Terms of Use

Excelfore Corporation (“Excelfore”) values your interest in our company, and its products and services. The following terms and conditions apply to your use of this website. Excelfore reserves the right to change the content of this website, in whole or in part, at any time and without prior notice. From time to time, Excelfore may change or supplement these Terms of Use. Any new Terms of Use will be effective as of the time and date which they are posted to this website. By using this website and continuing to access the website, you signify your agreement to all of these terms and conditions and any updates or changes thereof.

Scope of Use

Excelfore grants you permission to access the text, pictures, images, graphics, audio, video and other content on this website for your lawful personal or business use. All content is provided AS IS, and Excelfore makes no representation to you regarding the availability, accuracy, reliability or completeness of such content, or its suitability for your particular purposes, and Excelfore and its partners assume no responsibility for any typographical, technical or other inaccuracies contained therein. Certain pages on this website may be encrypted for additional security. Excelfore does not guarantee the security of those pages or of any information transmitted via those pages. You assume the risk of any unauthorized interception of information transmitted by you through this website.

You may not use this website to transmit or post any threatening, offensive, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, or any other material that would infringe or violate the rights of any third party, or that otherwise would give rise to any civil or criminal liability under the applicable law of any jurisdiction. You may not upload on this website any material that contains any viruses, worms, Trojan horses, trap doors, time bombs or any other malicious code designed to disrupt, disable, harm, interfere with or otherwise adversely affect any computer software or equipment. You agree to defend, hold harmless, and indemnify Excelfore, its officers and employees from and against any and all damages, liabilities, costs and expenses (including but not limited to reasonable attorneys’ fees) arising out of your violation of these Terms and Conditions of Use.

Use of Service

The software embedded within Excelfore Products, and the supporting server Services software (“the Software”) are the property of Excelfore. All title and copyright in and to the Software is owned by Excelfore. This Software is licensed to you, not sold. By activating your Excelfore Product, or otherwise using the Software, you agree to be bound by these Terms and Conditions.
Excelfore may provide you, or you may be able to select, a user name and password in order to enter certain parts of this website or access our Services. You are responsible for maintaining the confidentiality of any such user name and password. You should notify us immediately of any unauthorized use of such user name and password of which you become aware, and promptly follow our instructions for changing your user name and/or password. Excelfore shall not be responsible or liable, directly or indirectly, or in any way for loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with these requirements.

When using our website or using our Service, if you or your organization has provided your contact information, you authorize Excelfore or its partners to communicate with you via SMS or e-mail and consent to receive communications from us electronically. We may communicate with you by e-mail, SMS, smartphone notifications or similar interfaces or notification on our website. You acknowledge and agree that Excelfore may contact you electronically regarding its Services and for related offers. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If your contact information has been entered without your permission, please contact us at privacy@excelfore.com in order to take corrective action including removal of your contact information from our records.

You may not resell our Services, nor transfer your account to any third party. For any unauthorized use or transfer or failure to comply with these Terms of Use, we reserve the right to terminate your Service without further notice.
In order to avail of our services, you must register on our website. Our site’s registration form requires you to correctly provide us contact information. This may include contact and billing information, mobile numbers, email address, and other unique identifiers. For asset monitoring and control, you must provide detailed information related to the asset in order to customize our services for you and authorized partners. By activating your service through the internet, by telephone, or otherwise electronically, you acknowledge receipt of and agree to these terms and conditions. The Service is provided at our discretion. Excelfore reserves the right to block your use of the Services and any user name or password, at any time in its own discretion.

You are responsible for ensuring that You use the Service and/or Products in accordance with all relevant laws and that You have all permits, licenses, consents and permissions required for Your use of the Service and/or Products. By supplying the Service and/or Products, Excelfore does not represent or warrant that the use of the Service and/or Products for any particular purpose is legal in your area of coverage or in any other area. You must not use the Service and/or Products in any way which is Inappropriate. You shall not give Excelfore any inaccurate or misleading information when creating an Account or using the Service. Excelfore shall not be bound by any typographical or obvious error contained in the Website. If you have any concerns or complaints regarding the Products and/or the Services, You may refer them by e-mail to support@excelfore.com.
Excelfore does not give a warranty in relation to and does not have any liability for:

the Positional Accuracy of the Service;any failure, inaccessibility or downtime (whether planned or otherwise) in any Network which results in an absence or incorrect Request, either accurately or at all;the withdrawal of any Network from the Service; andany failure of or, its inability to provide Services due to any connected device being switched-off, or having insufficient charge or being temporarily or permanently disconnected from a Network.Any equipment provided to you by Excelfore for the purpose of or, in connection with, the provision of the Service (if any) will remain the property of Excelfore and save to the extent necessary to allow you to receive the Service, you will acquire no rights in or to the same. You agree that You will take good care of any equipment provided and will, upon cancellation of the Service, promptly deliver up to Excelfore in good condition (except reasonable wear and tear).

