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TERMS & CONDITIONS (EXCEL-WEST Office On the Internet TM)

   

EXCEL-WEST International owns and operates this Web site and the EXCEL-WEST Office On the Internet TM service. The Web site and the EXCEL-WEST Office On the Internet TM service offer certain content, information, products, services and features. The following documents set forth certain policies and legal information concerning the Web site, the EXCEL-WEST Office On the Internet TM service and your use of these.

Please note that EXCEL-WEST may update any of the following documents at any time. Users will be notified of updates to these documents through information on our Web sites, in our newsletters or as stated in the particular document in question. If you have any questions regarding the following information, you may contact us
.

    Security Policy

    The Security Policy explains our security and accessibility policies.

    Privacy Statement

    The Privacy Statement explains our information gathering and dissemination practices.

    Terms of Use

    The Terms of Use have to be accepted upon registering as a new user with EXCEL-WEST Office On the Internet TM.
     

    Customer Agreement

    The Customer Agreement takes effect upon becoming a paying customer. It is accepted by the customer during the purchase process of our products.

    Legal Disclaimer

    The Legal Disclaimer clarifies the terms and conditions under which information is provided on this Web site.

     

    SECURITY POLICY (EXCEL-WEST Office On the Internet TM)
     

    EXCEL-WEST International AB (hereinafter referred to as "EXCEL-WEST") has created this Security Policy in order to demonstrate our firm commitment to security. The following discloses our security and accessibility policies.

    Site certificate information
    EXCEL-WEST understands that the security of your personal information and business details is important to you. Whenever you submit personally identifiable or business identifiable information or transfer other information and documents to and from EXCEL-WEST Office On the Internet
    TM, you will be doing so through our secure servers.

    The EXCEL-WEST Office On the Internet
    TM service only allows secure browsers access to the system. The browser's "secure mode" is in place only when you are logged in to the system. You will be able to tell that you are in a secure mode when your browser displays a special icon on the lower bar of your browser window.

    Every secure page (i.e. every part of the user interface) on EXCEL-WEST Office On the Internet
    TM has been secured with a digital certificate by VeriSign, Inc. or a VeriSign partner. This is shown via the "site certificate" that is resident on all secure pages. To view this certificate, click on the image of the closed lock on the bottom bar of your browser window. A small frame displaying site security information will appear. This allows you to verify the site certification authority and that you are in fact on EXCEL-WEST Office On the Internet TM or a sub-domain of EXCEL-WEST Office On the Internet TM, e.g. OfficeOntheInternet.excel-west.com.

    User identification
    Only the members of a project place can see the project place and access its contents. Each user selects his/her own password for EXCEL-WEST Office On the Internet TM. The users' passwords are stored in a one-way encrypted format and are not accessible to employees of EXCEL-WEST.

    After entering the required registration information as a new user you will be able to access your user account immediately. The password is chosen directly as part of the registration process and not sent to you by any other means.

    If you have forgotten your password, or your password is not working for some reason, you can re-establish your identity with the system as follows:

    1. Go to OfficeOnTheInternet.
    2. Enter your registered e-mail address in the form and click "Request new password".
    3. Follow the instructions in the e-mail message that is sent to you (after step 2).

    A password system has been established to ensure that only you can access your personal information and project places. The acceptable minimum password length is 6 characters. We recommend that you use a random combination of letters, numbers, and cases to provide added protection (for instance: 'Hfg358mz' would be a good password).

    Each time you login to the system you will be required to authenticate your identity by entering your previously supplied e-mail address and password. Upon successful login, you are issued a unique "session id" (does not include any personally identifiable information) which allows you to remain active as long as actions are performed in the system at least once every 30 minutes, after which any further actions require you to re-enter your e-mail address and password. If an incorrect password is supplied, or if you simply forget your password, you may need to re-establish your identity following the instructions above.

    After an undisclosed number of unsuccessful login attempts, you will be locked out.

    Protection of information being transmitted
    We use encryption technology to ensure the safe transmission of your information and documents when logged into the system. Your browser provides security by allowing us to use Secure Socket Layer (SSL) encryption up to 128-bit key length encryption when transmitting information and documents. The number of bits of secret key length varies between 40 and 128 depending on your browser's capability. The highest available bit length is always used. All communication between your computer and EXCEL-WEST Office On the Internet TM is encrypted using SSL.

