Terms of Service

Effective Date: [8/5/24]

1. Introduction

Welcome to Xcess CPG (“we,” “our,” “us”). These Terms of Service (“Terms”) govern your use of our website XcessCPG, our services, and any other related materials provided by Xcess CPG (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our Services.

2. Changes to Terms

We reserve the right to modify these Terms at any time. Any changes will be posted on this page with an updated effective date. Your continued use of our Services after such changes constitutes your acceptance of the new Terms.

3. Use of Services

3.1 Eligibility

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you meet this requirement.

3.2 Account Registration

To access certain features of our Services, you may be required to create an account. You agree to provide accurate, complete, and current information during the registration process and to update such information to keep it accurate, complete, and current.

3.3 Prohibited Conduct

You agree not to:

  1. Use our Services for any unlawful purpose or in violation of any applicable laws or regulations.
  2. Interfere with or disrupt the Services or servers or networks connected to the Services.
  3. Transmit any malware, viruses, or other harmful code through our Services.
  4. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity.
  5. Use our Services to harass, abuse, or harm another person or to violate their privacy.

4. Intellectual Property

4.1 Ownership

All content and materials available through our Services, including but not limited to text, graphics, logos, images, and software, are the property of XcessCPG or its licensors and are protected by intellectual property laws.

4.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for your personal, non-commercial use.

5. Payment and Refunds

5.1 Payment

If our Services involve payment, you agree to provide accurate and complete payment information and to pay all applicable fees. Fees are due and payable as specified in the applicable service or product description.

5.2 Refunds

Refunds, if applicable, will be provided in accordance with our refund policy, which is detailed in a Master Services Agreement, or Statement of Work, or as otherwise communicated to you.

6. Termination

We may terminate or suspend your access to our Services at any time, with or without cause, and with or without notice. Upon termination, your right to use our Services will immediately cease.

7. Disclaimer of Warranties

Our Services are provided “as is” and “as available” without any warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

8. Limitation of Liability

To the fullest extent permitted by law, XcessCPG shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of our Services, even if we have been advised of the possibility of such damages.

9. Indemnification

You agree to indemnify, defend, and hold harmless XcessCPG and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses arising out of or in any way connected with your use of our Services or your violation of these Terms.

10. Governing Law

These Terms are governed by and construed in accordance with the laws of New York, USA, without regard to its conflict of laws principles. Any disputes arising under or in connection with these Terms shall be resolved in the courts located in Katonah, New York.

11. Miscellaneous

11.1 Entire Agreement

These Terms constitute the entire agreement between you and XcessCPG regarding your use of our Services and supersede all prior agreements and understandings.

11.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

11.3 Waiver

The failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

12. Contact Us

If you have any questions or concerns about these Terms or our Services, please contact us at:

Xcess CPG
7 Meadow Lane, Katonah, NY 10536
info@xcesscpg.com

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