Terms & Conditions
USER TERMS AND CONDITIONS
This page states the "Terms and Conditions" under which you may use XCUTIVES .COM ("Web Site", "XCUTiVES Inc. Web Site" or "XCUTiVES Inc. Site"). Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this web site and service. By using this web site, you are indicating your acceptance to be bound by the terms of these Terms and Conditions. XCUTiVES Inc. Inc. ("XCUTiVES Inc." or "the Company") may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this web site for any reason.
Use of Web Site Content
The Company authorizes you to view and access a single copy of the content available on or from the XCUTiVES Inc. Web Site solely for your personal, noncommercial use.
The contents of this Web Site, and of all other websites under the Company's control, such as text, graphics, images, logos, button icons, software and other Web Site content (collectively, "Web Site Content"), are protected under both United States and foreign copyright, trademark and other laws. All Web Site Content is the property of the Company or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on this Web Site is the exclusive property of the Company and protected by U.S. and international copyright laws. Unauthorized use of the Web Site Content may violate copyright, trademark, and other laws. You may not sell or modify the Web Site Content or reproduce, display, publicly perform, distribute, or otherwise use the Web Site Content in any way for any public or commercial purpose. The use of the Web Site Content on any other web site or in a networked computer environment for any purpose is prohibited.
XCUTiVES Inc. Web Site Security Rules
Users are prohibited from violating or attempting to violate the security of the XCUTiVES Inc. Site, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any XCUTiVES Inc. Site, overloading, "flooding", "spamming", "mailbombing" or "crashing", or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Specific Prohibited Uses
XCUTiVES Inc. Web Sites may be used only for lawful purposes by individuals seeking employment and career information. The Company specifically prohibits any use of the Web Site, and all users agree not to use the Web Site, for any of the following:
Posting any incomplete, false or inaccurate biographical information or information which is not your own accurate resume (living individual seeking employment on a full-time or part-time basis on his or her own behalf).
Deleting or revising any material posted by any other person or entity.
Using any device, software or routine to interfere or attempt to interfere with the proper working of any XCUTiVES Inc. Site or any activity being conducted on this site.
Aggregating, copying or duplicating in any manner any of the Web Site Content or information available from any XCUTiVES Inc. Site.
Framing of or linking to any of the Web Site Content or information available from any XCUTiVES Inc. Site.
PRIVACY POLICYXCUTiVES Inc. is committed to protecting the privacy of personal data collected at this Web Site. The Privacy Policy summarizes the policies of this site regarding the collection, use and transfer of personal data and regarding security measures XCUTiVES Inc. employs to protect such personal data and should be reviewed carefully. Nevertheless, by using this site, visitors agree to the terms and conditions of this Privacy Policy. We reserve the right to change this Policy at any time by posting a new policy at this location.
THE COMPANY'S LIABILITY
We expect that you will use caution and common sense when using this XCUTiVES Inc. Web Site. The Web Site Content may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of any XCUTiVES Inc. Site or the Web Site Content. The use of XCUTiVES Inc. Sites and the Web Site Content is at your own risk. Changes are periodically made to XCUTiVES Inc. Sites and may be made at any time.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume or material contained therein placed by you on the XCUTiVES Inc. Sites. The Company is not to be considered to be an employer with respect to your use of any XCUTiVES Inc. Site.
THE COMPANY DOES NOT WARRANT THAT ANY XCUTIVES INC. SITE WILL OPERATE ERROR-FREE OR THAT ANY XCUTIVES INC. SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY XCUTIVES INC. SITE OR THE WEB SITE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE XCUTIVES INC. SITES AND WEB SITE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEB SITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Disclaimer of Consequential Damages
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY XCUTIVES INC. SITE AND THE WEB SITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY
XCUTIVES INC.'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY XCUTIVES INC. SITE OR YOUR USE OF THE WEB SITE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
Termination
The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from this Web Site and/or termination of any service provided to You by the Company, upon any breach by You of these Terms and Conditions or if the Company is unable to verify or authenticate any information You submit to the Web Site.
Indemnity
You agree to defend, indemnify, and hold harmless the Company, its licensees, and their officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any material You provide to a XCUTiVES Inc. Site, (ii) any Web Site Content that You use or (iii) your breach of the terms of these Terms and Conditions. The Company 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.
General
The Company makes no claims that the Web Site Content may be lawfully viewed or accessed outside of the United States. Access to the Web Site Content may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, You do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and conditions are governed by the internal substantive laws of the New York, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within New York, New York. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the Web Site, a particular "Legal Notice," or Software License or material on particular Web pages, these Terms and Conditions constitute the entire agreement between you and the Company with respect to the use of Web Site. No changes to these Terms and Conditions shall be made except by a revised posting on this page.