    Protection of stored information
    EXCEL-WEST takes many measures to protect client information while it is stored, including:

    • Utilizing a firewall to protect our server farm and stored information. A firewall is a barrier to unauthorized users to prevent access to our systems.
    • Monitoring system and application activity logs to identify any unusual activity, from authorized and/or unauthorized individuals accessing our systems and/or making changes to stored information, for investigation.
    • Housing the server farm in a highly secure building to provide additional protection against unauthorized access and changes to stored information.
    • All documents stored at EXCEL-WEST Office On the Internet TM are automatically encrypted with a unique key and saved anonymously in a secure database so that they cannot be identified. This means that not even persons with administrative rights to the servers' operating system can access documents at EXCEL-WEST Office On the Internet TM.
    • The system administration at EXCEL-WEST Office On the Internet TM has no functions allowing access to a client's project place. It is thus impossible for employees at EXCEL-WEST to access clients' documents. EXCEL-WEST has also taken special steps to ensure that only a few key people are aware of how the security system is designed and implemented.
    • All employees at EXCEL-WEST are bound by a confidentiality and non-disclosure agreement prohibiting access to and dissemination of information handled by the company's clients when using the EXCEL-WEST Office On the Internet TM Web service.

    In addition to client data, some personal information is stored in our databases and in browser cookies. For a complete list of what personal and demographic information is stored at EXCEL-WEST Office On the Internet TM we refer to our Privacy Statement, which is available at http://www.excel-west.com/Office On the Internet TM/terms.html#PRIVACY_STATEMENT

    Internet connection and server architecture
    The EXCEL-WEST Office On the Internet TM server farm consists of a range of redundant hardware components including:

    • Large bandwidth redundant Internet connections to one of the main Internet connection points and redundant routers with fail-over configuration.
    • Redundant firewalls with filters and fail-over configuration.
    • Application and Web servers in the form of several load-balanced multi-processor servers.
    • Redundant database cluster configuration.
    • Database server mirrored in a fail-over server, which will take over if the main server is interrupted.
    • LAN with redundant network switches and fail-over configuration.
    • Highly secure computer facilities with cooling systems, UPS, backup systems and fire protection.

    Backup routines
    EXCEL-WEST has implemented the following backup routines:

    • The database servers' RAID- system is mirrored every five minutes.
    • All backups are encrypted.
    • A differential backup that saves changes made to files over the last 24 hours is performed every day. The backup is made on alternating tapes so as to prevent faults arising in them.
    • A complete backup is performed weekly.
    • The backup medium is transferred at regular intervals (once a week) to an off-site long-term storage facility.
    • The encryption of the client's information is retained whenever backups are performed.
    • EXCEL-WEST has implemented routines for restoring backed up data.

    Accessibility
     

    • EXCEL-WEST undertakes to provide the customer with access to the EXCEL-WEST Office On the Internet TM service as specified in detail in the Terms of Use, which is available at http://www.excel-west.com/useragreement.html and as set forth from time to time on EXCEL-WEST's web sites. In the event of any conflict between this policy, the information on EXCEL-WEST's web sites and that which is stated on the aforementioned Terms of Use, the Terms of Use shall take precedence.
    • EXCEL-WEST undertakes to adopt reasonable measures in order to ensure that the EXCEL-WEST Office On the Internet TM service is available over the Internet around the clock, seven days a week. EXCEL-WEST shall be entitled to take measures that affect the aforementioned accessibility where EXCEL-WEST deems such to be necessary for technical, maintenance, operational, or security reasons.
    • The customer shall be aware and acknowledges that the customer's access to the Internet cannot be guaranteed and that EXCEL-WEST shall not be liable for deficiencies in the customer's own Internet connections.
    • In the event of defects or deficiencies attributable to EXCEL-WEST, EXCEL-WEST undertakes to act to rectify such defect without unreasonable delay. In the absence of intent or gross negligence by EXCEL-WEST, EXCEL-WEST otherwise assumes no responsibility for defects or deficiencies in the EXCEL-WEST Office On the Internet TM service. Error notification must be given by the customer in accordance with the instructions announced by EXCEL-WEST from time to time and within a reasonable time of the discovery of the defect.

