Terms of service

Updated and Effective as of: 7/22/2025

The NEXT-GEN Hospitality Staffing services Terms of Service, are as follows. NEXT-GEN Hospitality Staffing is licensed by third parties for certain services. This agreement includes additional terms when services are distributed through a third party.

AGREEMENT

This Terms of Service Agreement ("Agreement") is between NEXT-GEN Hospitality Staffing ("we", "us", "our" or "NEXT-GEN Hospitality Staffing") and you ("you", "your" or “I”) (each a “party” and together, the “parties”) governs your use of the website and other NEXT-GEN Hospitality Staffing owned or controlled websites (collectively, "NEXT-GEN Hospitality Staffing Websites"). We and/or third parties make available to you all information, content, materials, and services, (which, together with the NEXT-GEN Hospitality Staffing Websites, shall collectively be referred to as the 'Services').

By utilizing or gaining access to the Services or any element thereof in any way whatsoever you agree to abide by and comply with the terms and conditions of this Agreement. In the event that you do not agree to this Agreement, do not use or access the Services in any way. In this Agreement, we refer to the 'use' of the Services as referring to any access or use that is either actual or attempted including, without limitation, any transmission, exchange of information or communication that is related to the Services. These terms and conditions are in addition to any other terms of use that apply to other NEXT-GEN hospitality staffing.

We reserve the right to add, delete, or modify any of our services at any time. We have the authority to alter this agreement at any point, and we will inform you of any changes (For instance, we will post a revised privacy policy with a new effective date).

Once we notify you (the effective date), the changes will take effect. At any time, the NEXT-GEN Hospitality Staffing websites are available to obtain a current copy of this agreement. If you find any change unsatisfactory, you must discontinue using the Services. Your acceptance of these changes is contingent on your use of the Services after the effective date. If there are any new services that become available, they will be included in the services. Unless we notify you that there are different terms and conditions, your use of them will be subject to the terms and conditions of this Agreement. Any additional terms that apply to third-party content, material, information, software, or other services must also be adhered to by you.

We may provide the option to join a text message program, including security alerts, service updates, and marketing promotions. By confirming your consent to a text message program and/or replying 'Y' or 'Yes' to an enrollment text message, you confirm that you want to sign up for texts and are legally capable of committing to these Terms regarding the phone number you provided. Using our Services does not require consent to receive texts. There may be a charge for messages and data. If you want to stop receiving text messages, you can text 'STOP' at any time; if you need help, you can text 'HELP'. The frequency of text messages can vary depending on the services. Delayed or undelivered messages cannot be held responsible by us and participating carriers. Message and data rates may apply for any messages we send you and for any messages you send us. If you need any assistance with your text or data plan, it is best to contact your wireless provider. You can contact us through the contact information provided below if you have any questions about our text program.

It is prohibited for you to use or permit others to use your services, whether directly or indirectly, or otherwise related to the Services, that may be offensive or harmful to others and/or libelous and/or pornographic, or may be sexually offensive or explicit, or may cause harm or harassment, or may be hateful or racist, may have racially, culturally, ethnically or otherwise objectionable or offensive, or may be discriminatory or abusive is in violation of any law or regulation or the rights of others. Resulting in duress, distress, or discomfort for someone else is likely to discourage or discourage them from using the Services; and/or is detrimental to the intellectual property rights, privacy rights, proprietary rights, or confidentiality obligations of others. Any such activity, behavior, use, or conduct is solely your responsibility and liability.

It is prohibited for you to use or allow others to use the Services directly or indirectly, or disrupt, impair, or interfere with, alter, or modify the Services or any information, data, or materials posted and displayed by us or anyone else, or act in a way that affects or reflects negatively on us the Services, or anyone else; collect or attempt to collect any information from others including, without limitation, personally identifiable information, without such party's prior consent. By utilizing the Services, you acknowledge that you have agreed to adhere to all relevant local, state, federal laws, statutes, rules, and regulations.

It is prohibited for you to breach or attempt to breach the security of the Services, including, without limitation, accessing data not meant for you, or attempting to test the vulnerability of services through communication or access devices without having authorization to do so; or interfere or breach security or authentication measures, regardless of your motives or intent, or cause any disruption to the services, processor, host, or network, even if it involves submitting a virus or worm or Trojan horse may be viewed as being a result of sending unsolicited email or other information, such as promotions or advertisements. Civil or criminal liability may be imposed upon those who violate system or network security or this Agreement. We are entitled to investigate any occurrences that may involve such violations. This may involve providing information, and cooperating with law enforcement authorities to prosecute users who are involved in such violations.

NEXT-GEN Hospitality Staffing may be able to receive suggestions and feedback from you as part of and in relation to your use of the Services. Interactive Services include surveying, focus groups, and other methods, as well as access to and use of discussion groups, chat rooms, bulletin boards, and other interactive functionality. Your participation in or use of interactive Services entails responsibility for any information, data, text, software, photographs, graphics, video, messages, or other materials.

