Excelera | Terms of Usage

TERMS OF USE

Revised:  January 1, 2017

1. Your Acceptance

By using and/or visiting the web site www.excelerarx.com including all Content (as defined below) available through excelerarx.com and any associated content such as e-mails and RSS feeds (collectively, the “Website”), which is operated by ExceleraRx, Corp. (“Excelera,” “we,” “our”), you signify your assent to these terms and conditions (the “Terms of Use”).  These Terms of Use as well as any Network Participation Agreement between you, your employer or contractor (“Participant”) and Excelera, if any, govern your use of the Website. In the event of a conflict between the Network Participation Agreement applying to you and these Terms of Use, the terms of the Network Participation Agreement shall prevail.

ATTENTION:  PLEASE READ THESE TERMS OF USE AND OUR PRIVACY POLICY, WHICH ARE PART OF THESE TERMS OF USE, CAREFULLY BEFORE USING THIS WEBSITE.  ACCESSING ANY PART OF THIS WEBSITE OR ASSOCIATED CONTENT SUCH AS EMAILS AND RSS FEEDS INDICATES THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USEIN FULL. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE, ACCESS, OR DOWNLOAD MATERIALS FROM THIS WEBSITE OR ASSOCIATED CONTENT AND LEAVE THE WEBSITE IMMEDIATELY. You acknowledge: (a) that you have read and understood these Terms of Use; and (b) that these Terms of Use have the same force and effect as a signed agreement. 

Excelera reserves the right to modify or discontinue the Website (or any portion of the Website), temporarily or permanently, with or without notice to you, and are not obligated to support or update the Website except as specified in the Network Participation Agreement, if at all. You agree that Excelera shall not be liable to you or any third party in the event that we exercise our right to modify or discontinue the Website (or any portion of the Website).  Unless explicitly stated otherwise, any new features that augment or enhance the current Website shall be subject to these Terms of Use.

These Terms of Use were last revised on January 1, 2017.  We may change these Terms of Use at any time.  Please review the Terms of Use each time you visit the Website. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE TERMS OF USE.

These Terms of Use include a disclaimer of warranties and a disclaimer of liability, as well as indemnification by you, in Sections 11, 12, and 13.  Please review those sections (and all other terms) carefully.

2. Privacy Policy

Excelera’s Privacy Policy describes the information Excelera collects when you and others use this Website. It also describes how Excelera uses any personal information you share with it by using the Website. Excelera’s Privacy Policy is part of these Terms of Use. By agreeing to these Terms of Use, you are also consenting to Excelera’s use of your personal information in accordance with its Privacy Policy. Please click here to review our Privacy Policy.

 3. No Medical Advice

This Website may contain information relating to various health conditions and their treatment. This is for informational purposes only and is not meant to be a substitute for the advice provided by your own physician or other medical professional.  Excelera does not practice medicine or pharmacy or provide medical services or advice.  You should not use the information contained in this Site for diagnosing a medical condition or disease. Always seek the advice of your physician or other qualified health care provider regarding any medical condition or treatment.  If you think you may have a medical emergency, call 911 immediately.

We may also include certain information, reference guides and databases intended for use by licensed medical professionals. These tools are not intended to give professional medical advice. Physicians and other health care providers should always exercise their own clinical judgment for any given situation.

4. Links to and From the Website

a. These Terms of Use apply to all users of the Website, including users who are also contributors of content, information, and other materials or services on the Website. The Website may contain links to third party websites that are not owned or controlled by Excelera. Excelera has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites, and you access and use these websites solely at your own risk. These links are provided for your reference and convenience only, and do not necessarily imply any endorsement, sponsorship or recommendation of the material on these third-party websites or any association with their operators.  In addition, Excelera will not and cannot control or edit the content of any third-party site. By using the Website, you expressly relieve Excelera from any and all liability arising from your use of any third-party website and from any loss or damage of any sort you may incur from dealing with any third party. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions of use for each other website that you visit.