    External security audits
    External security experts perform security audits on a regular basis. A copy of the certificate issued after the most recent security audit can be provided upon request.

    Changes in this policy
    EXCEL-WEST reserves the right to modify or amend this Security Policy at any time and for any reason. Users will be notified about changes in the Security Policy via our web sites and newsletters.

    Additional information
    Additional security information is available at http://www.excel-west.com/useragreement.html#SECURITY POLICY.
    Additional information on the terms of use is available at http://www.excel-west.com/useragreement.html.

    Contact information
    If you have any questions about this Security Policy or any other inquiries, you can contact:

    EXCEL-WEST
    2021 Gayle Way
    Carlsbad, CA 92008
    USA
    (888) 317-9300
    info AT excel-west.com

     

    ----------------------------------------

    PRIVACY STATEMENT (EXCEL-WEST Office On the Internet TM)

    EXCEL-WEST International AB (hereinafter referred to as "EXCEL-WEST") has created this Privacy Statement in order to demonstrate our firm commitment to privacy. The following discloses our information gathering and dissemination practices.

    Personal information and Information sharing
    For each visit to our login page we automatically recognize your IP address, domain and Web browser. This information is not used to personally identify you. We use your IP address to help diagnose possible problems with our server farm and Internet connection. We do not sell or market this information to any third party. We do however, on occasion, aggregate this information internally and analyze it to help improve the performance of our service.

    During the registration/sign-up process, you provide us with personally identifiable information such as name, email address, etc. This information is used primarily to identify you in our service, which is necessary for the login process. The individual user account is based on e-mail addresses. We do not share this information with anyone, nor do we sell or market this information to any third party. Users may opt-out of receiving mailings and other promotional material; see the choice/opt-out section below. EXCEL-WEST reserves the right to use the registered information for CRM, sales and marketing activities unless the user has chosen to opt-out.

    Once you are logged in to the service you may enter personal information in your preferences, such as name, title, company or organization, postal address, phone and fax numbers, etc. This information is only shared with the people you choose to share it with within a project and is visible to us on your user account. We do not share this information with anyone, nor do we sell or market this information to any third party.

    In the purchase process, you provide us with personally identifiable information such as name, email address, postal address and phone number, etc. This information is used primarily for billing purposes, and to contact you in the case that a problem should occur with your account. This information is shared in discretion and under nondisclosure agreements with our billing partners, which is necessary since we have chosen to outsource invoicing, collection of receivables and credit card payments to partners. We do not market or sell this information to any third party and the partners of EXCEL-WEST will under no circumstances contact the users registered in our system for their own purposes. The information is collected and owned by EXCEL-WEST only.

    It is clearly indicated on our web sites if information is optional or mandatory. By registering optional information the user may benefit e.g. by receiving additional user guidelines and manuals via post, or faster support reply via telephone, mobile phone or fax.

    Our service contains links to other sites. EXCEL-WEST International AB is not responsible for the privacy practices or the content of such Web sites.

    Cookies
    We use cookies to save your email address and language preference so you don't have to re-enter it each time you visit our service. Cookies are also used for the duration you are logged in to store session information. Please note that our service requires the use of cookies for the login procedure, so you cannot use the service if you set your browser to reject cookies.

    Security
    We recognize the importance our customers place on security. We exercise great care to see to that any information you enter or upload to your account is handled in a secure manner. Therefore, all communication between your computer and our servers is encrypted using SSL encryption technology. Furthermore, any document you upload to your account is securely transmitted (using SSL) and is then stored in an encrypted format.

    This service has security measures in place to protect the loss, misuse and alteration of the information under our control. Internally, we restrict access to personally identifiable information to employees who need access to the information to do their job. All employees have to execute comprehensive nondisclosure agreements with us. Employees are not allowed to access your project data or uploaded documents. In fact, our extensive encryption procedures effectively prevents anyone (including our employees) to access this information. This information can only be accessed by the people you choose to share it with within a project. Backups of user and project data are scheduled on a regular basis and these backups are stored encrypted and safely locked up. For further information on the security of EXCEL-WEST Office On the Internet TM we refer to our Security policy, which is available at http://www.excel-west.com/useragreement.html#SECURITY POLICY

    Choice/Opt-Out
    Our service provides users the opportunity to opt-out of receiving communications from us at the point of registration/sign-up for the service and also anytime when logged in by modifying user options. To modify your user options, go to your personal Preferences by clicking on the Preferences icon in the sidebar, and then the Options tab.

