Terms of Use

Welcome to ex-cell.com. If you visit or shop at ex-cell.com, you accept these conditions. Please read them carefully.

Privacy

Please review our Privacy Notice, which also governs your visit to ex-cell.com, to understand our practices.

Electronic Communications

When you visit the Site, you are communicating with Ex-Cell Kaiser electronically. You consent to receive communications from Ex-Cell Kaiser electronically. Ex-Cell Kaiser will communicate with you by e–mail or by posting notices on the Site. You agree that to the maximum extent permitted by law, all agreements, notices, disclosures and other communications that Ex-Cell Kaiser provides to you electronically satisfy any legal requirement that such communications be in writing.

User Content

Ex-Cell Kaiser is always pleased to hear from its customers; however, we do not accept or consider any creative ideas, suggestions or other materials related to products, services or marketing except in compliance with the procedures outlined for idea submissions outlined elsewhere in this website. Please do not send us any original creative materials such as product ideas or suggestions except in compliance with such procedures. Anything you disclose or offer to us by or through this website ("Communications"), including e-mails to Ex-Cell Kaiser or postings on interactive portions of this website, shall be deemed and shall remain the property of Ex-Cell Kaiser. If you send us such Communications, you are providing it to us on a NON-CONFIDENTIAL BASIS, and we will have no obligation to keep such information secret, to refrain from using such information, or to compensate you for the receipt or use of such Communications. Ex-Cell Kaiser is free to use, for any purpose whatsoever, any Communications, including but not limited to publishing, or developing, manufacturing, and marketing products using such Communications. By submitting Communications to us through this website, through e-mail, or through any means other than through the procedures outlined elsewhere in this website, you hereby RELEASE Ex-Cell Kaiser from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any Communications. By uploading or otherwise providing any Communications to this website or Ex-Cell Kaiser, you hereby grant Ex-Cell Kaiser, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify and create derivative works from such Communications for any purpose and in any media without compensation, and you warrant that all "moral rights" in uploaded Communications have been waived.

Interactive Areas & Code Of Acceptable Conduct

Ex-Cell Kaiser does not ordinarily filter, censor, edit or regulate information and content provided by third parties on this website, including any such information provided in interactive areas, and we neither endorse nor are responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of such information and content.

When participating in interactive portions of this website, you represent that you have proper right and authorization to use any information or content you upload or post and agree to abide by the following code of acceptable conduct:

  • You will not upload or otherwise provide infringing, defamatory, obscene, pornographic, threatening, abusive, illegal or otherwise improper content.
  • You will not upload viruses or harmful components.
  • You will not use the website to further any illegal purpose or to violate the rights of any party.
  • You will not upload or otherwise provide content with a commercial purpose or attempt to solicit funds or advertise goods and services.

Ex-Cell Kaiser will assist law-enforcement officials investigating illegal activity or violations of these terms of use.

Products, Services & Software

Downloading software from this website does not give you title to such software, including any files, data and images incorporated in or associated with the software. Your use of any such software shall be only in accordance with the license agreement that is included with the software or presented upon download of such software. Software available on this website is copyrighted by Ex-Cell Kaiser or its owner. Software may not be copied, redistributed or placed on any server for further distribution. You may not sell, modify, decompile, disassemble, or otherwise reverse engineer the software.

A description or reference to a product, service or publication on this website (including any description or reference via hyperlink) does not imply endorsement by Ex-Cell Kaiser of that product, service or publication. Products and software offered through this website shall be warranted, if at all, through the written license or warranty provided in connection with such product or software.

Your Account

You may be required to register with Ex-Cell Kaiser in order to access certain services or areas of the Site. With respect to any such registration, we may refuse to grant to you, and you may not use, a user name (or e–mail address): that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that personally identifies you; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.

Your user name and password are for your personal use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Ex-Cell Kaiser reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Colors

Ex-Cell Kaiser strives to display as accurately as possible the colors of the products shown on the Site. However, because the colors you see will depend on your monitor, Ex-Cell Kaiser cannot guarantee that your monitor’s display of any color will be accurate.

No Representations Or Warranties

Ex-Cell Kaiser makes no representations or warranties that this website is free of defects, viruses or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or Ex-Cell Kaiser's computer systems. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE AND YOU AGREE TO HOLD EX-CELL KAISER HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON USE OF THIS WEBSITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEBSITE.

The pages on this website may contain technical inaccuracies, outdated information and typographical errors. To the extent permitted by applicable law, THIS WEBSITE IS PROVIDED "AS IS." EX-CELL KAISER DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DOES IT IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH, OR LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, PURCHASED, OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE. WE DO NOT WARRANT THAT THIS WEBSITE WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitations Of Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL EX-CELL KAISER BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM THE DISTRIBUTION OR USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL EX-CELL KAISER 'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.

Jurisdiction & Choice Of Law

Ex-Cell Kaiser controls and manages this website from its facilities in the State of Illinois in the United States of America. Unless otherwise stated, materials and content on this website are presented solely for promoting products and services in the United States of America. Information published on this website may contain references to products, programs and services that are not announced or available in your country or region. We make no representation that such information, products, programs or services referenced on this website are legal, available or appropriate in your country or region. These terms of use shall be governed by and construed in accordance with the laws of the State of Illinois and the United States of America, without giving effect to any principles of conflicts of law. You and Ex-Cell Kaiser irrevocably consent to the exclusive jurisdiction of the courts located in Illinois in connection with any action arising out of or related to these terms of use or their subject matter. You and Ex-Cell Kaiser waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non conveniens in any such action.

Copyright & Copyright Claims

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Ex-Cell Kaiser and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Ex-Cell Kaiser and protected by U.S. and international copyright laws. All software used on this site is the property of Ex-Cell Kaiser or its software suppliers and protected by United States and international copyright laws.

Trademarks

Ex-Cell Kaiser graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress of Ex-Cell Kaiser in the U.S. and/or other countries. Ex-Cell Kaiser’s trademarks and trade dress may not be used in connection with any product or service that is not Ex-Cell Kaiser's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Ex-Cell Kaiser. All other trademarks not owned by Ex-Cell Kaiser that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Ex-Cell Kaiser.

Severability

If any provision of these terms of use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms of use and shall not affect the validity and enforceability of any remaining provisions.

Privacy

Please see our Privacy Policy for information regarding the collection and use of personal information from this website.

Despite any representations concerning privacy, Ex-Cell Kaiser reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages of this website may include additional or different terms relating to the use of personal information collected from such areas or pages.

General

These terms of use represent the entire understanding relating to the use of this website and prevail over any prior or contemporaneous, conflicting or additional communications.

Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this website is strictly prohibited. Ex-Cell Kaiser reserves all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver of any other rights Ex-Cell Kaiser may have.

Specific areas or pages of this website may include additional or different terms relating to the use of this website. In the event of a conflict between such terms and these terms of use such specific terms shall control.

Ex-Cell Kaiser may modify these Terms & Conditions, and the agreement they create, at any time, simply by updating this posting and without notice to you.

Unless otherwise indicated, all material on this site © Ex-Cell Kaiser LLC. All rights reserved.

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