Use Of The Site
Xcelerate maintains the Site for your use for purposes of managing and supporting your lease. Your use of the Site for any other purpose is permissible only upon the express prior written consent of Xcelerate. Without limiting the foregoing, you may not:
- use the Site in a commercial manner, other than for the purposes of managing and supporting your lease, including by distributing, transmitting or publishing the Site or any of its content;
- interfere with others’ use of the Site;
- impair the Site’s operation or interfere with or disrupt the servers or networks connected to it;
- interfere with Xcelerate’s intellectual property rights;
- frame or otherwise co-brand the Site or any of its content;
- deep-link to any portion of the Site; or
- use the Site for any illegal purpose.
We reserve the right in our sole discretion to terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party. In such event, we may inform you Internet service provider of your activities and take appropriate legal action.
We reserve the right, in our sole discretion, to modify, suspend or discontinue any part of the Site at any time, without notice or liability to you or any third party. We also reserve the right, in our sole discretion, to impose limits on certain features and services.
Links To Other Sites
The Site may include links to third-party Websites. Xcelerate does not control and is not responsible for the content or privacy policies of any linked site, and the inclusion of any link on the Site does not imply our endorsement of it.
Reservations & Transactions
All transactions made through the Site are subject to Xcelerate’s acceptance, which is in our sole discretion. Without limitation, this means that Xcelerate may refuse to accept or may cancel any transaction, whether or not the transaction has been confirmed, for any or no reason, in our sole discretion, and without liability to you or any third party.
By using the Site, you consent to receiving electronic communications and notices from Xcelerate. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
All copyrightable text, graphics, sound, downloads, software, including source and binary code, and other material (collectively, the “Content”), the selection, compilation, arrangement and presentation of all materials, and the overall design of the Site are copyrighted by Xcelerate, or are licensed to Xcelerate, and are protected by law. All rights reserved. The Site may also contain content that is owned by third parties, including our advertisers. You may use such third-party content only as expressly authorized by the applicable owner. All requests for permission to reprint or make any other use of the Content should be addressed to Intellectual Property Manager, Copyright Reprint Permission, 3001 Dallas Parkway Suite 230, Frisco, TX 75034. Xcelerate does not warrant that your use of materials displayed on or linked to the Site will not infringe the rights of third parties.
Claims of Copyright Infringement. If you believe that materials posted on the Site violate your intellectual property rights, please contact Xcelerate at Intellectual Property Manager, Intellectual Property Questions, 3001 Dallas Parkway Suite 230, Frisco, TX 75034. Please include:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other proprietary interest;
- a description of the copyrighted work or other protected material that you claim has been infringed upon;
- a description of where the material is located on the Site;
- your address, telephone number and email address;
- your statement that you have a good faith belief that the disputed use is not authorized by the copyright or other interest owner, its agent or the law; and
- your statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or other interest owner or are authorized to act on the owner’s behalf.
Use Of Information Submitted
You agree that Xcelerate is free to use any comments, information or ideas contained in any communication you may send to us, without compensation, acknowledgement or payment to you, for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Site or other products or services.
While we use our best efforts to maintain the accuracy and reliability of the Site, we do not warrant or represent that it will always function or be error-free. We assume no responsibility or liability for errors or omissions on the Site or for problems with its operation. Your access and use of the Site are at your own risk. Without limiting the foregoing, THE SITE, ITS CONTENT AND ANY PRODUCT OR SERVICE OFFERED THROUGH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of certain warranties, so the above may not apply to you.
Limitation of Liability
IN NO EVENT SHALL XCELERATE, ITS ASSIGNEES, AND EACH SUCH COMPANY’S DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OR INABILITY TO USE THE SITE, ANY INFORMATION PROVIDED BY THE SITE OR ANY TRANSACTION ENTERED INTO THROUGH THE SITE. Some jurisdictions do not allow the exclusion of certain damages, so the above may not apply to you. If any authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law.
You agree to indemnify and hold Xcelerate and its related companies and each of their respective directors, officers, employees and agents harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and costs, arising, directly or indirectly, in whole or in part, out of your access or use of the Site or your violation of any law or the rights of any person.