Last Updated: March 8, 2021
These Terms constitute a legally binding agreement between ADP, Inc. (“ADP”, “we”, “us” and “our”) and you. If you do not agree to these Terms, you may not access or use BrightJump.
1. Eligibility and Scope
You must be at least 18 years old to use BrightJump. BrightJump is only available for Job Seekers seeking employment in the U.S.A.
2. Operation of BrightJump
You acknowledge and agree that we may provide BrightJump using third party providers. We reserve the right to discontinue BrightJump, or any aspect of BrightJump, at any time without notice.
3. Use Rights
Subject to these Terms, ADP hereby grants you a limited, revocable, non-exclusive, non-transferrable license to access and use BrightJump for your personal, non-commercial use only, while seeking employment opportunities for yourself within the United States.
You shall not (i) copy, distribute or disclose any part of the Content in any medium, including by any automated or non-automated “scraping”, (ii) license, create derivative works from, transfer, sell or re-sell any Content, (iii) access, or attempt to access, BrightJump by any means other than through the user interface provided through the Site, including by automated means such as scripts, bots, spiders or web crawlers, (iv) use BrightJump for any unlawful purpose or in that violates any applicable law, (v) reverse engineer or decompile any portion of BrightJump, (vi) attempt to interfere with, compromise the system integrity or security of or decipher any transmissions to or from the servers running BrightJump, (vii) BrightJump, (vii) take any action that may impose an unreasonable or disproportionately large load on our infrastructure, (viii) upload invalid data, viruses, worms or other software agents through BrightJump, (ix) collect or harvest any personally information from BrightJump, (x) use BrightJump for commercial solicitation, (xi) impersonate another person or otherwise misrepresent your affiliation with a person or entity, or conduct fraud, hide or attempt to hide your identity, (xii) interfere with the proper working of BrightJump, (xiii) disclose or share your login credentials, (xiv) frame or link to any Content, (xv) post or submit any inaccurate, incomplete or false biographical information, or (xvi) post or submit any material that is unlawful, illegal, defamatory, offensive, discriminatory, threatening or obscene.
BrightJump, including the text, software, scripts, graphics, photos, sounds, videos, interactive features and the trademarks, service marks, and logos contained therein (“Marks”) are the sole property of ADP or its licensors, and are protected by United States and foreign copyright, trademark and other laws. Except for the limited licenses expressly granted to you in Section 3 (Use Rights) above, ADP retains all proprietary rights to BrightJump. The use of the Content on any other website or networked computer environment for any purpose is strictly prohibited. Any code that ADP creates to generate or display the Content or the pages making up the Site is also protected by ADP’s copyright. ADP reserves all rights not expressly granted in and to BrightJump. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. All rights not expressly granted to you under these Terms are reserved by ADP and its licensors.
You may choose to, or we may invite you to submit comments ideas, or feedback about BrightJump (“Feedback”). By submitting any Feedback, you agree that your disclosure is without restriction, and that ADP is free to use and act on the Feedback without any compensation, approval, or consideration and to disclose the Feedback on a non-confidential basis to anyone.
7.1 Privacy Statement.
These Terms incorporate the BrightJump Privacy Statement.
ADP may from time to time identify products and/or services that will benefit you (“Offers”). In order to extend Offers, you agree that ADP may use your contact information, including email address for such purpose. Each communication sent by ADP will comply with applicable laws and will enable you to opt-out of receiving additional Offers.
8. Accounts and User Content
8.1 Account Creation.
When you apply for a job using BrightJump, you may choose to create an account (“Account”). You may also choose to create a profile (“Profile”) that includes your education and work experience. Any information you submit in connection with your Account and Profile must be accurate.
8.2 Account Security.
You are responsible for maintaining the security of your Account and Profile. In order to protect you and User Content (defined below), ADP may suspend your use of BrightJump, without notice, if any breach of security is suspected.
8.3 Account Ownership.
If you cancel your Account or your Account is terminated, your Account and your Profile, and all information saved therein, including any saved jobs, may be deleted, however, third parties may retain saved copies of your information.
8.4 User Content.
Any content a user posts on BrightJump is referred to as “User Content.” As between you and ADP, you retain ownership of your User Content. You grant ADP a non-exclusive, royalty-free, perpetual, transferable, sub-licensable, worldwide license to use, modify, reproduce, display, sell, prepare derivative works from, distribute and otherwise exploit all of your User Content and any intellectual property rights therein for the purposes of operating BrightJump, improving BrightJump, developing new products and services, publishing such User Content, and for any other purpose in connection with BrightJump.
8.5 User Content Warranties.
You represent and warrant that: (i) you own the User Content that you post on or through BrightJump, or that you otherwise have the right to license your User Content in accordance with these Terms, (ii) your User Content, and its posting on or through BrightJump does not violate applicable law or the privacy, publicity, contract or intellectual property rights or other rights of any person or entity, and (iii) your posting of User Content to BrightJump does not result in any breach of contract between you and any third party. You are solely responsible for your User Content.
8.6 Restrictions on User Content.
User Content may not (i) be obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing to another user or any other person or entity, (v) be sexually explicit images or other material, (iii) include advertisements or solicitations of business, (iv) constitute chain letters or pyramid schemes, (v) impersonate another person or be posted under a fictitious name, (vi) contains a virus, corrupt file or other harmful component.
8.7 Removal of User Content.
ADP has no obligation to screen any User Content, but reserves the right to block or remove User Content at any time in our sole discretion.
