Excelsis Consulting LLC

Terms and Conditions, Privacy Policy and Cookie Notice

 

INTRODUCTION

Your Acceptance of Contract Terms

Unless otherwise expressly agreed in a writing signed by you and an authorized representative of Excelsis Consulting LLC (“Excelsis College Financial Aid”, “Excelsis CFAS”, ”Excelsis”,” “we” or “us”), these terms and conditions of use and sale, the privacy policy, and cookie notice as currently in effect and as modified by us from time to time (the “Excelsis Standard Terms”), and the provisions included in any documentation you receive from us relating to your purchase of the services we sell (“Services”), including but not limited to any quotation, order acknowledgment, or invoice which we provide, constitute the exclusive and complete agreement between you and Excelsis (collectively, the “Terms and Conditions”), with respect to (i) your use of our website at excelsiscfas.com, any of our mobile applications, any of our e-commerce applications, or our printed literature and (ii) your purchase and use of the Services. By using any of the Excelsis Properties, purchasing any Services from us, or by clicking the “I agree” button on our website, any of our e-commerce applications or any of our mobile applications, you acknowledge that you have read, understood and agree to be bound by the Terms and Conditions. In the event of any conflict between the provisions of the Excelsis Standard Terms and the provisions set forth in any documentation you receive from us relating to your purchase of Services, the provisions of the Excelsis Standard Terms shall prevail. In addition, if you use any of our e-commerce or mobile applications, you are also subject to the end user license agreement associated with the e-commerce or mobile application, but if and to the extent that there is any conflict between the Terms and Conditions and the end user license agreement for an e-commerce or mobile application, the Terms and Conditions shall prevail. Our acceptance of any order submitted by you is expressly subject to your acceptance of the Terms and Conditions, which may be evidenced solely by your acceptance of any Services ordered. Any additional, different or conflicting terms in any document or communication you submit to us are rejected and shall have no effect unless we agree to them in a writing signed and sent to you by our authorized representative. The Terms and Conditions supersede, override and exclude all prior or contemporaneous oral or written communications.

Changes in Terms and Conditions

The Excelsis Standard Terms are effective as of the “Terms and Conditions Version Date” set forth below. We reserve the right to change the Excelsis Standard Terms at any time by providing notice to you. That notice will be given by one or more of the following: (i) providing you with an electronic notification through our website, by e-mail or other means of electronic communication or through any of our e-commerce or mobile applications, or (ii) making a revision to the Excelsis Standard Terms and changing the version date shown below. By clicking the “I agree” button in connection with an electronic notification of a change, by using any of the Excelsis Properties, or by purchasing a Service from and after the new version date, you signify your acceptance of the revised Excelsis Standard Terms. The Excelsis Standard Terms shall not be changed, supplemented or interpreted by any course of dealing between the parties and they shall not be interpreted against us because we have drafted them.

TERMS AND CONDITIONS OF USE

Licensed Use

Ownership of Content. All literary, pictorial, graphic, derivative and other works, compilations, information and other content in or on the Excelsis Properties, including but not limited to drawings, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product, service and program names, slogans, trade dress, and the compilation of the foregoing (the “Content”), and the design, “look and feel” and arrangement of the Content, other than any public domain materials, are (i) owned or controlled by or licensed to  Excelsis, and (ii) protected in the United States and internationally under trademark, copyright, and other intellectual property laws. All title, ownership and other rights in and to the Excelsis Properties and the Content are exclusively owned or licensed from a third party by Excelsis.

Grant of Limited Use License.  Excelsis grants you a limited, nonexclusive, non-transferable and revocable license to use the Excelsis Properties only in accordance with and for the purposes set forth in the Terms and Conditions (the “Limited Use License”).  Excelsis retains the right to terminate or limit your Limited Use License, and your access to the Excelsis Properties and to any Content, for any reason and at any time. Except as otherwise expressly permitted in the Terms and Conditions or agreed to in writing by an authorized representative of Excelsis, the Excelsis Properties are only for your use in deciding whether to purchase Services from us and in purchasing Services from us. You agree that you will impose only that load on Excelsis servers that is necessary for your use in deciding whether to purchase Services from us and in purchasing Services from us.

