Terms and Conditions for Use
XLC ServicesSM Website at www.XLCServices.com
Please read these Terms
and Conditions carefully before using this website. By using this website, you
hereby agree to these Terms and Conditions and signify that you have read them
fully. If you do not wish to abide by the Terms and Conditions for this
website, please discontinue viewing, reading and/or using this website
immediately. If you violate any of these Terms and Conditions, your permission
to use this website automatically terminates. XLC Services
("XLC") reserves the right to revise these Terms and Conditions at
any time without notice, and by using this website subsequent to any revision
of these Terms and Conditions, you agree to be bound by these changes.
ONLINE PRIVACY PROTECTION AND SECURITY
Personal information includes all of the personally-identifying information you
may provide to us through this website, such as your name, address, phone
number or e-mail address. Such information may be provided by you in order to
facilitate the application process. When users submit sensitive information via
our website, their information is protected both online and off-line. During
set-up and registration, users enter sensitive information (such as a social
security number, date of birth, etc.). This information is encrypted and
protected with industry-standard, secure socket layer ("SSL")
encryption. While on a secure page (such as Secure Site), you will notice that
the "lock" icon may be displayed on the bottom of your web browser. This icon lets you know that your
transmission is secure.
XLC will limit the dissemination of personally-identifying
information. XLC will use and share your personal information only if necessary
and allowed by law to administer XLC's business of providing products and services
to you as a customer of XLC. XLC further limits the access to your personal
information by our employees only to those responsible for assisting you as a
client of XLC. Access to all of our users' information (not just the sensitive
information), is restricted in the XLC offices. Only employees who need the
information to perform a specific job (for example, Customer Service Manager)
are granted access to personally identifiable information. Our employees must
use password-protected screen-savers when they leave their desks. When they
return to their desks, our employees must re-enter their password to access
user information. Further, all XLC employees are kept up-to-date on our
security and privacy practices. Periodically, and whenever new security or
privacy policies are implemented, our employees are notified of changes,
reminded about the importance XLC places on privacy, and instructed about what
they can do to ensure that our clients' information is protected. Finally, the
servers on which we store personally identifiable information are kept in a
secure environment. If you have any questions about the security of our
website, you are welcome to send us an email requesting further information to:
TechSupport@XLCServices.com.
The www.XLCServices.com website is not directed to children and is not intended for
use by children.
INFORMATION COLLECTION
AND USE
XLC is the sole owner of
information collected on this site. www.XLCServices.com is designed to be accessed
for the purpose of on-line employment applications. All client data collected
is utilized for the purpose of compliance and accounting with all applicable
laws, as well as to help us customize our website to better meet the needs of
our registered clients. Applicant data supplied to XLC is kept confidential.
XLC will not sell, share, rent or otherwise disseminate this information to
others for any purpose other than to conduct the requested services.
COPYRIGHTS, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY NOTICES
The contents of this website, including all text, graphics, arrangement,
design, format, appearance and other material (the "Material") is
©2003-2008 by XLC and protected under both United States and
foreign laws. All rights are reserved. Unauthorized use of the Material, including
reproduction, copying, transmission, distribution, preparation of derivative
works, public performance and public display, is prohibited by the Copyright
Act of 1976, 17 U.S.C. § 101 et.seq. and other laws. Notwithstanding the
foregoing, you, as a "viewer" or "user" of this website,
are granted a nonexclusive, nontransferable, limited license to view,
reproduce, print and distribute materials retrieved from this site provided
that (a) such materials are used for personal, informational and/or non-commercial
purposes only, and (b) you do not remove, alter, obscure or otherwise eliminate
from hard-copy versions the applicable copyright and other notices.
All names, logos, indicia and trademarks appearing on this website, except as
otherwise noted, including without limitation XLC, and the logo, are trademarks
of XLC and/or its related companies.
Various trademarks not owned by XLC or its affiliates may appear on this
website. All such trademarks, names, logos or indicia of ownership are the
property of their respective owners, and are used fairly, in a non-commercial
manner, and only to describe the goods and services of such entities in
compliance with section 33(b)(4) of the Lanham Trademark Act, 15 U.S.C. § 1115
(b)(4).
