Applicability and Acceptance of Terms and Conditions of Use

Except as otherwise set forth herein, these General Terms and Conditions of Use (“Terms and Conditions”) govern your use of the The Xela Group, Inc. (“Xela”) web site. By accessing and using the Xela web site, you acknowledge that you have read and agree to these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, then you should exit and may not use this site. If you violate these Terms and Conditions, then Xela may temporarily suspend or permanently terminate our services to you, remove any material, which Xela believes in its sole discretion is inaccurate or offending, or violates these Terms and Conditions, restrict your access to the Xela web site or services, or take any other action Xela, in its sole discretion, deems appropriate.

These Terms and Conditions do not govern services available from Xela (even those services that may be ordered or provided by Xela through this web site) to the extent that any specific terms and conditions apply to such services.  Those services are instead governed by the specific agreements, policies, instructions, statements and regulations relating to such services, and such governing documents will control in the event of a conflict with these Terms and Conditions, or any material contained on this web site.

Revisions to Terms and Conditions

Please refer to these Terms and Conditions regularly. Xela may at any time and without prior notice revise these Terms and Conditions by updating this posting. Your continued use of this site following posting of changes to these Terms and Conditions signifies that you accept these changes.

Web Site Content

1. Copyright.  All information, data, graphics, logos, trademarks (as further described below), messages, photographs, the HTML code that Xela outsources to generate the web site, or other materials (collectively, “Content”) included on this site is the property of Xela or content providers of Xela and is protected by copyright law.  You may not produce, publish, transmit, distribute, display, modify, create derivative works from, or exploit in any way, in whole or in part, any of Content of this site or any related software without the prior written consent of Xela, its content providers or as authorized under these Terms and Conditions.  However, you may print or download a copy of the Content for your personal use as long as you keep intact all copyright and other proprietary notices.
2. Trademarks.  The name “The Xela Group” and the graphics and logos displayed on this web site are the property of or have been licensed by Xela and may not be used without the prior written permission of Xela.  Xela does not permit the use of its name, graphics or logos in advertising, as an endorsement for any product or service, or for any other commercial purpose without Xela’s prior written approval.
3. Disclaimer.  THIS WEB SITE INCLUDES CONTENT AND INFORMATION THAT IS SUBJECT TO CHANGE WITHOUT NOTICE.  WHILE XELA DESIRES THAT THE CONTENT AND INFORMATION ON THIS WEB SITE BE UP-TO-DATE AND ACCURATE, IT IS YOUR SOLE RESPONSIBILITY TO CONFIRM THE ACCURACY, COMPLETENESS OR RELIABILITY OF SUCH CONTENT AND INFORMATION.  XELA DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OF THE CONTENT OR INFORMATION ON THIS WEB SITE OR THE ACCURACY OR RELIABILITY OF SUCH CONTENT OR INFORMATION.

Copyright Infringement

In accordance with the Digital Millennium Copyright Act (“DMCA”), Pub. L. 105-304, Xela has designated the following individual to receive notification of alleged copyright infringement on the web site:

Tom Messick
The Xela Group
1818 Library Street
Suite 500
Reston, Virginia 20190

Tel: 703-213-5419


A claim of copyright infringement must be submitted in writing via either a physical or electronic medium and contain the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.  
4. Information sufficient to allow the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address.
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Information Privacy and Security

Except as otherwise provided in this Agreement, Xela takes steps to preserve the privacy of personal information you submit over our web site.   Please review the Xela Group General Web Site Privacy Policy for more information about how Xela handles personal information.  However, the security of the Internet cannot be guaranteed and therefore Xela cannot assure your privacy.  Xela is not responsible for any unauthorized access to communications that you submit over the Internet. 

Registration and Passwords

To help secure the privacy of personal information, we designed a password protected system for uses of our services.  Except as specifically permitted by this privacy policy or other instructions regarding the use of our web site or services you may not, and will ensure that you do not, lend, give, or otherwise disclose any passwords to any unauthorized person, or permit any unauthorized person to use your accounts, related passwords or user identifications.  Any loss of control of passwords or user identifications may result in the loss of control of your account or personal information.  You will be responsible for any actions taken on your behalf or any person using your passwords or user identifications.  If passwords or user identifications have been compromised for any reason, then you should immediately notify us so that we may issue new passwords or user identifications at info@thexelagroup.com.  