Prohibited Uses of the Excelsis Properties. Any unauthorized use, change of information or interference with the availability of, access to or proper working of any part or feature of the Excelsis Properties or their security measures is prohibited. Without limiting the foregoing, you agree that you will not, directly or indirectly through any third party, engage in any of the following activities with respect to the Excelsis Properties or the Content, except as otherwise expressly permitted in the Terms and Conditions. or agreed to in writing by an authorized representative of Excelsis:

(i) copy, mirror, archive, intercept or redirect any Content;

(ii) redistribute, reproduce, make a derivative work from or commercially exploit the Content in any manner;

(iii) page or screen scrape, web harvest, or use any robot, spider, indexing agent or other automatic device, process or means to access the Excelsis Properties for any purpose, including extracting data from, monitoring or copying the Content;

(iv) use the Excelsis Properties in a manner that could disable, overburden, damage or impair them or interfere with another party’s use of them;

(v) use any device, software or routine that interferes with the proper working of the Excelsis Properties;

(vi) introduce to the Excelsis Properties any virus, trojan horse, worm, logic bomb or other material which is malicious or technologically harmful;

(vii) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts or features of the Excelsis Properties or the Content, the servers on which the Excelsis Properties and Content is stored, or any server, computer or database connected to the Excelsis Properties or operated by us;

(viii) use a denial-of-service attack or a distributed denial-of-service attack against any of the Excelsis Properties;

(ix) reverse engineer or attempt to extract the source code of any software that comprises any part of the Excelsis Properties or the Content;

(x) display or use any Content for any commercial purpose in any publications, audiovisual works, public performances, or on websites or other applications, including but not limited to in connection with Services other than our Services, in any other manner likely to cause confusion, to disparage or discredit us or our licensors, to dilute the strength of the intellectual property owned by us or our licensors, or to otherwise infringe the intellectual property rights of Excelsis or any third party;

(xi) frame or use framing techniques to enclose any trademark, logo, intellectual property or other proprietary information (including images, text, page layout or form) of Excelsis without our express written consent;

(xii) use any metatag or any other “hidden text” utilizing our name or trademarks without our express written consent; or

(xiii) use any technology or other means to hide your identity.

User Content

Submission of User Content to Us. We are pleased to hear from our customers. We may from time to time seek feedback from our customers and other users of the  Excelsis Properties and we may enable them to submit, post or upload reviews, comments, suggestions, messages, photographs, videos and other content (collectively, “User Content”).

Disclaimer of Liability for User Content. We do not control, endorse or verify any User Content and we make no representation or warranty concerning its authenticity, integrity or accuracy. Reliance on or use of any User Content is solely at your own risk. To the fullest extent permitted by law, we are not responsible or liable for any User Content or for any claims, damages or losses resulting from the use or appearance of any User Content on the  Excelsis Properties.

User Content You Submit. You are solely responsible for all User Content you submit to us. You agree that you will not submit to us any User Content that (i) infringes or otherwise violates the rights of others, including patents, copyrights, trademarks, trade secrets, publicity or privacy rights, (ii) violates any local, state, national, or regional laws of the United States or any other jurisdiction, (iii) is unlawful, obscene, derogatory, threatening, harassing, hateful, racist, defamatory or otherwise objectionable, (iv) uses a false email address, impersonates any person or entity or is otherwise misleading as to its origin, or (v) contains viruses or corrupted files that may adversely affect the Content or the operation of the Excelsis Properties. We reserve the right to remove or edit any User Content and to terminate or suspend your account at any time and without notice.

Your Grant of a License and Other Rights to User Content You Submit. By submitting User Content to us, you grant to us a non-exclusive, royalty-free, sub-licensable, perpetual, fully-paid, worldwide license (i) to use, reproduce, modify, publish, perform, create derivative works from, distribute and display such User Content in any media, and you hereby waive all “moral rights” with respect to our use of that User Content, and (ii) to use the names, images and likenesses that you submit to us in connection with that User Content. If and to the extent User Content that you submit to us contains ideas, suggestions, documents or proposals relating to us and our business (“Suggestions”), you acknowledge and agree as follows: (i) your Suggestions do not contain confidential or proprietary information; (ii) we are not obligated to keep your Suggestions confidential and we may use or disclose them in any media worldwide; (iii) we receive submissions from many parties that are similar to the Suggestions, or we may have ideas, concepts or processes similar to the Suggestions already under consideration or in development; (iv) your Suggestions shall be deemed the property of Excelsis, which we will be free (but not required) to evaluate, develop and exploit at our discretion, without any obligation to compensate you or to credit you, and without any other obligation to you; and (v) you hereby assign all right, title and interest in the Suggestions, and any inventions, works, or other subject matter or rights contained in them, to Excelsis.