b. Except as you have otherwise agreed with Excelera, you may link to the home page (and no other page) of the Website from your website, subject to the following:  (1) you may not frame the Website or any portion of the Website; (2) you will not override or hinder the functionality of an end-user’s Web browser’s “back” function; (3) the link must be identified using a plain text rendering of the Excelera name and not any Excelera logo; (4) you may not use any Excelera logo in any way; (5) you may not use the link in any way that suggests that Excelera is associated with or endorses you or your website; (6) the link may not appear on any website that a reasonable person may consider obscene, defamatory, harassing, offensive or malicious, and may not be presented in any way that disparages Excelera or damages its reputation or goodwill; and (7) we may terminate your right to link to the Website at any time for any reason or no reason.

5. Website Access/Users Who Violate Terms of Service

a. Excelera hereby grants you permission to use the Website as set forth in these Terms of Use and the Network Participation Agreement, if any, provided that:  (1) you will not copy, download or distribute any part of the Website in any form or medium without Excelera’s prior written authorization, including in a Network Participation Agreement, except for the limited rights expressly permitted herein; (2) you will not alter, modify, or make derivative works from any part of the Website without Excelera’s prior written authorization; and (3) you will otherwise comply with these Terms of Use and the Network Participation Agreement.

b. Excelera may, in appropriate circumstances and at its sole discretion, disable or terminate the accounts of users who violate these Terms of Use, including, but not limited to, the accounts of users who post User Submissions (defined below) that infringe copyrights, trademarks, rights of publicity, or other intellectual property rights.  If users repeatedly infringe the rights of others, their accounts will likely be terminated.

6. Restrictions on Use of the Website

a. In your use of the Website, you shall not:

·         use web crawlers, web robots, web scutters, ants, automatic indexers, bots, worms, and other such devices in connection with the Website; provided, however, that general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Website are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent;

·         post, transmit or submit any confidential, false, misleading, unlawful, infringing, threatening, abusive, harassing, libelous, defamatory, discriminatory, obscene, inflammatory, scandalous, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate the law; 

·         use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use of the Website; 

·         obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Website; 

·         impersonate or misrepresent your affiliation with someone else; 

·         remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Website;

·         collect personally identifiable information of other users or visitors;

·         harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications;

·         solicit other users to join, become members of, or contribute money to any online service or other organization;

·         post or transmit any worms, viruses, Trojans, or other harmful, disruptive, or destructive files, code, or programs to the Website; or

·         use the Website to advertise or perform any commercial solicitation.

b. Excelera will fully cooperate with any law enforcement authorities or court order requesting or directing Excelera to disclose the identity of anyone violating these Terms of Use. 

c. Excelera believes in children’s online safety and does not wish to receive information regarding children under 13 years old.  Therefore, you may not post or transmit any personally-identifiable information of a child under 13 years old or information sufficient to locate such a child on or through the Website.

7. Intellectual Property Rights

a. Everything you see, hear, or otherwise experience on this Website, including but not limited to the videos, text, software, photographs, scripts, graphics, interactive features and the like (collectively, “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Excelera, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Excelera owns the copyright in the selection, coordination, arrangement and enhancement of the Content. Any unauthorized use of any materials on this Website may violate copyright, trademark, and other laws.  “EXCELERA” and the Excelera Logo are trademarks of Excelera. 

b. Content on the Website is provided to you AS IS for your information and personal use or for the benefit of our Participants only. For your personal use or for the benefit of our Participants only, you may (i) view, copy, and print pages of the Website and (ii) view any User Submissions to which you are given access. Otherwise, the Website may not be used, copied, modified, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Excelera. Excelera reserves all rights not expressly granted in and to the Website and the Content. You agree not to use, copy, download, or distribute any of the Content other than expressly permitted herein or in your Network Participation Agreement, including any use, copying, downloading, making derivative works from, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. You may not incorporate the Content into, or stream or transmit the Content via any hardware or software application or make it available via frames or in-line links unless expressly permitted by Excelera in writing.  You may not create, recreate, advertise or distribute an index of a significant portion of the Content unless authorized by Excelera.  You may not build a business using the Content, whether or not for profit.  If you copy or print pages of the Content for personal use or the use of our Participant, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein, nor may you scrape any pages.

