TERMS AND CONDITIONS
THESE TERMS CONTAIN AN ARBITRATION CLAUSE, DISCLAIMERS AND LIMITATIONS OF LIABILITY. PLEASE REVIEW CAREFULLY.
On the Website, you may purchase courses teaching use of certain software programs that you complete at your own pace (the “Products”).
You represent and warrant that if you are purchasing any Product from Company, (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.
REGISTRATION & RESTRICTED ACCESS
Access to certain areas of the Website may be restricted. Company reserves the right to restrict areas of the Website at its sole discretion.
Some restricted areas of the Website may be made available to you as a registered user. When you are registered, you are required to create a user profile, which may include a username and password ("User Account"). You agree to keep your username and password confidential. You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights or another person or entity or is offensive, vulgar or obscene. If you suspect your password has been compromised, you must notify Company immediately at firstname.lastname@example.org. Company will not be liable for any loss caused by the unauthorized use of your User Account; however, you may be liable to Company or other third parties for any losses incurred due to such unauthorized use.
Company reserves the right to modify methods for registration and access levels of registered users from time to time.
LICENSE FOR USE OF PRODUCTS
All Products available for sale on the Website were developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without permission. You may not create any derivative works of the Products. When you purchase any of the Products, you agree that you will not use any information you gain from the Products to create any product or service, whether offered for commercial or personal use, without the express written consent of the Company. All inquiries for use of Company intellectual property must be submitted to email@example.com. Company reserves the right to seek equitable and compensatory relief for any violation of this term.
Company has made every effort to ensure that all information on the Website has been tested for accuracy. Company makes no guarantees regarding the results that you will see from using the information provided on the Website. Opinions, advice, statements or other comments should not necessarily be relied upon and are not to be construed as professional advice from Company. Company disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Website. Company assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Website.
BUSINESS INFORMATION DISCLAIMER
We have made every effort to ensure that all business information, including but not limited to any references to technology or business methodology, provided on the Website has been tested for accuracy. There is no guarantee that you will see positive results to your business using the techniques and materials provided on the Website. We assume no responsibility for your decisions or for policies or practices that you implement based on information on the Website. Everything provided on the Website is for informational purposes only.
INCOME OR EARNINGS INFORMATION DISCLAIMER
Any statements related to income or earnings potential on the Website are examples of what may be possible in the future. We make no guarantees regarding results, present or future. We are not responsible for your earnings, income, sales, or any other performance as a result of the actions you take based upon the information provided on the Website. The Website is provided for informational purposes only.
The Website was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website. Company makes no representations, warranties or guarantees. You understand that results may vary from 3 person to person. Company assumes no responsibility for errors or omissions that may appear on the Website.
USE OF THE WEBSITE
The following uses are not permitted:
- Republication of content from the Website or Products, unless content is specifically and expressly made available for republication;
- Sale, rental or sub-license of any content from the Website or Products;
- Reproduction or duplication of any content on the Website or in the Products for commercial purposes;
- Modification of any content on the Website or Products, unless content is specifically and expressly made available for modification;
- Redistribution of content of the Website or Products, unless content is specifically and expressly made available for redistribution. Users are permitted to share content on social media channels, as long as a link to the Website is included. Furthermore, you may provide links to our Website if (a) you do not remove or obscure any portion of our Website by framing or otherwise, (b) your website does not engage in illegal or pornographic activities, and (c) you discontinue providing links to our Website immediately upon our request.
- Use of the Product or Website content to develop a competing website or product or otherwise create a derivative work as defined under U.S. copyright laws.
You must not use the Website or Products in a way that causes, or may cause, damage to the Website or Products or impairs the availability of access to the Website or Products. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website or Products, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website or Products to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website or Products without Company's express written permission.
You must not use the Website or Products to transmit or send any unsolicited commercial communications.
You must not use the Website or Products for any third-party marketing without Company's express written permission.
All original materials provided by Company are owned by Company. Any original materials are provided for your individual use only. You are not authorized to use or transfer any of Company's intellectual property. All intellectual property remains the property of Company. No license to sell, distribute, reproduce, prepare a derivative work, display, or perform is granted or implied.
