Terms and Conditions

Course Agreement

Effective Date: January 19th, 2024

THE AGREEMENT: This Course Agreement (hereinafter,

"Agreement") is made by and between Excel Media Company, a

corporation, incorporated under the laws of the state of South Carolina, hereinafter

referred to as "Course Provider," and you, further defined below, as

a participant in the Course, also defined below.

All parts and sub-parts of this Agreement are specifically

incorporated by reference here. This Agreement shall govern the use of all

pages and screens in and on the Course (all collectively referred to as

"Course") and any services provided by or on this Course Provider

through the Course ("Services") and/or on the Course Provider's

website ("Website").

Article 1 - DEFINITIONS:

A) The parties referred to in this Agreement shall be defined as

follows:

I) Course Provider, us, we: Course Provider, as the creator,

operator, and publisher of the Course, is responsible for providing the Course

publicly. Course Provider, us, we, our, ours and other first-person pronouns

will refer to the Course Provider, as well as, if applicable, all employees and

affiliates of the Course Provider.

II) You, the user, the participant: You, as the participant in the

course and user of the Website, will be referred to throughout this Agreement

with second-person pronouns such as you, your, yours, or as user or

participant.

III) Parties: Collectively, the parties to this Agreement (Course

Provider and You) will be referred to as Parties.

B) The Course details are as follows:

I) Course Name: Facebook Advertising for Lead Generation

II) Course Description:

This course will teach you how to create Facebook Business pages

and build complete advertising campaigns for the purpose of generating sales

leads.

III) Total Course Fees ("Fees"): $697 (six hundred

ninety-seven US dollars)

     Discounted or

increased pricing may occur at our discretion.

IV) Course URL: https://www.facebook.com/groups/453384443544574

This is a private Facebook group. Purchasing the course grants the

purchaser access to the group and privileges given therein.

Article 2 - ASSENT & ACCEPTANCE:

By purchasing and participating in the Course, you warrant that

you have read and reviewed this Agreement and that you agree to be bound by it.

If you do not agree to be bound by this Agreement, please cease your

participation in the Course immediately. If you do so after purchase, you will

not be entitled to any refund. Course Provider only agrees to provide the

Course to you if you assent to this Agreement.

Article 3 - LICENSE TO USE WEBSITE & ACCESS COURSE MATERIALS:

We may provide you with certain information as a result of your

accessing of the Course through the Website. Such information may include, but

is not limited to, documentation, data, or information developed by us and

other materials which may assist in your participation in the Course

("Materials"). Subject to this Agreement, we grant you a

non-exclusive, limited, non-transferable and revocable license to use the

Materials solely in connection with your participation in the Course and your

use of the Website. The Materials may not be used for any other purpose, and

this license terminates upon your completion of the Course, your cessation of

use of the Course or the Website, or at the termination of this Agreement.

Article 4 - COURSE TERMS:

The Course does not have a structured start date, which means you

may begin it at any time.

The Course and any of its accompanying Materials may not be shared

with any party. If we suspect that the Course or Materials are being shared

and/or that you have shared your log-in information with any party, we reserve

the right to immediately terminate your access to the Course, in our sole and

exclusive discretion.

We do not offer any promises or guarantees with regard to our

Course or Course Materials. You hereby acknowledge and agree:

A) You are solely and exclusively responsible for the choices that

you make with regard to this Course, the Materials contained within it, or any

significant changes to your business or life;

B) You are solely and exclusively responsible for your own mental

health, physical health, business decisions, and any other actions or inaction

you choose to take;

C) We are not liable for any result or non-result or any

consequences which may come about due to your participation in the Course;

D) This Course does not constitute a therapeutic relationship or a

medical one. We do not provide therapy or medical services and you are

responsible for procuring these services at your own will and discretion if

needed.

E) This Course does NOT guarantee a specific cost expectation

regarding purchaser’s Facebook expenses. It shall be understood that each

purchaser is responsible for creating specific ad content that suits his/her

need.  Quality content yields best

results on Facebook. We are in no way responsible for the quality exhibited by

purchasers. In other words, we are not responsible for poor results if

purchaser fails to produce quality content. This course merely instructs

purchasers on how to produce creatives; the quality and performance of

students’ ads is the responsibility of the purchaser.