What you transmit can lead to legal liability. By transmitting any content through these Interactive Services, you acknowledge that it is solely for legal purposes. In accordance with the laws that apply, and in a manner that is professional. By using our interactive services, you acknowledge and agree that we cannot be held responsible or liable for any content you transmit. You acknowledge that it is not permissible on the interactive Services to submit jobs, advertise services, solicit resumes, or collect email addresses. Unless otherwise authorized by a separate agreement with NEXT-GEN Hospitality Staffing. We make no representation that your use of the Interactive Services will comply with applicable laws or that they were designed to comply with the applicable laws. Additionally, we do not represent, warrant or guarantee the truthfulness, accuracy, quality, or reliability of any of the content posted, displayed, linked to or otherwise transmitted via any Interactive Services. We also do not endorse any opinions expressed in or through any Interactive Services. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such Content. We reserve the unconditional right (but not the obligation) to remove, move or edit any Content we in our sole discretion consider harmful, offensive or unprofessional, disruptive, in violation of law, regulation or any agreement, including, without limitation:

Content that is or might be violating this Agreement.

Content that is considered to be illegal under federal, state, or international law that prevents anti-competitive practices or unfair trade practices.

Content violating the copyright, trademark, service mark, trade dress, or privacy-related rights of others.

Content that is unprofessional.

We are not liable or responsible for the performance or non-performance of these monitoring activities. NEXT-GEN Hospitality Staffing procedures may be initiated if individuals are found to have violated this section and blocked their access to Interactive Services.

By submitting the content, you are granting us a license that is non-exclusive, worldwide, and royalty-free perpetual license, which includes the right to sublicense, for reproducing, distributing, transmitting, creating derivative works of, publicly displaying, and performing any Content you submit via the Interactive Services. For any use or purpose, including without limitation, the right to incorporate or implement, can be done by all means and media now known or developed. You will not receive any compensation for the incorporation or embedding of the content into any NEXT-GEN Hospitality Staffing service.

The Services contain content that can be accessed through various means, such as text, graphics, images, button icons, and programs. The software, data, content, information, and materials, whether tangible or intangible, have intellectual property rights that extend to them. You recognize and concur that the information has been made accessible for the purpose of providing information and education. Our services do not include legal advice. You are solely responsible for relying on the material obtained by you on or through the Services. By agreeing, you will comply with all notices and requirements related to third-party material. We retain all rights that are not explicitly granted in this Agreement.

NEXT-GEN Hospitality Staffing is receptive to others' intellectual property rights. Under appropriate circumstances and at NEXT-GEN Hospitality Staffing's discretion, it is possible for them to disable it. Those users who may be infringing on the intellectual property rights of others can be terminated from accessing or using the Services.

Links to other websites or resources are possible through the Services, or third parties may also provide links. We have no control over these sites and resources. You understand and acknowledge that we are not liable for the availability of external sites or resources and do not support them. You acknowledge that we cannot be held responsible or liable for any direct or indirect damages.

We make no representation or warranty that the materials, content, or services displayed on or offered through the NEXT-GEN Hospitality Staffing websites or our services. We are committed to providing accurate, complete, appropriate, reliable, or timely services. You can access the NEXT-GEN Hospitality Staffing websites and services without interruption or error-free, without viruses, malicious code, or other harmful components, or otherwise in a secure way. The exclusion of certain warranties is not allowed in certain jurisdictions. Therefore, some of the aforementioned exclusions may not pertain to you.

To the maximum extent permitted by applicable law, neither NEXT-GEN Hospitality Staffing, its licensors, suppliers, partners, affiliates, or third-party service providers shall not be held liable for any DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES. This agreement does not cover any other damages in any way. Using the NEXT-GEN Hospitality Staffing websites and services, regardless of the form of action or the basis of the claim, or whether or not Next-Gen Hospitality Staffing has been informed of the potential of such damages. Some jurisdictions do not permit the limitation or exclusion of liability for incidental or consequential damages. It is possible that some of the above limitations and exclusions do not apply to you.

In the event that you have a dispute with one or more THIRD PARTIES AS A RESULT OF YOUR USE OF THE MATERIAL OR THE SERVICES (INCLUDING THE INTERACTIVE SERVICES). OR ARE IN ANY WAY DAMAGED AS A RESULT OF ANY THIRD PARTY IN CONNECTION THEREWITH. YOU HEREBY RELEASE AND COVENANT NOT TO SUE OR OTHERWISE MAKE A CLAIM, DEMAND OR FILE ANY LEGAL ACTION OR INSTITUTE ANY LEGAL OR REGULATORY PROCEEDINGS AGAINST US, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND SUPPLIERS FROM, FOR ANY CLAIMS, ACTIONS, DEMANDS OR DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL), OF WHATEVER KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER FORESEEABLE OR NOT, DISCLOSED OR UNDISCLOSED.

You agree to defend, indemnify and hold us harmless against any losses, expenses, costs or damages (including our reasonable attorneys' fees, expert fees' and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to any claim or action based upon (1) your breach of the terms and conditions of this Agreement, (2) your use of the Services, and/or (3) the use of the Services by any other person using your IDs. We may, if necessary, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end.

We may terminate this agreement, restrict, suspend or terminate your access to and use of the Services immediately and without notice or liability, with or without cause, and it will not limit any other rights or remedies which are available to us. Termination is your sole right and exclusive remedy if you are not satisfied with the Services. Upon the effective date of any such termination, your right to access and use the Services shall immediately cease. Notwithstanding any such cancellation or termination, if your selected payment method cannot be charged for any reason (e.g., expired), you shall provide an alternative form of payment.

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, EXCEPT WHERE PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY.

If any term of this Agreement is held invalid, illegal or unenforceable, the remaining portions shall not be affected. Any provision of this Agreement which by its nature must survive the termination of this Agreement in order to give effect to its meaning.