Website Terms of Use

Effective Date: 2/6/2025

Last Updated: 2/6/2025

IMPORTANT, PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY.

Welcome to https://www.xceptiongroup.com/ (the “Site”). Xception LLC (“Xception”, “Company”, “we”, “our” or “us”) provides this Site for your personal use conditioned on your acceptance of these Website Terms of Use (“Terms of Use”). By accessing and using this Site or posting to the Company’s social media pages, you are agreeing to these Terms of Use. If you do not agree to these Terms of Use, you may not use this Site or post to the Company’s social media pages.

THESE TERMS OF USE REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS, AND INCLUDE A CLASS ACTION WAIVER. THESE TERMS LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, the Company grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Medical Warning

This Site has been created by the Company to provide information about health care and is for general informational purposes regarding health care that should never be construed as specific instructions for individual patients. Nothing on this Site is intended to be a substitute for proper medical advice, diagnosis, or treatment. This Site is not intended and must not be interpreted as the rendering of medical, nursing, or professional health care advice or services, or the practice of medicine, nursing, or professional health care in any jurisdiction.

Permitted Use of this Site

You may use this Site only if you are 18 years or older and solely for your own personal, non-commercial use. Subject to your compliance with these Terms of Use, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view, download and print the Content (defined below) solely in connection with your permitted use of the Site and solely for your personal and non-commercial purposes. Your use of this Site must be in accordance with all applicable laws. You acknowledge that you do not acquire any ownership rights in this Site or any Content.

Restrictions on Access to and Use of this Site

You may not use this Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use this Site in any manner that could damage, disable, overburden, or impair our servers, or the network(s) connected to our servers, or interfere with any other party's use and enjoyment of our Site and Content. You may not attempt to gain unauthorized access of this Site, other accounts, computer systems or networks connected to our servers or to any of the Content, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.

Further, you agree not to:

• Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

• Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

• Use any information obtained from the Site in order to harass, abuse, or harm another person.

• Make improper use of our support services or submit false reports of abuse or misconduct.

• Use the Site in a manner inconsistent with any applicable laws or regulations.

• Engage in unauthorized framing of or linking to the Site.

• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

• Delete the copyright or other proprietary rights notice from any Content.

• Attempt to impersonate another user or person or use the username of another user.

• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

• Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.

• Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

• Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.

• Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

• Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

• Use the Site to advertise, promote, or offer to sell goods and services.

Any use of this Site or its Content, in whole or in part, not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, or other laws.

Account Registration

By using the Site, you represent and warrant that all information you submit will be true, accurate, current, and complete and that you will maintain the accuracy of such information and promptly update such information as necessary. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Copyrights, Trademarks and Other Proprietary Rights

You understand that the Company and its licensors retain all ownership rights in this Site (including all Content). All trademarks, service marks and trade names are owned by the Company or other respective owners.

The entire content of this Site, including, but not limited to, text, design, software, photography, video, graphics, sound and information (collectively, the “Content”) and the selection, coordination, arrangement, and enhancement thereof and this Site, are protected under the copyright laws of the United States (“US”), international treaties and other intellectual property laws (including without limitation the copyright in the selection, coordination, arrangement, and enhancement of all Content).

This Site may contain or reference patents, technologies, products, or other proprietary rights of the Company, its third-party vendors, and other third parties. Nothing on this Site should be construed as conferring by implication, estoppel or otherwise any license or right under any trademarks, copyrights, patents, technologies, products, or other proprietary rights of the Company, any of its third-party vendors, or other third parties.

Electronic Communications

You consent to receive electronic communications from us, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

User Submissions

Except as otherwise provided in our Privacy Policy, please note that any material, information, ideas, concepts, know-how, techniques, or other communication you transmit to us by any means (“User Submissions”) will be deemed non-confidential and non-proprietary. We will have no obligations with respect to User Submissions. By making any User Submissions available through the Site, you hereby grant us a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, disclose, distribute, incorporate, modify, publicly display, publicly perform, and create derivative works based upon your User Submissions and all data, images, sounds, text, and other things embodied therein only in connection with operating and providing the Site to you.

You are solely responsible for all User Submissions. You represent and warrant that you own all your User Submissions or you have all rights that are necessary to grant us the license rights in your User Submissions under these Terms of Use. You also represent and warrant that neither your User Submissions, nor your use and provision of your User Submissions to be made available through the Site, nor any use of your User Submissions by us on or through the Site will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

The submission of any the following is prohibited: protected health information, confidential information, offensive or misleading content, any photographs or other graphic content.