8. User Submissions

a. The Website may permit the submission of and/or posting of text, photos, videos, material, information, comments, feedback, notes, messages, ideas, concepts, know-how, techniques, or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are posted or published, Excelera (1) does not guarantee any confidentiality with respect to any User Submissions, (2) does not pay any compensation for User Submissions, and (3) is under no obligation to respond to or post any User Submissions.

b. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. However, by submitting the User Submissions to Excelera, you hereby grant Excelera and its successors, assigns, and affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, broadcast, perform, make, use, import, offer to sell, sell, and otherwise transfer and exploit all copyrights, inventions, and other intellectual property rights in the User Submissions in connection with the Website and Excelera’s (and its successors’, assigns’, and affiliates’) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any form and media formats and through any media channels. You also hereby grant each user of the Website a worldwide, non-exclusive, royalty-free license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use.

c. In connection with User Submissions, you represent and warrant that you will not:  (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Excelera all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Excelera or any third party; and (iii) submit material that is otherwise inappropriate. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your posting or submitting User Submissions.  Excelera does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Excelera expressly disclaims any and all liability in connection with User Submissions. Excelera does not permit copyright infringing activities, infringement of rights of publicity, or infringement of other intellectual property rights on its Website, and Excelera will remove all Content (including User Submissions) if properly notified that such Content or User Submission infringes on another’s rights. (See Section 9 below). Excelera may or may not monitor User Submissions.  Excelera reserves the right to remove Content (including User Submissions) without prior notice and for any reason. Excelera also reserves the discretion to decide whether Content (including a User Submission) is appropriate and complies with these Terms of Use.

d. You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that Excelera is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are 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 Excelera with respect thereto, and agree to indemnify and hold Excelera, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

9. Notice and Procedure for Making Claims of Intellectual Property Infringement

If you are an intellectual property owner or an agent thereof and believe that either (1) any Content on the Website or (2) any material or activity contained on an online location to which Excelera has referred or linked users, infringes upon your intellectual property rights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) and 512(d) for further detail):

a. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

b. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works on the Website;

c. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (or in the case of referrals or links that are claimed to lead to infringing material or activity, identification of the reference or link that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link);

d. information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;

e. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

f. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notification pursuant to the DMCA should be submitted to:

Jim Fox

President and CEO

ExceleraRx Corp.

719 Kasota Ave SE

Minneapolis, MN 55414

612-293-0378

You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.  E-mails or notices sent to Excelera without a proper subject line, or for purposes other than communication about intellectual property claims, may not be acknowledged or responded to.

10. Trademarks and Celebrity Material

a. Excelera responds to complaints that Content infringes trademarks or celebrity material. Trademarks include logos, brand names, and trade dress, which is the distinctive visual appearance of a product or its packaging.

b. Please be aware that celebrities, and sometimes others, may have a "right of publicity," which means that they may have a right to control commercial uses of their name, image, likeness, and other aspects of their identity. Although you may be a fan, you risk infringing celebrity rights if you use a celebrity name or likeness on the Website and you don't have the celebrity's permission.

If you are a trademark owner or a celebrity and you believe your rights have been infringed the Website, please submit a notification of infringement to our agent listed in Section 9 above.

c. To submit a notification, you must be the trademark owner or celebrity or an authorized agent of the trademark owner or celebrity.

d. When submitting a notification of trademark or trade dress infringement, provide a copy of the relevant trademark or trade dress registration(s) from the U.S. Patent and Trademark Office. Please also provide the location on the Website where you believe the infringement is occurring.

11. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, EXCELERA, ITS OFFICERS, DIRECTORS, MEMBERS, STOCKHOLDERS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF AND ANY CONTENT AND SERVICE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, THE USE OF REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, EXCELERA DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE OR ON ANY WEBSITES LINKED TO THIS WEBSITE IS ACCURATE, COMPLETE OR CURRENT OR THAT THE WEBSITE OR ANY SERVICE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.  ALTHOUGH EXCELERA STRIVES TO UPDATE INFORMATION ON A PERIODIC BASIS, IT IS SOLELY YOUR RESPONSIBILITY TO VERIFY ALL INFORMATION ON THE WEBSITE.  EXCELERA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION), RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE INCLUDING ANY SERVICE, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. 

