Terms and Conditions
The Company may revise these Terms and Conditions at any time by updating this page. Please check back frequently to review the Terms and Conditions as it is your sole responsibility to be aware of changes. We do not provide notices of changes in any manner other than by posting the changes at this Website.
The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this Website for any reason. You hereby warrant and represent that You are at least eighteen (18) years of age and have the legal capacity to enter into agreements of this nature. The Company makes no representation or warranty that the content published on this site complies with the local laws of Your jurisdiction. You are solely responsible for knowing and understanding Your local laws concerning standards of content legality. You further represent and warrant that You understand the nature of the content published on this site, namely, information about employment opportunities, and that You voluntarily and knowingly choose to view such material. Should You be unable to affirmatively make the representations and warranties contained herein, do NOT use this Service or this Website.
This is a legal agreement which describes the Terms and Conditions applicable to Your use of the Websites and the products and services provided through or in connection with the Websites (collectively "Service"), which may be updated by the Company from time to time without notice to You.
The Company makes every effort to contact each employer prior to giving the employer an account and to verify that the employer is offering legitimate positions. While the Company makes every effort to only list jobs which employers may want those in the community to know about, we are not responsible for the accuracy of our jobs and/or the contact information for those jobs and any consequences to our users that may follow from them applying to given jobs listed on the Company website. The inclusion of links on this site does not constitute an endorsement of the employer or a guarantee that a job even exists with a given employer. The Company assumes no liability whatsoever for the quality or legality of the jobs posted on its site, or whether or not employers are actually able to hire a candidate in response to a given job listing. Furthermore, the Company does not censor any position offered including, but not limited to, the identity of the employer.
Information collected by the Company is limited to information that is applicable to employers seeking qualified job applicants. The Company does not request or collect personal information such as social security numbers, checking account numbers, or credit card numbers and advises visitors and Users of its Websites not to share such information with unknown Internet sites or individuals and to refrain from including any such information in a resume or job application.
1. Use of Material. The contents of the Websites, such as text, graphics, images, logos, button icons, software and other content (the "Material"), are protected by applicable intellectual property and other laws. All Material is the property of the Company or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the Websites is the exclusive property of the Company and are copyrights, trademarks, service marks, patents or other proprietary rights of the Company or their respective intellectual property owners. Unauthorized use of the Material may violate copyright, trademark and other laws. You must retain all copyright, trademark, service mark, and other proprietary notices contained in the original Material on any copy (permitted or not permitted) You make of any of the Material. Except as expressly authorized by the Company, You agree not to modify, copy, reproduce, sell, display, distribute, or create derivative works based on or contained within the Service or the Company's Material, in whole or in part. The use of the Material on any other Website or in a networked computer environment for any purpose is prohibited.
The Company grants You a personal, non-transferable and non-exclusive right and license to use the Material on a single computer; provided that You do not copy, modify, create a derivative work of, reserve engineer, decompile, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Material. You agree not to modify the Material in any manner or form, or to use modified versions of the Material, including, without limitation, for the purpose of obtaining unauthorized access to the Service by any means other than through the interface that is provided by the Company for use in accessing the Service.
The Company reserves the right to terminate the accounts of Users who violate this Agreement.
The Company and all of its affiliated companies respect the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorized reproduction, copying, distribution, modification, public display or public performance of trademarked or copyrighted works constitutes infringement of the owner's rights. As a condition to Your use of the Websites, You agree not to use the Websites to infringe upon the intellectual property rights of others in any way. The Company will assist the respective owners of the various intellectual properties in order that they may protect their rights to the fullest extent of both domestic and international law. We reserve the right to take these actions at any time, in our sole discretion, with or without notice and without any liability to any User.
2. Acceptable Site Use. The Websites may be used only for lawful purposes by individuals seeking to find out more information or purchase the various products offered on the Websites.
3. Prohibited Uses of the Websites. Users may not use or reference the Company's Websites in order to transmit, distribute, store or destroy material in violation of any applicable law or regulation, in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or that is defamatory, obscene, threatening, abusive or hateful.
Users are prohibited from:
- accessing data not intended for such User or logging into a server or account which the User is not authorized to access;
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Websites, overloading, "flooding," "spamming," "mailbombing" or "crashing";
- sending unsolicited email, including promotions and/or advertising of products or services;
- forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting;
- using any device, software or routine to interfere or attempt to interfere with the proper working of the Websites or any activity being conducted on the Websites;
- taking any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure;
- (using or attempting to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars and intelligent agents) to navigate or search the Websites other than the search engine and search agents available from the Company on the Websites as well as generally available third-party Web browsers;
- attempting to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Websites;
- aggregating, copying or duplicating in any manner any of the materials or information available from the Websites;
- framing of or linking to any of the materials or information available from the Websites unless authorized to do so;
- providing false information of any kind.