Consent to Electronic Communication

When you use the Excelsis Properties to purchase Services, request information or otherwise solicit an electronic communication from us, or to send emails, text messages or other electronic communications to us for any of these purposes, you consent to receive electronic communications from us in response. You may withdraw your consent to receive electronic communications from us at any time. We may communicate electronically with you in a variety of ways, including by email, text message, , posting notices and messages on the Excelsis Properties or by other means. You agree that all notices, disclosures, agreements and other communications that we provide to you electronically satisfy any legal requirement that those communications be in writing. You agree that we may preserve any communication by you to us through any of the Excelsis Properties and that we may disclose the data contained in any communication from you if we are required to do so by law or if we determine that preserving or disclosing that data is necessary to (i) comply with legal process, (ii) enforce the Terms and Conditions, (iii) respond to claims that the data you submitted violates the rights of others, or (iv) protect the rights, property or personal safety of Excelsis, our employees, users of the Excelsis Properties or the public.

Links and Other Third-Party Applications

No Endorsement by Us of Third-Party Websites. The existence on third-party websites or applications of hypertext links to any of the Excelsis Properties does not imply or signify any relationship, endorsement or other connection between Excelsis and the owner or operator of the website or application containing the links. Excelsis is not responsible for inaccuracies in information or for any representations and express or implied warranties, including those of fitness for purpose or merchantability, which may be contained on or implied from any third-party websites or applications containing hyperlinks to excelsiscfas.com. Excelsis does not authorize any other parties to make representations or warranties on our behalf.

Limited Permission to Link to Our Homepage. You may link to the homepage of excelsiscfas.com only if (i) the link or the manner of linking does not damage or take advantage of our reputation, (ii) you do not by such linkage suggest that we approve, endorse or are in any other way associated with your activities, products or services, and (iii) you immediately remove any links to excelsiscfas.com at our request.

Disclaimers Relating to Third-Party Applications Included by Us. The Excelsis Properties may include third-party technology, software, applications and links to other websites and resources provided by third parties. Any such links are provided for your convenience only. We do not have any control over the content of those third-party websites or resources. You therefore acknowledge and agree as follows: (i) we are not responsible for the practices or policies of third parties or for any loss or damage that may arise from your use of any third-party technology, services, software or applications or any linked third-party website or resource; and (ii) if you use any third-party technology, services or software or access any website or resource linked to the Excelsis Properties, you do so at your own risk and subject to the terms and conditions of use of any such third-party technologies, websites or resources.

Disclaimer of Warranties Relating to Use

THE EXCELSIS PROPERTIES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS AND YOUR USE OF THEM IS AT YOUR OWN RISK. ACCORDINGLY, THE EXCELSIS PROPERTIES AND ALL CONTENT PROVIDED THEREIN ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE AND NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARE MADE WITH RESPECT TO THE EXCELSIS PROPERTIES OR ANY CONTENT OR TECHNOLOGY INCLUDED IN THEM, INCLUDING WITHOUT LIMITATION (i) WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ACCURACY, COMPLETENESS, QUALITY, SUITABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, AND (ii) WARRANTIES THAT THE EXCELSIS PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU THEREFORE ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ADEQUATE PROTECTION AND BACKUP OF YOUR DATA AND/OR EQUIPMENT IN CONNECTION WITH YOUR USE OF THE EXCELSIS PROPERTIES. YOU SHALL HOLD EXCELSIS HARMLESS FROM AND YOU SHALL NOT SUE EXCELSIS FOR ANY CLAIMS BASED ON YOUR USE OF OR INABILITY TO USE THE EXCELSIS PROPERTIES OR THE CONTENT.

