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