Terms of Service
Please note: There is no charge to a job seeker for using this site and/or finding a job through our network.
BEFORE ACCESSING THIS SITE, YOU SHOULD READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AS THEY GOVERN YOUR USE OF THIS SITE, INCLUDING AN AGREEMENT TO SUBMIT ALL DISPUTES TO INDIVIDUAL MANDATORY ARBITRATION. IN ADDITION, IF YOU PURCHASE OUR PRODUCTS, YOU AGREE TO THE APPLICABLE PRODUCT TERMS BELOW. IF YOU DO NOT AGREE WITH ALL OF THE FOLLOWING TERMS AND CONDITIONS, YOU ARE NOT GRANTED PERMISSION BY NEXXT, INC. TO ACCESS OR OTHERWISE USE THIS SITE. ACCORDINGLY, PLEASE EXIT THIS SITE.
Welcome to the Nexxt web site (also referred to as the "Site") powered by Nexxt, Inc. This agreement contains the terms, covenants, conditions, and provisions
(the “Terms and Conditions”) upon which You (also referred to herein as 'User' and “You” or “Your”) may access and use this Site.
Terms and Conditions
By accessing, viewing or using this Site, or using any of the many offerings and services that Nexxt provides (the "Services"), You indicate that You understand
and intend these Terms and Conditions to be the legal equivalent of a signed, written contract and equally binding, and that You accept such Terms and Conditions
and agree to be legally bound by them (the “Agreement”). You represent and warrant that You are of sufficient legal age to use this Site and the Services, or agree
to supervise minors who use this Site and the Services; you are not an individual in the European Union (EU); and that You will be bound to any legal obligations
You may incur as a result of using this Site and the Services. Please note that Nexxt reserves the right to change the Terms and Conditions under which this Site
and its Services are extended to You. Your continued use of this Site and the Services following such modifications will be conclusively deemed acceptance of any
changes to these Terms and Conditions.
Grant of License. This Agreement provides You with a personal, revocable, nonexclusive, nontransferable license to use this Site
conditioned on Your continued compliance with the Terms and Conditions of this Agreement. You are authorized to view and access a single copy of the content
available on or from the Site solely for Your personal, noncommercial use. You may print and download materials and information on this Site solely for personal
and noncommercial use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. Notwithstanding
the foregoing and except as otherwise expressly permitted herein, You may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer,
sell, mirror, frame, or otherwise use any information or material obtained from or through this Site. As a further condition of use of this Site and the Services,
You warrant to Nexxt that You will not use this Site or the Services for any purpose that is unlawful or prohibited by these Terms and Conditions.
Intellectual Property Rights. All material contained on this Site, unless otherwise indicated, is protected by law including,
but not limited to, United States copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations. Except
as expressly provided herein, Nexxt does not grant any express or implied right to You. Please be aware that Nexxt actively and aggressively enforces its
intellectual property rights to the fullest extent of the law. The contents of this Site are Copyright © 2022 Nexxt, Inc. All rights reserved. Nexxt also owns
a copyright in the Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of this Site's content. Nexxt™,
and all other names, logos, and icons identifying Nexxt's products and services are proprietary marks of Nexxt, Inc. Other product and company names mentioned herein
might be the trademarks of their respective owners. By posting jobs on any Nexxt Site, You agree to allow Nexxt to use Your company names, logos, and icons identifying
Your products and services, including any published company descriptions, in order to promote Your job postings.
Acceptable Site Use. Users are prohibited from violating or attempting to violate the security of any Nexxt 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 Nexxt Site, overloading, 'flooding', 'spamming', 'mailbombing'
or 'crashing', (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) 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. Users are prohibited
from using any device, software or routine to interfere or attempt to interfere with the proper working of any Nexxt Site or any activity being conducted on this site.
Users are prohibited from using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders,
robots, avatars or intelligent agents) to navigate or search any Nexxt Site other than the search engine and search agents available on such Nexxt Site and other than
generally available third-party web browsers.
User Content. Nexxt offers You the opportunity to engage with the Site, including by posting articles and comments. You represent and
warrant that for any content, including information, graphics, audio, images, and links You submit on the Site (“User Content”): (1) You own or otherwise have all
necessary rights to the User Content; (2) the submission of the User Content does not violate any law or the rights of any person; and (3) the User Content complies
with our Content Policy. You grant Nexxt a perpetual, nonexclusive, world-wide, royalty free, irrevocable, sub-licensable
license to the User Content, which includes without limitation the right for Nexxt or any third party it designates, to use, copy, transmit, excerpt, publish, distribute,
publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to
streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any User Content
posted by You on the Site. You are solely responsible for the User Content. While Nexxt does not and cannot review all User Content, Nexxt reserves the right to delete,
move, or edit User Content that, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise objectionable
Text Alerts. As part of the Services, you may opt-in to receive job alerts and other relevant career information from Nexxt via text
to the mobile phone number you provide. You certify that you are authorized to allow the mobile number you provide to receive text alerts. Shortly after opting-in
to this alert feature, you will receive a text welcome message.