The Company reserves the right to terminate the accounts of Users found to be engaging in any of these prohibited uses. Violations of this Agreement may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and will cooperate with law enforcement authorities in prosecuting Users who are involved in such violations.
4. User Information. When You contact the Company, You may be asked to provide the Company with certain personal information including, without limitation, a valid email address, physical address, phone number, and employment history ("Personal Information"). Please review the Privacy Policies found on the Websites to understand how the Company uses Your Personal Information.
5. VIP Concierge Service Beta Phase Terms and Conditions
Company, through employees, independent contractors, marketing & service partners or its development of a network of independent providers offers a concierge service assisting users in completing career related activities including, but not limited to, the following: i-identifying appropriate job openings; ii-effectively applying for openings identified through Xpand Labs or any other sources; iii-gaining skills and training required to qualify for job openings; iv-evaluating offers and negotiating income, hours benefits and perks; v-selecting needed transition services such as transitory insurance or relocation.
Specific services including, but not limited to, the procurement, development or creation of career activity designated email addresses, DID or VOIP numbers, social media and career related website profiles hereinafter referred to in whole or in part as "accounts", but shall provide the concierge service client's actual information as provided to Xpand Labs in all other areas. Additional services include resume writing, maintaining social media profiles, completing online forms and applications, initiating or responding to electronic communications, (during which all information used will be Concierge service Client's actual information as provided by client to Xpand Labs) acting as a disclosed agent or as a concealed invisible stand-in – when appropriate – on the behalf of the user through utilization of proprietary and non-proprietary fully or partially automated technology hereinafter referred to in whole or in part as "services".
User can monitor activity in accounts and services provided by online access or may elect to receive electronic notifications. Company additionally provides user with the ability to set the frequency and form of notifications. Receiving notifications is not a requirement to receive VIP concierge service.
User may request that company, at its discretion, either i- provide user control of account(s), ii-remove any information associating user to the account(s), or terminate the account(s). Company shall comply with any such user request within thirty (30) business days; seven (7) business days in the event of an expedited request.
The VIP Concierge service is currently in a beta phase and offered in whole or in part to a limited amount of users. As a beta the service and all related costs are provided at no cost to the user. Beta users do not have any obligation to continue service should the company begin charging a fee for the service.
6. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY. THE MATERIAL, SERVICE, AND INFORMATION FOUND ON THIS SITE ARE PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURANCY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION: WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT AND WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE.
THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
7. DISCLAIMER OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE COMPANY'S SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (e) ANY OTHER MATTER RELATING TO THE SERVICE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, ACT OF GOD/ACT OF NATURE, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
THE COMPANY DOES NOT RENDER LEGAL OR FINANCIAL ADVICE. THE COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY, LOSS OR RISK INCURRED DIRECTLY OR INDIRECTLY BY THE USE OF THE WEBSITES, MATERIAL, AND SERVICE. IF YOU NEED LEGAL OR FINANCIAL ADVICE, PLEASE CONTACT QUALIFIED PROFESSIONALS IN YOUR AREA.
THE COMPANY IS NOT INVOLVED WITH ANY DECISION-MAKING OR OFFERS MADE FROM COMPANIES OTHER THAN ITS OWN. THE COMPANY DOES NOT GUARANTEE THAT YOUR USE OF THE WEBSITES WILL RESULT IN EMPLOYMENT.
8. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Links to Other Sites. The Websites contain links to third-party websites. The Company provides these links as part of its service but does not endorse any of these sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content, security 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.
10. No Resale or Unauthorized Commercial Use. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to the Websites, Service or Material.
11. Termination. The Company reserves the right, at its sole discretion, to pursue all of its legal remedies upon any breach by a User of this Agreement or if the Company is unable to verify or authenticate any information a User submits to the Websites.
12. Indemnity. You agree to indemnify and hold the Company, its subsidiaries, affiliates, agents, shareholders, officers, contractors, vendors and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your use of the Service or Material, the violation of the Agreement by You, or the infringement by You, or any other user of the Service or Material using Your computer, of any intellectual property or other right of any person or entity. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You.