Limitation of Liability Relating to Use

TO THE FULLEST EXTENT PERMITTED BY LAW, EXCELSIS AND ITS EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS WILL NOT BE LIABLE IN CONTRACT, WARRANTY, TORT OR UNDER ANY OTHER LEGAL THEORY FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES FOR LOST PROFITS, GOODWILL, LOSS OF DATA OR ANY OTHER LOSSES ARISING FROM YOUR USE OF OR INABILITY TO USE THE EXCELSIS PROPERTIES OR THE CONTENT, OR FOR YOUR RELIANCE ON THE CONTENT IN THE EXCELSIS PROPERTIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification Relating to Use

As a condition to your use of the Excelsis Properties, to the fullest extent permitted by law, you agree to defend, indemnify and hold harmless Excelsis and its respective officers, directors, employees, agents, contractors, vendors and suppliers from and against any liabilities, losses, damages, costs and other expenses (including court costs and reasonable attorneys’ fees) arising or resulting directly or indirectly out of (i) any breach by you of the Terms and Conditions, (ii) your use of the Excelsis Properties, (iii) User Content submitted by you.

Limitations on International Users

Export Control Laws. Certain Content that may be downloaded by you or is otherwise made available on the Excelsis Properties may be subject to United States export control laws. These laws prohibit the export of certain information, software and other technology to certain restricted localities, persons and entities. You agree and acknowledge that no Content, software or other technology may be used, downloaded or exported from the Excelsis Properties (i) in or into any country against which the United States maintains a trade embargo, (ii) by or to a person or entity designated on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Commerce Department’s Denied Persons List or Entity List, or (iii) otherwise in violation of any applicable United States export control law.

Compliance with Laws of Other Countries. Excelsis operates the Excelsis Properties from the United States and does not warrant or represent that they are appropriate for use in or otherwise comply with the laws of any jurisdiction outside the United States. You acknowledge and agree that you are solely responsible for ensuring that your use of the Excelsis Properties is lawful in any jurisdiction in which you use them.

TERMS AND CONDITIONS OF SALE

Prices and Payment Terms

Published prices don't include taxes, duties, brokerage or shipping costs, and they may be changed without notice. All payments must be in U.S. Dollars. Visa, MasterCard and American Express will generally be accepted for Services, but credit card arrangements are subject to change. Other payment options include but limited to PayPal and similar payment companies.

Right to Correct, Reject or Cancel Orders

We reserve the right to correct typographic errors and reject or cancel orders because applicable law prevents the sale of the Services in your area or for any other reason.

Limitation of Liability and Remedies Concerning Services

TO THE FULLEST EXTENT PERMITTED BY LAW, EXCELSIS AND ITS EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS WILL NOT BE LIABLE IN CONTRACT, WARRANTY, TORT OR OTHERWISE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, GOODWILL, BUSINESS INTERRUPTION OR ANY OTHER LOSSES (OTHER THAN THE COST OF THE  SERVICES OR ITS REPLACEMENT) THAT ARISE DIRECTLY OR INDIRECTLY OUT OF YOUR PURCHASE OF ANY SERVICE FROM US, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ANY LIABILITY FOR CLAIMS ARISING OUT OF THE MISUSE, IMPROPER SELECTION,. TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR ONLY RECOURSE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY CLAIMS RELATED TO THE SERVICES WE SELL IS THE RIGHT TO RETURN THE SERVICES AND OBTAIN AT OUR OPTION A REFUND OF THE PURCHASE PRICE OR REPLACEMENT OF THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, WARRANTY, TORT OR OTHERWISE) SHALL NOT EXCEED THE PURCHASE PRICE OF THE SERVICE THAT GIVES RISE TO THE CLAIM. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CLAIM OR ACTION BROUGHT AGAINST US ARISING OUT OF ANY SERVICE WE SELL TO YOU MUST BE BROUGHT WITHIN ONE YEAR AFTER THE SERVICE HAS BEEN DELIVERED TO YOU.

