Xcellent Choice Global, Inc.

www.myXcellentChoice.com

Terms of Use

 

Xcellent Choice Global, Inc. (“XCELLENT CHOICE”) operates this Site to provide online access to information about XCELLENT CHOICE and the products, services, and opportunities we provide (the “Service”). By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to herein as the “Agreement.”

 

XCELLENT CHOICE reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is set forth below.

 

1. Use of Site

You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about XCELLENT CHOICE Services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. XCELLENT CHOICE reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.

 

2. Copyright

The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to XCELLENT CHOICE or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by XCELLENT CHOICE or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only. Any such download and/or reprinting may be subject to additional restrictions, for example information from password restricted areas. You may not manipulate or alter in any way images or other Content on the Site.

 

3. Trademarks

You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.

 

4. Links to Third-Party Web Sites

Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by XCELLENT CHOICE of the third party, the third-party web site, or the information contained therein. XCELLENT CHOICE is not responsible for the availability of any such web sites. XCELLENT CHOICE is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of XCELLENT CHOICE affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites.

 

5. Downloading Files

XCELLENT CHOICE cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.

 

6. Disclaimer of Warranties

XCELLENT CHOICE MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. XCELLENT CHOICE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. XCELLENT CHOICE DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. XCELLENT CHOICE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

 

7. Limitation of Liability

IN NO EVENT WILL XCELLENT CHOICE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF XCELLENT CHOICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, XCELLENT CHOICE’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

 

8. Indemnification

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless XCELLENT CHOICE, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.

 

9. Privacy

The Privacy Policy located at www.myXcellentChoice.com is incorporated herein by reference.

 

10. User Conduct

You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

 

11. Unsolicited Idea Submission Policy

XCELLENT CHOICE does welcome feedback regarding many areas of XCELLENT CHOICE’s existing businesses that will help satisfy customer’s needs, and feedback can be provided through the contact areas on the Site. Any feedback or ideas that you provide shall be deemed an unsolicited User Submission and you agree that (1) your idea will automatically become the property of XCELLENT CHOICE, without any compensation to you; (2) XCELLENT CHOICE will have no obligation to return your idea to you or respond to you in any way; (3) XCELLENT CHOICE will have no obligation to keep your idea confidential; and (4) XCELLENT CHOICE may use your idea for any purpose whatsoever, including giving your idea to others.

 

12. User Supplied Information

You agree that any material, information, or data you transmit to us or post to the Site (each a “Submission” or collectively “Submissions”) will be considered non confidential and non proprietary. For all Submissions, (1) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give XCELLENT CHOICE the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.

 

13. Password Security

If you apply to become a XCELLENT CHOICE Independent Affiliate, you are responsible for maintaining the confidentiality of your identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your identification and password.

 

14. General Provisions

a. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by XCELLENT CHOICE of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. XCELLENT CHOICE therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. XCELLENT CHOICE does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

c. Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, XCELLENT CHOICE’s Privacy Policy, your use of the Site, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of California, without regard to any conflict of laws provisions.

 

15. Retail Customer Product Return Policy

XCELLENT CHOICE provides a 30-day refund policy on any goods purchased from this site provided they are in good and resalable conditions.

 

           

Effective Date: March 1, 2015