Terms of use

READ CAREFULLY. This Terms of Use Agreement (“Terms of Use” or “Agreement”) applies to You (“You”) and Your (“Your”) use of www.exceleratorconsulting.com (“Site”).  The Site is the property of Excelerator Consulting INC, a New Jersey limited liability company, “EXCELERATOR CONSULTING INC” or “We” together with its parents, subsidiaries, affiliates, and designees. EXCELERATOR CONSULTING INC is a Consulting Group focused on human resources and business services.  We provide Human Resource and Business Consulting Services to clients.  Our services can be purchased on a per-project and/or on a retainer basis.  We also provide consulting for individuals seeking career guidance services. We do not guarantee outcomes.

EXCELERATOR CONSULTING INC reserves the right, at its sole discretion, to change, add, or remove portions of the Terms of Use at any time without notice.  It is Your responsibility to review the Terms of Use each time before using the Site.  Your continued use of the Site following the posting of changes will mean that You accept and agree to the changes. You agree that use of the Site, the purchase of a subscription, or any other purchase on this Site or on another website linked to by this site will subject You to the Terms of Use. As long as You comply with the Terms of Use and any such modifications, EXCELERATOR CONSULTING INC grants You a personal, non-exclusive, non-transferable, non-sub-licensable, limited privilege to enter and use the Site.

Consent to Collection, Usage, and Disclosure of Your Personal Information. As more fully described in the Privacy Policy below, You must disclose certain personally identifiable information to use the Site and purchase services from EXCELERATOR CONSULTING INC.  As a condition of using the Site, You represent that You have first read the Privacy Policy and consent to the collection, usage, and disclosure of Your personally identifiable information and non-personally identifiable information as described in the Privacy Policy. The Privacy Policy may change from time to time.  Accordingly, as a condition of browsing the Site or using any features, You agree that You will first review the Privacy Policy prior to using the site.  While EXCELERATOR CONSULTING INC takes reasonable steps to safeguard and to prevent unauthorized access to Your information, EXCELERATOR CONSULTING INC cannot be responsible for the acts of those who gain unauthorized access to the Site or Your information and EXCELERATOR CONSULTING INC makes no warranty, express, implied, or otherwise that EXCELERATOR CONSULTING INC will prevent unauthorized access to Your information.  IN NO EVENT SHALL EXCELERATOR CONSULTING INC NOR ITS SUBSIDIARIES, CLIENTS, ASSOCIATES, AFFILIATES, OR DESIGNEES NOR THEIR EMPLOYEES, DIRECTORS, OFFICERS, CLIENTS, ASSOCIATES, AFFILIATES, LICENSEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DESIGNERS, CONTRACTORS, DISTRIBUTORS, MERCHANTS, SPONSORS, LICENSORS, OR THE LIKE (COLLECTIVELY “ASSOCIATES”) NOR THEIR SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT, OR OTHER THEORIES OF LIABILITY, AND REGARDLESS OF WHETHER EXCELERATOR CONSULTING INC WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

Intended Users. The Site is intended for use by individuals over the age of eighteen (18).  The Site is not intended for use by children under the age of eighteen (18).  Users of the Site under the age of eighteen (18) require the assistance of a parent or guardian.

Indemnification.You agree to indemnify and hold harmless EXCELERATOR CONSULTING INC and its affiliates and their successors, assigns, and other Users from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of or related to Your use of the Site, Your violation or alleged breach of the Terms of Use, Your dispute with another User, the unauthorized access to your information held by EXCELERATOR CONSULTING INC, Your subscription, or Your violation of any law, regulation, or third-party right.

Copyright and Intellectual Property Policy. All names, logos, service marks, and trademarks appearing in this Site, including the trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, and all other intellectual property (“Content”), except as otherwise noted, are protected intellectual property of, or used with permission or under license by, EXCELERATOR CONSULTING INC, its Clients, and its Affiliates.  This includes the entire Content of the Site, copyrighted and protected as a collective work.

The use or misuse of these trademarks or any other content on this Site, except as provided in these Terms of Use or in the Site content, is strictly prohibited.  You may print copies of the information on this Site for your personal use, store the files on your computer for personal use, or reference this server from your own documents.  However, you may not distribute text or graphics to others without our express written consent.  Also, you may not, without our permission, copy and distribute this information on any other server or modify or re-use text or graphics on this system or another system.  We reserve all other rights.

Your use of the Site is limited to personal and non-commercial use only unless other uses are granted expressly to you.  You may not copy, distribute, modify, transmit, reuse, re-post, or otherwise display the Site Content for public or commercial purposes without EXCELERATOR CONSULTING INC’s prior written permission for such use of Content.  You may not harvest or otherwise collect information about others, take any action that imposes an unreasonably large load on the Site’s servers, violate the security of the Site, or engage in any other conduct that exposes us or any of our users to any liability or potential harm.

