Welcome to the Excellerated Business Schools® Web site.
The following Terms of Service (“TOS”) contain the terms and conditions that govern your use of the Web site and Excellerated.com Service (as defined below).These TOS describe your rights and responsibilities and what you can expect from the Excellerated.com Service. Use of the Excellerated.com Web site constitutes acceptance of these TOS.
Excellerated.com reserves the right to add, delete and/or modify any of the terms and conditions contained in this TOS, at any time and in its sole discretion, by posting a change notice or a new agreement on the Excellerated.com Web site. In the event of substantive changes to this TOS, you may be notified by E-mail. If any modification is unacceptable to you, your only recourse is to not use the Web site and the Excellerated.com Service.
Your continued use of the Excellerated.com Web site following posting of a change notice or new TOS on the Excellerated.com Web site will constitute binding acceptance of the changes.
1. The Moneyandyou.com Service.
Excellerated.com provides a number of Internet-based services through the Web site (all such services, collectively, the “Excellerated.com Service”). One such service enables users to purchase merchandise, books, tapes, seminar programs, and/or compact discs (collectively, “Products”). Excellerated.com users may purchase individual Products for their own use or sell Products through their own page on the Web site (“Shop”). Users who would like to sell Products through Shop must enter into the Strategic Alliance/Affiliate Program Agreement. Excellerated.com allows all users to browse the Web site and purchase Products from the Shop. Excellerated.com may offer a number of other services on its Web site, such as message boards, newsletters, mentoring, library, learning tools, resources, and business opportunities, which may change from time to time.
2. Use of the Web site and Excellerated.com Service.
2.1 Eligibility. Excellerated.com will only knowingly provide the Excellerated.com Service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, you may use the Excellerated.com Service only under the supervision of a parent or legal guardian who agrees to be bound by these TOS.
2.2 Compliance with TOS and Applicable Law. You must comply with all of the terms and conditions of these TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the Excellerated.com Service and the Web site.
2.3 Your License to Use the Web site and the Excellerated.com Service.
(a) Excellerated.com solely and exclusively owns all intellectual property and other rights, title and interest in and to the Excellerated.com Service and Web site, except as expressly provided for in these TOS. For example and without limitation, Excellerated.com owns the trademarks and copyrights in and to the Web site, and certain technology used in providing the Excellerated.com Service. You will not acquire any right, title or interest therein under these TOS or otherwise
(b) Excellerated.com grants you a limited revocable license to access and use the Web site and the Excellerated.com Service for its intended purposes, subject to your compliance with these TOS. This license does not include the right to collect or use information contained on the Web site for purposes prohibited by Excellerated.com; to compete with Excellerated.com; create derivative works based on the content of the Web site; or download or copy the Web site (other than page caching). If you use the Web site in a manner that exceeds the scope of this license or breach this TOS, Excellerated.com may revoke the license granted to you.
(c) This Section 2.3 does not pertain to your intellectual property rights. For information regarding your intellectual property rights, please see Section 4.3.
2.4 Third-Party Services. Excellerated.com may use third parties to provide certain services accessible through the Web site. Excellerated.com does not control those third parties or their services, and you agree that Excellerated.com will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as these TOS when you use these services. If any such terms or policies conflict with Excellerated.com’s TOS, agreements or policies, you must comply with Excellerated.com’s TOS, agreements or policies, as applicable.
3. General Rules.
3.1 Prohibited Use. You may only use the Excellerated.com Service as expressly permitted by Excellerated.com. You may not cause harm to the Web site or the Excellerated.com Service. Specifically, but not by way of limitation, you may not: (i) interfere with the Excellerated.com Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Excellerated.com Service; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Web site, except in the operation or use of an internet “search engine,” hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the Excellerated.com Service; (v) impersonate another person or entity; (vi) use any meta tags, search terms, key terms, or the like that contain Excellerated.com’s name or trademarks; (vii) engage in any activity that interferes with another user’s ability to use or enjoy the Excellerated.com Service; or (viii) assist or encourage any third party in engaging in any activity prohibited by these TOS.
3.2 Privacy Policy. By entering into these TOS, you agree to Excellerated.com’s collection, use and disclosure of your personal information in accordance with the Privacy Policy.
3.3 Ordering Policies. If you purchase Products, you agree to do so in accordance with Excellerated.com’s Ordering Policy.
4. General Rules and License for the Excellerated Portal.
4.1 Description. As part of the Excellerated.com Service, you will receive a password and account designation upon completing your registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Excellerated of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Excellerated cannot and will not be liable for any loss or damage arising from your failure to comply with this policy.Excellerated.com offers a service that allows you to upload images, data, and other content (collectively, “Content”) to the Excellerated Portal to create, produce and purchase Products featuring the uploaded Content for your own use.
4.2 Delivery of Content. You will upload or deliver to the Excellerated Portal all Content that you want to use in accordance with the applicable instructions on the Web site and the Content Usage Policy. Excellerated.com may, in its sole and exclusive discretion, determine whether any Content complies with such instructions and is satisfactory for use on the Excellerated Portal. You agree to not use the Service to:
4.2.1 upload, post, E-mail, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
4.2.2 harm minors in any way;
4.2.3 impersonate any person or entity, including, but not limited to, an Excellerated.com official or falsely state or otherwise misrepresent your affiliation with a person or entity;
4.2.4 forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
4.2.5 upload, post, E-mail, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
4.2.6 upload, post, E-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
4.2.7 upload, post, E-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
4.2.8 upload, post, E-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
4.2.9 intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
4.2.10 provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
4.2.11 “stalk” or otherwise harass another; and/or
4.2.12 collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs 4.2.1 through4.2.12 herein.
