Excel Media Company

Go-Excel Lead Gen Platform

Terms of Use

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Terms and Conditions

 

Agreement between

Agent/User and https://go-excel.com; http://my.go-excel.com, [Excel Media Company's

Lead Generation Platform]

Welcome to https://go-excel.com; http://my.go-excel.com. The

https://go-excel.com; http://my.go-excel.com website (the "Site") is

comprised of a web application operated by Excel Media Company

("Excel Media"). https://go-excel.com; http://my.go-excel.com is

offered to you conditioned on your acceptance without modification of the

terms, conditions, and notices contained herein (the "Terms"). Your

use of https://go-excel.com; http://my.go-excel.com constitutes your agreement

to all such Terms. Please read these terms carefully, and keep a copy of them

for your reference.

 

https://go-excel.com; http://my.go-excel.com is a Software

Application for Lead Generation and Management.

 

This web-based software application is designed to provide

real-time access to newly generated lead data. Each agent client receives a

unique spreadsheet on our platform to access and manage data.

 

Privacy

Your use of https://go-excel.com; http://my.go-excel.com is

subject to Excel Media's Privacy Policy. Please review our Privacy Policy,

which also governs the Site and informs users of our data collection practices.

 

Electronic

Communications

Visiting https://go-excel.com; http://my.go-excel.com or

sending emails to Excel Media constitutes electronic communications. You

consent to receive electronic communications and you agree that all agreements,

notices, disclosures and other communications that we provide to you

electronically, via email and on the Site, satisfy any legal requirement that

such communications be in writing.

 

Children Under

Thirteen

Excel Media does not knowingly collect, either online or

offline, personal information from persons under the age of thirteen. If you

are under 18, you may use https://go-excel.com; http://my.go-excel.com only

with permission of a parent or guardian.

 

Cancellation/Refund

Policy

Refunds are only available for a limited time post-purchase.

The deadline for refund is the moment the campaign goes live. In the event of a

refund, transaction fees are not refunded. The total refunded shall equal the

purchase price less all transaction fees.

 

Lead Replacement

Individual leads are nonrefundable. However, there are

certain instances where a lead may be replaced at no extra cost to the agent.

Excel Media-operated software failure or malfunction

constitutes a valid replacement. Examples include:

- Our algorithm misinterprets the state, resulting in you

receiving a lead from a state in which you are not licensed. NOTE: Facebook and

other social media platforms often fail to draw “hard” lines at state borders. Facebook

will show the ad to users who “Live in or had recently lived in” the designated

state. This will occasionally result in the generation of a lead in an

unintended state.  Excel Media will make

efforts to reassign this type lead and replace it with a newly generated lead

from the desired state. Understand that this is NOT guaranteed. Excel Media

will exercise this replacement at our discretion, but we are NOT obligated to

do so by this agreement.

- An input error occurs on our end, resulting in your

automated messages not being received.

Replacement requests must be submitted by email and reviewed

by Excel Media before replacement. 

NOTE:  The automated messaging

system will fail if the prospect or social media platform provides an incorrect,

disconnected, or otherwise nonworking phone number. Excel Media is NOT

obligated to replace the lead as this is not a system error.

 

Links to Third Party

Sites/Third Party Services

https://go-excel.com; http://my.go-excel.com may contain

links to other websites ("Linked Sites"). The Linked Sites are not

under the control of Excel Media and Excel Media is not responsible for the

contents of any Linked Site, including without limitation any link contained in

a Linked Site, or any changes or updates to a Linked Site. Excel Media is

providing these links to you only as a convenience, and the inclusion of any

link does not imply endorsement by Excel Media of the site or any association

with its operators.

 

Certain services made available via https://go-excel.com;

http://my.go-excel.com are delivered by third party sites and organizations. By

using any product, service or functionality originating from the

https://go-excel.com; http://my.go-excel.com domain, you hereby acknowledge and

consent that Excel Media may share such information and data with any third

party with whom Excel Media has a contractual relationship to provide the

requested product, service or functionality on behalf of https://go-excel.com; http://my.go-excel.com

users and customers.

 

No Unlawful or

Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable

license to access and use https://go-excel.com; http://my.go-excel.com strictly

in accordance with these terms of use. As a condition of your use of the Site,

you warrant to Excel Media that you will not use the Site for any purpose that

is unlawful or prohibited by these Terms. You may not use the Site in any

manner which could damage, disable, overburden, or impair the Site or interfere

with any other party's use and enjoyment of the Site. You may not obtain or

attempt to obtain any materials or information through any means not

intentionally made available or provided for through the Site.

