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Terms of Service

Terms of Service

 

Welcome to Excelville

The following describes the terms on which Excelville provides you access to our services.

1. Description of Service.

Excelville is a web-based service available from the domain www.excelville.com. This service provides people and businesses with an on-line marketplace to buy and sell spreadsheet applications directly from and to each other, which may consist of original spreadsheet applications created by the seller, herein referred to as “Seller”. The service provided by Excelville is referenced herein as the "Service." Excelville at no time owns or sells any product for or on behalf of Sellers. People who purchase content via the Service are referenced herein and in the Service as "Buyers." This Terms of Service/User Agreement ("Agreement") governs your access to and use of the Service, whether in the capacity of a Seller, a Buyer or as a visitor, including finding, buying, posting, selling, and sharing of Content, and participating in on-line forums, feedback loops, bulletin boards, wikis, and chats, which features and activities shall also be considered part of the "Service." Portions of the Excelville web service are publicly available to all visitors to the site. Other portions of the Service are available only to registered members who are Sellers or Buyers (collectively, "Members"). By registering with Excelville, or by using the Service in any manner, you acknowledge and agree to the terms stated in this Agreement. This Terms of Service applies to both visitors and Members.

2. The Service Is Not Intended For Children.

The Service is intended for adults only. You must be 18 years or older to use this site. You may use this Service (including as a Seller or Buyer) if you are domiciled in the United States or Internationally. Digital sales are International.

3. Fees, Pricing and Payments.

A. Fees.

Membership Fees and Service Fees. Buyers or Sellers who wish to use the Service must join Excelville. Membership to Excelville is free. There are no fees for using this services. Sellers are provided up to six free screenshots and can transfer a video from youtube. Sellers retain 70% of the sales price upon selling content through the site.

B. Pricing of Content.

Sellers are solely responsible for setting the prices for the sale of their content distributed through the Service. Sellers are obligated to sell their Content at the prices listed on the Service.

C. Agreement Of Seller To Pay Sales Commissions.

In consideration for the services provided by EXCELVILLE, you (Seller) agree to pay EXCELVILLE a commission ("Commission") for all Content you sell to Buyers through the Service, in accordance with the following: (i) Members will pay a Commission equal to 30% of the sale price of each item of Content sold. For each transaction, EXCELVILLE will automatically deduct the Commission from the sale price collected from Buyers through the Service, and then will distribute the remaining amounts to the Seller on a monthly basis as follows: (a) EXCELVILLE will collect payment from Buyers at the time of purchase through the Service, (b) EXCELVILLE will notify you (the Seller) by email of the sale once payment has been verified and collected from the Buyer, (c) on a monthly basis, distribute the monies due to you (as an Seller) for the sale of your Content, in accordance with this Section 3C. All monies due to Sellers pursuant to this Section 3C will be paid to such Sellers within 7 days following the last day of the calendar month in which an item of your Content are sold. Monthly payments will be made through PayPal.

D. Additional Agreements and Obligations of Sellers.

By listing an item for sale, you (Seller) represent and warrant to prospective Buyers that you have the right and ability to sell, and that the listing is accurate, current, and complete and is not misleading or otherwise deceptive. Additionally, unless otherwise authorized, Sellers agree not to, and agree to cause their affiliates, agents, employees and contractors not to, use or disclose to any third party, any order information or other data or information regarding Buyers or any other users of the Service, which is obtained through the Service or disclosed to Sellers by EXCELVILLE in connection with a transaction made via the Service, for any purpose except as necessary to complete transactions made through the Service and otherwise fulfill their obligations under this Agreement (including, without limitation, for purposes of solicitation, advertising, direct marketing, harassment, invasion of privacy or any other objectionable conduct).

