Updated November 7, 2024
Welcome and thanks for visiting excoadvisors.com (“Site”) and our Terms of Service (“Terms”). We’re excited to help you attain your goals and feel more empowered in your business journey.
Please take the time to read these Terms carefully. By visiting or using our Site, using our services or any features made available as part of the Site (“Services”), you are agreeing to these Terms resulting in a legal agreement (the “Agreement”) between you and EC Ventures III, LLC d/b/a Exceptional Business Advisors (collectively “EBA,” “we,” or “us”). EBA is a decentralized corporation with no physical corporate offices, incorporated in the state of Colorado.
The Site; services offered through the Site (“Services”); the text, audio, video, graphics, resources or other content featured on the Site (“Content”), are to be considered “Offerings” for purposes of these Terms.
Your use of, interaction with, and participation in, certain Offerings may be subject to additional terms (“Supplemental Terms”). Such Supplemental Terms will either be listed in the Terms or will be presented to you when you use supplemental Offerings.
These Terms and any Supplemental Terms define the terms and conditions under which you are allowed to use our Offerings in accordance with our agreement, in addition to our Privacy Policy which describes how we treat data we collect and process about you. If you don’t agree to these Terms, you must discontinue any and all use of our Offerings.
I. Eligibility of Service
The Site and Offerings are intended for use by individuals in the contiguous United States of America, Alaska, Hawaii, Puerto Rico, and other U.S. Territories (“Serviced States”). At this time, we do not service individuals or entities outside of the Serviced States. As such, by using the Site you confirm that you:
- Are legally capable of entering this agreement and do so willingly;
- Are at least 18 years old;
- Are a resident of a Serviced State; and
- Are accessing the site from a Serviced State.
- Provide true, complete, and up-to-date contact information.
By using the service you warrant that you meet all the criteria listed above and that you won’t use the Site or any Offerings in a way that violates applicable laws or regulations.
II. Rights
A. Proprietary Rights
Without prejudice to any more specific provisions in these terms, all intellectual property rights associated with our website, including copyrights, trademark rights, patent rights, and design rights, are exclusively owned by us or our licensors. These rights are protected by applicable laws and international treaties concerning intellectual property.
All trademarks, whether nominal or figurative, and any other marks, trade names, service marks, word marks, illustrations, images, or logos associated with our website, are and remain the exclusive property of us or our licensors. These are also protected by applicable laws and international treaties related to intellectual property.
B. External Resources
Through our website, you may access external resources provided by third parties. You acknowledge and accept that we have no control over these resources and are not responsible for their content or availability.
Conditions for third-party resources, including any rights granted in their content, are governed by those third parties’ terms and conditions or by applicable law.
C. Privacy
Your privacy is important to us. Please read our Privacy Statement for information on how we collect, use, and disclose personal information, and how you can enact your rights when you use and interact with our Offerings.
III. Rules and abuse
A. Acceptable Use
The Site and Offerings may only be used within the scope of what they are provided for, under these terms and applicable law. As such, by using the Site, you agree to use the Site and Offerings accordingly. You are solely responsible for ensuring your use of the Site and Offerings does not violate any laws, regulations, or third-party rights.
You may not reproduce, duplicate, copy, sell, or exploit any part of our website or its service without our express written permission.
We reserve the right to protect our interests by denying you access to the Site and Offerings, terminating contracts, and reporting any misconduct to the appropriate authorities if you are involved in or suspected of:
- impersonating third-parties,
- violating laws, regulations, or these Terms;
- infringing on third-party rights;
- significantly impairing our legitimate interests; or
- offending us or any third party.
B. Proprietary Rights
We hold and reserve all intellectual property rights for all Content.
You may not use the Content in any way that is not necessary or implied for the proper use of the service.
Specifically, but without limitation, you may not copy, download, share (beyond the limits mentioned below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer, assign to third parties, or create derivative works from the Content. You are responsible for any third party violation for this clause through an account or device you own, even unknowingly.
Where explicitly stated, you may download, copy, and share some content from our website for personal and non-commercial use, provided you correctly implement copyright and other required attributions.
IV. Liability
A. Limitations of Liability
We, along with our subsidiaries, affiliates, officers, directors, agents, partners, suppliers, or employees, (collectively, the ”Team”) shall not be liable in any event, to the maximum extent permitted by applicable law, for errors, mistakes, or inaccuracies in the Offerings, including errors or omissions in any content posted, transmitted, or made available through the Site; any indirect, punitive, incidental, special, consequential, or exemplary damages arising from or related to your use of, or inability to use, the Offerings. This includes damages for loss of profits, goodwill, use, data, or other intangible losses;
We take your security seriously and take appropriate measures to safeguard our servers from bad actors. We cannot guarantee the security of data transmissions over the internet.
