Exxcelrank LLC Online Terms of Use

Last updated: March 25, 2019

AGREEMENT BETWEEN USER AND EXXCELRANK LLC

Exxcelrank LLC (the “Company” or “Exxcelrank”) provides its website visitors with access to its content, resources, and tools for communication, public forums, commerce platforms, and other services through its network of websites including those at www.Exxcelrank.com and other websites it owns and operates (collectively, the “Websites”). These Terms of Use apply to all of the Company’s Websites that link to them. Exxcelrank provides its services to users of its Websites and all visitors subject to the following Terms of Use.

The Websites are comprised of various Web pages owned and operated by Exxcelrank, a company located at 6009 West Parker Road | Suite 149 – 415 | Plano, TX 75093.

These Terms of Use govern your use of all Company Websites. These Websites are offered to you conditioned on your unqualified acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Websites constitutes your express agreement to all such terms, conditions, and notices. If you do not unconditionally agree with these Terms of Use or our Online Privacy Policy, you are not authorized to access or use the Websites and you must immediately discontinue your use of them.


Conditions of Use

THESE TERMS AND CONDITIONS OF USE APPLY TO ALL MATERIALS, ONLINE COMMUNICATIONS AND OTHER INFORMATION AND MATERIALS THAT ARE OR BECOME AVAILABLE ON OR THROUGH THE WEBSITES (COLLECTIVELY, THE “MATERIAL”). PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING ANY OF THE WEBSITES YOU SPECIFICALLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS OF USE AND YOU SPECIFICALLY AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO EACH OF THE PROVISIONS CONTAINED HEREIN. THESE TERMS AND CONDITIONS MAY BE REVISED AT ANY TIME BY UPDATING THIS POSTING. YOU ARE BOUND BY ANY SUCH REVISIONS AND SHOULD THEREFORE PERIODICALLY VISIT THIS PAGE TO REVIEW THE THEN-CURRENT TERMS AND CONDITIONS TO WHICH YOU ARE BOUND.

THESE TERMS AND CONDITIONS OF USE FORM A LEGALLY BINDING AGREEMENT. IF YOU DO NOT AGREE TO ANY OR ALL OF THE PROVISIONS FOUND IN THESE TERMS AND CONDITIONS OF USE, PLEASE IMMEDIATELY EXIT THE WEBSITES. WE RESERVE THE RIGHT TO TERMINATE YOUR USE OF OR ACCESS TO THE WEBSITES OR YOUR ACCOUNT(S) AT ANY TIME, FOR ANY REASON OR NO REASON, INCLUDING, WITHOUT LIMITATION, IF WE LEARN THAT YOU HAVE VIOLATED THESE TERMS AND CONDITIONS OF USE.


Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITES IS AT YOUR SOLE RISK. THE MATERIAL PROVIDED ON THE WEBSITES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE WEBSITES, ANY USE OF THE WEBSITES, AND ANY OTHER WEBSITE TO WHICH THE WEBSITES ARE LINKED. THE COMPANY DOES NOT WARRANT THAT THE MATERIAL ON THE WEBSITES IS COMPLETE OR ACCURATE, THAT USE OF THIS WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS WEBSITES OR SERVERS OR ANY MATERIAL ON THE WEBSITES IS FREE OF DISABLING DEVICES (AS HEREINAFTER DEFINED).

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SERVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.

A “DISABLING DEVICE” IS DEFINED AS ANY SOFTWARE, DOCUMENT, MESSAGE OR OTHER MATERIAL WHICH CONTAINS A COMPUTER VIRUS, WORM, TROJAN HORSE, TIME-BOMB OR OTHER HARMFUL DEVICE WHICH MAY ERASE, SCRAMBLE, LOCK OR DISABLE COMPUTER SOFTWARE OR EQUIPMENT OR MAY PREVENT USERS FROM USING A WEBSITE OR ANY OTHER ITEM OF HARDWARE OR SOFTWARE.


Limitations on Authority

WHILE THE COMPANY USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE WEBSITES, ERRORS OR OMISSIONS MAY SOMETIMES OCCUR.

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE COMPANY, OR ITS OFFICERS, EMPLOYEES, DIRECTORS, MANAGERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THIS WEBSITES, OR THE MATERIAL, INCLUDING WITHOUT LIMITATION, USE OF OR RELIANCE ON THE MATERIAL, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETION OF FILES, DISABLING DEVICES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITES, THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU IS TO DISCONTINUE USE OF THE WEBSITES.

YOU (AND NOT THE COMPANY OR ITS PARENTS OR AFFILIATES) SOLELY ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RELATED TO ANY DAMAGE, HARM, INJURY OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THE WEBSITES AND/OR THEIR CONTENTS.


Third Party Content

The Company may distribute content supplied by third parties on the Websites. Any opinions, advice, statement, services, offers, or other information or content expressed or made available by third parties, including information providers or any other user of the Websites, are those of the respective author(s) or distributor(s) and not of Exxcelrank.


Links to Third Party Sites

The Websites may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Exxcelrank and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Exxcelrank is not responsible for webcasting or any other form of transmission received from any Linked Site. Exxcelrank is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site or any association with its operators.


No Unlawful or Prohibited Use

As a condition of your use of the Websites, you warrant to the Company that you will not use the Websites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Websites in any manner which could damage, disable, overburden, or impair the Websites or interfere with any other party’s use and enjoyment of it. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Websites.


Privacy

Information that you provide to us or that we collect about you when visiting the Websites will be treated in accordance with our Privacy Policy.


Legal Jurisdictions Only

The services described on the Websites are only for persons in those states and jurisdictions where such services may legally be sold. Those who choose to access this website do so at their own initiative and are responsible for compliance with local laws. Some services may not be available in all jurisdictions and nothing on the Websites shall be considered a solicitation to buy or an offer to sell any services to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful.


