www.excessica.com, including all site-related content and services, is provided by eXcessica publishing, LLC (hereafter "eXcessica," "we," "us," or "our"). Your use of the Web Site is subject to your compliance with the terms and conditions set forth in this Conditions of Use agreement ("Conditions of Use"), which supplement any additional guidelines or other terms posted by eXcessica in relation to specific Web Site-related services or content or materials. We reserve the right to update or modify the Conditions of Use without advance notice by posting a revised Conditions of Use to this Web Site. By using the Web Site, you agree to be bound by the version of the Conditions of Use then in effect. eXcessica advises you to print and retain a copy of this Conditions of Use in hard copy as a record. eXcessica may deny service to you at any time and in its sole discretion, including, in the event you do not adhere to the Conditions of Use.
Limited License
eXcessica grants a limited, nonexclusive, revocable, nontransferable license to view the contents at www.excessica.com exclusively on the terms and conditions set forth herein.
Return/No Refund Policy
You acknowledge that eXcessica will not provide refunds. eXcessica will replace damaged content with either an undamaged file of the work, or a work of equal value. You must request replacement of damaged files within seventy-two (72) hours of purchase. Requests must be made via the "Contact Us" portal which can be accessed from the sidebar of any page on the Site.
Fraud Policy
eXcessica has the right to put a temporary hold on your account if fraud is suspected. Access to your personal library would not be allowed during the hold period
Copyright
Copyright on this Web Site, including all materials included in it, is owned by or licensed to eXcessica, and all rights are reserved. You must abide by all copyright notices and restrictions contained on the Site.
You may not copy, distribute, enter into a database, display, perform, create derivative works of, transmit, or otherwise use any materials from the Web Site (including audiovisual material, text, graphics or computer programs or other code) ("Site Materials"), except that (1) you may access and view and eBook materials pursuant to the terms of the eXcessica End User License Agreement offered during the process of purchasing a license for limited use of the eBook content, or (2) you may download one machine-readable copy of the Site Materials (other than eBook content) only for personal, noncommercial use. You agree not to alter the text, graphics or audiovisual content, and to refrain from removing any trademark, copyright, or other notice displayed on the Site Materials.
Trademarks
eXcessica Publishing, eXcessica, the eXcessica logo, and any other trademarks or trade names on the Site are trademarks owned by eXcessica OR under license to eXcessica ("eXcessica Trademarks"). You may not use the eXcessica Trademarks in connection with any product or service that does not belong to us, nor in any manner that is likely to cause confusion among users about whether we are the source, sponsor, or endorser of the product or service, nor in any manner that disparages or discredits us.
Disclaimer
The Web Site, including all information included therein, is provided "as is," with no guarantee of completeness, accuracy, timeliness, or of the results obtained from the use of this information.
Limitation of Liability
IN NO EVENT WILL eXcessica OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SITE MATERIALS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, SAVINGS, DAMAGE TO HARDWARE OR LOST OR DAMAGED DATA OR OTHER PROGRAMS ARISING OUT OF THE USE OR INABILITY TO USE THE SITE MATERIALS OR ASSOCIATED INFORMATION (IF ANY), EVEN IF eXcessica HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR ANY CLAIM BY ANY OTHER PARTY. eXcessica's SOLE LIABILITY TO YOU OR ANY THIRD PARTY, AND YOUR SOLE REMEDY ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE USE OF OR INABILITY TO USE THE SITE MATERIALS OR THE INFORMATION PROVIDED HEREWITH, OR DECISION MADE OR ACTION TAKEN IN RELIANCE UPON SUCH INFORMATION, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE WILL NOT EXCEED IN THE AGGREGATE THE FEE PAID BY YOU FOR THE EBOOK MATERIALS, IF ANY. SOME STATES MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO ALL OR A PORTION OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
Indemnification
You agree to defend, indemnify and hold harmless eXcessica and our directors, officers, employees and consultants, from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise out of or from (a) your activities in connection with the Site; and (b) any violation of these Condtions of Use by you, including breach of any representations or warranties made by you in this Conditions of Use.