F) Access to the private Facebook group includes participation in

discussions, access to the course materials, and privilege to upload shared

content. Excel Media Company’s experts or affiliates may participate in

discussions, but we are in no way obligated to future expectations of the

purchaser as part of the purchase. Furthermore, we are not obligated to provide

additional coaching/consulting services beyond what is included in the course.

Article 5 - INTELLECTUAL PROPERTY:

You agree that the Materials, the Course, the Website, and any

other Services provided by the Course Provider are the property of the Course

Provider, including all copyrights, trademarks, trade secrets, patents, and

other intellectual property ("Company IP"). You agree that the

Company owns all right, title and interest in and to the Company IP and that

you will not use the Company IP for any unlawful or infringing purpose. You

agree not to reproduce or distribute the Company IP in any way, including electronically

or via registration of any new trademarks, trade names, service marks or

Uniform Resource Locators (URLs), without express written permission from the

Company.

Furthermore, sharing access to the course via the private Facebook

group is NOT allowed. If we determine that a member is sharing access without

permission, we will terminate your access to the group, which includes loss of

access to the course.

Article 6 - CONTENT YOU POST:

Through your participation in the Course and your use of the

Website, you may be permitted to post materials to the Course pages and other

parts of the Website ("User Contributions"). You hereby grant Course

Provider a royalty-free, non-exclusive, worldwide license to copy, display,

use, broadcast, transmit and make derivative works of User Contributions you

post. The Course Provider claims no further proprietary rights in your User

Contributions.

You also agree to comply with the "Acceptable Use"

provision of this Agreement for all User Contributions that you post, including

and especially to not violate the intellectual property rights of any third

party through your User Contributions.

If you feel that any of your intellectual property rights have

been infringed or otherwise violated by the posting of information or media by

another of our users, please contact us and let us know.

Article 7 - YOUR OBLIGATIONS:

As a participant in the Course, you will be asked to register with

us. When you do so, you will choose a user identifier, which may be your email

address or another term, as well as a password. You may also provide personal

information, including, but not limited to, your name. You are responsible for

ensuring the accuracy of this information. This identifying information will

enable you to participate in the Course. You must not share such identifying

information with any third party, and if you discover that your identifying

information has been compromised, you agree to notify us immediately in

writing. Email notification will suffice. You are responsible for maintaining

the safety and security of your identifying information as well as keeping us

apprised of any changes to your identifying information.

The billing information you provide us, including credit card,

billing address and other payment information, is subject to the same

confidentiality and accuracy requirements as the rest of your identifying

information. Providing false or inaccurate information, or using the Course or

the Website to further fraud or unlawful activity is grounds for immediate

termination of this Agreement.

Article 8 - PAYMENT & FEES:

As noted above, the total Fees for the Course are as follows: $697

(six hundred ninety-seven US dollars).

The entirety of the Fees are due and payable upon your

registration in the Course. No payment plans or installment plans are

available.

Discounted or increased pricing may be available at our own

discretion. If price change occurs, the new purchase price will be reflected on

your invoice.  Same terms apply to the

discounted price as do the original.

Article 9 - ACCEPTABLE USE:

You agree not to use the Course or the Website for any unlawful

purpose or any purpose prohibited under this clause. You agree not to use the

Course or the Website in any way that could damage the Course, Website,

Services, or general business of the Course Provider.

a) You further agree not to use the Course or the Website:

I) To harass, abuse, or threaten others or otherwise violate any

person's legal rights;

II) To violate any intellectual property rights of the Course

Provider or any third party;

III) To upload or otherwise disseminate any computer viruses or

other software that may damage the property of another;

IV) To perpetrate any fraud;

V) To engage in or create any unlawful gambling, sweepstakes, or

pyramid scheme;

VI) To publish or distribute any obscene or defamatory material;

VII) To publish or distribute any material that incites violence,

hate, or discrimination towards any group;

VIII) To unlawfully gather information about others.