    Registered users who have not chosen to opt-out will receive periodical newsletters regarding our service. We may also use the information provided to contact the users for customer surveys or CRM, sales and marketing contacts.

    Change/Modify
    To change or modify any of the information provided in your user account, login to the service using your email address and your password. Go to your personal Preferences by clicking on the Personal icon in the sidebar. You can modify your profile by clicking on the Personal preferences icon and updating the fields under the different tabs displayed at the top.

    To change or modify any of the information provided in your project account (project owners/administrators only), login to the service using your email address and your password. Go to the project and click on the Administration icon. You can modify the project account information by updating the fields under the different tabs displayed at the top.

    Deactivate
    This service gives users the opportunity to remove their information from our database, to not receive future communications or to no longer receive our service by logging into the service and removing the user account.

    Changes in this policy
    EXCEL-WEST reserves the right to modify or amend this Privacy Statement at any time and for any reason. Users will be notified about changes in the Privacy Statement via our web sites and newsletters.

    Additional information
    Additional security information is available at http://www.excel-west.com/useragreement.html#SECURITY POLICY.
    Additional information on the terms of use is available at http://www.EXCEL-WEST.com/useragreement.html

    Contact information
    If you have any questions about this Privacy Statement, the practices of this site, or your dealings with this Web site, you can contact:

    EXCEL-WEST
    2021 Gayle Way
    Carlsbad, CA 92008
    USA
    (888) 317-9300
    info AT excel-west.com
     

    --------------------------------------------

    TERMS OF USE (EXCEL-WEST Office On the Internet TM)

    By completing the user registration form (creating a user account) you agree to be bound by the following terms and conditions ("Terms of Use").


    1 Definitions

    1.1 "User" means the individual who registers a user account and gains access to the Services provided by EXCEL-WEST.

    1.2 "Workspace" means a single service with a defined set of subscription terms and limited group of Users who are authorized to access the service.

    1.3 "Services" means the web services, all the User's Workspaces, associated software, and other services related thereto provided to the User by EXCEL-WEST in accordance with this agreement and with the characteristics and features as described at www.excel-west.com from time to time.

    1.4 "Trial Service" means a Workspace or Service, provided free of charge, which is under development or evaluation and is marked "trial", "demo", "free" or "evaluation" (or a similar designation).

    1.5 "Content" means all visual, written or audible data, information or material including, without limitation: documents, spreadsheets, text messages, form entries, web pages, and similar material, which are uploaded to, transferred through, publicly posted, processed or entered into the Services by the User.

    1.6 "Web Site" means EXCEL-WEST's web site at www.excel-west.com and www.excel-west.com/Office On the Internet TM.

    1.7 "Employer" means the legal entity entitled to ownership of the e-mail address used by the User upon registering and to which the User is associated through an employment relationship, consulting arrangement or similar circumstances. Employer shall not mean an Internet Service Provider (ISP) or similar provider even though such provider may be entitled to ownership of the e-mail address utilized by the User.


    2 Services and License Grant

    2.1 Subject to the terms and conditions of this agreement, EXCEL-WEST hereby grants to the User a non-transferable, non-exclusive, non-sublicensable limited term right and license for the User to access and use the Services.

    2.2 EXCEL-WEST reserves the right to effect modifications to the design, operational method, technical specifications, systems, and other functions, etc. of the Services, at any time without prior notice.

    2.3 The Services are normally available over the Internet around the clock. EXCEL-WEST shall be entitled to take measures that affect the aforementioned accessibility where EXCEL-WEST deems such to be necessary for technical, maintenance, operational, or security reasons. The User is also aware and acknowledges that the User's access to the Internet cannot be guaranteed and that EXCEL-WEST shall not be liable for deficiencies in the User's own Internet connections or equipment.

    2.4 The User may grant other individuals access to the User's Workspaces.

    2.5 EXCEL-WEST shall be entitled to retain subcontractors for the performance of obligations in accordance with this agreement. EXCEL-WEST shall be liable for the subcontractors' work and services in the same manner as for its own work and services.