Access to Password Protected or Secure Areas

Access to and use of password protected or secure areas of the Websites are restricted to authorized persons only. Anyone accessing or who attempts to access such areas without authorization may be subject to prosecution.


Ownership of Information

If you send us any creative materials, such as comments, suggestions, ideas, concepts, drawings, pictures, or other materials (collectively, the “Submissions”), you agree that the Submissions shall be deemed, and shall remain, the property of Exxcelrank. None of the Submissions shall be subject to any obligation of confidentiality on the part of the Company, and Exxcelrank shall not be liable for any use or disclosure of any of the Submissions. Without limitation of the foregoing, Exxcelrank shall exclusively own all now-known or hereafter-existing rights to the Submissions of every kind and nature throughout the world and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.


Locality

Exxcelrank manages and controls the Website from its offices located in Texas (United States of America). The Company makes no representation that the Information or other materials in the Websites are appropriate or available for use in other locations. If you choose to access the Websites outside of the state of Texas you do so on your own initiative; to the extent the local laws in the geographic region in which you are located are applicable to your access of and activities on the Websites you are responsible for compliance with such local laws.


Miscellaneous

These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of Texas, United States of America, without giving effect to any principles of choice of law or conflicts of law that would require the application of the laws of a jurisdiction other than the State of Texas. Venue for all disputes will be the Federal and State courts located in Collin County, Texas. If any provision of these Terms and Conditions of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms and Conditions of Use constitute the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.


Copyright and Trademark Notices

All Material included on the Websites, except third party content as referenced above, is the property of Exxcelrank and is protected by United States and international copyright laws. No portion of the Material on the Website may be reprinted or republished in any form without the express written permission of Exxcelrank or, with respect to third party content, its respective owner. You may download Material from the Website your own personal, non-commercial use only, provided you do not modify the Material and keep intact all copyright and other proprietary notices. You may not further distribute or display such Material for any purpose. Without our prior written consent, you may not (a) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (b) use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts or other automatic device) to monitor or copy our web pages or the content contained thereon; (c) link or deep-link to the Websites for any purpose; or (d) frame the Websites, place pop-up windows over its pages, or otherwise affect the display of its pages.

Certain of the names, logos, and other materials displayed on the Websites may constitute trademarks, tradenames, service marks or logos (“Marks”) of Exxcelrank or third parties. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith, with the exception of the third party Marks, remains with the Company and are protected by United States and international trademark laws. Nothing contained on the Websites should be construed as granting, by implication or otherwise, any license or right to use any of the Marks displayed on the Websites. Your use of the Marks displayed on the Websites, or any other content on the Websites, except as provided herein, is strictly prohibited. All Marks not owned by the Company that appear on the Websites are the property of their respective owners.


Copyright Infringement Policy

In accordance with the requirements set forth in the Digital Millennium Copyright Act, Title 17 United States Code Section 512(c)(2) (“DMCA”), Exxcelrank will investigate notices of copyright infringement and take appropriate remedial action. If you believe that any Content on the Websites has been used or copied in a manner that infringes your work, please provide a written notification of claimed copyright infringement to the Designated Agent for the Websites containing the following elements as set forth in the DMCA:

  • a physical or electronic signature of the owner of the copyright interest that is alleged to have been infringed or the person authorized to act on behalf of the owner;
  • identification of the copyrighted work(s) claimed to have been infringed, including copyright date;
  • identification of the Content you claim to be infringing and which you request be removed from the Website or access to which is to be disabled along with a description of where the infringing Content is located;
  • information reasonably sufficient to allow us to contact you, such as a physical address, telephone number and an email address;
  • a statement by you that you have a good faith belief that the use of the Content identified in your written notification in the manner complained of is not authorized by you or the copyright owner, its agent or the law; and
  • a statement by you that the information in your written notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on behalf of the copyright owner.

The Company’s designated agent for the written notification of claims of copyright infringement can be contacted at the following address:

Designated Agent – Copyright Infringement Claims
Exxcelrank
c/o Greenspoon Marder, Attention: Robby H. Birnbaum, Esq.
Trade Centre South, Suite 700
100 W. Cypress Creek Road
Fort Lauderdale, Florida 33309-2140
Phone: (954) 491-1120
Email: Robby.Birnbaum@gmlaw.com


Indemnification

You agree to indemnify, defend and hold harmless Exxcelrank, its parents, subsidiaries, affiliates, officers, directors, managers and other partners, employees, consultants and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) resulting or arising from (1) any information you (or anyone accessing the your account using your password) submit through the Websites, (2) your violation of these Terms and Conditions of Use or applicable law, (3) your (or anyone using your account/computer/device) violation of any rights of any other person or entity, or (4) any Disabling Device or other similar harmful or deleterious programming routines input by you into the Websites.


Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that the Company may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.


Termination

You agree that the Company, in its sole discretion, may terminate your access to the Websites without prior notice, for any reason or no reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions of Use. FURTHER, YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE WEBSITES. The provisions of these Terms and Conditions of Use shall survive any termination of your access to the Websites, Material or Software.


Violations of Terms and Conditions of Use

Exxcelrank reserves the right to seek any remedy available at law or in equity for any violation of these Terms and Conditions of Use, including the right to block access from a particular Internet address to the Websites, and irreparable harm will be presumed by any violation of these Terms and Conditions of Use.


FEEDBACK AND SUBMISSIONS

Exxcelrank welcomes your feedback and suggestions about its programs or services or with respect to how to improve the Websites. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to Exxcelrank, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to the Company and enable Exxcelrank and/or the Websites to use such feedback. In addition, any feedback received through the Websites will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Exxcelrank and/or the Websites to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback 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, and you hereby waive any claim to the contrary.