Article 10 - NO LIABILITY:

The Course and Website are provided for informational purposes

only. You acknowledge and agree that any information posted in the Course, in

the Materials, or on the Website is not intended to be legal advice, medical

advice, or financial advice, and no fiduciary relationship has been created

between you and us. You further agree that your participation in the Course is

at own risk. We do not assume responsibility or liability for any advice or

other information given in the Course, in the Materials, or on the Website.

Article 11 - REVERSE ENGINEERING & SECURITY:

You agree not to undertake any of the following actions:

a) Reverse engineer, or attempt to reverse engineer or disassemble

any code or software from or on the Course or Website;

b) Violate the security of the Course or Website through any

unauthorized access, circumvention of encryption or other security tools, data

mining or interference to any host, user or network.

Article 12 - DATA LOSS:

We do not assume or accept responsibility for the security of your

account or content. You agree that your participation in the Course or use of

the Website is at your own risk.

Article 13 - INDEMNIFICATION:

You agree to defend and indemnify the Course Provider and any of

our affiliates (if applicable) and hold us harmless against any and all legal

claims and demands, including reasonable attorney's fees, which may arise from

or relate to your participation in the Course, your use or misuse of the

Website, your breach of this Agreement, or your conduct or actions. You agree

that we shall be able to select our own legal counsel and may participate in

our own defense, if we wish.

Article 14 - SPAM POLICY:

You are strictly prohibited from using Course for illegal spam

activities, including gathering email addresses and personal information from

others or sending any mass commercial emails.

The content of the private Facebook group is monitored.  Any member attempting to use the group of

purposes other than learning and sharing experiences will be terminated from

the group.  Members may not promote or

recruit within the Facebook group; this includes in private/direct messaging.

Article 15 - MODIFICATION & VARIATION:

We may, from time to time and at any time without notice to you,

modify this Agreement. You agree that we have the right to modify this

Agreement or revise anything contained herein. You further agree that all

modifications to this Agreement are in full force and effect immediately upon

posting on the Website and that modifications or variations will replace any

prior version of this Agreement, unless prior versions are specifically

referred to or incorporated into the latest modification or variation of this

Agreement.

To the extent any part or sub-part of this Agreement is held

ineffective or invalid by any court of law, you agree that the prior, effective

version of this Agreement shall be considered enforceable and valid to the

fullest extent.

Article 16 - ENTIRE AGREEMENT:

This Agreement constitutes the entire understanding between the

Parties with respect to the Course. This Agreement supersedes and replaces all

prior or contemporaneous agreements or understandings, written or oral.

Article 17 - SERVICE INTERRUPTIONS:

We may need to interrupt your access to the Course to perform

maintenance or emergency services on a scheduled or unscheduled basis. You

agree that your access to the Course and/or Website may be affected by

unanticipated or unscheduled downtime, for any reason, but that we shall have

no liability for any damage or loss caused as a result of such downtime.

Article 18 - TERM, TERMINATION & SUSPENSION:

We may terminate this Agreement with you at any time for any

reason, with or without cause. We specifically reserve the right to terminate

this Agreement if you violate any of the terms outlined herein, including, but

not limited to, violating the intellectual property rights of us or a third

party, failing to comply with applicable laws or other legal obligations,

and/or publishing or distributing illegal material. You may also terminate this

Agreement at any time by contacting us and requesting termination. At the

termination of this Agreement, any provisions that would be expected to survive

termination by their nature shall remain in full force and effect.

Please be advised that terminating this Agreement does not entitle

you to a refund on any monies spent with us.

Article 19 - NO WARRANTIES:

You agree that your participation in the Course and your use of

the Website is at your sole and exclusive risk and that any Services provided

by us are on an "As Is" basis. We hereby expressly disclaim any and

all express or implied warranties of any kind, including, but not limited to

the implied warranty of fitness for a particular purpose and the implied

warranty of merchantability. We make no warranties that the Course or Website

will meet your needs or that the Course or Website will be uninterrupted, error-free,

or secure. We also make no warranties as to the reliability or accuracy of any

information in the Course or on the Website. You agree that any damage that may

occur to you, through your computer system, or as a result of loss of your data

from your participation in the Course or your use of the Website is your sole

responsibility and that we are not liable for any such damage or loss.

