TERMS OF SERVICE
Last updated: 9/23/19
Please read these Terms and Conditions (“Terms”) carefully before using the https://www.xcpcnl.com/ website and the XCPCNL mobile application (collectively the “Service”), operated by XCPCNL Staffing Group (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. You must be at least 18 years of age to use the Service. By using the Service and by agreeing to the Terms you warrant and represent that you are at least 18 years of age.
The website and mobile applications provide information about job opportunities, staffing services and human resource services provided by XCPCNL Staffing Group. All content and information made available through this Service is the sole property of XCPCNL Staffing Group. Subject to these Terms, XCPCNL grants each user of the Service a worldwide, non-exclusive, non-sub-licensable and non-transferable license to use the content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any content for other than personal, non-commercial use is expressly prohibited without prior written permission from XCPCNL, or from the copyright holder identified in such content’s copyright notice, as applicable. You shall not sell, license, rent, or otherwise use or exploit any content for commercial (whether or not for profit) use or in any way that violates any third party right.
You must not:
- republish content from the Service (including republication on another website),
- sell, rent or sub-license material from the Service;
- show any material from the Service in public;
- reproduce, duplicate, copy or otherwise exploit material on this Service for a commercial purpose;
- edit or otherwise modify any material on or in the Service; or
- redistribute material from the Servce except for content specifically and expressly made available for redistribution.
In these terms and conditions, “your user content” means any material that you submit to the Service, for whatever purpose. You hereby grant to us an irrevocable, royalty-free, worldwide, assignable, sub-licensable licence to use any material which you submit to us or the Service for the purpose of use on the Service or by XCPCNL Staffing Group.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or XCPCNL or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
XCPCNL reserves the right to edit or remove any material submitted to the Service, or stored on XCPCNL’s servers, or hosted or published upon the Service.
You must not use the Service in any way that causes, or may cause, damage to the Service or impairment of the availability or accessibility of the Service; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not access without authority, interfere with, damage or disrupt any part of the Service, any equipment or network on which the Service is stored, or any software used in the provision of the Service.
You must not use the Service to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Service without XCPCNL’s express written consent.
You must not use the Service to transmit or send unsolicited commercial communications.
You must not use the Service for any purposes related to marketing without XCPCNL’s express written consent.
Links To Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by XCPCNL Staffing Group.
XCPCNL Staffing Group has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that XCPCNL Staffing Group shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
All linking to the Service must be approved with the expressed written consent of an authorized XCPCNL Staffing Group representative. Unauthorized linking to this website is strictly prohibited by XCPCNL Staffing Group.
LIMITATION OF LIABILITY
YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SERVICE. THE SERVICE IS AVAILABLE “AS IS,” AND “AS AVAILABLE”. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE SITE AND MOBILE APPLICATION, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE DETECTED OR CORRECTED. WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY COMPUTER VIRUSES, BUGS, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS, OR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF THE INFORMATION DISCLOSED OR ACCESSED THROUGH THE SERVICE. WE HAVE NO DUTY TO UPDATE OR MODIFY THE SERVICE AND WE ARE NOT LIABLE FOR OUR FAILURE TO DO SO. IN NO EVENT, UNDER NO LEGAL OR EQUITABLE THEORY (WHETHER TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE), SHALL WE OR ANY OF OUR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR AFFILIATES, BE LIABLE HEREUNDER OR OTHERWISE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM THE SERVICE, THE USE OF THE SERVICE OR OUR AGREEMENT WITH YOU CONCERNING THE SERVICE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, LOST ANTICIPATED PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF WE ARE HELD LIABLE TO YOU IN A COURT OF COMPETENT JURISDICTION FOR ANY REASON, IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED DOLLARS (US$100.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY LIMITATION ON REMEDIES, DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL REMAIN ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS AVAILABLE UNDER THIS AGREEMENT, AT LAW AND/OR IN EQUITY.
We do not guarantee that the Service (1) will be uninterrupted (2) will be free of inaccuracies, viruses, defects (3) meet your expectations (4) will operate with your hardware or software system. You assume all risk in the use of the Service and its offerings.
While our intention is always to provide accurate and timely information, we reserve the right, at our sole discretion, to modify or replace these Terms at any time. What constitutes a material change will be determined at our sole discretion.
Arbitration of Disputes
Any dispute relating in any way to your use of any Service or any privacy-related issues shall be submitted to confidential arbitration in Dallas, Texas, United States of America.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, excluding its conflicts of law rules, and the United States of America. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the District of Texas.
These Terms are the entire agreement between you and XCPCNL with respect to the Service and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and XCPCNL with respect to the Service. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with XCPCNL’s prior written consent. XCPCNL may freely assign, transfer or delegate any of its rights and obligations hereunder without consent.
If you have any questions about these Terms, please contact us at:
13601 PRESTON ROAD #900 E
DALLAS TX 75240