You will get 2 messages per week from us. Text STOP to 34975 to cancel. Nexxt does not charge for
this service, but your mobile operator's message and data rates may apply.
Wireless carriers are not responsible for delayed or undelivered SMS messages. You
understand and agree that you will receive a confirmation text that you have opted-out. Nexxt is not responsible for any incomplete, lost, late, misdirected or
undelivered messages because of your mobile carrier or otherwise. You can manage whether to receive text alerts under your user account settings at any time.
You understand and agree that if you opt-in to receive text alerts, Nexxt also may text your mobile phone number on behalf of our clients and partners solely to
If you have questions
about our text services, you may contact Customer Service: via phone at 866-694-5627 Monday through Friday 9am-5pm Eastern Time; via email at
firstname.lastname@example.org; or through our Contact Us form. You can also text HELP
to 34975 to get help on your mobile phone.
You confirm that you are not an individual in the EU and consent to Nexxt's collection and use of personal data as outlined therein.
Services Policy. Some of our services are automatically renewed monthly. For these services, payment is due on the first day of the renewal
period. Accounts are in default if payment is not received within 30 days after renewal date. Accounts unpaid 30 days after date of invoice will have service interrupted
or terminated. Such interruption does not relieve You of the obligation to pay the monthly Fee. Only a written request to terminate Your service relieves You of the
obligation to pay the Monthly Fee. Accounts in default are subject to an interest charge on the outstanding balance of the lesser of 1.5% per month or the maximum rate
permitted by law. You agree to pay Nexxt’s reasonable expenses, including attorney and collection agency fees, incurred in enforcing our rights under these Terms and
Conditions. Prices are exclusive of any taxes which may be levied or assessed upon the Equipment or services provided hereunder. Any such taxes shall be paid by You.
If You are exempt from otherwise applicable taxes, You must submit Your tax identification number and exemption certificate at the same time You purchase the services.
Nexxt reserves the right to change the rates for this service by notifying You 30 days in advance of the effective date of the change, however such rate change will not
apply where You have prepaid the subscription. Service may be canceled only upon 30 days advance written notice. In the event of early cancellation of a Term Commitment
without cause, You will be required to pay 100% of Nexxt's Monthly Fee for each month remaining in the Term Commitment. 'Cause' shall be defined as any performance related
issue readily attributable to Nexxt, in which You have notified website support and Nexxt has failed to cure such issues in a reasonable time. Nexxt reserves the right to
remove content from postings on the site. This may include information deemed inappropriate by Nexxt or contact information such as phone numbers, addresses or e-mail
addresses in places on the site where other methods of communication are required. This may also include information deemed inappropriate by Nexxt. If You are not satisfied
with Your product or service, please call Nexxt at 610-878-2800.
Nexxt Refund Policy. Since our network primarily offers non-tangible, irrevocable goods we do not issue refunds once the order is processed
and the services are provided. As a customer, You are responsible for understanding this upon purchasing any service in our network of websites. For several of our Career
Resource services, such as our Writing Services, Your participation is crucial to our ability to effectively tailor and craft documents to meet Your needs. If You have not
provided the information we have informed You is necessary to craft Your documents within 12 months of our requesting such information, You are not entitled to a refund for
the Writing Services purchased. In addition, issues concerning special offers or services offered on behalf of our affiliates must be dealt with directly with the
appropriate affiliate and are not an issue for a refund or chargeback from us. However, as exceptional circumstances may sometimes occur, we will honor requests for returns
or refunds in the following situations:
Sometimes Your e-mail provider or Your own mail server may have mailing problems which prevent You from receiving a delivery e-mail from us. In this case,
please contact Customer Service for assistance. Claims for non-delivery must be submitted in writing within 7 days from the order date. Otherwise the product or
service will be considered received and downloaded.
Problems relating to downloading or unzipping documents must be submitted to Customer Service. We will assume that You have successfully downloaded the product
ordered if we do not hear from You within 3 days of expected delivery and You will have no further right of redress or refund for a "download issue" reason.
If You believe that the product or service is not-as-described, please contact Customer Service within 7 days from the date of the order or purchase. Clear
evidence must be provided proving that the purchased product is not as it is described on the website. Complaints which are based merely on the customer's
false expectations or wishes will not be honored.
Please note: We do not assume any responsibility and therefore we do not satisfy any refund/return/exchange requests based on incompatibility of our products or
services with third-party software (plug-ins, add-ons, modules, search engines, scripts, extensions etc.). We do not guarantee that our products or services are fully
compatible with all third-party programs and we do not provide technical support for third-party applications.
