Revised: January 1, 2017
1. Your Acceptance
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
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
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.
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.
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:
President and CEO
719 Kasota Ave SE
Minneapolis, MN 55414
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.
14. Ability to Accept Terms of Service
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.
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.