The following General Terms and Conditions shall apply exclusively to the business relationship between Excel Assistance, Inc., its internet platform www.excelassist.com ("Excel Assistance") and our users. By using Excel Assistance, the user accepts the following General Terms and Conditions. Any special promotions run by Excel Assistance shall only be valid if they are announced on Excel Assistance's website or in its corresponding email newsletter. Certain promotions may only be valid for a limited time, and details of any such timings will be announced on the website or in a newsletter. Once the advertised time limit of any such promotion has been reached, or the relevant auction or auctions have ended, the promotion is also finished.

Any bidding advice or other written materials (for instance, 'Help' articles) posted on Excel Assistance are provided solely as suggestions and are not intended to be relied upon. Excel Assistance is not liable or responsible for any actions taken due to a user or other person having read or been told about such advice or other written materials.

Eligibility to Participate / Registration / Disqualification
By placing a bid on Excel Assistance, the user declares that they are legally capable of entering into binding contracts and that they are at least 18 years old. Each user may register only once. Additionally, only one user registration per household is permitted. During the registration process, the user must choose a username. The username must not be offensive, be selected to deceive or mis-inform other users, may not offend common decency or infringe upon the rights of third parties. If Excel Assistance receives information of a username which is illegal or in breach of these Terms, this username can be amended by Excel Assistance without prior notice. The corresponding user password is to be kept secret by the user. User accounts created during registration are non-transferable. The user account may be used only by the user and not by anyone else. Any abuse of the user account, be it to the detriment of third parties or to the detriment of Excel Assistance, shall result in the disqualification of the user and the reporting of a crime. In general, the user shall be liable for all activities that are undertaken using the user account together with the associated password.

Excel Assistance reserves the right to temporarily or permanently disqualify a user, or disable their account at any time, and at its sole discretion. Users will be disqualified when in the reasonable opinion of Excel Assistance, a member has violated any laws or the rights of third parties. A user will be disqualified if such action will protect the rights of other users, or to prevent unauthorized manipulation or use of Excel Assistance. Examples of such unauthorized usage include (but are not limited to) non-payment of bids, use of unauthorized third-party bidding software or set up of multiple user accounts by the same individual. In case of a breach of these Terms, Excel Assistance reserves the right to withhold deliveries or refunds for bids. Furthermore, Excel Assistance reserves the right to limit the number of auctions a user may participate in or the number of his successfully finished auctions at its sole discretion. Please refer to our separate acceptable use policy for additional information.

Disclaimer of Warranty and Limitation of Liability regarding the Use of Excel Assistance.
USER EXPRESSLY AGREES THAT USE OF EXCEL ASSISTANCE INTERACTIVE IS AT USER'S SOLE RISK. NEITHER EXCEL ASSISTANCE, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT EXCEL ASSISTANCE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF EXCEL ASSISTANCE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH EXCEL ASSISTANCE.

EXCEL ASSISTANCE IS PROVIDED ON AN "AS IS" BASIS; TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEL ASSISTANCE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, EXCEL ASSISTANCE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT EXCEL ASSISTANCE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

IN NO EVENT WILL EXCEL ASSISTANCE, OR ANY PERSON OR ENTITY INVOLVED IN USE OF A EXCEL ASSISTANCE AUCTION, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE EXCEL ASSISTANCE. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON EXCEL ASSISTANCE.

IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, EXCEL ASSISTANCE, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED EXCEL ASSISTANCE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, EXCEL ASSISTANCE, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.

Disclaimer of Warranty and Limitation of Liability regarding Purchases from Excel Assistance.
All new products are sold with the manufacturer's limited warranty only. Excel Assistance warrants solely that the products sold to user under these terms shall have the characteristics specified in Excel Assistance's specifications for such Products as set forth in the description of each auction and assumes no further warranties. The warranty period and service varies by manufacturer and product. The full text of any such warranty is available, free of charge, upon written request mailed to Excel Assistance. Warranty is excluded for the delivery of any used products.