Your Representations and Warranties. You are responsible for familiarizing yourself with all other available information about the Services prior to your purchase and use of them to determine their suitability for and any limitations on your intended use. In connection with any purchase of Services from us, you warrant, represent, acknowledge and agree as follows: (i) the purchase, , use, handling, storage, disposal, of the Services by you will be in compliance with all applicable laws and regulations and will conform to generally recognized industry and professional standards (iii) you have used your own skill and judgment in selecting and you are solely responsible for the determination and selection of suitable Services for your contemplated use  of the Services; (iv) you are at least 18 years of age, and have the legal right and are authorized to purchase the Services;

Your Indemnification of Us. Your purchase, and use of the Services is at your own risk. To the fullest extent permitted by law, except to the extent caused by our negligence or willful misconduct, you agree to defend, indemnify and hold harmless Excelsis and its respective officers, directors, employees, agents, contractors, vendors and suppliers from and against any liabilities, losses, damages, costs and other expenses (including court costs and reasonable attorneys’ fees) arising or resulting (directly or indirectly) out of your (i) breach of any of the Terms and Conditions, (ii) negligence, misuse or other wrongful conduct related to a Service, or (iii) violation of any applicable law related to any Service. To the extent they are inconsistent with the U.S. federal Anti-Deficiency Act, the indemnification provisions in the Terms and Conditions will not apply to any sale made by us to a U.S. federal government agency to which the Anti-Deficiency Act applies.

Electronic Commerce / EDI

If you purchase Services through our website, or by email, facsimile or an electronic data interchange or EDI system (collectively, “e-commerce”), you agree that (i) any contract of sale resulting from an e-commerce transaction is legally binding and enforceable, notwithstanding the provisions of any law relating to whether agreements must be in writing or signed by the parties to be bound thereby; and (ii) copies of our e-commerce records are admissible in any legal proceeding under the business records exception to the hearsay rule, the best evidence rule or any other rule of evidence, notwithstanding that such records were not originated or maintained in documentary form. As provided in the Uniform Commercial Code, we adopt as our signature on e-commerce communications the electronic identification of Excelsis affixed to or contained in each electronic record transmitted in connection with a transmission. In the event of a dispute, the business records maintained by us regarding your e-commerce purchases with us shall be deemed to be the governing records for purposes of establishing the terms of those purchases.

GENERALLY APPLICABLE TERMS

Jurisdiction, Choice of Law and Jury Trial Waiver

The Terms and Conditions (including the breach, termination and validity thereof), sales of our Services, use of the Excelsis Properties, any personal information you submit to us and any disputes arising out of or relating to any of the foregoing (i) shall be governed entirely by and interpreted in accordance with the laws of the State of New York and applicable U.S. federal law, without giving effect to conflict of law principles of any jurisdiction, and  Except as otherwise expressly provided respecting the resolution of any controversy or claim between Excelsis and a party domiciled outside the United States, you irrevocably consent to the exclusive jurisdiction of the courts located in Suffolk County, New York in connection with any action by or against Excelsis to which you are a party. Proceedings to enforce the result of any such adjudication, however, may be brought in any applicable forum. TO THE FULLEST EXTENT PERMITTED BY LAW, WE BOTH KNOWINGLY AND VOLUNTARILY WAIVE TRIAL BY JURY IN ANY SUCH ACTION.

Force Majeure

We are not liable for any delay in or impairment of our performance caused in whole or in part by acts of God, labor disruptions, acts of war, terrorists, criminals, hackers or vandals, governmental decrees or controls, riots, epidemics and quarantines, communications disruptions, power failures, accidents, explosions, fires inability to obtain services and access to third party applications and websites, licenses or permits, severe weather, natural disasters and catastrophic events, or any other occurrence which is beyond our reasonable control in the conduct of business.

Waiver

The failure (with or without intent) of any party to insist upon the strict performance by the other party of any provision of the Terms and Conditions shall not be deemed to constitute a modification of, or a waiver of the right to insist at any time thereafter upon performance strictly in accordance with, any of the provisions of the Terms and Conditions. No waiver of any provision of the Terms and Conditions shall operate as a waiver of any other provision of the Terms and Conditions, and no waiver of any provision of the Terms and Conditions shall operate as a continuing waiver of that provision.

Severability

In the event that any provision of the Terms and Conditions is held illegal, invalid or unenforceable for any reason, that illegality, invalidity or unenforceability shall not affect the remaining provisions of the Terms and Conditions, in which event they shall be construed and enforced as if that illegal, invalid or unenforceable provision had never been inserted in them.

