Terms and Conditions
Welcome to Xcelus, owned and operated by Xcelus LLC and its subsidiary, affiliate, and succeeding organizations (collectively referred to here as "Xcelus"). Xcelus is currently one of the top choices for online video platforms, video production, multimedia and training among leading global organizations and government agencies. Access and “use” of the “products and services”—including all information, documents, communications, files, text, graphics, and software—Xcelus makes available on this website (“site”) are subject to the terms and conditions set forth. Xcelus reserves the right to make changes and modifications to this document and site at any time, thus it is the responsibility of the user to check for updates. In addition, if there are special products and services provided by Xcelus that have separate terms and conditions or legal agreements of any kind set forth, those shall take precedence for that specific product. By affiliating yourself in any way to this site—using, citing, downloading, or installing products or services—you agree to be bound by, and to comply with these terms and conditions.
Limited Use Agreement
The products and services of the site are protected under United States copyright laws. Products and services of this Web Site include both content owned or controlled by Xcelus and content owned or controlled by third parties and licensed to Xcelus. Any use of them for commercial or personal use must cite Xcelus LLC as the creator of aforementioned products and services. From time to time, this site may provide games, quizzes, or white papers (referred to collectively as and grouped with others as “products”) available for free download and use in your company’s training programs. Although the limited use rules allow you to copy, duplicate, or use such products and services, you agree not to resell, assign, sublicense, utilize directly for profit, delegate or otherwise transfer your rights to them without prior express written authorization of Xcelus.
Restrictions and Termination of Use
Xcelus reserves the right, in its sole discretion, to terminate your access to and use of the Web Site or any part hereof for any reason whatsoever, including, without limitation, if Xcelus believes that you have violated or acted inconsistently with the letter or spirit of this Agreement; provided, however, that Xcelus will have no liability or responsibility for the performance or nonperformance of such activities. Xcelus may also, in its sole discretion and at any time, discontinue operation of the Web Site, or any part hereof. Any such termination may be effected without any prior notice. Upon any such termination, Xcelus requires that you discontinue use of any products or services received in or through the Site. Xcelus shall not be liable to you or any third-party for any termination of your access to the Web Site. Furthermore, in the event Xcelus chooses to terminate rights of use, we also reserve the right to take any other action that may, in our sole discretion, be deemed appropriate.
Links
The Web Site may contain links to other web sites ("Linked Sites"). Linked Sites are not under the control of Xcelus and Xcelus is not responsible for the contents thereof. These links are provided to you only as a convenience, and inclusion of a link does not imply endorsement of the Linked Site by Xcelus or any association with its operators. You acknowledge and agree that Xcelus shall not be responsible or liable for any damage or loss caused by or in connection with use of or reliance on any content, goods or services available on or through any Linked Site.
Submissions of Ideas
Xcelus is always improving its Products and Services and developing new features. If you have ideas regarding improvements or additions to the Xcelus, we would like to hear them -- but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO XCELUS BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO XCELUS, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO XCELUS THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT XCELUS IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY XCELUS, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
User Communications
You consent to receive communications from Xcelus concerning your use of the Products and Services ("Communications"). The Communications may be those that Xcelus is required to send to you by law concerning the Products and Services ("Required Communications"). The Communications may also be those that Xcelus sends to you for other reasons. You consent to receive Communications electronically. Xcelus may provide these Communications to you by sending an email to the email address you provided in connection with your account. You also consent to receive Communications by telephone or by postal mail sent to the postal address you provided in connection with your account. You may change the email or postal address to which Xcelus sends Communications by visiting your account information page.
For a period of 120 days from the date that Xcelus first provided a Required Communication to you in electronic form, you may request a paper copy of such Required Communication by sending a request to Xcelus, LLC, 3311 North University Ave, Suite 200, Provo, UT 84604, Attention: Customer Service (the "Customer Service Address"). Xcelus may charge a reasonable fee for providing paper copies. You may, without payment of special fees, withdraw your consent to receive Required Communications electronically by sending a notice to the Customer Service Address that identifies your full name, user name and postal mailing address. However, if you withdraw such consent, then Xcelus reserves the right to terminate your right to use the Products and Services, including, without limitation, by terminating your account and any subscription services that you may have.
In order to receive Required Communications, you must provide Xcelus, upon registration on the Site, a valid email address to which we may send electronic mail. Xcelus will not be held liable if your hardware or your software does not support email communications.