Fraudulent Credit Card Charges or Fraudulent Claims. All requests to negate charges are investigated by our technical department and
Customer Service department. If You make a fraudulent claim of unauthorized card usage, we will report this to the credit card services. This report may result in
cancellation of Your card services. Account information collected (including IP address and contact information) relating to any fraudulent charge or claim may be
provided to a third party for investigation.
Password Policy. Your use of certain portions of this Site requires a password. Anyone with knowledge of Your password can gain access
to the restricted portions of this Site and the information available to You. Accordingly, You must keep Your Password secret. By agreeing to these Terms and Conditions,
You agree to be solely responsible for the confidentiality and use of Your respective Password, as well as for any communications entered through the Site using Your
Password. You will also immediately notify Nexxt if You become aware of any loss or theft of Your Password or any unauthorized use of Your Password. Nexxt reserves the
right to delete or change a Password at any time and for any reason.
Assumption of Risk. You use the Internet solely at Your own risk and subject to all applicable local, state, national, and international
laws and regulations. While Nexxt has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material
transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, Nexxt and its affiliates are not responsible for the security of any information
transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. You assume the sole
and complete risk for using this Site.
Enforcing Security. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. For Your protection,
Nexxt reserves the right to view, monitor, and record activity on the Site without notice or permission from You. Any information obtained by monitoring, reviewing, or
recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on the Site. Nexxt will
also comply with all court orders involving requests for such information.
Interaction with Third Parties. Nexxt may post advertisements of third parties on this Site, including promotions of advertisers, members,
or sponsors showing their goods and services on this Site. Your correspondence, purchases, participation in, or any other dealings with third parties found on this Site
are solely between You and such third party and such third parties may provide You with other offers or follow up e-mail from this site or other sources. You agree that
Nexxt shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on
this Site. Moreover, Nexxt shall not be responsible or liable for the accuracy, quality, suitability, currency or content of the statements or conduct of any third party
on this Site. You shall not knowingly or intentionally interfere with the display of any advertisement.
Links to Other Sites. Nexxt may provide links, in its sole discretion, to other sites on the Internet for Your convenience in locating
related information and services. These sites have not necessarily been reviewed by Nexxt and are maintained by third parties over which Nexxt exercises no control.
Accordingly, Nexxt expressly disclaims any responsibility for the content, the accuracy or currency of the information, and/or quality of products or services provided
by or advertised on these third-party web sites. Moreover, these links do not imply an endorsement of any third party or any web site or the products or services provided
by any third party.
Events Beyond Nexxt’s Control. You expressly absolve and release Nexxt from any claim of harm resulting from a cause beyond Nexxt's
control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnectivity problems,
actions or inactions of third parties, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or
other labor problems, wars, or governmental restrictions.
DISCLAIMERS. WHILE NEXXT ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE MATERIALS AVAILABLE, THE INFORMATION, MATERIALS, PRODUCTS,
AND SERVICES AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS THAT MAY AFFECT THE QUALITY OF THE INFORMATION, PRODUCTS, OR THIRD-PARTY CONTENT.
MOREOVER, WE MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES DESCRIBED IN THIS SITE AT ANY TIME, FOR ANY
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC'S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION
OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON THIS SITE, INCLUDING BUT NOT LIMITED TO
THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, AND SERVICES LINKED TO, DOWNLOADED FROM, DISTRIBUTED THROUGH OR ACCESSED FROM THIS WEB SITE. NEXXT MAKES NO REPRESENTATIONS
ABOUT THE SUITABILITY, QUALITY, COMPLETENESS, TIMELINESS, CURRENCY, ACCURACY, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION, MATERIALS,
PRODUCTS, AND SERVICES DESCRIBED OR CONTAINED ON THIS SITE, INCLUDING, BUT NOT LIMITED TO, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, AND SERVICES LINKED TO, DOWNLOADED
FROM, DISTRIBUTED THROUGH OR ACCESSED FROM THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ARE PROVIDED 'AS IS' WITHOUT WARRANTY
OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
IN NO EVENT SHALL NEXXT, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH
THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, MATERIALS, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE
ARISING OUT OF THE UTILIZATION OF THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF NEXXT HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY FOR THE SITE FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS SITE SHALL NOT EXCEED THE AMOUNT OF $100 US DOLLARS.
Submissions. Nexxt also welcomes Your feedback and suggestions about how to improve this Site. Any ideas, suggestions, information,
know-how, material, or any other content (collectively, 'content') received through this Site, however, will be deemed to include a royalty-free, perpetual,
irrevocable, nonexclusive right and license for Nexxt to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display,
(in whole or part) worldwide, or act on such content without additional approval or consideration, in any form, media, or technology now known or later developed for
the full term of any rights that may exist in such content. You hereby waive any claim to the contrary.