Certain of the names, logos, and other materials displayed on the Website or in the Products constitute Company's intellectual property, including, but not limited to, patents, trademarks, service marks, trade secrets and copyrights ("Company IP"). You are not authorized to use any Company IP without Company's express consent. Ownership of Company IP remains with Company and you agree not to make any claims or assertions of any other party's ownership of Company IP.
Unless otherwise noted, the design, content and all components of the Website and Products are copyrights owned by Company or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.
"Miss Excel" is a trademark of Company and is protected by United States trademark law. Company's trademarks and trade dress may not be used in connection with any product or service that is not Company's, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Miss Excel Corp., the Website, or the experts featured on the Website or in the Products.
From time to time, the Website will legally utilize trademarks owned by third parties related to Company's services. These trademarks are the respective property of their owners.
From time to time, the Website or Products may post sponsored content from an advertiser. This means that an advertiser, which may be a brand, agency, or influencer network, will contract with Company to create content featuring certain messages or product placements. Pursuant to the FTC's requirements, all such advertisements on the Website or in the Products are clearly and conspicuously disclosed.
Even though compensation (cash, free product, services) is received in exchange for this sponsored content placement, Company gives its honest opinion, findings, beliefs, or experiences in such content. All views expressed on the Website or in the Products are those of 5 the content creator. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider, or party in question.
GRANT OF RIGHTS
You grant Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Website or Products. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant Company the right to sub-license these rights and the right to bring an action for infringement of these rights. By posting content to the Website or Products, you represent that you have the right to grant these permissions for the use of such content by Website, the Products, Company and Company’s sublicensees.
CONTENT CONTRIBUTED TO THE WEBSITE OR PRODUCTS
Any content you contribute to the Website or Products, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party's legal rights, and must not be capable of giving rise to legal action whether against you or Company or a third party.
Company reserves the right to edit or remove: (i) any material submitted to the Website or Products; (ii) stored on Company's servers; or, (iii) hosted or published on the Website or Products. Company takes no responsibility and assumes no liability for any content posted by you or any third party.
The Website and/or Products may offer the option for you to leave comments, engaging with the Website or Products posts. The following types of comments will not be tolerated and will be deleted:
- harassment directed toward any content creator or Company;
- hate speech;
- defamatory to Company or any third party;
- reference illegal acts; or,
- violate the legal rights of a third party.
Company's sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to you if your comment was determined to be in violation with this policy.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website, Products, services, and any software provided therein. 6
From time to time, the Website will publish posts with images from other third-party websites. Any such use is considered fair use under copyright laws and is fully attributed to the owner. If you believe that your copyrighted work has been used on the Website in a way that constitutes copyright infringement and falls outside of fair use, please send a request to firstname.lastname@example.org and we will remove the image within 24 to 48 hours.
If you send Company an email, register to use the Website or Products or provide your email to Company in any other way, you consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.
Prior to engaging in any meetings, events, or commercial transactions with any third parties discovered through or linked on the Website or Products, you must complete any necessary investigation or due diligence. You understand that Company does not perform psychological testing or background checks on the individuals who may use the Website or Company’s Products or services. You understand and agree that you are solely responsible for your actions and decisions to meet other individuals who you meet online by virtue of the Website, Products, or services provided on the Website. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website or Products, you expressly hold Company harmless from any and all liability in any dispute.
The Website does not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that the Website has personally identifiable information of a child under the age of 16 in its database, please contact Company immediately at email@example.com and we will use our best efforts to promptly remove such information from our records.
The Website and Products are provided on an "as is" and "as available" basis without any representations or warranties, expressed or implied. Company makes no representations or warranties in relation to the Website, Products, or the information and materials provided therein.
Company makes no warranty the Website or Products will meet your requirements; will be available uninterrupted; error free, timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. Company is not responsible to you for the loss of any content or material uploaded or transmitted through the Website or Products. The 7 Website and Products are written in English and Company makes no warranty regarding translation or interpretation of content in any language.
LIMITATION OF LIABILITY
TO THE EXTENT ALLOWABLE BY LAW, COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSEES WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Last updated: February 1, 2022.