Website Terms of Use

AEXCELCORP.COM WEBSITE TERMS OF USE     

Last Modified:  February 2021

Acceptance of the Terms of Use

Welcome to the Aexcelcorp.com website (the “Website”). This Website is operated on behalf of Aexcel Corporation (“Aexcel,” or "We"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of the Website, including any content, functionality, and services offered on or through this Website.

Please read the Terms of Use carefully before you start to use the Website. These Terms of Use were last modified as of the date set forth above. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy [insert link to the website privacy policy], which is incorporated into these Terms of Use. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

Aexcel reserves the right to discontinue or block your access to this Website and to its features in its sole discretion for any reason including, without limitation, any violation by you of these Terms.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are at least 18 years old. If you are not, you must not access or use the Website.

 

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in "Governing Law and Jurisdiction" below will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page regularly, so you are aware of any changes, as they are binding on you.

 

Accessing the Website and Account Security

We reserve the right to cease operation of or modify this Website and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access to some parts of the Website or the entire Website.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them
  • All activity on the Website facilitated by your access to it

You may be offered the opportunity to provide certain information through the Website. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to this Website or otherwise including, without limitation, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Intellectual Property Rights

The Website and its features, and functionality are owned by Aexcel, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your own legitimate and lawful business purposes. You must not reproduce, distribute, modify, create derivative works derived from, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
  • You may store files that are automatically cached by your Web browser for display enhancement purposes;
  • You may print or download 1 copy of a reasonable number of pages of the Website for your own legitimate and lawful business purposes use and not for further reproduction, publication, or distribution; and
  • You may use features of the Website that permit you to forward Website content, but only if you do so in a manner consistent with these Terms of Use

You must not:

  • Modify copies of any materials as they appear on this Website
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

Aexcel’s name and logo and all related names, logos, product and service names, designs, and slogans, as well as Aexcel.com are trademarks of Aexcel or its affiliates or licensors. You must not use such marks without the prior written permission of Aexcel. All registered and unregistered trademarks, including other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation or professional rules or standards (including, without limitation, any laws regarding the export of data or software to and from the US or other countries)
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter" or "spam," or any other similar solicitation
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing)
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website or which, as determined by us, may harm the Company or users of the Website or expose them to liability

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent
  • Use any device, software, or routine that interferes with the proper working of the Website
  • Introduce any viruses, malware, spyware, ransomware, Trojan horses, worms, logic bombs, or other code or material that is malicious or technologically harmful
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack
  • Otherwise attempt to interfere with the proper working of the Website

 

User Submissions

 

The Website may allow you to post text, photograph, video, post, communication, music, audio/sound recording, artwork, ratings, reviews or other materials or information you submit to the Site (each a "Submission"). When you submit a Submission, you agree to the following:

