., including, without limitation, (i)
copying or distributing our learning videos or other materials or (ii) copying or distributing
our technology, unless it is released under open source licenses; (iii) using the word
“jumpGate SRM Inc.” or our logos in any business name, email, or URL except as provided in the
Brand Guidelines;
- Post anything that contains software viruses, worms, or any other harmful code;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the
source code for the Services or any related technology that is not open source;
- Imply or state that you are affiliated with or endorsed by jumpGate SRM Inc. without our express
consent (e.g., representing yourself as an accredited jumpGate SRM Inc. trainer);
- Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or
access to the same, without jumpGate SRM Inc.'s’s consent;
- Deep-link to our Services for any purpose other than to promote your profile or a Group on
our Services, without jumpGate SRM Inc.'s’s consent;
- Use bots or other automated methods to access the Services, add or download contacts,
send or redirect messages;
- Monitor the Services’ availability, performance or functionality for any competitive
purpose;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the
Services;
- Overlay or otherwise modify the Services or their appearance (such as by inserting
elements into the Services or removing, covering, or obscuring an advertisement included
on the Services);
- Interfere with the operation of, or place an unreasonable load on, the Services (e.g.,
spam, denial of service attack, viruses, gaming algorithms); and/or
- Violate the Professional Community Policies or any additional terms concerning a specific
Service that are provided when you sign up for or start using such Service.
9. Complaints Regarding Content
We respect the intellectual property rights of others. We require that information posted by
Members be accurate and not in violation of the intellectual property rights or other rights of third
parties. We provide a policy and process for complaints concerning content posted by our Members.