Links to Third Party Web Sites
Certain links in this Web Site may connect to other web sites maintained by third parties. eXcessica has no control over these web sites or the information or goods or services provided by such third parties. eXcessica shall have no liability for any use or reliance of a user on these third-party web sites.
Links, Frames, and Metatags
You may link to the home page of the Web Site as long as the link does not cast us in a false or misleading light. You may not frame the content of the Web Site. You may not use metatags or any other "hidden text" that incorporates the eXcessica Trademarks or our name without our express written consent.
Comments, Reviews, and Posts by Visitors
You agree to abide by The Submission Policy and User Rules below, as they may be modified from time to time. Please be aware that if you decide to disclose personally identifiable information on the Site, this information may become public. Please see our Privacy Policy below. eXcessica does not control the acts of other visitors to the Site, so please be cautious when deciding to reveal personal information on the Site. If you believe a Site participant is improperly collecting or using information about you or other users, please contact us at webmaster@excessica.com.
About Our Privacy Policy
eXcessica is committed to your right to privacy and to keeping your personal information private. Because our Web Site includes areas in which individuals can provide personally identifying information, we have developed the Privacy Policy below to inform you of our policies and practices regarding information we collect about you on this Web Site. If you have further questions about our policies or practices, please contact us at the following address:
eXcessica Publishing
P.O. Box 54
Kimball, MI48074
or
E-mail: webmaster@excessica.com
Please be aware that if you decide to disclose personally identifiable information on the Site, this information may become public.
Termination
We reserve the right to terminate the Web Site and this Agreement at any time without notice for any reason, including, in the case of the Agreement, for your violation of any of its provisions. The Disclaimer and Limitation of Liability and Governing Law sections of this User Agreement shall survive any such termination.
Miscellaneous
This Agreement, and when applicable the License Agreement for the purchase of a license for eBook Materials, constitutes the entire agreement and understanding between eXcessica and you relating to the use of the Web Site or eBook Materials and supersedes all other prior or contemporaneous understandings, agreements, and communications, and/or advertising by eXcessica, its consultants, employees or agents. This Agreement cannot be amended, modified, or waived, unless the change is written and signed by an authorized officer of eXcessica. If any provision of this Agreement is held unenforceable by any court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. This Agreement is governed by the laws of the State of Michigan, without reference to its conflict of law principles. Venue and jurisdiction for any disputes arising under this Agreement or relating to or arising from the License Agreement, use of any eBook Materials or other products created, distributed, sold, licensed or offered by eXcessica, or information contained therein, shall lie solely in the state or federal courts in St. Clair County, Michigan, and you hereby consent to such personal jurisdiction before such courts and waive any jurisdictional, venue or inconvenient site objections to such courts, in any matter arising out of or related to the Web Site, the End User License Agreement and any products purchased through the Web Site or promoted on the Web Site, and these Conditions of Use. The parties hereto acknowledge that a suit for damages arising out of any breach or violation of any provision of this Agreement will be inadequate and shall cause irreparable harm that cannot be fully remedied by monetary damage and in the event of any breach or violation, or threatened breach or violation, of this Agreement, eXcessica alone shall have the right, in addition to any other rights or remedies available at law or in equity, to obtain injunctive relief without the necessity of proving actual damages. eXcessica may assign its rights and obligations under these Conditions of Use. You agree to comply with all United States and foreign export control laws and regulations. Should you have any questions concerning this Agreement, you may contact eXcessica at webmaster@excessica.com or visit www.excessica.com.
