Terms & Conditions
Please read the following terms and conditions carefully.
Excellis Consulting Corporation is the creator of Cue, software that facilitates ordering and operations processes for businesses. This site is intended to provide information about Excellis Consulting Corporation and its products and services.
By accessing or using our sites, products and/or services, you hereby agree to be bound by the terms and all terms incorporated herein by reference. It is the responsibility of you, the user, customer, or prospective customer to read the terms and conditions before proceeding to use this site. If you do not expressly agree to all of the terms and conditions, then please do not access or use our sites, products or services. This terms and conditions agreement is effective as of 12/18/23.
3. Ability to Accept Terms.
This terms and conditions agreement is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Excellis Consulting Corporation located at 1150 First Avenue, Suite 820, King of Prussia, Pennsylvania 19406 and our subsidiaries and affiliates, in association with the use of the website, which includes ExcellisCorp.com, (the “Site”), its products, and its services, which shall be defined below.
4. Site Access.
Any and all visitors to our site shall be deemed as “users” of the herein contained products and services provided for the purpose of these terms and conditions.
The user acknowledges and agrees that the products and/or services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Excellis Consulting Corporation. At its discretion, Excellis Consulting Corporation may offer additional web services and/or products, or update, modify or revise any current content and services, and this agreement shall apply to any and all additional services and/or products and any and all updated, modified or revised services unless otherwise stipulated. Excellis Consulting Corporation does hereby reserve the right to cancel and cease offering any of the aforementioned services and/or products. You, as the end user acknowledge, accept and agree that Excellis Consulting Corporation shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our services and/or products. Your continued use of the products and/or services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided products and/or services forthwith.
Furthermore, the user understands, acknowledges and agrees that the products and/or services offered shall be provided “AS IS” and as such Excellis Consulting Corporation shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
You shall not, and shall not permit any third party to: (i) copy, distribute or modify any part of the Site or to copy, use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein; (ii) disrupt any servers or networks connected to the Site; (iii) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Site and/or enter information onto a User Communication Platform (defined above); (iv) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site; (v) use the communications systems provided by the Site to send unsolicited or unauthorized commercial communications including the Use Communication Platforms; (vi) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on the Site; (vii) use the Excellis Consulting Corporation name, logo or trademarks without our prior written consent; (viii) use the Site to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches these Terms; and/or (ix) engage in any action, indirectly or directly, that may be harmful to Excellis Consulting Corporation, the Excellis Consulting Corporation community, software, products, Site or any function thereof.
a. In order to use or access parts of the Site, you may need to first register (“Account“).
b. You are solely responsible for the activity that occurs in and by your Account, and you must keep your Account password secure. You must notify Excellis Consulting Corporation immediately of any breach of security or unauthorized use of your Account. If you wish to delete your Account you may send an email request to Excellis Consulting Corporation at info@ExcellisCorp.com.
7. Payments to Excellis Consulting Corporation.
a. General. Except as expressly set forth in the Terms, your general right to access the Site hereunder is currently for free, but Excellis Consulting Corporation may in the future charge a fee for certain access or usage. You will not be charged for any such access or use of the Site unless you first agree to such charges, but please be aware that any failure to pay applicable charges may result in you not having access to some, or all, of the Site.
b. Payments. If you choose to purchase or subscribe to a product or service that we offer on the Site then you acknowledge and agree: (i) that we may charge your credit card for the purchase or subscription (including, as applicable, for recurring charges such as periodic payments) and such other amounts (including any taxes and late fees, as applicable) that may accrue in connection with the purchase or subscription; (ii) to only provide valid and current payment information for (a) yourself, or (b) another person or entity, but only if you have first obtained their express consent to do so; (iii) that we may use the tools, software or services of third party service providers (such as PayPal) to process transactions on our behalf; (iv) that the prices displayed on the Site may change at any time; (v) except as expressly set forth herein, all payments are final and non-cancellable or non-refundable; and (vi) if payment is not received by us for any reason from your card issuer, you agree to promptly pay all amounts due to us upon demand.
