Terms & Conditions
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Latest Revision: May 19th, 2016
The Excel Generation Platform is not available to persons under the age of majority in their jurisdiction or to any users previously suspended or removed from the Excel Generation Platform by Excel Generation. If you are using or opening an account on the Excel Generation Platform on behalf of a company, entity, or organization (collectively “Subscribing Organization”), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization. by downloading, installing or otherwise using the excel generation platform, you represent that you meet the eligibility requirements in this Section. In any case, you affirm that you are over the age of 13.
2. PRIVACY; ADDITIONAL TERMS
3. INDIVIDUAL FEATURES AND SERVICES.
When using the Excel Generation Platform, You will be subject to any additional posted guidelines or rules applicable to specific services and features that may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into these Terms.
4. MODIFICATION OF THESE TERMS
Excel Generation reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the Excel Generation Platform after the posting of changes constitutes Your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective ten days after they are initially posted on the Excel Generation Platform. We will always make a reasonable effort to notify You if we do change these Terms.
5. DIGITAL MILLENNIUM COPYRIGHT ACT
Please note that since we respect authors’ and content holders’ rights, it is Excel Generation’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the “DMCA”). For more information, please go to Excel Generation’s DMCA Notification Guidelines. Please note that Excel Generation will promptly terminate without notice any User’s access to the Excel Generation Platform if that User is determined by Excel Generation to be a “repeat infringer”. A repeat infringer is a User who has been notified by Excel Generation of infringing activity violations more than twice and/or who has had their User Content or any other user-submitted content removed from the Excel Generation Platform more than twice.
6. LICENSE GRANT TO UPLOAD AND DOWNLOAD
Subject to Your compliance with the terms and conditions set out in these Terms, Excel Generation hereby grants to You a personal, limited, non-exclusive, non-transferable, freely revocable license to use the Excel Generation Platform for the uploading, organizing and/or distributing of authorized digital content, commentary, posts, learning paths, including electronic documents (“User Content”) and the right to download (including, without limitation download to a portable device), User Content is uploaded and/or created at Your own risk. Notwithstanding anything to the contrary herein, Excel Generation does not guarantee that there will be no unauthorized copying or distribution of User Content nor will Excel Generation be liable for any unauthorized copying or usage of the User Content. Subject to Your compliance with the terms and conditions set out in these Terms, Excel Generation hereby grants to You a limited, non-exclusive, non-transferable, freely revocable license to view, print, and have printed User Content for personal use subject to any express restrictions contained in the license under which such User Content is distributed. In certain circumstances as reflected on our site, you may not be allowed to download, print, copy or have printed User Content.
7. THIRD PARTY CONTENT
You understand that when using the Excel Generation Platform. You will be exposed to User Content from a variety of third party sources, and that Excel Generation is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that You may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Excel Generation with respect thereto. Excel Generation does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Excel Generation expressly disclaims any and all liability in connection with User Content. For clarity, Excel Generation does not permit copyright infringing activities on the Excel Generation Platform.
8. TEST RESULTS DISCLAIMER
The test includes scanning and measuring your fingerprints, multiple-choice questions.
1. The fingerprints may show some psychological or physical disorders that is not the concern or basis for the test and likewise will not be dispensed to the client. Excel Generation will not take responsibility for the test results or the delivery of the results.
2. Excel Generation will not take responsibility for the future failures of the Client because of any reveal of test results.
8. INFORMATION DISCLAIMER:
The information provided on this website is for educational purposes only, and is not to be interpreted as a recommendation for a specific treatment plan, product, or course of action. This website does not provide specific medical advice, and is not engaged in providing medical services. Information on this website does not replace consultation with qualified a health or medical professional who sees you in person, for your health and your medical needs. Please see a physician or health professional immediately if you suspect you may be ill or injured.
You agree to indemnify, save, and hold Excel Generation, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of the Excel Generation Platform, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. Excel Generation reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Excel Generation, and You agree to cooperate with Excel Generation’s defense of these claims. Excel Generation will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
10. NO WARRANTIES
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EXCEL GENERATION, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EXCEL GENERATIONOR THROUGH THE EXCEL GENERATION PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEGE THAT AS USED IN THIS SECTION XIV, THE TERM EXCEL GENERATION INCLUDES EXCEL GENERATION’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND EXCEL GENERATION. EXCEL GENERATIONWOULD NOT BE ABLE TO PROVIDE THE EXCEL GENERATIONPLATFORM TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
11. LIMITATIONS BY APPLICABLE LAW
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
12. JURISDICTION AND GOVERNING LAW
These Terms will be governed by and construed in accordance with the laws of the CALIFORNIA STATE, without giving effect to any principles of conflicts of law.
You agree that any action at law or in equity arising out of or relating to these Terms or Excel Generation will be filed only in the state or federal courts in and for Excel Generation, and You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
Excel Generation may ask for your identity information, such as name, encoding number, date of birth, contact information, or security questions. This ensures we deliver the right report to the right person. After Excel Generation scans your fingerprints, we will derive only necessary numeric data for the analysis, and erase all pictures of your fingerprints with your observation. These numeric data do not represent your whole fingers; this guarantees your fingerprint captures will be deleted from our record and your identity is protected.
After the service is completed, your full report and consulting profile will be deleted from our system. We may ask for your permission to use your analysis for research only, we will erase all of your identity information; furthermore this will requires your signature.
14. FEES and REFUNDS
Payments. In order to our services a User must possess either a valid credit card or a PayPal account (https://www.paypal.com).
Refunds. Each and every token purchase requires an upfront and immediate charge to your credit card depending on the number of tokens that you elect to purchase. We do not provide any refunds on any token purchases nor do we provide refunds on the use of tokens against any of our premium assets.
For any questions, please contact us at firstname.lastname@example.org.