Feedback

Any comments or materials sent to Xela regarding any content or information found on the web site, including, without limitation, feedback, data, questions, comments or suggestions (collectively “Feedback”), will not be treated as confidential and will become the property of Xela.  Xela has no obligation of any kind with respect to such Feedback and will be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback.  By submission of any Feedback to Xela, you assign to Xela and Xela shall exclusively own all now known or hereafter existing rights to such Feedback of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Feedback.

Links

Xela may, from time to time, provide links to other outside web sites.  Xela has not reviewed and is not responsible for such linked web sites or the content of any of the linked web sites.  Xela provides these links as an additional resource for its web site users and makes no representations regarding the content of any linked web site or any companies that own, control or manage the linked web sites.  Consequently, Xela cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in, programs used by, or services or products offered by, web sites linked to from this web site.

Acceptable Web Site Uses

You may access the web site to browse and to use Xela’s services for only lawful purposes including, but not limited to, gathering information about Xela and our services, seeking employment and career information, and purchasing merchandise from the on-line store.  You may not use or allow others to use the web site or Xela’s services for any unlawful purposes or engage in any activity that harms Xela or impairs any other users’ use or enjoyment of the web site or services subject to the sole discretion of Xela that may include the following:

1. posting or submitting deceptive, misleading, incomplete, false or inaccurate information with respect to your or other person or entity’s profile, resume or other employment information;
2. transmitting or distributing obscene, indecent, profane, pornographic, threatening, harassing, libel, defamatory or otherwise unlawful or objectionable information of any kind;
3. revising any material or information posted or submitted by another or sharing your passwords, user identifications or allowing others access to non-public areas of web site or any other unauthorized purpose; or
4. violating or attempting to violate Xela’s web site security, including, but not limited to, accessing data not intended for you, sending unsolicited email or attempting to interfere with the web site.

Xela reserves the right to expel users and prevent their further access to the web site for violating these terms or the law and reserves the right to remove any communication from the website.  The violation of any of the terms and conditions set forth in these Terms and Conditions shall result in the immediate revocation of your license to use the web site and the Content and obligates you to immediately destroy any copies of the Content in your possession.

WARRANTY DISCLAIMER

THIS WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, CONTENT AND SERVICES MADE AVAILABLE ON THIS WEB SITE, IS PROVIDED “AS IS.”  XELA AND ITS EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER REGARDING THE CONTENT OR SERVICES OF THIS WEB SITE, OR HYPERTEXT LINKS TO OTHER OUTSIDE WEB SITES.  XELA AND ITS EMPLOYEES AND AGENTS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, WARRANTIES RELATED TO ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE, AND IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  MOREOVER, XELA DOES NOT REPRESENT OR WARRANT THAT YOUR ACCESS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE AND MATERIAL ACCESSIBLE FROM THIS WEB SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

LIMITATION OF LIABILITY

XELA WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR PERFORMANCE OF, OR THE INABILITY TO USE, THE XELA WEB SITE OR INFORMATION OR FUNCTIONS ON SUCH SITE, EVEN IF XELA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL XELA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEB SITE.

Indemnification

You hereby agree to defend, indemnify and hold harmless Xela and its directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of your use of this web site.

General 

These Terms and Conditions and all information on this web site are governed by and will be construed in accordance with the laws of the State of Virginia and of the United States of America. The venue for any matter relating to or arising from this site will be in the state or federal court of competent jurisdiction in the State of Virginia. To the extent any portion of these Terms and Conditions is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified solely to the extent necessary to cause such portion to be enforceable, and these Terms and Conditions, as modified, will remain in full force and effect.  This is the entire agreement between users and Xela relating to the subject matter herein and will not be modified except in writing signed by both parties.