PLEASE READ CAREFULLY BEFORE ACCESSING OR USING FB ADS SITES OR COURSES ON EXCELATION.CO OR PROPRIETARY FB ADS SYSTEMS INCLUDING ANY AUDIO AND/OR VISUAL PRESENTATIONS AND PROGRAMS ASSOCIATED WITH EXCELATION COURSES OR SERVICES. BY ACCESSING OR USING THE PROGRAM(S), YOU ACKNOWLEDGE THAT:
• YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, AND
• YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
1. EXCELATION is engaged in the business of providing marketing and client coaching services.
2. YOU desire to engage EXCELATION to provide business marketing and client coaching training to YOU in the form of Webinars, Audio and/or Visual Presentations, and periodic personal coaching and evaluation.
NOW, THEREFORE, EXCELATION and YOU agree as follows:
SECTION 1: Membership and Program Fees
1.1. Programs: Under the terms of this Agreement, EXCELATION agrees to provide business training services to YOU in the form of Webinars, Audio and/or Visual Presentations, and periodic personal coaching and evaluation (“Programs”) in exchange for a Program Fee. Progression between Programs will occur automatically, and Program Fees will be determined according to paragraph 1.2. below. Your access to such Programs is made conditional on payment of such Program Fee.
Programs are ongoing membership which includes:
• Access to EXCELATION training modules
• Access to private EXCELATION groups
• Access to support call & replays
1.1.2. Term: The Term of this Agreement will commence upon YOUR acceptance of this Agreement and payment of the applicable Program Fee. YOU agree and understand that upon commencement of the Term of this Agreement, you will become enrolled in the ONGOING EXCELATION membership.
1.1.3. Termination: EXCELATION may terminate this Agreement at any time in its discretion upon notice to YOU. Sections 2, 3 and 4 below shall survive expiration or termination of this Agreement.
1.2. Program Fees: By accepting the terms of this Agreement, YOU are agreeing to pay EXCELATION Program Fees as follows:
(i) $5800 one-time subscription fee, if you choose the one-time payment option; or
(ii) $3000 two-pay option.
1.3. No Refunds: EXCELATION has a strict, no refund policy. By accepting the terms of this Agreement, YOU agree and understand that you are foregoing the right to claim any refund of fees paid for access and use of the Program(s) offered by EXCELATION. YOU further acknowledge that in accepting the terms of this Agreement and affirmatively seeking the benefits of and membership in such Programs, YOU are taking full responsibility for YOUR OWN success. Thus, YOU agree that you will not request a refund.
SECTION 2: NO WARRANTIES
2.1. Success not Guaranteed: By accepting the terms of this Agreement, YOU agree and understand that EXCELATION provides Program(s) related to training only and does not guarantee or promise any specific results or success. YOU take full responsibility for YOUR own success. EXCELATION makes no representations or warranties, expressed or implied, with regard to the Programs, any services or this Agreement, including, but not limited to, implied warranties of merchantability and fitness for particular purpose or any warranty arising out of the course of dealing, custom or usage of trade.
2.2. Limited Liability: In no event will EXCELATION be liable to YOU or anyone claiming by, through or under You for any losses or damages, including any special, incidental, indirect or consequential damages whatsoever, or damages for loss of business profits or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if EXCELATION has been advised of the possibility of such damages. Limitations herein described shall be applied to the greatest extent enforceable under applicable law.
