Click the button below to view our Terms & Conditions
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.