Submission Rules
1. Submissions to the Site: We welcome you to post informative and insightful content, including commentary, subject to your agreement to comply with the Conditions of Use. Please be aware that in order to operate the Site or redistribute materials you post to the Site or otherwise submit to us, we require certain rights in those materials. So, by posting to the Site or otherwise transmitting comments, pieces, ideas or other information in any form (collectively, "Submissions") to us, you grant to us and our designees a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, irrevocable right (including any moral rights) and license (with a right to sublicense) to use, reproduce, distribute, create derivative works based on, perform and display such Submissions (in whole or in part) in any media now known or hereafter developed, for any purpose whatsoever, without compensation to you or any other provider of the Submissions. You also permit any Site participant to access, display, view, store and reproduce such Submissions for personal use.
You acknowledge that to the extent that you include personally identifiable information in Submissions, we may republish such information as part of the content. If we republish your content, we may provide authorship credit by listing your Chat ID as well.
Although eXcessica has no obligation to monitor the Submissions, you acknowledge and agree that we may do one or all of the following: (a) monitor the Submissions; (b) alter, edit, or remove any Submission in whole or in part, at our sole discretion; or (c) disclose any Submissions. This section will survive any termination or expiration of these Conditions of Use.
2. Site Submission Rules: We have adopted the "Site Submission Rules" set forth below to create a Site where information can be shared in a productive way. While using the Site, you agree to adhere to the Site Community Rules below.
You agree to:
• Respect other Site participants - please do not threaten, insult, abuse, intimidate or harass other Site participants.
• Use the Site for your personal use only. Posting entries solely to promote your own projects or commercial interests is not allowed.
You agree not to:
• Post any private information, or otherwise harvest, collect or disclose information, about another Site participant without his or her express consent.
• Post any content, information or disclosures that could be a violation of any state, federal, or local statute, regulation, code or common law principle.
• Post any content to the Site that is unlawful, racist, hateful, libelous, defamatory, obscene, or that intentionally discriminates against or harasses particular individuals or groups.
• Post any content to the Site that infringes any third-party's intellectual property or other rights.
• Use the Site for any unlawful purpose, or transmit or otherwise make available in connection with the Site any material that would give rise to criminal or civil liability.
• Use the Site for advertisements, political campaigning, chain letters, "spamming," survey solicitations, junk mail or solicitations.
• Impersonate any person or entity, including any eXcessica employees, or falsely state or otherwise misrepresent your affiliation with any person or entity.
• Imply or state that eXcessica endorses any of your statements or positions.
• Transmit any harmful, invasive or disruptive code or other materials (such as viruses, worms or web bugs) through or to the Site, or otherwise "hack" or deface any portion of the Site.
• Frame or mirror any part of the Site without our prior written authorization.
You acknowledge that eXcessica has the right, but not the obligation, to modify or remove, any Submissions that violate the Site Rules or that otherwise violate the Conditions of Use.
3. eXcessica's Proprietary Rights and Re-Use Policy: You acknowledge and agree that the information and materials presented on or through the Site will remain the property of eXcessica and its licensors or providers, and are protected by copyright, trademark, patent, and/or other proprietary rights and related laws, rules and regulations. The materials produced by eXcessica (including photographs, graphics, video and audio content, if any) are protected by copyright including, where applicable, as a collective work or compilation under the copyright laws of the United States and other countries. All individual articles, content and other elements comprising this compilation and produced by eXcessica are also copyrighted works. You agree to abide by all additional copyright notices or restrictions contained in any materials produced by eXcessica.
The trademarks, service marks, logos and trade names displayed on the Site (collectively the "Marks") are the registered and unregistered trademarks of eXcessica, eXcessica's licensors and suppliers, and others. All Marks on the Site not owned by eXcessica are the property of their respective owners. The Marks owned by eXcessica, whether registered or unregistered, may not be used in connection with any product or service that is not eXcessica's.
4. Your Additional Representations and Warranties: You represent and warrant to eXcessica that (a) you have full power and authority to enter into this Conditions of Use; (b) your Submissions are original to you or you have obtained all permissions, releases, rights or licenses required to grant the rights and assignments granted herein without obtaining any further releases or consents; (c) and your Submissions do not violate, infringe or misappropriate any third party's copyright, trademark, right of privacy or publicity, or other personal or proprietary right, and do not contain any matter that is defamatory, or protected from disclosure by any law or regulation.