    2.6 In the event the User enters into this agreement and creates a user account using an e-mail address belonging to an Employer, such user account may be or may later become subject to additional terms and conditions resulting from the Employer's existing or future business relation with EXCEL-WEST. The user is aware of and acknowledges that the Employer, in such event, may effectuate actions that could change the nature of the Services provided to the User or impose access restrictions on the User's access to the Services. Such actions may include, without limitation, administrative actions by the Employer, instructions issued by the Employer to EXCEL-WEST and actions due to a discontinuation of an employment or consulting relationship with the User.


    3 Trial Services

    3.1 Trial Services are provided strictly "as is". The User may use a Trial Service in a manner consistent with the terms and conditions of this agreement, but EXCEL-WEST may, at its own discretion, disable certain features of a Trial Service and enforce time limits on the User's right to use the same. In light of the fact that a Trial Service is provided free of charge, EXCEL-WEST disclaims all warranties as set forth in this agreement and EXCEL-WEST shall not be liable for any damages related to the User's use of a Trial Service.


    4 User Obligations

    4.1 The User shall comply with the security and administrative regulations as notified in conjunction with registration, by e-mail or in any other manner. The regulations are also available on the Web Site.

    4.2 The User undertakes, in conjunction with registration, to provide correct information regarding the User's identity and a correct and legitimate e-mail address.

    4.3 The User shall be responsible for the activities conducted through use of the Services and shall ensure compliance with national laws in conjunction therewith. All Content uploaded to, transferred through, publicly posted, processed or entered into the Services by the User shall be the sole responsibility of the User.

    4.4 The User shall be responsible for monitoring its Workspaces and shall be liable vis--vis EXCEL-WEST for ensuring that Content transferred to or handled within the Services which is processed by the User and/or individuals invited by the User does not infringe any third party rights nor in any other manner violates governing legislation, and that the User possesses such necessary licences from third parties as may be required in order to process the Content/use the Services.

    4.5 The User undertakes to use the Services in such a manner that such use does not prevent or disrupt other computer communications or mobile telephone communications or prevent or disrupt the equipment employed in order to provide and use the Services.

    4.6 The User is aware and acknowledges that it is not permitted use the Services in order to gain material in violation of law or material which in any manner contravenes generally accepted practices.

    4.7 The User undertakes not to use the Services in order to obtain material which per se or if sent to another party might injure the reputation of a third party, or in any manner which may result in the infringement of any third party's copyright, or which constitutes a dissemination of business secret, or may incite a third party to commit or participate in a crime, or may be understood as constituting a threat, or to use the Services in any other manner incompatible with the purpose thereof.

    4.8 The User undertakes not to provide access to the Services to anyone else than individuals who have completed the registration form and thereby agreed to the Terms of Use.

    4.9 The User is obligated to notify EXCEL-WEST regarding any suspected breach of these provisions.


    5 Ownership

    5.1 EXCEL-WEST shall hold title to all intellectual property rights and technical solutions or, in the alternative, shall possess a sole right to use the same. Such intellectual property rights and technical solutions may only be used by the User in the manner stated in this agreement. Under no circumstances shall the User or a third party acquire any intellectual property rights to the Services or to the software or technical solutions used in the Services, or to any trademark or any other business mark belonging to or used by EXCEL-WEST. Access to the Services is licensed, not sold.

    5.2 All Content uploaded to, transferred through, publicly posted, processed or entered into the Services by the User shall remain the sole property of the User or its respective legal owner. EXCEL-WEST shall have no liability for such Content.


    6 Personal Data, Privacy

    6.1 In order for the User to be able to use the Services, the User must provide certain data to EXCEL-WEST, including but not limited to full name, e-mail address and contact details. In the event the User registers a user account following an invitation from another User or customer to EXCEL-WEST, such information may also have been provided to EXCEL-WEST by the inviting User or customer to EXCEL-WEST. Following receipt of such data, EXCEL-WEST will process the same using automatic data processing in order to enable EXCEL-WEST to administer and otherwise perform its obligations within the scope of the Services and to ensure that unauthorized persons do not gain access to the Services. As provided in section 11, "Confidentiality", EXCEL-WEST will not disclose to any third party any personal information pertaining to the User. Upon request, the User has the right to access the personal data related to the User. The User also has the right and the obligation to rectify such data. Further information may be obtained by contacting the data controller, EXCEL-WEST International AB, at the following address:

            EXCEL-WEST
            2021 Gayle Way
            Carlsbad, CA 92008
            USA
            (888) 317-9300
            info AT excel-west.com

    6.2 In addition, in order for the User to be able to use the Services, the User must also allow EXCEL-WEST to store and retrieve session information on the User's end terminal equipment, through the use of "cookies". The purpose of such storage and retrieval of information is to enable the necessary login/logout procedures used in the Services and to ensure that unauthorized persons do not gain access to the Services.