Assignment; No Third-Party Benefit

No benefits or duties under the Terms and Conditions may be assigned without our prior written consent, except that a merger or consolidation of any party with another entity shall not constitute a violation of this provision. The Terms and Conditions are intended for the sole and exclusive benefit of the parties thereto and their respective permitted assignees thereunder. Nothing in the Terms and Conditions shall give any other person any legal or equitable right, remedy or claim under or in respect of the matters covered in them.

Independent Relationship

Nothing provided in the Terms and Conditions shall be deemed to create any relationship between us of employment, partnership, joint venture, agency or representation with respect to the use of the Excelsis Properties or sales of Services by us.

PRIVACY POLICY

Application of Privacy Policy

This Privacy Policy is intended to help you understand how Excelsis collects, uses and safeguards the personal and other information you provide through our website and our mobile applications. It does not apply to the use or disclosure of personal and other information that is collected or obtained by us through other means.

CCPA Notice--Information for Customers in California

If you are an individual within the State of California, USA, the California Consumer Privacy Protection Act of 2018 (“CCPA”) may apply to the personal data that you provide us through the Excelsis Properties or otherwise through your interaction with us. If so, we are required by the CCPA to provide additional information to you, which you can find in the California Privacy Statement below.

Your Account

Your Responsibilities. To protect your account from unauthorized activity, you should keep your password confidential and restrict access to your computer and any mobile devices through which your account may be accessed. You are responsible for all activity on or through your account. We will not be liable for damages or loss arising from your failure to maintain the confidentiality of your password or to adequately restrict access to your account. You represent and warrant that all information that you provide in connection with your account is and shall be accurate, truthful, current and complete. We reserve the right to deny, deactivate or terminate your account at our discretion.

Breach of Security. You accept all risk that your account may be accessed without your permission. If you discover or suspect that the security of your account has been breached, please let us know as soon as possible.

Information We Collect and Use

Your Personal Information. When you place an order for a Service, we need to know your name, email and mailing addresses, and your billing information so that we can fill, confirm and process your service, notify you of your service status and process your payment. We may also request some of this same information from you when you ask a question or make a comment through our website or mobile applications in order for us to respond appropriately. For administration purposes, our website or mobile applications may collect your IP address or domain name, referring web page, browser type, mobile device type, device operating system, device settings, geolocation data and non-personal information about the way you use your device or this site (such as the length of time spent or the pages accessed while visiting this site). We may use third-party website analytics tools and embedded tracking codes that collect information about visitor traffic on our sites and mobile applications to collect information about you.

Disclosure of Information to Third Parties. We don't rent or sell to others any information about our customers. We do not grant permission to third parties to collect information regarding the online activities of our website users over time and across different websites when they visit our website. However, we may provide your personal information to third parties who provide services on our behalf, such as the companies engaged to process your payment. We also reserve the right to disclose without notice to you any information in our possession if we believe we are required to do so by law, to protect or defend our rights or property, or to respond to an emergency.[j1] 

Use By Minors Prohibited. Our website and mobile applications are not intended for use by and Excelsis does not intend to collect personal information from individuals under 18 years of age. Individuals under 18 years of age are directed to not use our website and mobile applications, whether to purchase Services, submit personal information or otherwise.

Access and Correction. The file containing your personal information will be held at our offices or on our servers or those of our service providers, and employees who require it for the purposes of their duties will have access to this file. You may obtain a copy of certain personal information we maintain about you and update or correct inaccuracies in that information using the features of your account. If you wish to update or delete other personal information, you can contact us by one of the methods described at www.excelsiscfas.com/contact us and we will endeavor to correct, update or remove the personal information you give us.

Security of Your Information

Excelsis‘s Responsibility. The security of your information is important to us. While we endeavor to use reasonable efforts to safeguard the confidentiality of your information, the Internet and other e-commerce channels are not totally secure. Due to the possibility of transmission errors, hacking or other unauthorized third-party activities, we cannot guarantee that personal data transmitted to our website and mobile applications will remain secure. If we become aware of a security breach involving any such data, Excelsis will make all legally required disclosures consistent with our ability to determine the scope of the breach, our need to restore the integrity of the system and the needs of law enforcement.