9. Third Party Sites
BrightJump may contain links to third-party websites. Any such links are provided as a convenience, and ADP does not endorse them. If you access any linked third-party sites, you do so at your own risk and your use is governed solely by such site’s terms and conditions. ADP make no representation regarding the quality, content, accuracy of the materials on or the security such sites. You acknowledge and agree that ADP will not be liable for any damage or loss you incur in connection with your use of any such websites.
10.1 By ADP.
ADP may, in its sole discretion, for any or no reason, without notice and without liability, delete your Account and Profile at any time. ADP may refer any suspected fraudulent, abusive or illegal activity by you to appropriate law enforcement authorities. In addition, ADP reserves the right to delete your Account and Profile after a significant period of inactivity.
10.2 By You.
Your only remedy with respect to any dissatisfaction with BrightJump, including any of these Terms or any Content, is to terminate your use of BrightJump.
Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
You agree to indemnify, defend, and hold ADP, its affiliated companies, contractors, employees, directors, agents, licensors and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of BrightJump, violation of these Terms, or any breach of your representations and warranties. ADP reserves the right, at your expense, to assume control of the defense of any indemnified claim, and you agree to cooperate with ADP’s defense of these claims. ADP will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
YOU EXPRESSLY AGREE THAT THE USE OF BrightJump IS AT YOUR SOLE RISK. BrightJump IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ADP, AND ITS AFFILIATES, PARTNERS AND LICENSORS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ADP, AND ITS AFFILIATES, PARTNERS AND LICENSORS DO NOT WARRANT THAT THE DATA, FEATURES, FUNCTIONS OR ANY OTHER INFORMATION OFFERED ON OR THROUGH BrightJump WILL BE UNINTERRUPTED, ACCURATE, USEFUL, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING, IF ENCOUNTERED, WILL BE CORRECTED. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
13. Limitations of Liability
13.1 Direct Damages.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ADP OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH BrightJump.
13.2 No Consequential Damages.
UNDER NO CIRCUMSTANCES WILL ADP OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS ARISING OUT OF, OR RELATING TO BrightJump, OR THAT MAY RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE BrightJump, EVEN IF ADP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, ADP"S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
14. Procedures for Making Infringement Claims
ADP will respond to all notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. If you are a copyright owner or an agent thereof, and you believe that any Content infringes your copyrights, you may submit a notification to:
One ADP Boulevard, Roseland, NJ 07068–1728
Attn: General Counsel.
If you believe any trademarks, service marks or logos used on BrightJump are the property of someone else, please notify ADP at the address specified in Section 14.1.
15.1 Entire Agreement.
This is the entire agreement between you and ADP relating to the subject matter herein and will not be modified except in writing, signed by both parties. Notwithstanding the foregoing, ADP may revise these Terms at any time by posting an updated version on the Site. Your continued use of BrightJump constitutes your acceptance of the revised Terms.
15.2 Governing Law.
These terms and conditions shall be governed and construed in accordance with the laws of the State of New Jersey, USA, and applicable federal laws without regard to conflicts of law principles.
a) Procedures. You and ADP agree that, except as provided in Section 15.3(d) below, all disputes, controversies and claims related to these Terms (each a “Claim“), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules“) and under the terms set forth in these Terms. In the event of a conflict between the terms set forth in this Section 15.3 and the JAMS Rules, the terms in this Section 15.3 will control and prevail. Except as otherwise set forth in Section 15.3, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and ADP will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms, (i) you and ADP may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator, and (ii) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law. BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND ADP WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
b) Location. The arbitration will take place in Roseland, New Jersey, unless the parties agree to video, phone and/or internet connection appearances.
c) Limitations. You and ADP agree that any arbitration shall be limited to the Claim between ADP and you individually. YOU AND ADP AGREE THAT (I) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES, (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL, AND (III) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
d) Exceptions to Arbitration. You and ADP agree that the following Claims are not subject to arbitration: (i) any Claim seeking to enforce or protect, or concerning the validity of, any of your or ADP’s intellectual property rights, (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use, and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
e) Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
f) Severability. You and ADP agree that if any portion this Section 15.3 is found illegal or unenforceable (except any portion of Section 15.3(d)), that portion shall be severed and the remainder of this Section shall be given full force and effect. If Section 15.3(d) is found to be illegal or unenforceable, then neither you nor ADP will elect to arbitrate any Claim falling within that portion of Section 15.3(d) found to be illegal or unenforceable, and such Claim shall be exclusively decided by a court of competent jurisdiction within Essex County, State of New Jersey, United States of America, and you and ADP agree to submit to the personal jurisdiction of that court.
Except as otherwise provided in this Agreement, any notices or other communications to ADP shall be in writing and shall be given via personal delivery, overnight courier or via U.S. Certified Mail, Return Receipt Requested to 1 ADP Boulevard, Roseland, NJ 07068 Attn: General Counsel. All such notices shall be deemed given and effective on the day when delivered by overnight delivery service or certified mail.
The failure of ADP to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by ADP.
If any provision of these Terms or any policies is held to be unlawful, void, or unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you under any circumstances, but may be assigned by ADP without restriction, including by operation of law, or in connection with merger, sale of stock or assets, or change of control. Any assignment attempted to be made by you in violation of these Terms shall be null and void. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
15.9 Independent Contractors.
The relationship between you and ADP is one of independent contractors. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended, nor shall anything herein be interpreted or construed to or create, either expressly or by implication, any such relationship.