8. Intellectual Property Rights.
a. Content and Marks. The: (i) text, documents, articles, comments, suggestions, ideas, brochures, descriptions, graphics, photos, sounds, videos and interactive features on the Site including appearance, visual elements, design, concepts, business models, operational models, databases, collections of links, hyper text markup language (HTML) code, scripts and all products sold and services offered (collectively, the “Materials“), (ii) Site products, API’s, tools, services, programs and software (collectively, the “Software“), (iii) User Submissions, as defined below (and together with the Marks (as defined hereafter), Materials and Software, the “Content“), and (iv) the marks, names, trademarks, service marks and logos contained therein, whether registered or not, (“Marks“), are the property of Excellis Consulting Corporation and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. ‘Excellis Consulting Corporation’, the Excellis Consulting Corporation logo, and other marks are Marks of Excellis Consulting Corporation or its affiliates. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Site and the Content.
b. Use of Content. The Content on the Site is provided to you on an ‘as is’ and ‘as available’ basis for your informational and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent or as expressly permitted herein. If you download or print a copy of any Content you must retain all copyright and other proprietary notices contained therein.
9. Content placed or made available for company services
Excellis Consulting Corporation shall not lay claim to ownership of any content submitted by any visitor or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for Excellis Consulting Corporation the below listed worldwide, royalty-free and nonexclusive licenses, as applicable:
a. The content submitted or made available for inclusion on the publicly accessible areas of Excellis Consulting Corporation’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Excellis Consulting Corporation’s sites, and shall terminate at such time when you elect to discontinue your membership.
b. Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of Excellis Consulting Corporation’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said content on our network services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Excellis Consulting Corporation’s sites and shall terminate at such time when you elect to discontinue your membership.
c. For any other content submitted or made available for inclusion on the publicly accessible areas of Excellis Consulting Corporation’s sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed “publicly accessible” areas of Excellis Consulting Corporation’s sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to users.
10. Information Description.
We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility. YOU ARE ADVISED TO CONSULT WITH YOUR FINANCIAL, LEGAL OR OTHER ADVISORS TO VERIFY PRICING OR OTHER INFORMATION INCLUDED ON THE SITE.
We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Site, and Your use thereof, as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce the Site Terms, including to investigate potential violations of them, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Excellis Consulting Corporation, its users or the public.
14. Warranty Disclaimers.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a. THE USE OF EXCELLIS INTERACTIVE SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. EXCELLIS INTERACTIVE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. EXCELLIS INTERACTIVE AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) EXCELLIS INTERACTIVE SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) EXCELLIS INTERACTIVE SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE EXCELLIS INTERACTIVE SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF EXCELLIS INTERACTIVE SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d. NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM EXCELLIS INTERACTIVE OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e. A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
15. Limitation of Liability.
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT CUE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a. THE USE OR INABILITY TO USE OUR SERVICE;
b. THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c. UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
d. STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e. AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
You agree to defend, indemnify and hold harmless Excellis Consulting Corporation and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) use of, or inability to use, the Site or any part thereof or therein including the Content, Materials and Software; (ii) your User Submissions; (iii) your interaction with any Site user; or (iv) your violation of these Terms.
17. Information and Press Releases.
The Site may contain information and press releases about Excellis Consulting Corporation. While such information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Further, information about companies other than ours contained in the press release or otherwise should not be relied upon as being provided or endorsed by us.
18. Term and Termination.
These Terms are effective until terminated by Excellis Consulting Corporation or you. Excellis Consulting Corporation, in its sole discretion, has the right to terminate these Terms and/or any or parts of the Site and/or Your access to the Site, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). Excellis Consulting Corporation shall not be liable to You or any third party for termination of the Site, or any part thereof. If You object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, Your only recourse is to immediately discontinue use of the Site. Upon termination of these Terms, you shall cease all use of the Site. This Section 18 and sections 5 (‘Restrictions’), 8 (Intellectual Property Rights), 9.1 (License to User Submissions) to 9.5 (‘Prohibited Content’), 13 (Privacy) to 16 (Indemnity) and 19 (Independent Contractors) to 22 (General) shall survive termination of these Terms.
19. Independent Contractors.
You and Excellis Consulting Corporation are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between You and Excellis Consulting Corporation. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Excellis Consulting Corporation.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Excellis Consulting Corporation without restriction or notification to You.
21. Governing Law and Disputes.
It is at the mutual agreement of both you and Excellis Consulting Corporation with regard to the TOS that the relationship between the parties shall be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Excellis Consulting Corporation, shall be filed within the courts having jurisdiction within the County of Chester, Pennsylvania or the U.S. District Court located in said Commonwealth. You and Excellis Consulting Corporation agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Excellis Consulting Corporation reserves the right to discontinue or modify any aspect of the Site at any time. These Terms shall constitute the entire agreement between you and Excellis Consulting Corporation concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If you have any questions regarding these terms of service, please contact us at email@example.com.