Credit Card Information. Whenever we transmit your credit card information over the Internet, we use industry standard encryption for all pages containing private information pertaining to your shipments. Your full credit card number is never displayed when you use our website or mobile applications. When you use a saved credit card, we only include the last four digits of the credit card number on the order page so that you can tell which credit card you used.

Cookies[j2] 

What are Cookies? A cookie is a small text file that our website places on your computer or mobile device. Your browser provides the cookie to us each time you return to our website. Cookies help us to identify you and to provide you with information that is relevant to you when you return to our site. Cookies also help us understand how our site is being used so that we can make it more effective for our users.

Types of Cookies We Use. We use only "Strictly Necessary", "Performance", and "Functionality" cookies on our site. These cookies are described below.

Strictly Necessary Cookies. These cookies are essential to the use of our site, as they enable you to move around the site and use its features, such as accessing logged in or secure areas.

Performance Cookies. These cookies collect information about how you have used the site, for example, information related to the unique user name you have provided, so that less strain is placed on our backend infrastructure. These cookies may also be used to allow us to know that you have logged in so that we can provide you with different content than that provided to a new user. We also use this type of cookie to track aggregate usage of our site. The information collected is used to improve how the site works.

Functionality Cookies. These cookies allow us to remember how you logged in, when you logged in or out, and the history of your activity on our site. These cookies also allow us to tailor the service to provide enhanced features and content for you. The information collected by these cookies may be anonymous, and they are not used to track your browsing activity on other sites or for other services.

First and Third Party Cookies. First-party cookies are cookies that belong to us, third-party cookies are cookies that another party places on your device through our site. Third-party cookies may be placed on your device by someone providing a service for us, for example to help us understand how our service is being used.

Duration of Cookies on your Device. The length of time a cookie will stay on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies will only stay on your device until you stop browsing. Persistent cookies stay on your computer or mobile device until they expire or are deleted.

Managing and Deleting Cookies. By using our website, you consent to our use of cookies. You can withdraw your consent to our placement of cookies on your device by contacting us by one of the methods described at www.excelsiscfas.com/contact us. Additionally, you can delete cookies from your device or control the types of cookies you receive using the settings functions on your browser by following the instructions at http://www.allaboutcookies.org/manage-cookies/clear-cookies-installed.html. Note that if you set your browser to disable cookies, you may not be able to access certain parts of our service and other parts of our service may not work properly. More information about cookie settings is available at third-party information sites, such as www.allaboutcookies.org.

“Do Not Track” Signals

Our website is not configured to respond, and it does not respond to “do not track” signals.

Disclaimers Relating to Privacy Laws Outside the United States

The Excelsis Properties are operated by Excelsis from our office in the United States. Information that you submit to us from outside the United States through the Excelsis Properties will be transmitted to the United States (including to our service providers located in the United States), which may have privacy laws that are less protective than the privacy laws of the jurisdiction in which you reside. By using our website and other Excelsis Properties, you consent to this transfer. We make no representation that our website or mobile application is appropriate or available for use in locations outside the United States.

Changes in Privacy Policy

We reserve the right to change the Privacy Policy at any time by providing notice to you. We will notify you of changes to the Privacy Policy by one or more of the following: (i) providing you with an electronic notification through our website, by email or other means of electronic communication or through any of our e-commerce or mobile applications, or (ii) making a revision to the Privacy Policy and changing the Terms and Conditions Version Date appearing below. By clicking the “I agree” button in connection with an electronic notification of a change, by using any of the Excelsis Properties or by purchasing a Service from us after the new version date, you signify your acceptance of the revised Privacy Policy.

Personal Information We Collect

We collect the following categories of personal information from consumers:

- Personal identifiers including your name, address, telephone number, job title, employer, payment information and other personal information under the California customer records law.

- Commercial information including records of Services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

- Internet and similar network activity including IP address, browsing history, search history, geolocation data based on network activity, information on a consumer's interaction with a website, application, or advertisement.

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Sources of Personal Information

We obtain the categories of personal information listed above from the following categories of sources:

- Directly from our customers. For example, from information that our customers provide to us related to the orders for Services which they purchase from us or in connection with establishing an account with us.