5. Information Available on or Through the Site: Some information made available on or through the Site is provided by third parties or other Site participants (such information referred to as "Third-Party Content"). The inclusion or appearance of Third-Party Content on the Site does not indicate any approval or endorsement by eXcessica of such Third-Party Content, or of any opinion, advice, or other information made or displayed on the Site by any user or other third party. eXcessica is not responsible for, and hereby disclaims any and all liability that may arise from Third-Party Content.
6. Links: Site participants may, on occasion, include links to other web sites and resources in their postings. Because eXcessica has no control over such sites and resources, you acknowledge and agree that eXcessica does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources, or for the availability of such external sites or resources. eXcessica shall have the right, but not the obligation, at any time and in its sole discretion, to block links from or to the Site through technological or other means, without prior notice.
7. Claims of Copyright Infringement: The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by eXcessica infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.
Notices and counter-notices with respect to the Site should be sent to:
eXcessica publishing, LLC
P.O. Box 54
Kimball, MI48074
With a copy to webmaster@excessica.com
To file a copyright infringement notification with us, you will need to send a written communication that meets the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details current as of the date of these Conditions of Use, includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers
eXcessica Privacy Policy
1. How this Web Site gathers information about you
This Web Site collects and maintains certain personal information about you when you send us an e-mail or complete any of our online forms such as Register or Contact Us. The personal information you provide can identify you individually, and includes items such as your name and e-mail address, IP address, address, telephone number, or any other information that you choose to provide to us.
2. Ways information about you is collected
We may actively collect information about you from the following sources: applications, forms, and other information that you provide to us, whether in writing, in person, by telephone, electronically, or by any other means, and by public sources and credit reporting agencies. This information may include your name, address, billing information, and recent purchases. If you choose to send email messages to eXcessica, we may retain the content of your e-mail message, your email address, and our subsequent responses. Please be careful about the information that you provide us by e-mail; as with any public web site, this channel of communication is not necessarily secure against interception.
This Web Site logs these IP addresses and domain names and aggregates them for system administration and to monitor the use of our site. This monitoring helps us evaluate how our Web Site is used and continuously improve the content we provide. As you navigate through this Web Site, certain information can be passively collected (that is, gathered without your actively providing the information) using various technologies and means, such as navigational data collection. This Web Site may use Internet Protocol (IP) addresses. An IP address is a number assigned to your computer by your Internet service provider so you can access the Internet and is generally considered to be non-personally identifiable information, because in most cases an IP address is dynamic (changing each time you connect to the Internet), rather than static (unique to a particular user's computer). We use your IP address to diagnose problems with our server, report aggregate information, determine the fastest route for your computer to use in connecting to our site, and administer and improve the site. We may use the aggregated information to measure the number of visits to our site, the average time spent on our site, the number of pages viewed, and various other site use statistics. While we may review and report aggregated IP address information to eXcessica program participants, this Web Site does not link IP addresses or domain names with any personally identifiable information, which means that a visitor's session will be logged on our servers but the visitor will always remain anonymous.
A "cookie" is a bit of information that a web site sends to your web browser that helps the site remember information about you and your preferences. "Session" cookies are temporary bits of information that are erased once you exit your web browser window or otherwise turn your computer off. Session cookies are used to improve navigation on web sites and to collect aggregate statistical information. This Web Site uses cookies and/or session cookies.
"Internet tags" (also known as Web Bugs, single-pixel GIFs, clear GIFs, invisible GIFs, and 1 by 1 GIFs) are smaller than cookies and tell the Web Site server information such as the IP address and browser type related to the visitor's computer. We do not use Internet tags at this Web Site.
"Navigational data" ("log files," "server logs," and "clickstream" data) are used for system management, to improve the content of the site, market research purposes, and communicate information to visitors. This Web Site uses navigational data.
