BY PLACING AN ORDER FOR PRODUCTS FROM/THROUGH THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS OF SALE. YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH XCEL WEB MARKETING (“XWM”), OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS BY APPLICABLE LAW.
These terms and conditions (these “Terms”) apply to the purchase and sale of products through XcelWebMarketing.com (the “Site”). These Terms are subject to change by Xcel Web Marketing (referred to as “us,” “we,” or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any products that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
1. Acceptance; Returns.
You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion. After receiving your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Xcel Web Marketing and you will not take place unless and until you receive your order confirmation email. Xcel Web Marketing will allow for the return or replacement of any product purchased via the Site within 60 days from the date of purchase.
2. Order Eligibility.
When you place an order, you represent and warrant that (a) you are buying products from the Site for personal use only, not for commercial resale or export; and (b) you will comply with all applicable laws, rules and regulations related to your purchase, receipt, possession, use, and sale of any products from the Site. You represent, warrant and covenant that in accessing and using the Site you have the right to provide and use all information, content, and data that you provide to the Site. You are responsible for any unauthorized creation, collection, receipt, transmission, access, storage, disposal, use, or disclosure of personal information and other information, content, and data under your control or in your possession.
All prices posted on this Site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. All such taxes and charges will be added to your total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. Payment is subject to validation and authorization by both the card company or payment processor and by Xcel Web Marketing to maintain security and prevent fraud. You acknowledge and agree that: (a) Xcel Web Marketing is not a chartered bank or trust company, or depository institution, and (b) Xcel Web Marketing is not authorized to accept deposits or trust accounts and is not licensed or regulated by any state or federal banking authority.
YOUR USE OF THE SITE AND ALL PRODUCTS OFFERED ON THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless Xcel Web Marketing, its affiliates, and their respective officers, directors, employees, contractors, successors, and assigns from and against any liabilities, damages, judgments, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms.
6. Limitation of Liability.
OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, PROCESSING OR DELIVERY DELAYS OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
7. Intellectual Property.
You acknowledge and agree that Xcel Web Marketing is and will remain the sole and exclusive owner of all intellectual property rights in and to each product made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related intellectual property rights. You do not and will not have or acquire any ownership of the products made available through this Site, or of any intellectual property rights relating to those products. The Xcel Web Marketing family of trademarks, service marks, and other marks of indicia, including all related names, logos, product names, designs, and slogans are trademarks of Xcel Web Marketing or its affiliates or licensors. You must not use such marks without the prior written permission of Xcel Web Marketing.
8. Privacy; Security.
9. Governing Law and Jurisdiction.
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of Georgia. Any litigation under or related to these Terms shall be brought and maintained in the state and federal courts located in Atlanta, Georgia. You irrevocably submit to the exclusive jurisdiction of these courts, agree to file all pleadings in connection with the subject matter of these Terms in such courts, and waive any objection to the laying of the venue of any legal action brought under or in connection with the subject matter of these Terms in such courts. NO CLAIM OR ACTION UNDER THESE TERMS BY YOU AGAINST XCEL WEB MARKETING MAY BE BROUGHT MORE THAN 12 MONTHS AFTER SUCH CAUSE OF ACTION ARISES. YOU AND XCEL WEB MARKETING EACH IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. You and Xcel Web Marketing agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class action or representative action.
We may provide any notice to you under these Terms by sending a message to the email address you provide or by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
Last Updated January 5, 2023