13. Reserved Right of Refusal. The Company, in its sole discretion, reserves the right to refuse fulfillment of Your order, or refuse You any involvement with the Service or Material, or to delete Your assigned User name and password if You breach any of the terms of this Agreement.
14. Modifications to Terms and Conditions. The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service or Material (or any part thereof) with or without notice. You agree that the Company shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service or any Material.
15. Email Policy. If You receive an email from the Company, its affiliates, advertisers, service providers, or other third parties, Your email address was obtained as a result of either Your express and voluntarily request to receive information from the Company, its affiliates, advertisers service providers, or other third parties or Your existing relationship with the Company, its affiliates, advertisers, service providers, or other third parties. Each email sent contains an automated method to "opt out" of receiving additional emails from the Company or its affiliates. If You no longer wish to receive emails from the Company or its affiliates, please follow the instructions at the end of any email. If You remove Your information from the Company's database, it will no longer be used by us for secondary purposes, disclosed to third parties, or used by us or third parties to send promotional correspondence to You.
16. Detailed Wireless Policy. Data obtained from You in connection with this SMS service may include Your name, address, cell phone number, Your provider's name, and the date, time, and content of Your messages. In addition to any fee of which You are notified, Your provider's standard messaging rates apply to our confirmation and all subsequent SMS correspondence. All charges are billed by and payable to Your mobile service provider. We will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from Your network operator. SMS message services are provided on an "AS IS" basis. You may opt-out and remove Your SMS information by sending "STOP", "END", or "QUIT" to the SMS text message You have received. If You remove Your SMS information from our database, it will no longer be used by us for secondary purposes, disclosed to third parties, or used by us or third parties to send promotional correspondence to You. You may also send an email to: email@example.com with Your wireless number and the words "Stop", "Quit", or "End" in the body to be removed.
17. Your Account. If You use this site, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password.
18. Fraud or Abuse. Fraudulent or abusive practices such as repeatedly falsely reporting broken links or expired jobs may result not only in cancellation of Your account, but also in actions by the Company for recovery of civil damages as well as referral for criminal prosecution.
19. Entire Agreement. These Terms and Conditions constitute the entire agreement between You and the Company and govern Your use of the Services and Materials, superseding any prior version of this Terms and Conditions between You and the Company. You also may be subject to additional terms and conditions that may apply when You use or purchase certain other Company services, affiliate services, third-party content or third-party software.
20. Choice of Law and Forum. This Agreement and the relationship between the parties will be exclusively governed by and interpreted in accordance with the laws of the State of Florida, without regard to the conflicts of laws principles thereof. The parties agree that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to this Agreement, or the relationship between You and the Company shall be brought exclusively in the courts located in Orange County Florida or the U.S. District Court for the Middle District of Florida. You agree to submit to the personal jurisdiction of the courts located within Orange County Florida or the Middle District of Florida, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
THE PARTIES AGREE THAT THIS AGREEMENT HAS BEEN ENTERED INTO AT THE COMPANY'S PLACE OF BUSINESS IN ORLANDO, FLORIDA AND ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE COMMENCED AND TAKE PLACE IN ORANGE COUNTY FLORIDA.
21. Captions. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
22. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, Materials, or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
23. Waiver and Severability of Terms. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
This policy describes the information collection, use, and dissemination practices of the Company and applies to the Company's collection, use, storage and disclosure of information by the Company on its Websites, including all its divisions, subsidiaries and related companies (collectively, the "Websites"), on various third party websites, and to the Company's other information collection. The Company is not responsible for the information collection or privacy practices of third party websites or applications. This policy does not apply to the practices of companies that the Company does not own or control or to people that the Company does not employ or manage.
Collection and Use of Your Information
The Company collects personal information when you register with the Company, when you use the Company's products or services, when you visit the Company's pages or the pages of certain of the Company's partners. The Company may combine information about you that we have with information we obtain from business partners or other companies.
When you register we ask for information such as your name, email address, physical address, and telephone number(s). When you register with the Company and sign in to our services, you are not anonymous to us.
The Company automatically receives and records information from your computer and browser, including your IP address, cookie information, software and hardware attributes, and the page you request.
The aforementioned information may be made available to the Company's clients, affiliates, advertisers, service providers, and other third parties that provide products or services for or through this website or for our business. The Company's clients, affiliates, advertisers, service providers, and other third parties may also disclose such information to third parties they retain to provide products or services based on their own terms of service agreements.