If you have joined the Web Site, we may send you, via e-mail or post, information impacting our community that we think you might find useful. If you do not wish to receive these communications, please opt-out by updating your profile preferences or sending an e-mail to webmaster@excessica.com, stating that you would like to be removed from our mailing list.
We do not collect any information from you online other than the personal information described above. This Web Site does not use cookies to collect information about you for any reason. A cookie allows eXcessica to determine that a visit has occurred within our site, as well as which pages were viewed. A cookie is NOT used to identify you and will not collect personal information. Cookies are commonly used on web sites and do not harm your PC. You can decide if and how your computer will accept cookies by configuring your preferences option within your web browser.
3. Ways information about you is used
We use the information you provide us to contact you in response to any requests, complaints, or comments you may have about this Web Site, our products or eXcessica. If you have used our Registration form and have elected to join our mailing list, we may also use the information you have provided to us to contact you in the future regarding eXcessica or our products or our partners.
4. What information about you is shared
eXcessica does not collect or compile personal information for distribution to parties outside of eXcessica. Except as described below, eXcessica does not share any information about you with any parties outside of eXcessica.
We will disclose personal information to comply with valid legal processes such as a search warrant, subpoena, or court order, judicial process or regulatory authorities, to prevent fraudulent transactions, or to protect our rights and property. We will disclose information when we believe in good faith that the law requires it.
eXcessica has policies and procedures to limit employee and consultant access to information to only those employees and consultants with a business reason for accessing such information. eXcessica educates its employees and consultants about the importance of confidentiality and customer privacy. We take appropriate disciplinary measures to enforce employee and consultant responsibilities regarding customer information.
5. Implications of collecting and sharing information about you
If you send us e-mail or use our Register form, we will send you an online acknowledgment that we have received your contact. When you complete our Register form, if you join our mailing list, you will also receive other contact from us regarding our community or other topics we feel may be of interest to you.
You will not receive any contact from third parties outside of eXcessica as a result of providing information to us, other than its officers, directors, or consultants and only for the purpose of conducting official company business.
6. Ways you can control the information collected about you
When you register for a customer account, you have the opportunity to join our mailing list. If at a later time you wish to change your participation in our mailing list, you may opt-out by updating your profile preferences or sending an e-mail to webmaster@excessica.com, stating that you would like to be removed from our mailing list. You will receive confirmation that we have received your communication.
If you would like to update information previously submitted to this Web Site or request to have outdated information removed, please follow the links on the Web Site to update such information. To update or modify any information other than that which you may personally update, please e-mail your request to webmaster@excessica.com.
7. E-mailing eXcessica
This Web Site allows you to send e-mail to eXcessica and certain designated individuals. Information you send us will be considered non-confidential and may be used by eXcessica or its affiliates without restriction. DO NOT SEND INFORMATION THAT YOU CONSIDER CONFIDENTIAL OR PROPRIETARY, INCLUDING BUSINESS PLANS OR IDEAS, INVENTIONS, AND THE LIKE. By sending us your ideas, you agree that we may use such ideas without compensation to you.
8. Security
eXcessica takes reasonable steps to protect your personally identifiable information as you transmit your information from your computer to our site and to protect such information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. You should keep in mind that no Internet transmission is ever 100 percent secure or error-free. In particular, e-mail sent to or from this Web Site may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail. Moreover, where you use passwords, ID numbers, or other special access features on this Web Site, it is your responsibility to safeguard them.
Additional Privacy Rights and Resources
You may have other privacy protections under state laws, and eXcessica will comply with applicable state laws with regard to our information practices.
Changes to eXcessica's Privacy Policy
eXcessica reserves the right to modify or amend this Privacy Policy at any time and for any reason. Any changes to this Privacy Policy will be preceded by a notice posted to this Privacy Policy at least ten (10) days prior to the effective date of such change. Please check back periodically, and especially before you provide any personally identifiable information. This Privacy Policy was last updated as of the date shown at the bottom of these Conditions of Use.
COMING SOON