- Directly and indirectly from activity on our website (www.excelsiscfas.com) or mobile applications. For example, from submissions through our website portal or website usage details collected automatically.

- From third-party website analytics tools and embedded tracking codes that collect information about visitor traffic on our website and mobile applications.

Purposes for Use of Personal Information

We use or disclose the personal information we collect for one or more of the following business purposes:

- providing our services to you or the business you represent (for example, if you provide us with personal information in order to pay for a service with us, we will use that information to process your payment, complete the service for you),

- maintaining our business relationship and/or providing ongoing support, where you are a user of the Excelsis Properties or a customer or you otherwise engage with us for business purposes,

- informing you about our services and responding to your comments or requests for information,

- sending mail, and advertisement to you,

- enforcing any contracts that we enter into with you, or defending claims arising from such contracts;

- optimizing the Excelsis Properties and customer experience,

- where necessary to protect the rights, property or safety of us or other users or customers,

- where we are obligated, or permitted, to do so by applicable law, regulation or legal process, including disclosure to customs or other governmental authorities, or

- as described to you when collecting your personal information.

Sharing of Personal Information for a Business Purpose

- service providers engaged by us to provide services, such as delivery and logistics companies, payment processors, and website hosts and other IT infrastructure providers, and

- third parties to whom you authorize us to disclose your personal information in connection with Services we provide to you.

Sale of Personal Information

In the preceding twelve (12) months, we have not sold any personal information.

Your Rights and Choices

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

- the categories of personal information we collected about you,

- the categories of sources for the personal information we collected about you,

- our business or commercial purpose for collecting or selling that personal information,

- the categories of third parties with whom we share that personal information

- the specific pieces of personal information we collected about you (also called a data portability request),

- if we sold your personal information, a list identifying the personal information categories that each category of recipient purchased, and

- if we disclosed your personal information for a business purpose, a list identifying the personal information categories disclosed.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request pursuant to certain exceptions provided in the CCPA, including to take actions reasonably anticipated within the context of our ongoing business relationship with you, to comply with legal obligations, or to make other internal and lawful uses of your person information that are compatible with the context in which you provided it. The response we provide will explain the reason for denying your request.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

- calling us at 631-536-6333, or

- visiting excelsis.com/contact us.

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

- provide sufficient information that allows us to reasonably verify you are either the person about whom we collected personal information or an authorized representative of that person, and

- describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm that the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us.

Response Timing and Format

We will endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (we may take up to 45 additional days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, your exercise of your CCPA rights will not result in us:

- denying you services,

- charging you different prices or rates for services, including through granting discounts or other benefits, or imposing penalties,

- providing you a different level or quality of services, or

- suggesting that you may receive a different price or rate for services or a different level or quality of services.

Changes to Our Privacy Notice

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will notify you by one or more of the following: (i) providing you with an electronic notification through our website, by e-mail or other means of electronic communication or through any of our e-commerce or mobile applications, or (ii) making a revision to the privacy notice and changing the effective date shown above.

Contact Information

If you have any questions or comments about this notice, our Privacy Statement, the ways in which we collect and use your personal information, or your choices and rights regarding such use, or if you wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone: 631-536-6333

Website: excelsiscfas.com/contact us

9) Cookies You have certain rights in relation to personal data we hold about you. Details of these rights are set out below and you can exercise them by contacting us by one of the methods described at www.mcmaster.com/contact. We will require evidence of your identity before we are able to act on your request.

a) What are Cookies? Our website uses small text files called cookies that help us identify you on return visits and provide information that is relevant to you. A cookie is a small file that a website stores on a visitor's device or computer, and that the visitor's browser provides to the website each time the visitor returns. These files also help us understand how our website is being used so that we can make it more effective for our users.

b) Learn more about our use of cookies. You can read more about the cookies we use, why we use them and how you can control and delete them in our Privacy Policy above.

10) Consent If we are processing your personal data based on your consent, you have the right to withdraw your consent at any time. You can do this by contacting us by one of the methods described at www.excelsiscfas.com/contact us.

11) Contact If you have any questions or if you would like to contact us about our processing of your personal data, including to exercise your rights as outlined above, please contact us by one of the methods described at www.excelsiscfas.com/contact us.

VERSION DATE: March 12, 2021

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