EXCELERATOR CONSULTING INC respects the intellectual property of others and we ask our users to do the same. EXCELERATOR CONSULTING INC has no responsibility for content on other Sites that you may find or access when using the Site.  Material available on or through other Sites may be protected by copyright and the intellectual property laws of the United States and/or other countries.  The Terms of Use of those Sites, and not this Site’s Terms of Use, govern your use of that material.

DISCLAIMER OF WARRANTIES. By using the Site, You expressly agree that use of the Site is at Your sole risk. The Site is provided on an “AS IS” and “as available” basis.  Neither EXCELERATOR CONSULTING INC nor its Affiliates or Clients warrant that use of the Site will be uninterrupted or error-free. Neither EXCELERATOR CONSULTING INC nor its Affiliates or Clients warrant the accuracy, integrity, or completeness of the content provided on the Site or the products or services offered for sale on the Site. Further, EXCELERATOR CONSULTING INC makes no representation that content provided on the Site is applicable to or appropriate for use in all locations and for all persons. EXCELERATOR CONSULTING INC and its Affiliates or Clients specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title and merchantability or fitness for a particular purpose. No oral advice or written information given by EXCELERATOR CONSULTING INC or its Affiliates or Clients shall create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to You. EXCELERATOR CONSULTING INC does not guarantee any outcome.EXCELERATOR CONSULTING INC does not provide legal advice and no advice given shall be interpreted to be legal advice.

LIMITATION OF LIABILITY. Under no circumstances shall EXCELERATOR CONSULTING INC, its Affiliates, or its Clients be liable for any direct, indirect, incidental, special, or consequential damages that result from Your use of, or inability to use the Site, including but not limited to reliance by You on any information obtained from the Site that results in mistakes, omissions, interruptions, deletion, or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort, or any other claim, even if an authorized representative of EXCELERATOR CONSULTING INC has been advised of or should have knowledge of the possibility of such damages.  You hereby acknowledge that this paragraph shall apply to all, including but not limited to, content, merchandise, offers, promotions, coupons, and services promoted or available through the Site. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You. EXCELERATOR CONSULTING INC does not guarantee any outcome. EXCELERATOR CONSULTING INC does not provide legal advice and no advice given shall be interpreted to be legal advice.

EXCELERATOR CONSULTING INC IS NOT RESPONSIBLE FOR ANY AND ALL HARM THAT ARISES FROM THE USE OF ITS SERVICES.  YOU AGREE TO HOLD EXCELERATOR CONSULTING INC FREE FROM ANY AND ALL LIABILITY IN TORT, CONTRACT, OR ANY OTHER LEGAL THEORY FOR ANY AND ALL HARM THAT ARISES FROM THE USE OF THE SERVICES EXCELERATOR CONSULTING INC PROMOTES. YOU AGREE TO HOLD EXCELERATOR CONSULTING INC FREE FROM ANY AND ALL DAMAGES ARISING FROM THE USE OF ANY SERVICES EXCELERATOR CONSULTING INC PROMOTES.

Termination. EXCELERATOR CONSULTING INC may terminate Your access to the Site at any time, for any reason without notice in its sole discretion.  You are personally liable for any engagements on the Site prior to termination.  YOU AGREE THAT EXCELERATOR CONSULTING INC WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR TERMINATION OF YOUR ACCESS TO THE SITE OR YOUR EXCELERATOR CONSULTING INC ACCOUNT.  EXCELERATOR CONSULTING INC reserves the right to change, suspend, or discontinue any or all aspects of the Site at any time, without notice, in its sole discretion.  If You become dissatisfied with the Site, Your only recourse is to immediately discontinue use of the Site.  We do not provide refunds for services rendered. We do not guarantee outcomes. Business subscription services can be canceled with thirty (30) day written notice. Billing will be prorated based on the date of said notice.  Cancellation for career services is not applicable.

DISPUTE RESOLUTION, BINDING ARBITRATION. PLEASE READ THIS SECTION CAREFULLY.  THROUGH USE OF THIS SITE YOU ARE GIVING UP RIGHTS THAT YOU MAY OTHERWISE HAVE.  IT PROVIDES FOR RESOLUTION OF DISPUTES THAT YOU OR EXCELERATOR CONSULTING INC MAY HAVE WITH EACH OTHER THROUGH INDIVIDUAL ARBITRATION INSTEAD OF THROUGH COURT TRIALS, JURY TRIALS, OR CLASS ACTIONS.  ARBITRATION IS FINAL AND BINDING AND SUBJECT TO LIMITED REVIEW BY A COURT.  THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

This Section is intended to be interpreted broadly to encompass all disputes or claims arising out of this Agreement, or Your purchase, or use of any product or service from EXCELERATOR CONSULTING INC.