Relationship of Parties
You acknowledge and agree that you and Xcelus are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other
Certain Copyright Issues
Xcelus respects the intellectual property of others, and we ask our users to do the same. Xcelus may, in appropriate circumstances and at its discretion, remove, or disable access to material on the Web Site that it believes may infringe on the rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Xcelus' copyright agent the following information:
No Warranties; Limitation of Liability; Disclaimer of Damages
THE WEB SITE AND ALL THE CONTENTS HEREOF ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. XCELUS AND ITS AFFILIATES AND THIRD PARTIES ASSOCIATED WITH THE WEB SITE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS. XCELUS AND ITS AFFILIATES AND THIRD PARTIES ASSOCIATED WITH THE WEB SITE, MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEB SITE OR THE CONTENTS HEREOF. XCELUS DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ITEMS. IF YOUR USE OF THE WEB SITE OR THE CONTENTS HEREOF RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, XCELUS IS NOT RESPONSIBLE FOR THOSE COSTS. MUCH OF THE MATERIAL ON THE WEB SITE IS PROVIDED BY THIRD PARTIES AND XCELUS SHALL NOT BE HELD RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL. YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS OR OTHER CONTENTS OF THE WEB SITE OR WITH THIS AGREEMENT, XCELUS'S PRIVACY POLICY, OR OTHER POLICIES, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE WEB SITE. ALTHOUGH THE WEB SITE IS INTENDED TO BE EDUCATIONAL, NEITHER XCELUS OR ITS AFFILIATES OR ANY THIRD PARTY ASSOCIATED WITH THE WEB SITE MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTIES THAT ANY USER HEREOF WILL OBTAIN ANY PARTICULAR RESULT, INCLUDING, WITHOUT LIMITATION, MASTER ANY PARTICULAR SKILLS OR PASS ANY EXAMINATION OR ACHIEVE ANY OTHER TANGIBLE RESULTS BASED UPON USE OF THE PRODUCTS, SERVICES, OR OTHER OFFERINGS ON THIS WEBSITE. IN NO EVENT SHALL XCELUS OR ITS AFFILIATES OR THIRD PARTIES ASSOCIATED WITH THE WEB SITE BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTIAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR LOST PROFITS) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE OR THE CONTENTS THEREOF, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT XCELUS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to defend, indemnify, and hold harmless Xcelus, its officers, directors, employees, agents, affiliates and strategic partners from and against any claims, actions or demands, arising or resulting from your use of the Web Site or your breach of the terms of this Agreement. Xcelus shall provide notice to you promptly of any such claim, suit or proceeding and reasonably assist you, at your expense, in defending any such claim, suit or proceeding.
Miscellaneous
This Agreement is governed by the internal laws of the State of Utah, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in Utah, USA in all disputes arising out of or relating to the use of the Web Site. Use of the Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions including, without limitation, this paragraph. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. This Agreement constitutes the entire agreement between the user and Xcelus with respect to the Web Site and supersedes all prior or contemporaneous communications, proposals, whether electronic, oral or written, between the user and Xcelus with respect to the Web Site.
Last Updated August 20, 2009
Welcome to Xcelus, owned and operated by Xcelus LLC and its subsidiary, affiliate, and succeeding organizations (collectively referred to here as "Xcelus"). Xcelus is currently one of the top choices for online video platforms, video production, multimedia and training among leading global organizations and government agencies. Access and “use” of the “products and services”—including all information, documents, communications, files, text, graphics, and software—Xcelus makes available on this website (“site”) are subject to the terms and conditions set forth. Xcelus reserves the right to make changes and modifications to this document and site at any time, thus it is the responsibility of the user to check for updates. In addition, if there are special products and services provided by Xcelus that have separate terms and conditions or legal agreements of any kind set forth, those shall take precedence for that specific product. By affiliating yourself in any way to this site—using, citing, downloading, or installing products or services—you agree to be bound by, and to comply with these terms and conditions.
Limited Use Agreement
The products and services of the site are protected under United States copyright laws. Products and services of this Web Site include both content owned or controlled by Xcelus and content owned or controlled by third parties and licensed to Xcelus. Any use of them for commercial or personal use must cite Xcelus LLC as the creator of aforementioned products and services. From time to time, this site may provide games, quizzes, or white papers (referred to collectively as and grouped with others as “products”) available for free download and use in your company’s training programs. Although the limited use rules allow you to copy, duplicate, or use such products and services, you agree not to resell, assign, sublicense, utilize directly for profit, delegate or otherwise transfer your rights to them without prior express written authorization of Xcelus.
Restrictions and Termination of Use
Xcelus reserves the right, in its sole discretion, to terminate your access to and use of the Web Site or any part hereof for any reason whatsoever, including, without limitation, if Xcelus believes that you have violated or acted inconsistently with the letter or spirit of this Agreement; provided, however, that Xcelus will have no liability or responsibility for the performance or nonperformance of such activities. Xcelus may also, in its sole discretion and at any time, discontinue operation of the Web Site, or any part hereof. Any such termination may be effected without any prior notice. Upon any such termination, Xcelus requires that you discontinue use of any products or services received in or through the Site. Xcelus shall not be liable to you or any third-party for any termination of your access to the Web Site. Furthermore, in the event Xcelus chooses to terminate rights of use, we also reserve the right to take any other action that may, in our sole discretion, be deemed appropriate.