LIMITATION OF LIABILITY
The Material on this website may contain inaccuracies and typographical or
other errors. XLC makes no representations about the accuracy, reliability,
completeness, or timeliness of the Material or about the results to be obtained
from using the website and/or the Material therein. Use of the website and any
information contained therein is at your own risk. The Material and other
content on this website may or may not be periodically updated or revised at
any time. These Terms and Conditions of Use shall apply with equal force to any
and all such updates or revisions.
XLC DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS
WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR
COMPUTER CODE THAT MAY BE TRANSFERRED TO YOUR COMPUTER WHEN DOWNLOADED. IF YOUR
USE OF THE WEBSITE AND OF THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR
REPLACEMENT OF EQUIPMENT OR DATA, XLC IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEBSITE AND MATERIAL ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. XLC, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS
ALL WARRANTIES, EXPRESS, IMPLIED AND/OR STATUTORY, INCLUDING WITHOUT LIMITATION
IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES'
RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. XLC MAKES NO WARRANTIES ABOUT THE
ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE MATERIAL, SERVICES,
CONTENT, SOFTWARE TEXT, GRAPHICS AND LINKS.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT XLC IS NOT LIABLE FOR ANY DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY OF
XLC'S MATERIAL, OR WITH ANY OF THE CONTENT LOCATED ON THIS SITE, OR WITH ANY OF
THESE TERMS AND CONDITIONS, YOUR SOLE REMEDY IS TO DISCONTINUE USING THIS
WEBSITE.
XLC MAKES NO WARRANTY THAT THE USE OF MATERIAL OR CONTENT DISPLAYED ON THIS
WEBSITE WILL NOT ALSO INFRINGE UPON THE RIGHTS OF THIRD PARTIES NEITHER OWNED
BY NOR AFFILIATED WITH XLC.
DISCLAIMER OF DAMAGES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL XLC, ITS OFFICERS,
EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, AGENTS, AFFILIATES, SUBSIDIARIES,
SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM
(i) THE USE OR INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS, DATA, HARD-DRIVE OR SERVER; (iv) STATEMENTS OR CONDUCT OF
ANY THIRD PARTIES ON THE WEBSITE; OR ANY OTHER MATTER RELATING TO THE WEBSITE,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE
THEORY, AND WHETHER OR NOT XLC IS OR HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
Some states do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not apply to
you.
USER SUBMISSIONS
Any communication which you post to the website is considered to be
non-confidential and in the public domain. By posting communications to the
website, you automatically grant XLC a royalty-free, perpetual, irrevocable,
worldwide, non-exclusive license to use, reproduce, modify, publish, edit,
translate, distribute, perform, and display the communication alone or as part
of other works in any form, media, or technology whether now known or hereafter
developed, and to sublicense such rights through multiple tiers of
sublicensees.
As a user of this website, you are responsible for your own communications and
are responsible for the consequences of their posting. You agree not to do any
of the following: (i) post material that is copyrighted, unless you are the
copyright owner or have the permission of the copyright owner to post it; (ii)
post material that reveals trade secrets, unless you own them or have the
permission of the owner; (iii) post material that infringes on any other
intellectual property rights of others or on the privacy or publicity rights of
others; (iv) post material that is obscene, defamatory, threatening, harassing,
abusive, hateful, or embarrassing to another user or any other person or
entity; (v) post a sexually explicit image; (vi) post advertisements or
solicitations of business; (vii) post chain letters or pyramid schemes; (viii)
impersonate another person; or (ix) post or transmit any information, software
or other material which contains a virus or other harmful component.
XLC does not represent or guarantee the truthfulness, accuracy, or reliability
of any communications posted by other users or endorse any opinions expressed
by you or any other users. You acknowledge that any reliance on material posted
by other users will be at your own risk.