We may use third parties to help operate our website and deliver products and services, and may share your personal information with our clients' affiliates, advertisers, service providers, and other third parties (such as Website or database hosting companies, address list hosting companies, email service providers, analytics companies, distribution companies, fulfillment companies, payment services, and other similar service providers that use such information on our behalf). Unless otherwise stated, these companies do not have any right to use the personal information we provide to them beyond what is necessary for them to assist us in providing you with products or services requested of us or our affiliates by you. When you conduct e-commerce with one of the e-commerce affiliates or service providers to which the website may be linked, certain personal information such as your email and home address may be collected by the service provider's server and made available to us.
By using the Websites and participating in an interview with a Company Specialist you are consenting that the recording of the interview may be shared as follows: with any prospective employer upon the employer's request; among the Company's staff for evaluation of quality and service; and with our clients, affiliates, advertisers, service providers, potential employers and other third parties that provide products or services for us or by us for them. You will be given the opportunity to object to the sharing of this recording with our clients, affiliates, advertisers, service providers, and other third parties that provide products or services for us or by us for them. If a request is made of the Company to share the recording, the Company will send an email message to the email address you have provided. You shall have 72 hours to object to the request. If, after 72 hours, you have not objected to the requested disclosure, the Company will release the recording.
By speaking with an Education Advisor or Academic Guide you are agreeing to any properly obtained recording being shared with school(s) and agents of said school(s) which you consent to be transferred to or contacted by.
The Company only releases your information to third parties for the purposes listed above, except where required by law.
You should be aware, however, that when you choose to display or distribute personal information such as your email address or resume via the Websites or any other distribution method, that information can be collected and used by others. This may result in unsolicited messages from third parties for which the Company is not responsible.
You should take measures to protect your personal information when distributing resumes via the Websites, or any other channels unrelated to the Company, for that matter. Best practices include never giving your social security number to a prospective employer. Employers only need that information after they have hired you. Never provide credit card or bank numbers or engage in a monetary transaction of any sort with prospective employers. Be cautious when dealing with contacts outside of your own country. Do not provide any non-work related personal information (i.e. social security number, date of birth, eye color, marital status, etc.) over the phone or online.
Security is a priority at the Company. Appropriate measures are taken to protect the confidentiality, integrity, and availability of information about our members, providers, employers, brokers, and anyone else that may want to use our Website.
Only authorized users are allowed to access the information. The Company enforces a high level of protection, i.e., 128-bit Secure Socket Layer (SSL) encryption, for securing transmissions between a user's browser and this Website. Content on this site is protected against unauthorized access.
Email sent over the Internet is not secure and should not be used to communicate confidential information to the Company. Please be aware that the Company cannot guarantee the confidentiality or security of any information you send to us over the Internet when using email. The Company shall not be liable for any breach of confidentiality resulting from such use of email via the Internet. The Company will not use email to communicate confidential information unless the email is secured in accordance with the Company Corporate Email Policy.
Email Anti-Spam Policy:
The Company does not send unsolicited commercial email through our systems. If you believe you have received an unsolicited commercial email from the Company on behalf of any of our advertisers, please send an email (with the reported unsolicited commercial email included or attached with the 'full header') to: firstname.lastname@example.org.
To unsubscribe from the Company's email lists, a person must send an email to email@example.com. Our unsubscribe process impacts only the future delivery of electronic mailings disseminated by the Company on its own behalf. You may still receive electronic mailings sent on behalf of third parties and your personal information may still be shared with third parties for use in offline marketing and data appends, including email appends.
Unsubscribing from our electronic mailings will not automatically unsubscribe the information from third parties. Since third parties maintain separate databases from us you will need to unsubscribe from each source individually, if desired. This allows you the freedom to pick and choose which subscriptions to maintain and which to discontinue.
Your California Privacy Rights
California Civil Code Section 1798.83 permits our visitors who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org. In accordance with California Civil Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints with California Department of Consumer Affairs, 400 R Street, Suite 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to email@example.com.
No Information Collected from Children.
The Company will never knowingly collect any personal information about children under the age of 18. If we obtain actual knowledge that we have collected personal information about a child under the age of 18, that information will be immediately deleted from our database. Because it does not collect such information, the Company has no such information to use or to disclose to third parties. The Company has designed this policy in order to comply with the Children's Online Privacy Protection Act ("COPPA").
Third Party Advertising
Ads appearing on this Website may be delivered to users by the Company, or one of our Web advertising partners. Our Web advertising partners may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement. In this way, ad servers may compile information about where you, or others who are using your computer, saw their advertisements and determine which ads are clicked on. This information allows an ad network to deliver targeted advertisements they believe will be of most interest to you.