SECTION 3: INTELLECTUAL PROPERTY RIGHTS; CONFIDENTIALITY
3.1. Intellectual Property: YOU acknowledge and agree that EXCELATION has invested considerable time and resources in developing the Programs and in providing services, using EXCELATION intellectual property, trade secrets, proprietary information, techniques, strategies, tactics, methods, know-how, processes and other confidential information of EXCELATION. YOU acknowledge that any Audio and/or Visual Presentations, Documentation, and other elements of the program are the sole Intellectual Property of EXCELATION under United States copyright, trademark and other intellectual property laws and international treaties. YOU further acknowledge and agree that, as between YOU and EXCELATION and its third party licensors own and shall continue to own all right, title, and interest in and to the Audio and/or Visual Presentations, Documentation, and other elements of the System, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited, revocable license expressly granted to you herein, this Agreement does not grant you any ownership or other right or interest in or to the Audio and/or Visual Presentations, Documentation, and other elements of the Webinar System, or any other intellectual property rights of EXCELATION whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that EXCELATION uses in connection with services rendered by EXCELATION are marks owned by EXCELATION. This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
3.2. Confidentiality: Only authorized users, who have duly obtained access to any Programs offered by EXCELATION by personally agreeing to the terms of this Agreement are permitted to use, access and participate in such Programs. Except as expressly authorized by this Agreement, YOU shall not provide or make available any Documentation, Video, Audio, or any login member credentials to any third party, or use the Documentation, Video, Audio, or any login member credentials to teach any third party, or otherwise disclose or discuss information revealed in any portion of the Program(s) for any purpose other than exercising rights expressly granted to you by this Agreement. YOU agree to immediately notify EXCELATION if you become aware of or suspect that a third party (i) has used your login member credentials to access Programs or (ii) has otherwise accessed Programs or received Program information without the authorization of EXCELATION.
SECTION 4: Miscellaneous
4.1. No Assignment: The rights and obligations under this Agreement are personal to YOU. YOU may not assign or transfer any rights or obligations under this Agreement.
4.2. Indemnification: YOU agree to defend, indemnify, and hold EXCELATION, its agents, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including reasonable attorney fees, arising out of or in connection with any use of the Programs of this Agreement, including without limitation, any breach of this Agreement by YOU or unauthorized use of Programs.
4.3. Amendment: EXCELATION reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement at excelation.co.
4.4. Promotional Material: By accepting the terms of this Agreement and affirmatively seeking the benefits of membership in the Programs offered by EXCELATION, YOU acknowledge and agree that EXCELATION may at any time reproduce and/ or disseminate any testimonial(s) describing or otherwise referencing, either directly or indirectly, YOUR experience participating in such Programs, including any specific results experienced by YOU over the course of such participation. YOU agree and acknowledge that this includes any written statements you may publish to social media accounts and online forums as well as any statements and/or images captured or otherwise recorded over the course of attendance at any events related to such Programs.
4.5. Support Calls: The support calls shall be recorded and shared to existing and future EXCELATION students. All private material shall be kept confidential should the material ever be published outside of the EXCELATION Program. By accepting the terms of this Agreement and requesting assistance for your own campaigns or your client’s campaigns, you acknowledge that your own account or client accounts will be recorded and shared as replay and training material.
4.6. Applicable Law and Venue: This Agreement will be governed in all respects, whether as to validity, construction, capacity, performance, choice of law or otherwise, by the laws in the Commonwealth of Massachusetts. Customer hereby consents to the exclusive jurisdiction of the federal and state courts having a situs in Suffolk County, Massachusetts over any proceeding initiated with respect to the enforcement or interpretation of this Agreement. If any action at law or equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party will be entitled to reasonable attorneys’ fees, costs, and disbursements in addition to any other relief to which it may be entitled.
4.7. Entire Agreement: This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between YOU and EXCELATION concerning the Programs, and this Agreement supersedes and replaces any prior proposal, representation, or understanding YOU may have had with EXCELATION relating to the Programs, whether oral or written.
4.8. Changes to this Terms of Service: Any changes that we may make to our Terms of Service in the future will be posted on our website.
BY PURCHASING, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ALL OF THE AFOREMENTIONED TERMS, INCLUDING THOSE RELATED TO PROGRAM FEES, AUTOMATIC MONTHLY BILLING, STRICT NO REFUND POLICY, INTELLECTUAL PROPERTY AND CONFIDENTIALITY.