    6.3 According to the Personal Data Act (1998:204), EXCEL-WEST must obtain the consent of the registered persons (i.e. the User) to the processing of the relevant personal data by EXCEL-WEST.

    6.4 According to the Electronic Communications Act (2003:389), EXCEL-WEST must obtain the consent of the registered persons (i.e. the User) to the purpose of storage and retrieval of information on the registered persons' end terminal equipment.

    6.5 By accepting this agreement, the User explicitly consents to (a) the collection and processing by EXCEL-WEST of personal data as described above, (b) the storage of such data until the user account is terminated by the User, and (c) the storage and retrieval of information on the User's end terminal equipment as described above.

    6.6 EXCEL-WEST shall adopt reasonable measures to protect the privacy of the User. EXCEL-WEST's information gathering and dissemination practices are set forth in the Privacy Statement applicable from time to time, which is available on the Web Site.


    7 Security, Passwords, etc.

    7.1 EXCEL-WEST shall not be responsible for loss or distortion of Content forwarded electronically in or through the Services where such is not due to the negligence or intentional acts of EXCEL-WEST.

    7.2 The User shall ensure that identities, passwords, and equivalent obtained by the User in conjunction with registration are stored and used in a secure manner and cannot be accessed and thereby used by third parties. The User shall be liable for any unauthorized use of the Services. EXCEL-WEST shall have no liability for any loss or damage arising from the User's failure to comply with these requirements.

    7.3 Where it is suspected that any unauthorized person has become aware of the user identity and/or password, the User shall immediately inform EXCEL-WEST thereof.

    7.4 The User shall be liable for losses or damage incurred by EXCEL-WEST where the User intentionally or negligently reveals the user identity/password to a third party or where the user identity and password otherwise become known to an unauthorized party, unless the User notifies EXCEL-WEST immediately upon suspicion that such has occurred.

    7.5 After EXCEL-WEST has been notified of a suspicion that an unauthorized person has become aware of the user identity/password, the User shall be liable for EXCEL-WEST's acts or omissions only where the User has acted with intent or gross negligence.

    7.6 EXCEL-WEST shall adopt reasonable measures to ensure that the security of the Services meet relevant industry standards. EXCEL-WEST's security measures are set forth in the Security Policy as applicable from time to time, which is available on the Web Site.


    8 No Warranty

    8.1 To the extent permitted by law, EXCEL-WEST expressly disclaims all warranties with respect to the Services, whether express or implied, including without limitation, fitness for a particular purpose, accuracy or reliability of results from use of the Services, that the Services will meet specific requirements, that the Services will be uninterrupted, completely secure, free of software errors, or that defects and deficiencies in the Services will be corrected.


    9 Limitation of Liability

    9.1 The User shall not be entitled to damages or other remedies in the event of disruption of operations or errors that impede Internet data communications.

    9.2 In the event third-party claims are brought against EXCEL-WEST as a result of the use of the Services, the User shall hold EXCEL-WEST harmless in respect of such claims.

    9.3 EXCEL-WEST shall not be liable to the User in the event of distortion or loss of data or other defects or deficiencies in provided Services that are due to EXCEL-WEST. Errors must be notified by the User in accordance with EXCEL-WEST's instructions as issued from time to time.

    9.4 EXCEL-WEST's liability in accordance with this agreement is limited to Zero 0 (nil). Under no circumstances shall EXCEL-WEST be liable for direct or indirect losses, loss of profits or anticipated savings, loss of revenue, loss of data, or claims for compensation from third parties.


    10 Force Majeure

    10.1 EXCEL-WEST shall be released from liability in damages and other sanctions where the User's access to the Services is prevented or rendered materially more onerous due to circumstances beyond EXCEL-WEST's control and which it could not have reasonably foreseen. Such force majeure events include, inter alia, labour conflicts, lightning, fire, decisions of public authorities or other public regulations, errors in another operator's network, delays in services from subcontractors due to events as stated above, general scarcity of transport, goods, or energy, or other similar circumstances.