Links
The Web Site may contain links to other web sites ("Linked Sites"). Linked Sites are not under the control of Xcelus and Xcelus is not responsible for the contents thereof. These links are provided to you only as a convenience, and inclusion of a link does not imply endorsement of the Linked Site by Xcelus or any association with its operators. You acknowledge and agree that Xcelus shall not be responsible or liable for any damage or loss caused by or in connection with use of or reliance on any content, goods or services available on or through any Linked Site.
Submissions of Ideas
Xcelus is always improving its Products and Services and developing new features. If you have ideas regarding improvements or additions to the Xcelus, we would like to hear them -- but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO XCELUS BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO XCELUS, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO XCELUS THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT XCELUS IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY XCELUS, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
User Communications
You consent to receive communications from Xcelus concerning your use of the Products and Services ("Communications"). The Communications may be those that Xcelus is required to send to you by law concerning the Products and Services ("Required Communications"). The Communications may also be those that Xcelus sends to you for other reasons. You consent to receive Communications electronically. Xcelus may provide these Communications to you by sending an email to the email address you provided in connection with your account. You also consent to receive Communications by telephone or by postal mail sent to the postal address you provided in connection with your account. You may change the email or postal address to which Xcelus sends Communications by visiting your account information page.
For a period of 120 days from the date that Xcelus first provided a Required Communication to you in electronic form, you may request a paper copy of such Required Communication by sending a request to Xcelus, LLC, 3311 North University Ave, Suite 200, Provo, UT 84604, Attention: Customer Service (the "Customer Service Address"). Xcelus may charge a reasonable fee for providing paper copies. You may, without payment of special fees, withdraw your consent to receive Required Communications electronically by sending a notice to the Customer Service Address that identifies your full name, user name and postal mailing address. However, if you withdraw such consent, then Xcelus reserves the right to terminate your right to use the Products and Services, including, without limitation, by terminating your account and any subscription services that you may have.
In order to receive Required Communications, you must provide Xcelus, upon registration on the Site, a valid email address to which we may send electronic mail. Xcelus will not be held liable if your hardware or your software does not support email communications.
Relationship of Parties
You acknowledge and agree that you and Xcelus are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other
Certain Copyright Issues
Xcelus respects the intellectual property of others, and we ask our users to do the same. Xcelus may, in appropriate circumstances and at its discretion, remove, or disable access to material on the Web Site that it believes may infringe on the rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Xcelus' copyright agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
No Warranties; Limitation of Liability; Disclaimer of Damages
THE WEB SITE AND ALL THE CONTENTS HEREOF ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. XCELUS AND ITS AFFILIATES AND THIRD PARTIES ASSOCIATED WITH THE WEB SITE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS. XCELUS AND ITS AFFILIATES AND THIRD PARTIES ASSOCIATED WITH THE WEB SITE, MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEB SITE OR THE CONTENTS HEREOF. XCELUS DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ITEMS. IF YOUR USE OF THE WEB SITE OR THE CONTENTS HEREOF RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, XCELUS IS NOT RESPONSIBLE FOR THOSE COSTS. MUCH OF THE MATERIAL ON THE WEB SITE IS PROVIDED BY THIRD PARTIES AND XCELUS SHALL NOT BE HELD RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL. YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS OR OTHER CONTENTS OF THE WEB SITE OR WITH THIS AGREEMENT, XCELUS'S PRIVACY POLICY, OR OTHER POLICIES, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE WEB SITE. ALTHOUGH THE WEB SITE IS INTENDED TO BE EDUCATIONAL, NEITHER XCELUS OR ITS AFFILIATES OR ANY THIRD PARTY ASSOCIATED WITH THE WEB SITE MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTIES THAT ANY USER HEREOF WILL OBTAIN ANY PARTICULAR RESULT, INCLUDING, WITHOUT LIMITATION, MASTER ANY PARTICULAR SKILLS OR PASS ANY EXAMINATION OR ACHIEVE ANY OTHER TANGIBLE RESULTS BASED UPON USE OF THE PRODUCTS, SERVICES, OR OTHER OFFERINGS ON THIS WEBSITE. IN NO EVENT SHALL XCELUS OR ITS AFFILIATES OR THIRD PARTIES ASSOCIATED WITH THE WEB SITE BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTIAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR LOST PROFITS) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE OR THE CONTENTS THEREOF, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT XCELUS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to defend, indemnify, and hold harmless Xcelus, its officers, directors, employees, agents, affiliates and strategic partners from and against any claims, actions or demands, arising or resulting from your use of the Web Site or your breach of the terms of this Agreement. Xcelus shall provide notice to you promptly of any such claim, suit or proceeding and reasonably assist you, at your expense, in defending any such claim, suit or proceeding.
Miscellaneous
This Agreement is governed by the internal laws of the State of Utah, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in Utah, USA in all disputes arising out of or relating to the use of the Web Site. Use of the Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions including, without limitation, this paragraph. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. This Agreement constitutes the entire agreement between the user and Xcelus with respect to the Web Site and supersedes all prior or contemporaneous communications, proposals, whether electronic, oral or written, between the user and Xcelus with respect to the Web Site.
Last Updated August 20, 2009
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