EXCEPT FOR THE WARRANTIES SET FORTH ABOVE EXCEL ASSISTANCE MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY EXCEL ASSISTANCE OR ANY OF ITS AGENTS OR SUBCONTRACTORS IN CONNECTION WITH ANY ORDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WHICH OTHER WARRANTIES ARE EXPRESSLY EXCLUDED AND DISCLAIMED.

EXCEL ASSISTANCE SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE IMPROPER HANDLING, MODIFICATION, MISUSE OF THE PRODUCTS BY THE CUSTOMER OR ANY OTHER PERSON FOLLOWING DELIVERY BY EXCEL ASSISTANCE. IN NO EVENT SHALL EXCEL ASSISTANCE BE LIABLE TO ANY PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR GOODWILL, LOSS-OF-USE DAMAGES OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT OR OTHERWISE AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE.

Trademarks
Excel Assistance logo IS trademarks of Excel Assistance. and any of its subsidiaries. All rights reserved. All other trademarks appearing on Excel Assistance are the property of their respective owners.

Service and Support for Products Purchased
All requests for technical service and support should be made directly to the provider in accordance with their terms and conditions.

Applicable Law / Severability Clause
This Terms of Use Agreement and your use of the website shall be governed by the laws of the United States of America and the State of Texas without regard to its conflicts of laws principles. Any legal action or proceeding related to this website shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Texas.

Privacy
The protection of your data is very important to us. We assure you that we will use your e-mail address with your express consent only for the purposes stated in the Terms of Use. We will not rent or sell your e-mail address to third parties, and we will prevent your e-mail address from being recorded by "web crawlers" or "web spiders" to the best of our ability. If you believe that your e-mail address has been recorded in this way, please let us know immediately. In addition, we may collect and store the following personal information:

• email address and physical contact information including but not limited to your name, address, date of birth and telephone number;
• all transactional information based on your activities on Excel Assistance;
• shipping, billing and other information relating to any purchase or shipping;
• any correspondence sent to us;
• financial information, such as your credit card information; and
• other supplemental information from third parties.

Use of Data
Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience. You agree that we may use your personal information to:

• provide the services and customer support you request;
• resolve disputes, collect fees, and troubleshoot problems;
• prevent potentially prohibited or illegal activities, and enforce our Terms and Conditions;
• customize, measure and improve our services, content and advertising;
• inform you about our services, targeted marketing, service updates, and promotional offers; and
• compare information for accuracy, and verify it with third parties.

Disclosure of Personal Data
We may disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone's rights, property, or safety. Such information will be disclosed in accordance with applicable laws and regulations.

The Use of Cookies at our Website
Excel Assistance uses so-called "cookies", which are files that are stored on your computer that can be retrieved to assist in customizing your experience with the online service. The information saved supports the functionality of the site, for example by keeping track of your visual preferences or controlling the frequency of "pop-up" windows. You are free to prevent cookies from being saved on your hard drive by adjusting the corresponding settings in your browser. However, we would like to point out that turning off these settings may result in limited functionality.

External Links
Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. Despite conducting careful checks, we assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We hereby expressly distance ourselves from all content of any and all websites linked to the Excel Assistance website. We cannot take any responsibility for the content of the data protection and privacy guidelines of third-party websites.

General
The contract between Excel Assistance and users is binding on the parties and on their respective successors and assigns. The user may not transfer, assign, charge or otherwise dispose of any contract formed under these General Terms and Conditions or any of their rights or obligations without Excel Assistance's prior written consent. Excel Assistance has the right to revise and amend these General Terms and Conditions from time to time in its absolute discretion but for reasons including but not limited to changes in market conditions affecting Excel Assistance's business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Excel Assistance's system capabilities. All users will be subject to the policies and terms and conditions in force at the time that they have successfully bid for items listed on the Excel Assistance website, unless any change to such policies or terms and conditions is required to be made by law or governmental authority or Excel Assistance notifies its users of the changes to such policies or General Terms and Conditions before Excel Assistance sends information relating to dispatch (in which case Excel Assistance has the right to assume that all successful winners have accepted the changes to the terms and conditions unless notified to the contrary with 7 working days by the user of the items). We may amend this Privacy Policy at any time by posting the amended terms on this site.