    11 Confidentiality, etc.

    11.1 EXCEL-WEST undertakes not to disclose to any third party, or otherwise make available, information received by EXCEL-WEST from the User within the scope of this agreement. "Third party" in this section shall not mean the Users who have access to the same Workspace, unless the Users' authorization and access to the Workspace is specifically restricted by the User. This confidentiality obligation shall not apply to such information as EXCEL-WEST can demonstrate became known to EXCEL-WEST other than pursuant to this agreement or which is in the public domain. Nor shall the duty of confidentiality apply where a party is obligated to provide information pursuant to legal provisions, public authority regulations or court orders. The duty of confidentiality shall remain in force notwithstanding the termination of this agreement.

    11.2 EXCEL-WEST shall be entitled to review Content which is publicly posted through the Services' web publication features. EXCEL-WEST also reserves the right to analyze usage patterns in an aggregated form.

    11.3 Except for Content mentioned above and other than pursuant to the User's instructions, legal provisions, public authority regulations or court orders, EXCEL-WEST shall not be entitled to review Content processed by the User via the Services.


    12 Amendments

    12.1 EXCEL-WEST reserves the right to amend the terms and conditions of this agreement at any time without prior notice. The User shall be informed of such amendments by e-mail or through the information being made available on the Web Site.


    13 Term of agreement and Termination, etc.

    13.1 This agreement shall enter into force upon acceptance by the User of these terms and conditions through execution of this agreement online in conjunction with registration. This agreement shall remain in force for an indefinite term until such time that all Workspaces and the user account are closed.

    13.2 Upon termination of a Workspace or this agreement, EXCEL-WEST shall not be responsible for the Content generated within the scope of the Workspace in question or the Services. Accordingly, the User must ensure that the User possesses the necessary back-up copies, etc. of the Content that the User desires to retain.

    13.3 Upon the active termination of a Workspace by the User, EXCEL-WEST shall be entitled to immediately delete and destroy all Content within the scope of the Workspace. In the event of expiration of the subscription term of a Workspace and in the absence of the User's renewal of the same, EXCEL-WEST shall be entitled to delete and destroy such Content thirty (30) calendar days following the expiration date.

    13.4 Upon termination of a Workspace or this agreement for any reason, EXCEL-WEST shall be entitled to and undertakes to permanently delete and destroy all copies of the User's Content related thereto within a timeframe reasonable relating to the back-up and administrative procedures applied by EXCEL-WEST from time to time.

    13.5 Sections 9 and 11 shall survive any termination of this agreement.


    14 Access Restrictions, Premature Termination

    14.1 EXCEL-WEST shall be entitled, with immediate effect, to disable the User's access to a Workspace or to the Services or to prematurely terminate this agreement where: (a) the User uses the Services in a manner that entails the perpetration of a crime; (b) the User uses the Services in a manner that occasions losses or the risk of loss for EXCEL-WEST or any third party; (c) the User uses the Services in a manner that violates EXCEL-WEST's security or administrative regulations; (d) it may be reasonably assumed that continued dissemination of Content violates governing law; (e) the User uses the Services in a manner whereby the User utilizes resources or seeks unauthorized access to EXCEL-WEST's systems which are not intended for the User; or (f) the User otherwise fails to comply with the above and such breach of contract is material.


    15 Assignment

    15.1 EXCEL-WEST shall be entitled, in whole or in part, to assign its rights and obligations under this agreement to a company within the same de jure or de facto group of companies as EXCEL-WEST without the User's prior consent.

    15.2 The User shall not be entitled to assign his/her rights or obligations under this agreement.


    16 General Provisions

    16.1 This agreement has been prepared in the English language and the same shall be controlling in all respects. Any non-English versions of this agreement are provided solely for accommodation purposes.

    16.2 If any provision of this agreement is declared unenforceable for any reason, the remainder of this agreement will continue in full force and effect, and the unenforceable provision shall be amended to the extent possible and permitted by law to achieve as nearly as possible the same intent and economic effect as the original provision.