Article 20 - LIMITATION ON LIABILITY:

We are not liable for any damages that may occur to you as a

result of your participation in the Course or your use of the Website, to the

fullest extent permitted by law, as noted above. The maximum liability of

Course Provider arising from or relating to this Agreement is limited to the

greater of one hundred ($100) US Dollars or the amount you paid to us in the

last six (6) months. This section applies to any and all claims by you,

including, but not limited to, lost profits or revenues, consequential or

punitive damages, negligence, strict liability, fraud, or torts of any kind.

Article 21 - GENERAL PROVISIONS:

A) LANGUAGE: All communications made or notices given pursuant to

this Agreement shall be in the English language.

B) JURISDICTION, VENUE & CHOICE OF LAW: Through your

participation in the Course and your use of the Website, you agree that the

laws of South Carolina shall govern any matter or dispute relating to or

arising out of this Agreement, as well as any dispute of any kind that may

arise between you and us, with the exception of its conflict of law provisions.

In case any litigation specifically permitted under this Agreement is

initiated, the Parties agree to submit to the personal jurisdiction of the state

and federal courts of the following county: Berkeley, South Carolina. The

Parties agree that this choice of law, venue, and jurisdiction provision is not

permissive, but rather mandatory in nature. You hereby waive the right to any

objection of venue, including assertion of the doctrine of forum non conveniens

or similar doctrine.

C) ARBITRATION: In case of a dispute between the Parties relating

to or arising out of this Agreement, the Parties shall first attempt to resolve

the dispute personally and in good faith. If these personal resolution attempts

fail, the Parties shall then submit the dispute to binding arbitration. The

arbitration shall be conducted in the following county: Berkeley. The

arbitration shall be conducted by a single arbitrator, and such arbitrator

shall have no authority to add Parties, vary the provisions of this Agreement,

award punitive damages, or certify a class. The arbitrator shall be bound by

applicable and governing Federal law as well as the law of the following state:

South Carolina. Each Party shall pay their own costs and fees. Claims

necessitating arbitration under this section include, but are not limited to:

contract claims, tort claims, claims based on Federal and state law, and claims

based on local laws, ordinances, statutes or regulations. Intellectual property

claims by us will not be subject to arbitration and may, as an exception to

this sub-part, be litigated. The Parties, in agreement with this sub-part of

this Agreement, waive any rights they may have to a jury trial in regard to

arbitral claims.

D) ASSIGNMENT: This Agreement, or the rights granted hereunder,

may not be assigned, sold, leased or otherwise transferred in whole or part by

you. Should this Agreement, or the rights granted hereunder, by assigned, sold,

leased or otherwise transferred by Course Provider, the rights and liabilities

of Course Provider will bind and inure to any assignees, administrators,

successors, and executors.

E) SEVERABILITY: If any part or sub-part of this Agreement is held

invalid or unenforceable by a court of law or competent arbitrator, the

remaining parts and sub-parts will be enforced to the maximum extent possible.

In such condition, the remainder of this Agreement shall continue in full

force.

F) NO WAIVER: In the event that we fail to enforce any provision

of this Agreement, this shall not constitute a waiver of any future enforcement

of that provision or of any other provision. Waiver of any part or sub-part of

this Agreement will not constitute a waiver of any other part or sub-part.

G) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts

under this Agreement are for convenience and organization, only. Headings shall

not affect the meaning of any provisions of this Agreement.

H) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency,

partnership, or joint venture has been created between the Parties as a result

of this Agreement. No Party has any authority to bind the other to third

parties.

I) FORCE MAJEURE: We are not liable for any failure to perform due

to causes beyond our reasonable control including, but not limited to, acts of

God, acts of civil authorities, acts of military authorities, riots, embargoes,

acts of nature and natural disasters, and other acts which may be due to

unforeseen circumstances.

J) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications

are permitted to both Parties under this Agreement, including e-mail or fax.

For any questions or concerns, please email us at the following address:

paul@go-excel.com. 

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