Terms and Conditions of Use

Please carefully read these Terms and Conditions of Use (“Agreement”). By accessing, browsing or using this website, either directly, or through indirect means (“Website”), or by using the software and/or services, (including, for example, telephone, mail, text, email or facsimile), you accept and agree to be bound by the terms of this Agreement. If you do not agree to these terms and conditions, you are not authorized to access or use the Website and should immediately cease all use.

1. GENERAL TERMS


For purposes of this Agreement, “You” or “Your” means the person(s) using the Xcelerator Website, its software and/or services (“Services”). Any reference herein to “Us”, “We”, or “Our” means Xcelerator. Xcelerator Pro™ is a trademark of Xcelerator. All rights reserved. All other product names used herein are the trademarks of their respective owners and We disclaim all rights to those marks.

THE DISCLOSURES AND CONSENTS REQUIRED UNDER CERTAIN STATE LAWS ARE DEEMED TO BE PROVIDED, RECEIVED AND AGREED TO BY USE OF THE WEBSITE.

Xcelerator retains the right at any time, in its sole discretion, for Our convenience, or any breach of this Agreement by You, to cancel, deny access to, and/or deny use of the Website and the Services. Further, Xcelerator may at any time, change or discontinue any aspect or feature of the Website or its Services, and has the right to modify this Agreement in whole or in part. Such changes, modifications, additions or deletions shall be effective immediately upon posting on the Website. Any use by You of the Website or the Services shall be deemed to constitute acceptance of such changes. Any dispute of the foregoing actions taken by Xcelerator should be directed to Us in writing, or via email to help@xceleratorpro.com. The Website and Services are intended for individuals who are at least 18 years of age and reside within the United States of America, or the District of Columbia. If You are under 18 years of age or reside outside of the United States of America or the District of Columbia, You are not eligible to access the Website or use the Xcelerator Pro Services.

2. SECURITY AND PRIVACY POLICY


The security of your information is Xcelerator’s highest priority. Xcelerator uses industry leading software to provide a secure network infrastructure to protect your data. We will only share Your data with Our service providers under terms of confidentiality and only as necessary to provide the Service. Xcelerator Pro™ securely interfaces with software solutions of third party service providers, such as Infusionsoft by Keap, Google’s Google Analytics, Amazon’s AWS, and Memberium’s membership support to provide full service, loan acceleration Services.

Please review Our Privacy Policy in its entirety which is hereby incorporated by reference in this Agreement.

3. OUR SERVICES


The Xcelerator Pro is a software as a service (“SAAS”) product that provides loan acceleration strategies in the form of a customized report (“Report”). The Report provides guidance to help borrowers save money on outstanding loans by accelerating repayment of the loan in order to reduce the principal balance at an accelerated rate. Xcelerator DOES NOT make loans nor do We act as an agent for You or Your Lender.

Your use of this Website requires that You be responsible for providing at Your expense, a computer with Internet access.

4. NOT SUBJECT TO BUSINESS OPPORTUNITY LAWS


The Federal Trade Commission (FTC) and many states have laws that require disclosure and registration requirements for individuals to invest in business opportunities. Neither the Business Opportunity Laws, nor the Business Opportunity Rules apply to any of the Services provided hereunder.

5. INTELLECTUAL PROPERTY RIGHTS, COPYRIGHT AND TRADEMARK RIGHT


All intellectual property rights, and contents of this Website are owned by or licensed to Xcelerator: Copyright © 2019 Xcelerator, and/or its suppliers. All rights reserved. Xcelerator Pro is a trademark of Xcelerator. Any other product and/or company names mentioned herein, may be the trademarks of their respective owners and are used under license.

Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any service mark or trademark (individually and collectively, “Mark” or “Marks”) displayed on the Website, without the prior written consent of Xcelerator or the applicable Mark holder specific for each such use. The Marks may not be used to disparage Xcelerator, the applicable third party or the products or services of such parties, nor shall they be used in any manner that may damage any goodwill in the Marks. Use of any Mark as part of a link to or from any site

is prohibited unless establishment of such a link is approved in advance by Xcelerator in writing.

The Website contains copyrighted material, trademarks and other proprietary information, which may include, but is not limited to, text, software, images, video, graphics, music and sound, and the entire contents of the Website are copyrighted as a collective work under the United States copyright laws. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, You will not copy, redistribute, retransmit, publish or commercially or non-commercially exploit any downloaded or downloadable information, Reports, or materials without the express written permission of Xcelerator or the copyright owner. Elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors.