    • your Submission is original, accurate, created by you, and not an impersonation;
    • you are over the age of majority, or, if a minor, your parent or legal guardian consents to your submission;
    • your Submission is made without any prior payment or promise of payment for your proposed Submission now or in the future;
    • your Submission is not false, misleading, offensive, profane, vulgar, obscene, derogatory, defamatory, libelous, slanderous, or otherwise inappropriate;
    • your Submission does not contain content which infringes any third party's copyright, patent, trademark, trade secret, right of publicity, right of privacy, moral rights, or any other applicable personal or proprietary rights;
    • your Submission does not contain content that violates any law, statute, ordinance or regulation or content that engages in, encourages, advocates, or provides instructions for conduct that would constitute a criminal or civil offense under any law, statute, ordinance or regulation;
    • your Submission does not contain material or content that is, or may reasonably be considered to be, hate speech, whether directed at an individual or group, or that is otherwise unlawfully threatening or unlawfully harassing to any individual, partnership, corporation, or political body;
    • your Submission does not contain content which includes third party websites, addresses, email addresses, contact information, phone numbers, other information or opinions about an identified or reasonably identifiable individual or private information (including sensitive information) without obtaining prior consent from that individual for sharing such information with Aexcel;
    • your Submission does not contain programming or materials containing any Trojan horses, viruses, worms, harmful code, or other potentially damaging information, programs, or file; and
    • Aexcel’s use of your Submission does not violate these Terms and will not cause injury to any person or entity.Aexcel may edit, refuse to post, block access to, or remove all or part of any Submission in its discretion for any reason or no reason, including without limitation if Aexcel suspects that a Submission is untrue, inaccurate, infringing, or otherwise unlawful, or the email address or other information provided with the Submissions is invalid, false, or misleading. Aexcel may, in its discretion, suspend or terminate your account and refuse any and all current or future use of the Websites and hold you responsible for any claim or damages arising from your Submissions. Aexcel may disclose any Submissions to any regulatory or criminal authority or third party.Aexcel does not and cannot review all Submissions posted to or created by users accessing the Site and is not in any manner responsible for the content of these Submissions. Aexcel will have no obligation to post or use any Submission. Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any Submission will be considered non-confidential and non-proprietary. Aexcel will have no confidentiality obligations with respect to the Submissions.
  • By submitting a Submission, you grant to Aexcel:
  • a non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicenseable and transferable right and license to access, use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, display, and perform such Submission(s), in whole or in part, in any media, format or technology, whether now known or hereafter discovered, and in any manner including, but not limited to, all promotional, public viewing or commenting (whether on Aexcel's web pages or on third party web pages), advertising, marketing, merchandising, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law);
    • an unrestricted, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicensable and transferable right and license to use your name, nickname, user name, biographical information, vocal recordings of you, and any illustrations, photographic or videographic clips, portraits, likenesses or pictures of you or any other indicia of your right of publicity rights (collectively "Your Personal Content") as contained in your Submission(s), in composite or distorted form or as otherwise incorporated into other creative works of authorship, in any media, format or technology, whether now known or hereafter discovered, and in any manner including, but not limited to, all promotional, public viewing and/or commenting (whether on Aexcel's web pages or on third party web pages), advertising, marketing, merchandising, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law).By submitting a Submission, you agree to release, hold harmless and indemnify on behalf of yourself and your successors, assigns and representatives, Aexcel and each of its respective officers, directors and employees from and against any and all claims, suits, actions, demands, liabilities and damages of any kind whatsoever arising out of or in connection with the use of such Submission, including, without limitation, any and all claims for false advertising, copyright infringement, invasion of privacy, violation of the right of publicity or of moral rights, and/or defamation. Without limiting the foregoing, in no event will you be entitled to, and you waive any right to, enjoin, restrain or interfere with use of the Submission or Your Personal Content embodied in such Submission or the exploitation of any of the Aexcel's rights as noted above. Finally, we appreciate hearing from the public and welcome your comments regarding the Site or Aexcel projects or Content. If you send us any creative ideas, suggestions, inventions, or materials (“Creative Ideas”), you agree that Aexcel: (a) will own, exclusively, all now known or later discovered rights in and to the Creative Ideas and that you have the full right and authority to grant and convey the exclusive ownership of the Creative Ideas to Aexcel in accordance with these Terms; (b) will not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas for any purpose; and (c) will be entitled to the unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation or attribution to you or any other person; and (d) you expressly waive any right to contest Aexcel’s ownership of any intellectual property rights related to the Creative Ideas. 
  • Reliance on Information Posted
  • You acknowledge that you may not terminate or rescind the grants of rights and licenses or the releases contained in these Terms at a later time. Aexcel does not guarantee that you will have any opportunity to edit or delete your Submission. You acknowledge that you are solely responsible for the contents of any Submission.
  • You also agree to waive any applicable moral rights as contained in your Submission(s) for any of the proposed uses listed above.

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents

This Website may include (or include links to) content provided by third parties. All statements expressed in these materials and all articles and responses to questions and other content, other than the content provided by Aexcel itself, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Aexcel. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.

The information and advice published or made available through this Website is for informational purposes only, is not a substitute for professional advice or services. Any action on your part in response to the information provided in this Website is at your discretion.  

 

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Website

You may link to our homepage provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you
  • Cause the Website or portions of it to be displayed or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other site
  • Link to any part of the Website other than the homepage
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable any links at any time without notice at our discretion.

Links From the Website

The Website may contain links to other sites and resources provided by third parties. These links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for, and the policies (including privacy policies) of, such websites.

 

Geographic Restrictions

Aexcel maintains this Website is maintained in the United States. We make no claims that the Website or any of its content is accessible or appropriate in any particular country or jurisdiction. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside of its country or countries of operation, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT ANY CONTENT, FILES OR OTHER DATA AVAILABLE FOR ACCESS OR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND MECHANISMS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER AEXCEL NOR ANY PERSON ASSOCIATED WITH AEXCEL MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER AEXCEL NOR ANYONE ASSOCIATED WITH AEXCEL REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

AEXCEL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL AEXCEL, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MANAGERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Aexcel, its affiliates, licensors, and service providers, and its and their respective officers, directors, managers, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

 

 

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including noncontractual disputes or claims) shall be governed by, and construed in accordance with, the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal or state located in the Northern District of Ohio, and you consent to the exercise of personal jurisdiction by, and exclusive venue in, such courts, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You agree that any action you bring against us, our officers, directors, employees, agents and representatives and those of any affiliate of ours relating in any way to this Website or your interaction with it or your use of any functionality of the Website will be brought solely in your individual capacity and you waive any right to institute, maintain, prosecute or participate in any class, mass, representative or collective action. To the extent you are permitted by law or by a court to proceed with a class, mass, representative or collective action, you agree that: (i) you shall not be entitled to recover attorneys’ fees or costs associated with pursuing such an action; and (ii) the party who initiates or participates as a member of the class will not submit a claim or otherwise participate in any recovery secured through the class or representative action. You also waive any right to a trial by jury in any such action.

Waiver and Severability

No waiver by Aexcel of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Aexcel to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Aexcel with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.