12. Limitation of Liability

IN NO EVENT SHALL EXCELERA, ITS OFFICERS, MEMBERS, STOCKHOLDERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THIS WEBSITE, INCLUDING WITHOUT LIMITATION, FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, (V) USER SUBMISSIONS, THIRD PARTY WEBSITES AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT WHEREIN SUCH CONTENT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, INDEMNIFICATION, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EXCELERA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

ANY CLAIMS RELATING TO USE OF THE WEBSITE MUST BE BOUGHT WITHIN ONE (1) YEAR FROM THE DATE THE CAUSE OF ACTIONS AROSE.  CLAIMS BROUGHT AFTER SUCH PERIOD ARE VOID.  THE WEBSITE IS CONTROLLED AND OFFERED BY EXCELERA FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. EXCELERA MAKES NO REPRESENTATIONS THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL JURISDICTIONS. THOSE WHO ACCESS OR USE THE WEBSITE DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL AND ALL OTHER APPLICABLE LAWS, RESTRICTIONS, AND REGULATIONS.

13. Indemnity

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EXCELERA, ITS OFFICERS, MEMBERS, STOCKHOLDERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS AND SUPPLIERS FROM AND AGAINST ANY CLAIMS, LOSSES, OBLIGATIONS, DEMANDS, LIABILITIES, EXPENSES, DAMAGES, COSTS, DEBT, AND ATTORNEY’S FEES RESULTING FROM: (1) YOUR USE OF, ACCESS TO, OR MISUSE OF THE WEBSITE; (2) YOUR VIOLATION OF ANY TERM OF THESE TERMS OF USE; (3) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; (4) ANY CLAIM THAT ONE OF YOUR USER SUBMISSIONS CAUSED DAMAGE TO AN INDEMNIFIED PARTY OR A THIRD PARTY; (5) ANY ACTIVITY RELATED TO YOUR INTERNET ACCOUNT OR USING YOUR EMAIL ADDRESS AND PASSWORD (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR INTERNET ACCOUNT; OR (6) ANY TRANSACTION YOU CONDUCT AS A RESULT OF THE CONTACT FACILITATED BY THE WEBSITE.  IF EXCELERA DOES TAKE ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TERMS OF USE, EXCELERA WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEYS’ FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO EXCELERA.

14. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, warranties, and indemnification set forth in these Terms of Use, and to abide by and comply with these Terms of Use. The Website is not intended for children under 13.  If you are under 13 years of age, then please do not use the Website.

15. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Excelera without restriction and without notice to you.

16. Modifications to Service

Excelera reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that Excelera shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.

17. Export Control

Software and the transmission of applicable technical data, if any, in connection with the Website may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.

18. General

You agree that: (i) the Website shall be deemed solely based in Minnesota, United States of America; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Excelera, either specific or general, in jurisdictions other than Minnesota. These Terms of Use shall be governed solely by United States and Minnesota law, without regard to conflict of law provisions. Any claim or dispute between you and Excelera or its officers, members, stockholders, directors, employees, agents, affiliates, licensors or suppliers that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Hennepin County, Minnesota. You further irrevocably agree to submit to the personal jurisdiction of the courts located within Hennepin County, Minnesota, for the purpose of resolving all such claims or disputes. Any Network Participation Agreement with Excelera, these Terms of Use, the Privacy Policy and any other legal notices published by Excelera on the Website, shall constitute the entire agreement between you and Excelera concerning the Website. If any provision of these Terms of Use are held by a court or other tribunal of competent jurisdiction, to be invalid, void, or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Excelera’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Excelera reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.

19. Questions

If you have questions, please contact Excelera by filling out our contact form  or calling us at 612-293-0378.  

 

 

Last revised:  January 1, 2017.