Our Team shall not be liable, under any circumstance for unauthorized access to our secure servers or personal information stored therein; interruption or cessation of transmission to or from the Service; bugs, viruses, trojan horses, or similar harmful elements transmitted through the Service.
This limitation of liability section will apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if you have been advised of the possibility of such damage.
B. No Warranties
The Site and all Offerings are provided on an “as is” and “as available” basis. When you use our Site or Offerings, you are doing so at your own risk. We explicitly state that we are not making any promises or guarantees, whether they are expressed, implied, or even required by law. These include assurances about the quality of the service, its suitability for your specific needs, or whether it infringes on anyone else’s rights. Please keep in mind that any advice or information you receive from us or through our service does not create any warranties beyond what we have explicitly stated here.
Additionally, while we strive to provide accurate and reliable Content, we cannot guarantee that it is always going to be the case. While we do our best to keep everything running smoothly, we cannot ensure that Offerings will be free of harmful elements like viruses. By interacting with our Offerings, you are solely responsible for any damage resulting to your devices or data from said interactions. We do not guarantee that Offerings will always meet your requirements or be available when you need it. There might be interruptions, or it might not function correctly due to factors beyond our control.
We do not endorse or guarantee any products or services advertised through our service or any links we provide. We are not involved in any transactions between you and third-party providers, so any interactions or agreements you make with them are solely your responsibility.
The Site might not always be accessible or may not work correctly with your web browser, mobile device, or operating system. While we strive to provide a seamless experience, we cannot guarantee it in every situation. As such, we want to clarify that we cannot be held responsible for any perceived or actual damages that result from issues related to the content, operation, or use of our Offerings.
C. Indemnification
By using and accessing the Site, you agree to defend, indemnify, and hold us, our subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees harmless from any claims, damages, losses, liabilities, costs, or expenses, including legal fees, arising from:
- your use of the service, including any data or content you transmit or receive;
- your violation of these terms, including any breach of representations and warranties;
- your violation of third-party rights, such as privacy or intellectual property rights;
- your violation of statutory laws, rules, or regulations;
- your intentional misconduct; or
- any statutory provision by you or your affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees to the extent permitted by law.
V. Other Important Stuff
A. Choice of Law
The State of Colorado laws and the Federal Arbitration Act will govern all disputes arising out of or relating to the Service and the Agreement, regardless of conflict of laws rules.
B. Dispute Resolution
You and EBA agree that, except as provided below, any dispute, claim or controversy arising out of or relating in any way to the Service or the Terms (a “Claim”) will be determined by binding arbitration or small claims court, instead of in courts of general jurisdiction.
Either you or EBA can seek to have a Claim resolved in small claims court if all the requirements of the small claims court are satisfied. Either you or EBA may seek to have a Claim resolved in small claims court in the State of Colorado.
Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision, and that you are waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of the Agreement and/or the termination of the Offerings.
If you elect to seek arbitration, you must first send to EBA a written Notice of your Claim (“Notice of Claim”). The Notice of Claim to EBA should be directed to our registered agent P.O. Box 1536, Colorado Springs, CO. 80901. A Notice of Claim must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific amount of damages or other relief sought.
You and EBA agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome.
Therefore, you and EBA agree that, after a Notice of Claim is sent but before either you or EBA commences arbitration or file a claim in small claims court against the other, we will personally meet, via telephone or videoconference, in a good-faith effort to confer with each other and try to resolve informally any Claim covered by the Agreement.
If an agreement cannot be reached to resolve the Claim within sixty (60) days following the Notice of Claim is received, you or EBA may commence an arbitration proceeding by filing a Demand for Arbitration or , alternatively, by filing a Claim in small claims court.
C. Severability
Invalidity or unenforceability of any provision under applicable law will not affect the validity of other provisions, which will remain in full force and effect.
Any invalid or unenforceable provision will be interpreted to the extent reasonably required to render it valid, enforceable, and consistent with its original intent. This document constitutes the entire agreement between you and us and supersedes all other communications.
D. No Waiver
If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we reserve our right to take action at any point.
E. Surviving provisions
The Agreement will continue in effect until it is terminated by either you or EBA. Upon termination, the provisions contained in this document that by their context are intended to survive termination or expiration will survive, including but not limited to the following: Proprietary Rights, Limitation of Liability, No Warranties, Indemnification, Dispute Resolution, Choice of Law, Severability, and No Waiver.