Terms and Conditions

Last updated: April 06, 2023

Interpretation and Definitions

Interpretation

Words with initial capitalization have meanings defined in these conditions and maintain the same meaning in singular or plural form.

Definitions

For purposes of these Terms and Conditions:

• Affiliate: An entity controlling, controlled by, or under common control with a party, where “control” means ownership of 50% or more of shares or voting securities.
• Country: North Carolina, United States.
• Company: EXCELENT LLC, located at 68 T.W. Alexander Drive, PO Box 13628, Research Triangle Park, Durham, NC 27709.
• Device: Any device accessing the Service (computer, cellphone, tablet, etc.).
• Service: The Website.
• Terms and Conditions: This agreement forming the entire understanding between You and the Company regarding Service use.
• Third-party Social Media Service: Services or content provided by third parties displayed through the Service.
• Website: ExcelENT, accessible from https://www.excelentmedical.com/.
• You: The individual or legal entity accessing or using the Service.

Acknowledgment

These Terms govern Service use between You and the Company. Access and use are conditioned on your acceptance and compliance.

You represent being over 18 years old. The Company does not permit those under 18 to use the Service.

Your use is also conditioned on accepting the Company’s Privacy Policy.

Links to Other Websites

The Service may contain links to third-party websites not owned by the Company. The Company assumes no responsibility for third-party content, privacy policies, or practices and is not liable for damages from third-party resources.

We advise reviewing third-party terms and privacy policies before visiting.

Termination

The Company may terminate or suspend your access immediately without notice for any reason, including breach of these Terms. Upon termination, your right to use the Service ceases immediately.

Limitation of Liability

The Company’s entire liability is limited to amounts actually paid through the Service or $100 USD if no purchase was made.

The Company is not liable for special, incidental, indirect, or consequential damages, including lost profits, data loss, business interruption, or privacy loss, even if advised of such possibility.

Some states prohibit liability limitations for certain damages, so some exclusions may not apply.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided “AS IS” and “AS AVAILABLE” with all faults. The Company disclaims all warranties — express, implied, statutory, or otherwise — regarding the Service.

The Company makes no representation that the Service will meet your requirements, achieve intended results, work with other software, operate without interruption, meet performance standards, be error-free, or that errors will be corrected.

The Company provides no warranty regarding operation, availability, information accuracy, uninterrupted service, or that servers or content are free from viruses, malware, or harmful components.

Some jurisdictions prohibit warranty exclusions, so some limitations may not apply to you.

Governing Law

These Terms and your Service use are governed by North Carolina law, excluding conflict of law rules. Other local, state, national, or international laws may also apply.

Disputes Resolution

To resolve any dispute, you agree to first contact the Company informally.

For European Union (EU) Users

EU consumers benefit from mandatory legal provisions of their resident country.

United States Legal Compliance

You represent and warrant that you are not located in countries subject to U.S. embargo or designated as “terrorist supporting” and are not on U.S. prohibited or restricted parties lists.

Severability and Waiver

Severability

If any provision is unenforceable, it will be modified to achieve its objectives under applicable law, with remaining provisions continuing in effect.

Waiver

Failure to exercise rights or enforce obligations does not prevent future enforcement, and waiving one breach does not waive subsequent breaches.

Translation Interpretation

These Terms may have been translated. The original English text prevails in disputes.

Changes to These Terms and Conditions

The Company reserves the right to modify these Terms at any time. Material revisions require reasonable 30-day notice. Continued use following revisions means you agree to new terms.

Contact Us

For questions about these Terms and Conditions, contact legal@excelentmedical.com.