ANY DISPUTE OR CLAIM MADE BY YOU AGAINST EXCELERATOR CONSULTING INC ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR YOUR PURCHASE OR USE OF ANY EXCELERATOR CONSULTING INC SERVICE OR PRODUCT REGARDLESS OF WHETHER SUCH DISPUTE OR CLAIM IS BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY (TOGETHER, A “DISPUTE”) WILL BE RESOLVED BY INFORMAL NEGOTIATIONS OR THROUGH BINDING ARBITRATION, AS DESCRIBED BELOW.

Informal Negotiations. To expedite resolution and control the cost of a Dispute, you and EXCELERATOR CONSULTING INC agree to first attempt to resolve a Dispute informally for at least thirty (30) days before initiating any arbitration.  Such Informal Negotiations will commence upon written notice from one party to the other.  You must send Your notice to This email address is being protected from spambots. You need JavaScript enabled to view it..  Please include in the subject line of the email “Request to Negotiate”.

Arbitration Procedures. If You and EXCELERATOR CONSULTING INC are unable to resolve a Dispute through Informal Negotiations, either You or EXCELERATOR CONSULTING INC may elect to have a Dispute resolved by binding arbitration by notifying the other party of such election, only if not satisfied with the remedy after informal negations are complete.

YOU AND EXCELERATOR CONSULTING INC AGREE THAT IN THE EVENT EITHER PARTY ELECTS TO ARBITRATE, THE ARBITRATOR(S) DECISION SHALL BE BINDING.  FURTHERMORE, ALL PARTIES TO THE ARBITRATION PROCEEDING AGREE AND CONSENT THAT ALL ARBITRATION PROCEEDINGS SHALL BE HELD IN MIDDLESEX COUNTY, NEW JERSEY.

You and EXCELERATOR CONSULTING INC agree to waive the right to litigate any Dispute in court and before a jury, and agree that this Arbitration provision will be governed by the Federal Arbitration Act to the maximum extent permitted by law. You and EXCELERATOR CONSULTING INC further agree that any arbitrator that arbitrates a Dispute under this provision is without jurisdiction to conduct a class arbitration or other representative proceeding, and may not consolidate one person’s claims with another.

You and EXCELERATOR CONSULTING INC agree that all issues of enforceability of this Agreement to Arbitrate – including issues relating to scope, validity, and unconscionability – will be decided by the arbitrator. If for any reason this Arbitration Provision is deemed inapplicable or invalid, You and EXCELERATOR CONSULTING INC both waive, to the fullest extent allowed by law, the right to a jury trial and any claims relating to a Dispute to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.

The Arbitration will be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and the AAA’s Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Procedures”), both of which are available at the AAA website www.adr.org, or which may be acquired by calling the AAA at 1 (800) 778-7879.

Any Arbitration will be confidential, and neither You nor EXCELERATOR CONSULTING INC may disclose the existence, content, or results of any Arbitration, except as may be required by law or for purposes of enforcement of the arbitration award.  Judgment on any arbitration award may be entered in any court having proper jurisdiction.

If any portion of this Arbitration Provision is determined by a court or the arbitrator to be inapplicable or invalid, then the remainder shall still be given full force and effect.

No delay or failure to take action under the Terms of Use shall constitute any waiver by EXCELERATOR CONSULTING INC of any provision of the Terms of Use. If any provision of the Terms of Use is found to be invalid or unenforceable under applicable law, it shall be severed from the Terms of Use, and the remaining provisions of the Terms of Use shall continue in full force and effect. The Terms of Use will bind and inure to the benefit of EXCELERATOR CONSULTING INC successors and assigns. Any Dispute under the Terms of Use shall be brought within one (1) year after the date of which the cause of action arises.

Costs of Arbitration. Payment of all arbitrator fee’s, expenses, and administrative fees (which include filing and hearing fees) shall be paid for by the Party electing to Arbitrate. Where not in conflict with any of EXCELERATOR CONSULTING INC’s Terms of Use, the Arbitration procedure will be governed by the American Arbitration Association.

In all Arbitrations, each party will bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence at the arbitration.

Assignment, Delegation, Transferability. The Terms of Use is personal to You and may not be transferred, assigned, or delegated to anyone.  Any attempt by You to assign, transfer, or delegate the Terms of Use shall be null and void. EXCELERATOR CONSULTING INC may freely assign the Terms of Use without consent or notice.

Notice. Except as expressly stated otherwise, all notices shall be given to EXCELERATOR CONSULTING INC or its Affiliates or their successors or assigns at This email address is being protected from spambots. You need JavaScript enabled to view it., 151 County Rd 516 #794, Old Bridge, NJ 08857, United States, or to You at the email address You provide to EXCELERATOR CONSULTING INC. Notice shall be deemed given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. The Terms of Use (including all documents expressly incorporated herein by reference) constitutes the complete and exclusive Agreement between EXCELERATOR CONSULTING INC and You, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. All provisions in the Terms of Use regarding representations and warranties, indemnification, disclaimers, and limitations of liability, shall survive the termination of the Terms of Use.
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