Statistical Information. You understand that any statistical information provided by Nexxt, including, but not limited to, network
statistics, is provided for informational purposes only.
Indemnity. You agree to defend, indemnify, and hold harmless Nexxt and its affiliates and all of their employees, agents, directors,
officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns, from and against any and all claims,
proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from
Your use of the Site or any breach by You of this Agreement.
Dispute Resolution. (Not applicable to Quebec consumers) Any disputes, claims, and causes of action arising out of or connected with your use of this Site (each, a “Dispute”)
must be submitted exclusively to the American Arbitration Association (AAA) to be heard under their Consumer Arbitration Rules. If for any reason, AAA is unable or
unwilling to conduct the arbitration consistent with these terms, you and we will pick another arbitrator pursuant to 9 U.S. Code § 5. You agree that any Dispute between
us shall be resolved exclusively in individual (non-class) arbitration. The parties intend to be bound to the Federal Arbitration Act, 9 U.S.C. § 1 et seq. An arbitration
means there will be no jury, and no judge.
Choice of Arbitrator and Rules. The arbitrator shall exclusively determine all issues as to the Dispute, applying these Terms. The arbitrator
shall also determine any question as to whether any Dispute or issue is subject to arbitration. The arbitrator shall not have the power to hear any Dispute as a class action,
mass action, or representative action. The arbitrator shall not have any power to issue relief to anyone but You or us. Disputes that can be fully resolved in small claims
court need not be submitted to arbitration.
Remedies Available in Arbitration. The arbitrator may grant any remedy, relief, or outcome that the parties could have received in court,
including awards of attorney’s fees and costs, in accordance with the law(s) that applies to the case, except injunctive relief.
Governing Law. (Not applicable to Quebec consumers) This Agreement has been made in and will be construed and enforced in accordance with Pennsylvania law, as applied to agreements
entered into and completely performed in Pennsylvania. You agree that any Disputes shall be heard exclusively in the federal or state courts of the Commonwealth of Pennsylvania unless otherwise agreed to by
the Parties or determined by the arbitrator. These Terms and your use of the Site are governed by the laws of the Commonwealth of Pennsylvania, U.S.A., without regard to its
choice of law provisions. However, any determination as to whether a Dispute is subject to arbitration, or as to the conduct of the arbitration, shall be governed exclusively
by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.
For Quebec consumers: These Conditions of Use and any dispute of any sort that might arise between you and Nexxt shall be governed by the laws of the Province of Quebec, without reference
to its conflict of laws provisions, and the laws of Canada applicable therein, and any disputes will be submitted to the courts of competent jurisdiction of the District of Montreal (Quebec).
This Site is controlled and operated by Nexxt from its offices within the United States. Nexxt makes no representation that materials in the Site or the Services are appropriate
or available for use in other locations, and access to them from territories where any of the contents of this Site or the Services are illegal is prohibited. If You choose to
access this Site or the Services from other locations, You do so on Your own volition and are responsible for compliance with any applicable local laws.
Class Action Waiver. You agree that any Dispute between us shall be resolved in an individual action. Under no circumstances will you file, seek,
or participate in a class action, mass action, or representative action in connection with a Dispute.
Injunctive Relief. The arbitrator may not issue any injunction. If either party in a Dispute seeks injunctive relief, the arbitrator will complete
arbitration of the Dispute, issue an award of monetary compensation (if any), and then the party seeking injunctive relief may file a new action in state or federal court
in the Commonwealth of Pennsylvania, U.S.A., solely for injunctive relief. The findings of fact and conclusions of law of the arbitrator shall not be submitted as evidence or constitute precedent
in this subsequent suit.
Term and Termination. This Agreement will take effect at the time You begin using this Site or the Services (thereby indicating acceptance
of these Terms and Conditions). Nexxt reserves the right at any time and for any reason to deny You access to the Site, the Services, or any portion thereof, and to
terminate this Agreement. Termination will be effective without notice.
Waiver. Failure to insist on strict performance of any of the Terms and Conditions of this Agreement will not operate as a waiver of
any subsequent default or failure of performance. No waiver by Nexxt of any right under these Terms and Conditions will be deemed to be either a waiver of any other
right or provision or a waiver of that same right or provision at any other time.
Severability. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms and Conditions shall
continue in effect.
Products. If you purchase our products, which include our Services, performance products are governed by the Standard Terms and Conditions for Performance at http://www.nexxt.com/Terms/Performance.htm, and subscription products are governed by the Terms and Conditions at http://nexxt.com/terms/subscription.htm. Collectively, these are our “Product Terms.”
Visitor/Nexxt. No joint venture, partnership, employment, or agency relationship exists between You and Nexxt as a result of this
Agreement or Your utilization of this Site or the Services.
Rev. June 2022