E. Agreement Of Buyers To Pay For Purchases.

When you (Buyer) purchase Content you agree to pay in full for all Content purchased through the Service, and agree that EXCELVILLE may charge your credit card or PayPal account for any Content purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued to or in connection with your Member Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL SALES PRICES AND FEES, AND FOR PROVIDING EXCELVILLE WITH VALID CREDIT CARD INFORMATION OR PAYPAL ACCOUNT DETAILS FOR PAYMENTS OF ALL SUCH FEES AND CHARGES. All charges and fees will be billed to the credit card or the PayPal account you designate during the Member registration process. If you want to designate a different credit card or if there is a change in your credit card or PayPal account status, you must change your credit card or PayPal account information on-line at the Member Profile information page of the Service. You can always log into your Member Profile by providing your UserName and password at this link: www.Excelville.com. (There may be a temporary disruption of your access to the Service until EXCELVILLE can verify the validity of the new credit card or PayPal account information.) You agree that delivery of the Content to you, does not transfer to you any commercial or promotion use rights in the Content. You agree that your use of the Service (including your purchase of Content) constitutes your acceptance of and agreement to use the Service and such Content solely in accordance with this Agreement, and that any other use of the Service or Content may violate copyright and other laws of the United States, other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use.

F. Electronic Signatures and Contracts.

Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

G. Limitations.

Your direct interactions (if any) with other users or Members of the Service, including the purchase of, sale of, payment for and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and that individual. Like with any web-based interaction, we suggest that you use caution and good judgment. You further understand and agree that EXCELVILLE is not involved in any actual transactions made through the Service, and that it is not the agent or representative of any Seller or Buyer (or any visitor) for any purpose whatsoever and that it is not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other user's or Member's use or disclosure of your personally identifiable information. For details about our information collection practices, please see our Privacy Policy. IF THERE IS A DISPUTE BETWEEN YOU AND ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY MEMBER OR USER OF THE SERVICE), EXCELVILLE IS UNDER NO OBLIGATION TO BECOME INVOLVED, AND YOU HEREBY RELEASE EXCELVILLE FROM ANY CLAIMS, DEMANDS OR DAMAGES OF ANY KIND AND OF ANY NATURE ARISING OUT OF OR RELATING TO ANY SUCH DISPUTE. You agree that you are solely and exclusively responsible for any federal, state, or local taxes, including sales taxes, that might apply to any sales you make in connection with Service.

H. Transfer of Title

EXCELVILLE does not transfer legal title or ownership of items from the Sellers to the Buyers, and nothing in this Agreement shall modify the applicable provisions of Uniform Commercial Code 2-401(2), which provide that, unless otherwise explicitly agreed between a seller and a buyer, legal title to a purchased item transfers to the buyer upon physical delivery of the masters of the item to the buyer from the seller. Accordingly, unless a Buyer and Seller agree otherwise, legal ownership to any item of Content passes to the Buyer upon the physical delivery of the masters of such item of Content from the Seller to the Buyer.

4. License Grants.

A. License Grants by Sellers To EXCELVILLE.

When you (Seller) submit your original copyrightable content (e.g., original Content) on or through the Service, you retain ownership of any copyright you claim to your submitted content. However, by making your content available through the Service you automatically grant EXCELVILLE a royalty-free, perpetual, irrevocable (except as expressly set forth in this Agreement), non-exclusive, worldwide, sublicensable right to exercise any copyright, publicity and database rights (but no other rights) you have in the content, in any media now known or later developed, solely as reasonably necessary to make the Content available through the Service. This license includes the rights under copyright to reproduce, publish, translate, modify, make derivative works from, adapt, distribute, perform, and display the Content alone or as part of other works in any form, media, or technology whether now known or later developed. IF YOU CHOOSE TO CANCEL YOUR MEMBERSHIP AND LEAVE THE SERVICE, AND HAVE REMOVED YOUR CONTENT FROM THE SERVICE, THIS LICENSE WILL BE DEEMED REVOKED AT THE TIME THAT YOU CANCEL YOUR MEMBERSHIP AND REMOVE ALL SUCH CONTENT.

B.Sellers Control License Rights Related To Content.

When you (Seller) submit your original copyrightable content (e.g., original Content) on or through the Service, you (i) represent and warrant that such Content is original to you and that no other party has any rights thereto, and (ii) retain ownership of any copyright you claim to your submitted content. As such, you (Seller) control the copyright licenses granted to a Buyer and it is your responsibility to give notice to Buyers of the terms under which you offer your Content to such Buyers. Absent specific terms to the contrary expressed by you in the license under which your Content is offered, nothing in the Service limits the existing rights of Buyers under the Copyright. (You, Seller, may wish to consider applying one of the copyright licenses made available through Creative Commons to your Content. You can find out more about these licenses at the Creative Commons website located at www.creativecommons.org.)