4.3 Licensing Your Content to Excellerated.com. You will retain ownership of the Content that you upload to the Excellerated Portal. You hereby grant to Excellerated.com a royalty-free, worldwide, transferable, nonexclusive, right and license to use such Content, in all media existing now or created in the future, as Excellerated.com deems necessary to enable you to use the Excellerated Portal to create, produce and purchase Products for so long as your Content remains uploaded to the Web site. Excellerated.com may sublicense the rights that you grant it in this Section to a third party subcontractor only for purposes of producing your Products and providing the Excellerated.com Service.
5. Reservation of Rights.
5.1 Monitoring. Excellerated.com reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Web site. If Excellerated.com determines, in its sole and absolute discretion, that you or another Excellerated.com user will breach a term or condition of these TOS or that such transaction or communication is inappropriate, Excellerated.com may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.
5.2 Modification of the Service. Excellerated.com may modify the Excellerated.com Service at any time with or without notice to you, and will incur no liability for doing so.
6. Submissions.
When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, articles, communications or any other information (“Submissions”), you grant Excellerated.com permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense. You agree that Excellerated.com will have no obligation to keep any Submissions confidential. You will not bring a claim against Excellerated.com based on “moral rights” or the likes arising from Excellerated.com’s use of a Submission. This Section does not apply to your Content that you use in connection with the Excellerated Portal or Shop Service.
7. Representations and Warranties.
7.1 Mutual Representations and Warranties. You represent and warrant to Excellerated.com and Excellerated.com represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under these TOS, (ii) the execution and performance of your or its obligations under these TOS do not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) these TOS are a legal, valid and binding obligation of the party entering into these TOS, enforceable in accordance with their terms and conditions.
7.2 By You. You represent and warrant to Excellerated.com that, in your use of the Excellerated.com Service, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party and (ii) will comply with all applicable laws, rules, and regulations. You further represent and warrant to Excellerated.com that: (i) there are no claims, demands or any form of litigation pending, or to the best of your knowledge, threatened with respect to any of your Content; (ii) Excellerated.com will not be required to make any payments to any third party in connection with its use of your Content, except for the expenses that Excellerated.com incurs in providing the Excellerated.com Service; (iii) the use of any instructions, formulae, recommendations, or the like contained in your Content will not cause injury to any third party; and (iv) your Content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
8a. Disclaimers and Exclusions.
8a.1 Disclaimer of warranties. Excellerated.com provides the Web site and Excellerated.com service on an “as is” and “as available” basis. Excellerated.com does not represent or warrant that the Web site, Excellerated.com service or its use: (i) will be uninterrupted, (ii) will be free of inaccuracies or errors, (iii) will meet your requirements, or (iv) will operate in the configuration or with the hardware or software you use. Excellerated.com makes no warranties other than those made expressly in these TOS, and hereby disclaims any and all implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability and non-infringement.
8a.2 Exclusion of Damages. Excellerated.com will not be liable to you or any third party for any consequential, incidental, indirect, punitive or special damages (including damages relating to lost profits, lost data or loss of goodwill) arising out of, relating to or connected with the use of the Excellerated.com service, based on any cause of action, even if advised of the possibility of such damages.
8b. Limitation of Liability.
8b.1 Limitation of Liability. Except for a breach of a party’s representations and warranties under these TOS or in connection with your indemnity obligations under these TOS, in no event will the liability of either party in connection with these TOS exceed the greater of (i) the amount paid by Excellerated.com to you during the six months immediately preceding the event that gives rise to such liability or (ii) $100.
9. Indemnification.
You must indemnify and hold Excellerated.com and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the “Parties”) harmless from any damage, loss, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Parties alleging that you have breached any of these TOS through any act or omission. If you have to indemnify Excellerated.com under this Section, Excellerated.com will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Excellerated.com’s express written permission.
10. Termination.
10.1 Termination. Excellerated.com may suspend or terminate your use of the Web site or Excellerated.com Service if it believes, in its sole and absolute discretion, that you have breached a term of these TOS.
10.2 Survival. Notwithstanding Section 10.1 above, these TOS will survive indefinitely unless and until Excellerated.com chooses to terminate them.
10.3 Effect of Termination. If you or Excellerated.com terminates your use of the Web site or the Excellerated.com Service, Excellerated.com may delete any Content or other materials relating to your use of the Excellerated.com Service on Excellerated.com’s servers or otherwise in its possession and Excellerated.com will have no liability to you or any third party for doing so.
11. Notice.
All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to Excellerated.com, you must use the following addresses: P.O. Box 86906, San Diego, California 92138 USA, TOS@Excellerated.com. If Excellerated.com provides notice to you, Excellerated.com will use the contact information provided by you to Excellerated.com. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated. If applicable law requires that a given communication be “in writing,” you agree that E-mail communication will satisfy this requirement.
12. Dispute Resolution.
All disputes arising out of, relating to or connected with these TOS or your use of any part of the Excellerated.com Service will be exclusively resolved under confidential binding arbitration held in San Diego County, California before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying California law (without regard for conflicts of law principles). The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these TOS will be joined to an arbitration involving any other party subject to these TOS, whether through class arbitration proceedings or otherwise. Any action to enforce an arbitrator’s award will be brought in a federal or state court located in San Diego County, California. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and California State courts in San Diego County. By entering into these TOS, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to or connected with these TOS or your use of any part of the Excellerated.com Service must be asserted individually. Notwithstanding anything to the contrary in this Section 12, Excellerated.com may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.
13. Miscellaneous.
These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of California without reference to conflict of law principles. These TOS will not be assignable or transferable by you without the prior written consent of Excellerated.com. These TOS (including all of the policies and other Agreements described in this TOS, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and Excellerated.com are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these TOS. The invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any other provision of these TOS, all of which will remain in full force and effect.
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