 

All content included as part of the Service, such as text,

graphics, logos, images, as well as the compilation thereof, and any software

used on the Site, is the property of Excel Media or its suppliers and protected

by copyright and other laws that protect intellectual property and proprietary

rights. You agree to observe and abide by all copyright and other proprietary

notices, legends or other restrictions contained in any such content and will

not make any changes thereto.

 

You will not modify, publish, transmit, reverse engineer,

participate in the transfer or sale, create derivative works, or in any way

exploit any of the content, in whole or in part, found on the Site. Excel Media

content is not for resale. Your use of the Site does not entitle you to make

any unauthorized use of any protected content, and in particular you will not

delete or alter any proprietary rights or attribution notices in any content.

You will use protected content solely for your personal use, and will make no

other use of the content without the express written permission of Excel Media

and the copyright owner. You agree that you do not acquire any ownership rights

in any protected content. We do not grant you any licenses, express or implied,

to the intellectual property of Excel Media or our licensors except as

expressly authorized by these Terms.

 

TCPA Compliance

Excel Media, and all of its affiliated entities, complies

with all TCPA and FCC rules to generate and contact leads. It is the sole

responsibility of you, the purchaser of the leads, to adhere to the same

compliance rules. We are in no way responsible for any noncompliance acts

performed by agents. Examples of noncompliance activity includes, but is not

limited to:

Contacting leads outside of 1:1 prior express consent, the

use of outlawed robodialing and robotexting equipment or software, untruthful

identity information provided to leads when contacted, the transfer of the lead

data to a party outside of the 1:1 prior express consent, etc.

Branding Umbrella

In order to maintain TCPA compliance, Excel Media generates

diabetic leads under the brand, Diabetic Coverage Solutions. By purchasing

a campaign from us, you are provided with inclusive rights to claim affiliation

under this brand. It is expected that each agent clarifies this affiliation

when contacting leads to ensure proper 1:1 consent.

Also, you are hereby given permissions to utilize and share

our Diabetic Coverage Solutions Facebook Business Page, Life Insurance for

Diabetics Facebook group, as well as our diabeticeverything.com website as part

of these inclusive rights as a lead client. 

 

Financial Advice

Excel Media, nor any of our affiliates and subsidiaries, is NOT responsible

for unwise, untruthful, or malicious advice provided to leads by agents. Agents

are bound to a fiduciary duty by governing authorities. The knowledge and

education required to provide suitable advice is the sole responsibility of the

agent.

 

Lead Quality

Excel Media uses very restrictive and resistant processes in

order to obtain high-quality, high-intent leads. Not only are our processes

100% TCPA compliant, we also use mandatory checkboxes and robot filters to

ensure highly qualified leads. However, it is impossible to prevent all

instances of bots and malicious humans. We are not responsible for

unpreventable bot-filled forms and/or humans who maliciously sabotage our form

submissions. If such persistent behavior is suspected, the agent is encouraged

to notify us immediately for investigation and prevention. We will pause the

running campaign and resume after investigation and revisions are completed.

 

Transparency

In effort to provide full transparency and highest

probability of agent success, we provide agents with complete viewing access to

all of our marketing materials and lead forms used in the agent's campaign. We

realize that this action is risky for us in the form of materials theft and

copying. Agents may NOT copy our materials and reuse outside of our campaigns

unless permission is provided from Excel Media in writing.

 

International Users

The Service is controlled, operated and administered by

Excel Media from our offices within the USA. If you access the Service from a

location outside the USA, you are responsible for compliance with all local

laws. You agree that you will not use the Excel Media Content accessed through

https://go-excel.com; http://my.go-excel.com in any country or in any manner

prohibited by any applicable laws, restrictions or regulations.

 

Indemnification

You agree to indemnify, defend and hold harmless Excel

Media, its officers, directors, employees, agents and third parties, for any

losses, costs, liabilities and expenses (including reasonable attorney's fees)

relating to or arising out of your use of or inability to use the Site or

services, any user postings made by you, your violation of any terms of this

Agreement or your violation of any rights of a third party, or your violation

of any applicable laws, rules or regulations. Excel Media reserves the right,

at its own cost, to assume the exclusive defense and control of any matter

otherwise subject to indemnification by you, in which event you will fully

cooperate with Excel Media in asserting any available defenses.

