Welcome to proexcelconsulting.com. Pro Excel Consulting (PEC) is a corporation that provides website features to you subject to the following conditions. If you visit or shop at proexcelconsulting.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future PEC service or business (e.g., webhosting and email services) you also will be subject to the guidelines, terms and agreements (“Terms”) applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.
Please review our Privacy Notice, which also governs your visit to proexcelconsulting.com, to understand our practices.
When you visit proexcelconsulting.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
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 PEC or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of PEC and protected by U.S. and international copyright laws. All software used on this site is the property of PEC or its software suppliers and protected by United States and international copyright laws.
PEC and proexcelconsulting.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of PEC in the U.S. and/or other countries. PEC’ trademarks and trade dress may not be used in connection with any product or service that is not PEC’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PEC. All other trademarks not owned by PEC 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 PEC.
LICENSE AND SITE ACCESS
PEC grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of PEC. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of PEC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PEC without express written consent. You may not use any meta tags or any other “hidden text” utilizing PEC’ name or trademarks without the express written consent of PEC. Any unauthorized use terminates the permission or license granted by PEC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to proexcelconsulting.com pages so long as the link does not portray PEC or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any PEC logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site and establish an accout, 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. PEC sells products and services to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use proexcelconsulting.com only with involvement of a parent or guardian. PEC reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-mails and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. PEC reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant PEC a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant PEC and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify PEC for all claims resulting from content you supply. PEC has the right but not the obligation to monitor and edit or remove any activity or content. PEC takes no responsibility and assumes no liability for any content posted by you or any third party.
PEC respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us at email@example.com.
RISK OF LOSS
All items purchased from PEC are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PEC attempts to be as accurate as possible. However, PEC does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by PEC itself is not as described, your sole remedy is to return it in unused condition.
REFUNDS AND RETURNS
For Services (such as web hosting), if you are dissatisfied with our performance for any reason, PEC will either correct the unsatisfactory work at its expense or cancel charges related to the unsatisfactory work. PEC’ liability and your exclusive remedy is limited to correction of unsatisfactory work, or, at either party’s (PEC’ or yours) option, cancellation of all charges for unsatisfactory work. In no event shall PEC’ liability exceed the contract amount.
For Products: Our return policies vary depending on the type of item you’d like to return. You may return most new, unopened items sold and fulfilled by proexcelconsulting.com within 30 days of delivery for a full refund.
Contact firstname.lastname@example.org for refunds and returns.
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant.
With respect to items sold by PEC, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Please note that this policy applies only to products sold and shipped by PEC. Your purchases from third-party sellers are charged at the time you place your order, and third-party sellers may follow different policies in the event of a mispriced item.
Parties other than PEC may operate stores, provide services, or sell product lines on this site. For example, IXN.com offers Managed Hosting Services and other businesses and individuals offer products for check out through Netto eCommerce. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. PEC does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY PEC ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PEC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PEC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PEC DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM PEC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PEC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting proexcelconsulting.com, you agree that the laws of the state of Michigan, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and PEC.
Any dispute relating in any way to your visit to proexcelconsulting.com or to products or services sold or distributed by PEC or through proexcelconsulting.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $5,250 shall be adjudicated in any state or federal court in Franklin County, Ohio, and you consent to exclusive jurisdiction and venue in such courts.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as ourPrivacy Notice, posted on this site. These policies also govern your visit to proexcelconsulting.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Pro Excel Consulting
2559 West Choctaw Drive
London, OH 43140 email@example.com 1-800-419-1545
Notice & Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide proexcelconsulting.com the written information specified below. Please note that this procedure is exclusively for notifying PEC that your copyrighted material has been infringed.
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site, including the web address (URL), if applicable;
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.
Users must respect the legal protection provided by copyright and licenses to programs and data, as well as trademarks and service marks.
Users must respect the integrity of computing and network systems. Users shall not intentionally develop or use programs that harass other users or infiltrate a computer, computing system or network and/or damage or alter the software components of a computer, computing system or network.
Use should be consistent with guiding ethical statements and accepted community standards. Malicious use is not acceptable.
PEC systems may not be used in ways that violate applicable laws or regulations. This includes regulations set forth by any remote system that a connection is made to. All users are responsible for reading and following the guidelines of remote networks.
Use of the PEC systems in a manner that precludes or significantly hampers its use by others is not allowed. Any process running on an PEC machine that uses more than 5% CPU utilization at any given time is considered excessive, and may be killed by an PEC authorized system administrator if it is deemed necessary.
The size of storage space provided to customers may be limited by PEC at its discretion, unless otherwise agreed upon in writing.
Unsolicited advertising is not acceptable. Advertising is permitted on some Web pages, mailing lists, news groups and similar environments if advertising is explicitly allowed in that environment.
Repeated, unsolicited and unwanted communication of an intrusive nature is not acceptable. For example, continuing to send e-mail messages to an individual after being asked to stop is not acceptable.
PEC will not monitor or judge the content of information transmitted over its connection, but will investigate complaints of possible inappropriate use. In the course of investigating complaints, PEC staff will safeguard the privacy of all parties and will themselves follow the guidelines given in this policy.
Remedial Action: When PEC learns of possible inappropriate use, staff will notify the Customer responsible, which must take immediate remedial action and inform PEC of its action. In an emergency, in order to prevent further possible inappropriate activity, PEC reserves the right to temporarily disable a user’s connection, and/or resources available to them. If this is deemed necessary by PEC staff, efforts will be made to inform the Customer prior to disconnection, and efforts will be made to re-establish the service as soon as it is mutually deemed safe.
Again, there is no express or implied warranty of merchantability or fitness for a particular purpose. In no event shall PEC be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (Including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of the PEC services, even if advised of the possibility of such damage.
Termination of Service
PEC may terminate service immediately when a severe breach in security, or attempt thereof is observed. PEC reserves the right to cancel any service (with 30 days notice) at any time for any reason.
Failure to pay for services for two weeks after the initial payment is due for the agreed time period may result in a freeze on the account until payment for services is received. After one month has passed, and payment has still not been received, the account, and all user data may be removed from the system. All incurred charges will remain intact.
Written notice must be received by PEC staff with a minimum 30 days prior to the date that the account will be terminated. Written notice does not include email messages.
Termination for cause by Company or repudiation by Customer shall not relieve Customer of liability incurred prior to such termination.
All pre-paid services are forfeited, and are non-refundable when a breach in the terms of service results in the termination of a user account.
PEC reserves the right to change this Terms of Service Use at any time for any reason. It is the sole responsibility of the user to check for any updates that are made. Major changes to this agreement will be emailed to users of the system when deemed appropriate by the PEC staff.
See our Privacy Analysis for information about how information you share with PEC is used.
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