5. Registration Obligations.

In consideration of your use of the Service, you represent that you are at least 18 years of age and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Create Account") and (b) maintain and promptly update the Account Info to keep it true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete, or EXCELVILLE has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, without limitation any other remedies, EXCELVILLE has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Please see our Privacy Policy for further information.

6. Member and Visitor Conduct.

As a condition of using the Service, Members and visitors agree to all of the following:

- You must be a registered Member to buy or sell Content through the Service.

- You are required to select a member identification ("UserName") and password. You are responsible for maintaining the confidentiality of your UserName and password. You should not disclose your password to anyone.

- You are responsible for all activity that occurs under your UserName.

- You are solely responsible for your conduct and any content, materials or information that you submit, post, and display on the Service, or that you allow others to submit, post and/or display on the Service under your UserName.

- You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any system, security technology or other software that is part of the Service or used to administer the rules contained in this Agreement.

Further, while using the Service, Members and visitors agree not to:

- upload, post, email, transmit or otherwise make available any content, materials or information to, on or through the Service that are fraudulent, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, profane, sexually explicit or indecent, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

- upload, post, email, transmit or otherwise make available to Members or visitors any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "affiliate links," or any other form of solicitation;

- transmit any worms or viruses, spyware, malware or any other harmful or destructive code;

- violate any applicable federal or local laws in your jurisdiction (including but not limited to intellectual property laws or tax laws);

- use the Service for any illegal or unauthorized purpose.

- impersonate any person or entity, including without limitation, an EXCELVILLE employee or user, or falsely state or otherwise misrepresent your affiliation with a person or entity;

- transmit email or any other content that includes personal or identifying information about another person without that person's explicit consent.

- transmit email or any other content that is false, deceptive, misleading, deceitful, or constitutes "bait and switch";

- sell or offer for sale stolen goods and/or materials that infringe a patent, trademark, trade secret, copyright or other proprietary rights of another person or entity or that violate any rights of privacy or publicity, or that defame or libel any person or entity, or offer content that you do not have a right to make available under any law or under contractual or fiduciary relationships (including without limitation any goods purchased or obtained by you without right of resale such as promotional materials);

- manipulate the price of any item or interfere with other Members' listings;

- advertise any illegal products or services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;

- provide materials or any other content for download that contain viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

- disrupt the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects Members' and visitors' ability to use the Service;

- employ misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Service;

- attempt to gain unauthorized access to EXCELVILLE's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service.

- "stalk" or otherwise harass anyone on or through the Service;

- collect any personally identifying data about Members or visitors for commercial or unlawful purposes;

- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service-except for internet search engines (e.g., Google or Yahoo!) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file, or "well-behaved" web services/RSS/Atom clients. We reserve the right to define what we mean by "well-behaved"; or develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the Service.

7. Inappropriate User-Submitted Content.

EXCELVILLE prohibits certain user conduct and content described above and, without obligation, will use reasonable efforts to eliminate such conduct and content from the Service. Nevertheless, you acknowledge and agree that (i) EXCELVILLE is not and cannot be responsible for any content, information or materials posted by users on the Service, (ii) you may be exposed to any such materials, information or content, and (iii) you must bear all risks associated with the exposure to and/or use of any such materials, information or content, including without limitation any reliance on the accuracy, completeness, or usefulness of such materials, information or content. Without limitation of the foregoing, EXCELVILLE has the right to, but may or may not pre-screen and/or monitor content posted on the Service, and without limiting any remedies, may remove, edit, move or close, in whole or in part, any content, information or materials, or thread or posting in any chat room and/or similar feature on the Service, at any time for any reason, in EXCELVILLE's sole discretion.

8. Links to Other Sites and Resources.

The Service contains links to other websites or resources. EXCELVILLE has no control over such external sites and resources. You agree that (i) EXCELVILLE is not responsible for the availability or accuracy of such external sites and resources, and (ii) EXCELVILLE does not endorse nor is it responsible or liable for any content, advertising, products, services or materials on or available from such external sites and resources. Any reliance on the contents or services of such an external web site or resource is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.

