Terms & Conditions

 

for use of XLC Services LLC Web Site 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: dfurey@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.