You agree to defend, indemnify and hold us harmless from and against and in respect of any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys’ fees that we shall incur or suffer which
Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Xcellent, its suppliers or affiliates, or by third parties who have licensed their materials to Xcellent and are protected by international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of Xcellent and is also protected by international copyright laws.
Xcellent and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, photography, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Xcellent’s or any third party’s intellectual property rights.
The Xcellent names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Xcellent, Inc. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
If you believe any content appearing on the Site, whether posted by us or by another visitor, violates the copyright or other proprietary rights of a third party, please notify us immediately, specifically identifying the content in question and the web page on
which it appears, as well as the true copyright owner and any supporting information, and we will take appropriate action.
Changes to the Site
You agree and understand that the Site, including any and all features available via the Site and any User Content (as defined below), may be modified by us, in our sole discretion, at any time without prior notice. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the Site implemented
Site Rules; User Comments
Any comments, suggestions, ideas, materials and other submissions that you send to us through the Site or by email, mail, telephone, at our stores or otherwise, or in any social media accessible in the future through us or our Site or related to or associated with us (“User Comments”) are provided on a non-confidential basis. By submitting User Comments, you are granting us an irrevocable and unrestricted license to the User Comments for any purpose whatsoever, including use, reproduction, publication, broadcast, posting, modification, transmission, display, distribution or creating derivative works.
You agree that no User Comments will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no part of any User Comment will be libelous, unlawful, abusive, offensive or obscene. You are and shall remain solely responsible for any of your User Comments. Xcellent reserves the right to monitor, modify or delete any User Comment, in our sole discretion.
By accessing this Site, each user also agrees not to use the Site to post or transmit any offensive, harmful, unlawful, threatening, libelous, defamatory, obscene, abusive, hateful, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law.
(c) you engage in any conduct which we, in our sole discretion believe is offensive, harmful, defamatory or otherwise harmful to us or others; (d) you breach any other agreement with us.
The Site attempts to display product images shown on the site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display of the color depends, in part, upon the monitor you are using.
This Site and products sold through this Site are intended solely for the personal, non-commercial use of our customers and our potential customers. Our products are not being offered for re-sale unless previous, written authorization has been provided.