 

Arbitration

In the event the parties are not able to resolve any dispute

between them arising out of or concerning these Terms and Conditions, or any

provisions hereof, whether in contract, tort, or otherwise at law or in equity

for damages or any other relief, then such dispute shall be resolved only by

final and binding arbitration pursuant to the Federal Arbitration Act,

conducted by a single neutral arbitrator and administered by the American

Arbitration Association, or a similar arbitration service selected by the

parties, in a location mutually agreed upon by the parties. The arbitrator's

award shall be final, and judgment may be entered upon it in any court having

jurisdiction. In the event that any legal or equitable action, proceeding or

arbitration arises out of or concerns these Terms and Conditions, the

prevailing party shall be entitled to recover its costs and reasonable

attorney's fees. The parties agree to arbitrate all disputes and claims in

regards to these Terms and Conditions or any disputes arising as a result of

these Terms and Conditions, whether directly or indirectly, including Tort

claims that are a result of these Terms and Conditions. The parties agree that

the Federal Arbitration Act governs the interpretation and enforcement of this

provision. The entire dispute, including the scope and enforceability of this

arbitration provision shall be determined by the Arbitrator. This arbitration

provision shall survive the termination of these Terms and Conditions.

 

Class Action Waiver

Any arbitration under these Terms and Conditions will take

place on an individual basis; class arbitrations and

class/representative/collective actions are not permitted. THE PARTIES AGREE

THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL

CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS,

COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE

ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Excel

Media agree otherwise, the arbitrator may not consolidate more than one

person's claims, and may not otherwise preside over any form of a

representative or class proceeding.

 

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED

IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL

ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EXCEL MEDIA

COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE

AT ANY TIME.

 

EXCEL MEDIA COMPANY AND/OR ITS SUPPLIERS MAKE NO

REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS,

AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED

GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED

BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND

RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION

OF ANY KIND. EXCEL MEDIA COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES

AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES

AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO

EVENT SHALL EXCEL MEDIA COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,

INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES

WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR

PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF

THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE

PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,

PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE

ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT,

NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EXCEL MEDIA COMPANY OR ANY

OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME

STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR

CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE

TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

Termination/Access

Restriction

Excel Media reserves the right, in its sole discretion, to

terminate your access to the Site and the related services or any portion

thereof at any time, without notice. To the maximum extent permitted by law,

this agreement is governed by the laws of the State of South Carolina and you

hereby consent to the exclusive jurisdiction and venue of courts in South

Carolina in all disputes arising out of or relating to the use of the Site. Use

of the Site is unauthorized in any jurisdiction that does not give effect to

all provisions of these Terms, including, without limitation, this section.

 

You agree that no joint venture, partnership, employment, or

agency relationship exists between you and Excel Media as a result of this

agreement or use of the Site. Excel Media's performance of this agreement is

subject to existing laws and legal process, and nothing contained in this

agreement is in derogation of Excel Media's right to comply with governmental,

court and law enforcement requests or requirements relating to your use of the

Site or information provided to or gathered by Excel Media with respect to such

use. If any part of this agreement is determined to be invalid or unenforceable

pursuant to applicable law including, but not limited to, the warranty

disclaimers and liability limitations set forth above, then the invalid or

unenforceable provision will be deemed superseded by a valid, enforceable

provision that most closely matches the intent of the original provision and

the remainder of the agreement shall continue in effect.

 

Unless otherwise specified herein, this agreement

constitutes the entire agreement between the user and Excel Media with respect

to the Site and it supersedes all prior or contemporaneous communications and

proposals, whether electronic, oral or written, between the user and Excel

Media with respect to the Site. A printed version of this agreement and of any

notice given in electronic form shall be admissible in judicial or

administrative proceedings based upon or relating to this agreement to the same

extent and subject to the same conditions as other business documents and

records originally generated and maintained in printed form. It is the express

wish to the parties that this agreement and all related documents be written in

English.

 

Changes to Terms

Excel Media reserves the right, in its sole discretion, to

change the Terms under which https://go-excel.com; http://my.go-excel.com, or any of the Diabetic Coverage Solutions content is

offered. The most current version of the Terms will supersede all previous

versions. Excel Media encourages you to periodically review the Terms to stay

informed of our updates.

 

Contact Us

Excel Media welcomes your questions or comments regarding

the Terms:

 

Excel Media Company

1985 Riviera Dr., Ste. 103-1034

Mount Pleasant, South Carolina 29464

 

 

Email Address:

go.excelmedia@gmail.coom

 

Telephone number:

8432562495

 

Effective as of January 19, 2024

 

These Terms & Conditions apply to all agents using the my.go-excel.com lead generation web-based software application.