Copyright Policy

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting us following the instructions provided at the end of these Terms of Use.

Feedback

We welcome feedback, comments, and suggestions for improvements to the Site (“Feedback”). You can submit Feedback by emailing us following the instructions provided at the end of these Terms of Use. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, and create derivative works based upon and otherwise exploit the Feedback for any purpose.

Termination

We may terminate your use of the Site at any time by sending notice to you at the address or email you provided or otherwise contacting you or posting a notice on the Site.  If we terminate your use of the Site because you have breached these Terms of Use or any other agreement you have entered into with us, you will not be entitled to any refunds of services provided.  We are not required to provide you with notice prior to terminating your use of the Site or a reason for such termination.  In order to protect the integrity of the Site, we may, at any time in our sole discretion, block users from certain IP addresses from accessing the Site. 

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE AND CONTENT (INCLUDING USER SUBMISSIONS) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, AND THE COMPANY AND APPLICABLE LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, AND USAGE OF TRADE. YOUR USE OF THIS SITE IS SOLELY AT YOUR OWN RISK. FURTHERMORE, THE COMPANY AND APPLICABLE LICENSORS DO NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CODE. ANY MATERIAL OBTAINED THROUGH THE USE OF THIS SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY SUCH MATERIAL. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT.

The Company controls this Site from offices within the United States. The Company makes no representation that this Site is appropriate or is available for use outside the United States. Access to and use of this Site where the Content or access or use of this Site is illegal is prohibited. Those who choose to access and use this Site from outside the United States do so on their own initiative, at their own risk, and are responsible for compliance with applicable laws.

Exclusive Remedy

If you are dissatisfied with this Site (including without limitation these Terms of Use), your sole and exclusive remedy is to leave this Site.

LIMITATIONS ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY NOR APPLICABLE LICENSORS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF, OR INABILITY TO USE, THIS SITE OR CONTENT OR ANY SITE OR CONTENT LINKED FROM THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS, OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED IN CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold the Company, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, demands, costs, or expenses including, without limitation, reasonable attorney's fees, made by any third party due to or arising out of your use of the Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, claims, or controversies (collectively “Disputes”), will be governed by the laws of the United States and by the laws of the State of Delaware without giving effect to conflict of law principles.

All disputes will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”) claim or controversy.

Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide the Company with written notice by mail of your desire to do so (using the contact information provided at the end of these Terms of Use) within thirty (30) days following the date you first accept these Terms of Use (such notice, an “Arbitration Opt-Out Notice”). If you don’t provide the Company with an Arbitration Opt-Out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide the Company with an Arbitration Opt-Out Notice, will be the state and federal courts located in the District of Delaware and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide the Company with an Arbitration Opt-Out Notice, you acknowledge and agree that you and the Company are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.

Further, unless both you and the Company otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms of Use.

Changes

Notwithstanding anything to the contrary in these Terms of Use, if the Company changes this “Dispute Resolution” section after the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use), you may reject any such change by sending us written notice by mail within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of the Company’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and the Company in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use).

Links to or from Third Party Web Sites

This Site may contain links to other sites on the Internet that are owned and operated by third parties (each a “Linked Site”). Such links are provided solely for your convenience to provide information that may be useful to you. We are not responsible for the content, advertising, products, services, or other materials made available on or through any Linked Site or for your use of them. Linked Sites are likely to have their own terms of use, and you are responsible for reading them to ensure your own compliance. The Company shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with a Linked Site.

We do not endorse and are not responsible for the information and security practices or privacy policies of Linked Sites. No web sites that link to this Site may frame or otherwise incorporate the Content on this Site.

Termination

We may terminate your access to and use to the Site, at our sole discretion, at any time and without any notice to you.

Waiver and Severability

The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms of Use will remain in full force and effect.

Assignment

You may not assign or transfer these Terms of Use, by operation of law or otherwise, without the Company’s prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null. The Company may freely assign or transfer these Terms of Use without restriction. Subject to the foregoing, these Terms of Use will bind and insure to the benefit of the parties, their successor, and permitted assigns.

Contact Us

By email: support@xceptiongroup.com