XLC does not screen communications in advance and is not responsible for
screening or monitoring material posted by you or other users. If notified by a
user of communications which allegedly do not conform to these Terms and
Conditions, XLC may investigate the allegation and determine in good faith and
its sole discretion whether to remove or request the removal of the
communication. XLC has no liability or responsibility to users for performance
or nonperformance of such activities. XLC reserves the right to expel users and
prevent their further access to this website for violating these Terms and
Conditions or the law and the right to remove communications which, in the sole
discretion of XLC, are abusive, illegal, disruptive or create liability.
LINKS TO OTHER SITES
This website may contain links to websites of XLC's business partners. XLC is
not responsible for the content of their websites or the actions of the
owners/operators of the websites. XLC does not make any representations
regarding the content or accuracy of materials on such third party websites. If
you decide to access linked third party websites, you do so at your own risk.
XLC shall not, however, be a party to any contract entered into by you, the
user, and any third party as a result of contact with the websites linked from
this website, and thereby does not in any way guarantee the performance of any
third party under any contract. You hereby release XLC and its affiliates from
any damages that you incur, and agree not to assert any claims against XLC,
arising from your use of these third party products or services, or the breach
of any third party contract.
INFORMATION PROVIDED BY THIRD PARTIES
This website contains information, statistics, and other content independently
provided by third parties. The Material on this website is provided for
informational, entertainment, and/or educational purposes only. XLC makes no
representation or warranty regarding the accuracy, completeness, or
applicability of any of this content obtained from third party sources, and
does not endorse or in any way advocate the methods of calculation of any of
this information by the respective independent third party sources. All such
content is deemed reliable but is not guaranteed by XLC and should be
independently verified, in some cases, by the appropriate professional. Many of
the entities, groups, organizations, commissions, services and businesses
referenced on this website have their own websites that contain their own Legal
Notices and Disclaimers. In each case, and to the extent that both are
consistent in their terms and conditions, those Legal Notices and Disclaimers
are incorporated fully herein
LINKING TO THIS WEBSITE
You may provide links to this website provided that: (i) you link only to the
front page of this website, http://www.XLCServices.com/; (ii) you do not remove,
alter, obscure or in any way eliminate the copyright notice, or other notices
on this website; and (iii) you discontinue providing a link to this website if
instructed to do so by XLC or one of its representatives.
USE OF IMAGES
Images of people or places displayed on this site are either the property of,
or used with permission or under license by XLC. The use of these images by
you, or anyone else authorized by you, is prohibited. Any unauthorized use of
the images may violate copyright laws, trademark laws, the laws of privacy and
publicity, and communications regulations and statutes.
INDEMNITY
You agree to defend, indemnify, and hold harmless XLC, its officers, directors,
employees, agents and affiliates, from and against any claims, actions or
demands, including without limitation reasonable legal and accounting fees,
resulting from your use or misuse of the Material or your breach of these Terms
and Conditions. XLC shall provide notice to you promptly of any such claim,
suit, or proceeding and shall assist you, at your expense, in defending any
such claim, suit or proceeding.
MISCELLANEOUS
XLC makes no claim that the Material or content found on this website is
appropriate or may be legally viewed or downloaded outside of the United States. If you access this
website from outside of the United States, you do so at your own
risk and are responsible for compliance with the law of your jurisdiction.
These Terms and Conditions shall be governed by and construed in accordance
with the laws of the State of Ohio, without regard to
principles of conflicts of law. Any dispute arising hereunder shall be
adjudicated in either the Hamilton County Court of Common Pleas or the United
States District Court for the Southern District of Ohio. By using this website,
you consent to such courts' exercise of personal jurisdiction over you. If any
provision of these Terms and Conditions shall be determined to be unlawful,
void, or for any reason unenforceable, then the applicable provision shall be
deemed severable from this agreement and shall not affect the validity and enforceability
of any remaining provisions. This is the entire agreement between you, the user
of this website, and XLC relating to the subject matter herein, and shall not
be modified except in a writing signed by both parties. This agreement shall
inure to the benefit of all successors and assigns of XLC.
I have read and understood the contents of the XLC Terms and
Conditions document verified by my continued use of this web site.
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