9. Copyright Policy

We respect the intellectual property rights of others, and we ask that our Members and users do the same. It is our policy to disable access to or remove material that we believe in good faith to be infringing on a copyrighted work. We also disable and/or terminate the accounts of users who we believe in good faith are repeatedly infringing copyrighted works. Our Copyright Policy has been developed in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, and is available at www.Excelville.com.com/pages/copyright-policy. By accepting these Terms of Service, you agree to be bound by our Copyright Policy, which is by this reference expressly incorporated into this Agreement.

10. Privacy Policy

We take the privacy of our users' and Members' information very seriously. Our Privacy Policy is available at www.EXCELVILLE.COM.com/pages/privacy-policy. By accepting these Terms of Service, you agree to be bound by our Privacy Policy, which is by this reference expressly incorporated into this Agreement.

11. Indemnity

By accepting this Agreement, you agree to indemnify and hold EXCELVILLE and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any and all claims, demands, liabilities, expenses or tax assessments, including reasonable attorneys' fees, arising out of any claim made by any third party or any action taken by any governmental or regulatory body (including, without limitation, the Federal Trade Commission or any state attorney general), due to, arising out of or relating to (i) any product, content, information or materials that you submit, sell, purchase, post, transmit, provide or otherwise make available through the Service, (ii) your use of the Service, (iii) your connection to the Service, (iv) your actual or alleged breach of this Agreement (including our Copyright Policy and Privacy Policy), (v) your actual or alleged infringement of any third party intellectual property or proprietary rights or (vi) your actual or alleged violation of any applicable laws, rules, regulations or rights of another.

12. Warranty Disclaimers

YOU AGREE THAT THE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS, AND THAT YOUR USE OF THE SERVICE PROVIDED BY EXCELVILLE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, EXCELVILLE, ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, THE SERVICE AND YOUR ACCESS TO AND USE THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. EXCELVILLE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CREDIBILITY OF THE MEMBERS OF THE SERVICE, THAT MEMBERS WILL PERFORM AS PROMISED, ABOUT THE TRUTHFULNESS, ACCURACY OR COMPLETENESS OF THE SERVICE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SERVICE, OR THE AVAILABILITY, QUALITY, CHARACTERISTICS, LEGITIMACY, FUNCTIONALITY, PRICING, DELIVERY, SECURITY OR SAFETY OF ANY PRODUCTS OR CONTENT (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) LISTED FOR SALE ON THIS SERVICE, OR ANY PRODUCT DESCRIPTIONS OR PRODUCT LITERATURE. EXCELVILLE ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE CONTENTS OF THE SERVICE OR ANY PRODUCTS LISTED FOR SALE ON THE SERVICE ARE FIT FOR ANY PARTICULAR PURPOSE OR WILL MEET ANY USER'S REQUIREMENTS, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR 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 SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY PRODUCT OR CONTENT POSTED, EMAILED, TRANSMITTED, SOLD OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. EXCELVILLE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND EXCELVILLE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES (INCLUDING ANY SELLERS OR BUYERS). AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. ADDITIONALLY, EXCELVILLE IS NOT RESPONSIBLE FOR ANY DAMAGES OR LOST PROFITS THAT RESULT FROM MEMBERS DIRECTLY CONTACTING OTHER MEMBERS OR FOR ANY DAMAGES OR LOST PROFITS RESULTING FROM TRANSACTIONS CONDUCTED OUTSIDE OF THE SERVICE, INCLUDING TRANSACTIONS THAT MAY ORIGINATE THROUGH THE SERVICE BUT ARE TAKEN OFFLINE OR OUTSIDE OF THE SERVICE.

13. Limitation of Liability

YOU AGREE THAT EXCELVILLE, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, REPUTATION, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE ACCESS TO OR THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. EXCELVILLE'S LIABILITY TO YOU OR ANY THIRD PARTY SHALL IN NO EVENT BE, IN THE AGGREGATE, GREATER THAN THE LESSER OF (A) THE TOTAL AMOUNTS PAID BY YOU TO EXCELVILLE DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR ACTION ALLEGEDLY GIVING RISE TO SUCH LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100.00).

YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING AND USING THE SERVICE AND AGREEING TO THE TERMS OF THIS AGREEMENT, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. IF YOU ARE A CALIFORNIA RESIDENT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." FURTHERMORE, IF YOU ARE A RESIDENT OF ANOTHER STATE OR JURISDICTION, YOU AGREE TO WAIVE IN ADVANCE ANY SIMILAR LAWS OF SUCH OTHER STATE OR JURISDICTION.

14. Termination

We reserve the right to suspend or terminate, or take any other action or remedy that we deem reasonable, appropriate or necessary, in our sole discretion, with respect to your Member account immediately, without prior notice or liability, for any reason. If we terminate your account, your right to use the Service will immediately cease. You may terminate your Member account at any time and for any reason, and we will make available through the Service reasonable means for you to do so. All provisions of the Terms of Service will survive termination, including, without limitation, ownership provisions, licenses, warranty disclaimers, indemnity, and limitations of liability.

15. Miscellaneous Provisions

- Ownership of Site. This site is independently owned and/or, in the case of certain features, its third party service providers, and unless otherwise indicated the contents of this site are the property of Excelville and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. Except as otherwise specifically provided in connection with certain features on this site, no material from this site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials for the purpose of redistribution or use of the materials for any other purpose is a violation of EXCELVILLE, LLC’s copyright, trademark, and trade secret rights and others' proprietary rights. For purposes of this Agreement, the use of any such material on any other web site or networked computer environment is prohibited.

- Entire Agreement. The Terms of Service, including EXCELVILLE, LLC's Copyright Policy and Privacy Policy, which are incorporated by reference above, constitute the entire agreement between you and EXCELVILLE, LLC and governs your use of the Service.

- No Agency. EXCELVILLE, LLC is not the agent or representative of any site users (including, without limitation, any Sellers or Buyers), nor does it operate under their authority for any purpose. EXCELVILLE, LLC is simply a service provider that offers users the technological means to communicate with each other, sell goods to each other, and buy goods from each other.

- Governing and Applicable Law. The Terms of Service will be governed by and construed in accordance with the laws of United States of America, without regard to its conflict of law provisions. The Service is operated by EXCELVILLE, LLC from its offices in Topeka,KS. EXCELVILLE, LLC makes no representation that materials or content on the Service are appropriate or available for use in other locations. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from WWW.EXCELVILLE.COM may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders; or (iii) in any other manner that violates U.S. law. By downloading or using any software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

- Dispute Resolution. Any controversy or claim arising out of or relating to the Terms of Service, or the breach thereof, shall be submitted to the state and federal courts of the county and state of Kansas, and you hereby agree to submit to the exclusive jurisdiction thereof.

- Waiver and Severability. The failure of EXCELVILLE, LLC to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Terms of Service shall be held unlawful, void or unenforceable for any reason, then that provision shall be deemed severed from this Terms of Service and shall not affect the validity and enforceability of the remaining provisions. The severed provision shall be deemed modified so that its purpose can be lawfully effectuated and enforced.

- Notices. EXCELVILLE, LLC may provide you with notices, including, without limitation, those regarding changes to the Terms of Service and other service-related announcements, by email or postings on the Service.

- Future Modifications of Terms of Service. EXCELVILLE, LLC reserves the right to modify the Terms of Services at any time, by posting amended terms on this website. Your continued use of the Service indicates your acceptance of the amended Terms of Service. If you do not agree to the terms of this Agreement or any modified version of this Agreement, do not continue to use the Service or access the site.

- Future Changes In The Service. EXCELVILLE, LLC reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the Service or any part thereof with or without notice. EXCELVILLE, LLC will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

- Assignment. EXCELVILLE, LLC may assign this agreement to any successor or purchaser of EXCELVILLE, LLC or all or substantially all of its assets.

- Headings. Section titles and headings in this Agreement are for convenience only, and have no legal or contractual effect.

- Trademarks. EXCELVILLE, LLC, the EXCELVILLE, LLC logo, EXCELVILLE.com, the EXCELVILLE.com logo, and other EXCELVILLE, LLC logos and names are trademarks of EXCELVILLE, LLC. You agree not to display or use these trademarks in any manner without prior, written consent of EXCELVILLE, LLC.

- Contact Information. Please send any questions or comments, for Customer Service, or to report any violations of this Agreement, to admin@excelville.com.

 




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