Terms of Service

Version 1.0
 

Last Updated 2018.07.25
 

Please read this terms of use agreement (the “Terms of Use”) carefully. This website and any other websites of Excellion Corporation (“Excellion”), its affiliates or agents (collectively, the “Website”) and the information on it are controlled by Excellion. These terms of use govern the use of the Website and apply to all internet users visiting the Website by access or using the Website in any way, (“Users”) including using the services and resources available or enabled via the website (each a “Service” and collectively, the “Services”). The Website, the Services, and the information and content available on the Website are collectively referred to herein as the “Excellion Properties”. The term “you” refers to the individual or legal entity, as applicable, identified as the user when you registered on the Website. If you do not agree to be bound by the terms of service, you may not access or use this Website or the Services.

Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Service or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms of Service are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms of Service and any applicable Supplemental Terms are referred to herein as the “Agreement”.

PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY EXCELLION IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Excellion will make a new copy of the Terms of Service available at the Website and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website. We will also update the “Last Updated” date at the top of the Terms of Service If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website and/or the Services. Otherwise, your continued use of the Website and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT AGREEMENT.

1. Use of the Services and Excellion Properties

The Website provides Users with content and information about our Services and allows Users to subscribe to our mailing list. The Website also allows Users to purchase products through our online store (“Excellion Store”). Once we receive a User’s payment, we will ship the purchased items to the mailing address provided by the User. At this time, we do not allow returns or refunds for purchased items.

2. Trademarks

Excellion and other related graphics, logos, service marks and trade names used on or in connection with Excellion Properties or in connection with the Services are the trademarks of Excellion and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in Excellion Properties are the property of their respective owners.

3. User Conduct

As a condition of your use of the Excellion Properties, you agree not to use Excellion Properties for any purpose that is prohibited by the Agreement or by applicable law.

4. Third-Party Materials, Websites, and Applications

As a part of Excellion Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for Excellion to monitor such materials and that you access these materials at your own risk. Excellion Properties may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”). When you click on a link to a Third-Party Website or Third-Party Application, we will not warn you that you have left Excellion Properties and are subject to the Agreement and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Third-Party Applications are not under the control of Excellion. Excellion is not responsible for any Third-Party Websites or Third-Party Applications. Excellion provides these Third-Party Websites or Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or services. You use all links in Third-Party Websites or Third-Party Applications at your own risk. When you leave our Website, this Agreement and our policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

5. Disclaimer of Warranties and Conditions

5.1 As Is

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF EXCELLION PROPERTIES IS AT YOUR SOLE RISK, AND EXCELLION PROPERTIES (INCLUDING PRODUCTS SOLD THROUGH THE EXCELLION STORE) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. EXCELLION PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE.

(a) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM EXCELLION OR THROUGH EXCELLION PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

5.2 No Liability for Conduct of Third Parties

YOU ACKNOWLEDGE AND AGREE THAT EXCELLION PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD EXCELLION PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES ON THE WEBSITE, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

6. Limitation of Liability

6.1 Disclaimer of Certain Damages

YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL EXCELLION PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH EXCELLION PROPERTIES, THE EXCELLION STORE OR THE LIGHTNING NETWORK, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, WHETHER OR NOT EXCELLION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF EXCELLION PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.

7. International Users

Excellion Properties can be accessed from countries around the world and may contain references to Services and content that are not available in your country. These references do not imply that Excellion intends to announce such Services or content in your country. Excellion Properties are controlled and offered by Excellion from its facilities in Canada. Excellion makes no representations that Excellion Properties are appropriate or available for use in other locations. Those who access or use Excellion Properties from other countries do so at their own volition and are responsible for compliance with local law.

8. General Provisions

8.1 Electronic Communications

The communications between you and Excellion use electronic means, whether you visit Excellion Properties or send Excellion e-mails, or whether Excellion posts notices on Excellion Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Excellion in an electronic form; and (2) agree that all Agreement and conditions, agreements, notices, disclosures, and other communications that Excellion provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

8.2 Assignment

The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Excellion’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

8.3 Questions, Complaints, Claims

If you have any questions, complaints or claims with respect to Excellion Properties, please contact us at: support@excellion.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

8.4 Exclusive Venue

Both you and Excellion agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the Courts of the Province of British Columbia.

8.5 Governing Law

THE AGREEMENT AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF BRITISH COLUMBIA AND CANADA, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THESE AGREEMENT.

8.6 Waiver

Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

8.7 Severability

If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

8.8 Entire Agreement

The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

 

Effective Date: July 25, 2018