6. DISCLAIMER


Xcelerator’s Services provide loan payoff guidance. However, You should rely on Your own financial judgment and seek advice from a finance professional as necessary if You need expert advice to achieve a specific outcome for any of Your outstanding loans. Xcelerator shall not be liable for any damages or costs of any type arising out of or in any way connected with Your use of the Services.

7. LIMITATION OF LIABILITY


It is Our intent that all information contained in the Website be accurate and reliable; however, errors may sometimes occur. The information is provided as a service to the general public over the age of eighteen and is subject to change without prior notice. In addition, changes and improvements to the information provided herein are provided “as-is” without warranty of any kind, implied, expressed or otherwise. Under no

circumstances will Xcelerator be liable for any loss or damage caused by Your reliance on the information obtained through use of the Website. It is Your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Website.

THE WEBSITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS”. XCELERATOR AND/OR ITS SUPPLIERS, AND SERVICE PROVIDER COMPANIES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THE WEBSITE AND/OR XCELERATOR’S SERVICES IS AT YOUR OWN RISK. XCELERATOR AND/OR ITS SUPPLIERS, OR SERVICE PROVIDERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR THE INABILITY TO USE THE WEBSITE AND/OR XCELERATOR’S SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE WEBSITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES ERRORS, DEFECTS, VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO XCELERATOR RECORDS, PROGRAMS

OR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF XCELERATOR AND/OR ITS SUPPLIERS, OR SERVICE PROVIDER COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

8. INDEMNIFICATION


You agree to defend, indemnify and hold us and our affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees which may arise from your use or misuse of the Service. We reserve the right to control any matter otherwise subject to indemnification by You and You agree to cooperate with us in asserting any available defenses.

9. LIMITATION ON DAMAGES


In no event will Xcelerator have any liability to You in excess of actual compensatory damages. You irrevocably waive any claim to consequential, punitive or exemplary damages.

10. THIRD PARTY WEBSITES


The Website may contain links to websites maintained by third parties. Such links are provided for Your convenience. Xcelerator does not operate or control in any respect any information, software, products or services available on such Website. When You leave the Website please note that Xcelerator is not responsible for the accuracy or content of the information provided by that website, nor is it liable for any direct or indirect technical or system issues arising out of Your access to or use of such third party technologies or programs available through that website.

11. ERRORS AND DELAYS


Xcelerator is not responsible for any errors or delays in responding to a request beyond Our reasonable control.

12. DISPUTE RESOLUTION


Any claim or controversy arising out of or relating to the use of the Website, to the goods or services provided by Xcelerator, or to any acts or omissions for which You may contend Xcelerator is liable, including but not limited to any claim or controversy as to arbitrability (“Dispute”), shall be finally, and exclusively, settled by arbitration. The arbitration shall be brought before the American Arbitration Association (“AAA”). The arbitration shall be venued in California. consumer location reasonably convenient to the consumer. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the parties shall agree on an arbitrator mutually agreeable to both parties. Should the AAA decline to accept a matter submitted for individual (non-class) arbitration under these Terms of Use, the parties shall jointly select another arbitrator. In the event the parties are unable to agree on a neutral arbitrator, the claimant may file suit in any court of competent jurisdiction solely for the purpose of requesting the appointment of an arbitrator for individual (non-class) arbitration, as provided for in Section 5 of the Federal Arbitration Act. To begin the arbitration process, a party must make a written demand therefor. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND XCELERATOR WILL BE RESOLVED BY BINDING ARBITRATION. THEREFORE, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR

RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, and the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using Xcelerator’s goods, facilities and services, You consent to these restrictions.

Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between You and Xcelerator, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in northern California. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys’ fees.

13. NOTICES


All notices shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the following:

Xcelerator Inc.

4300 S Jog Rd, St # 540201

Lake Worth Fl, 33454

14. DATA BREACH NOTIFICATION


In the event of data security breach that requires Us to notify You, We will send You notification by email. You must therefore keep your registered email address current and promptly notify us of any changes in writing by contacting help@xceleratorpro.com.

15. MISCELLANEOUS


This Agreement (which hereby incorporates by reference any other provisions applicable to use of the Website), including, but not limited to, any supplemental terms, all constitute the entire agreement between You and Xcelerator and shall supersede all other prior or contemporaneous communications, agreements or promises, whether oral, written or electronic, between You and Xcelerator with respect to the Website and information, software, products and Services associated herewith. This Agreement shall be subject to and construed in accordance with the laws of the State of Florida, excluding its conflict of laws principles. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.