Your Responsibility

It’s your responsibility to make sure your asset and the equipment are working. You can verify the status of the equipment by logging into the website service. It’s also your responsibility to register with us before you begin using the service. The equipment may be enabled on our behalf by your organization or authorized partners of Excelfore. Even if your equipment is activated and working, you will need to register on the website to be able to use the services you have requested.

Except as expressly requested in a site, you should not provide us any information that you do not want published on a site or presented to other users of the site. You may not upload, download, edit, modify or transmit any Content that may infringe on any patent, trade-mark, trade secret, copyright, or other intellectual property right of any person. You represent and warrant to Excelfore and to all others that access this site, that you own, or possess sufficient rights in, all such information and all such parties may regard such information as publicly disclosable. You grant to us an exclusive, irrevocable, worldwide, fully-paid, royalty-free license to use, reproduce, display, publicly perform, prepare derivative works from, transmit and distribute such information as we see fit.

Links to Other Websites

This website may contain links to other websites not operated by Excelfore. Those links (if any) are provided for your convenience, and Excelfore makes no representation, warranty or guarantee with respect to the content or privacy practices of such websites.

Trademarks and Copyrights

This site displays several trademarks or service marks that are owned by Excelfore is indicated at www.excelfore.com/legal. This information is updated periodically. Excelfore does not grant you permission to use any of those marks as a result of their display on this website. This site may also display trademarks or service marks that are owned by third parties.
The copyrights in all content on this website are owned by Excelfore or its licensors, as applicable. You may display such content on any single computer, or print a single copy of any pages containing such content, for your use in accordance with these terms and conditions. No other copying, display, publication or distribution of any such content is permitted without the prior written authorization of Excelfore.

Privacy Statement

Our Privacy Statement is outlined at www.excelfore.com/legal. This information is updated periodically.

Limitation of Liability

The products and the services are provided by excelfore and its suppliers on an “as is” and “as available” basis. excelfore and its suppliers make no representations or warranties of any kind, express or implied, as to the operation of the product or the services or the information, content, materials, or products included. you expressly agree that your use of the product and the services is at your sole risk. in no event shall excelfore be liable to you for any direct, indirect, incidental, consequential or special damages arising out of your use or inability to use this website, even if excelfore was advised of the possibility of such damages. if, as applied to your use or inability to use this website, this limitation is unenforceable or invalid under applicable law, excelfore’s liability to you from your use or inability to use this website shall not exceed one u.s. dollars ($1.00).

exclusion of other damages. to the full extent allowed by law, excelfore and its suppliers, affiliates and agents are not liable for any:
consequential or incidental damages; damages or loss of any nature whatsoever relating to lost profits, business interruption, loss of data or privacy or confidentiality, any inability to use all or part of the hardware device or services, personal injury, or any failure to meet any duty (including but not limited to any duty of negligence, good faith or of workmanlike effort); orindirect, special, or punitive damages arising out of or relating in any way to the hardware device or services. the foregoing applies even if excelfore or any supplier, affiliate or agent has been advised of the possibility of such losses or damages; and even in the event of fault, tort (including negligence), strict or product liability, misrepresentation or other reason.

Indemnification
You agree to indemnify and hold Excelfore, its partners, affiliates, and Suppliers and each of their respective Representatives harmless from any and all liabilities, penalties, claims, causes of action and judgments brought by third parties (including costs, expenses and related reasonable legal fees) resulting from your use or misuse of the Product, the Services, or the web-site, or a breach of any of the Terms whether based in contract, tort (including strict liability), or other doctrine of law and regardless of the form of action.

Force Majeure

Excelfore or it suppliers and partners will not be liable for any failure to comply with our respective obligations under these Terms of Use to the extent that such failure results from circumstances beyond our reasonable controls (including, without limitation, failures by Excelfore’s third party suppliers).

Assignment

Excelfore can assign this agreement in whole or in part to anyone we choose. You can not assign this agreement or your obligations to anyone else without our prior consent.

Severability

If any term or condition contained in these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use and the privacy policy, and the remainder of these Terms of Use and the privacy policy shall continue in full force and effect.
Governing Law

These Terms of Use will be construed and enforced in accordance with the laws of California, United States of America, without regard to principles of conflict of laws.
Last Revised: July 1, 2021