    17 Governing Law and Disputes

    17.1 This agreement and the ensuing relationship between EXCEL-WEST and the User shall be construed in accordance with, and governed by, the laws of Sweden.

    17.2
    All disputes relating to this Agreement shall be adjudicated in the courts of the State of California, located in the City of Los Angeles, and in the courts of United States located in Los Angeles, California to the exclusion of any other jurisdiction.
     

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    CUSTOMER AGREEMENT (EXCEL-WEST Office On the Internet TM)

    This Agreement governs the obligations and rights of the Customer and EXCEL-WEST International AB (hereinafter referred to as "EXCEL-WEST"). The signatory to this Agreement is hereby admonished that he/she is responsible for ensuring that authorization exists to bind the Customer through such execution.


    1 Definitions

    1.1 "Customer" means the individual or the legal entity who activates Services provided by EXCEL-WEST and assumes payment responsibility for the same vis--vis EXCEL-WEST.

    1.2 "User" means the individual (i.e. an employee of the Customer or a third party) who, following an invitation from the Customer, gains access to the Services.

    1.3 "Workspace" means a single service with a defined set of subscription terms and limited group of Users who are authorized to access the service.

    1.4 "Services" means the web services, all the Customer's Workspaces, associated software, and other services related thereto provided to the Customer by EXCEL-WEST in accordance with this Agreement and with the characteristics and features as described at www.excel-west.com from time to time.

    1.5 "Trial Service" means a Workspace or Service, provided free of charge, which is under development or evaluation and is marked "trial", "demo", "free" or "evaluation" (or a similar designation).

    1.6 "Content" means all visual, written or audible data, information or material including, without limitation: documents, spreadsheets, text messages, form entries, web pages, and similar material, which are uploaded to, transferred through, publicly posted, processed or entered into the Services by the Customer or the Users.

    1.7 "Web Site" means EXCEL-WEST's web site at www.excel-west.com and www.excel-west.com/Office On the Internet TM .

    1.8 "Terms of Use" means the terms and conditions, available at the Web Site, that all Users agree to by completing the user registration form (creating a user account).


    2 Services and License Grant

    2.1 Subject to the terms and conditions of this Agreement, EXCEL-WEST hereby grants to the Customer a non-transferable, non-exclusive, non-sublicensable limited term right and license for the Customer and Users to access and use the Services.

    2.2 EXCEL-WEST reserves the right to effect modifications to the design, operational method, technical specifications, systems, and other functions, etc. of the Services, at any time without prior notice.

    2.3 EXCEL-WEST undertakes to adopt reasonable measures in order to ensure that the Services are available over the Internet around the clock, seven days a week. EXCEL-WEST shall be entitled to take measures that affect the aforementioned accessibility where EXCEL-WEST deems such to be necessary for technical, maintenance, operational, or security reasons. The Customer is also aware and acknowledges that the Customer's access to the Internet cannot be guaranteed and that EXCEL-WEST shall not be liable for deficiencies in the Customer's own Internet connections or equipment.

    2.4 The Customer shall be entitled, with or without compensation from other Users, to provide them with access to the Customer's Workspaces and the Services provided by EXCEL-WEST. The Customer is aware and acknowledges that the Customer is liable for the Users to whom the Customer affords access to the Services. The Customer undertakes not to charge a User any fee for its use of the Services in excess of the Customer's direct costs to EXCEL-WEST for the User's participation.

    2.5 The Customer shall be entitled to assign a Workspace to a third party provided that written documentation is presented evidencing that the third party approves the assignment and that the new party accepts the terms and conditions of this Agreement. In the event the new party fails to fulfill its obligations to EXCEL-WEST pursuant to this Agreement, the Customer shall bear primary liability for the performance of such obligations.

    2.6 EXCEL-WEST shall be entitled to retain subcontractors for the performance of obligations in accordance with this Agreement. EXCEL-WEST shall be liable for the subcontractors' work and services in the same manner as for its own work and services.


    3 Trial Services

    3.1 Trial Services are provided strictly "as is". The Customer may use a Trial Service in a manner consistent with the terms and conditions of this Agreement, but EXCEL-WEST may, at its own discretion, disable certain features of a Trial Service and enforce time limits on the Customer's right to use the same. In light of the fact that a Trial Service is provided free of charge, EXCEL-WEST disclaims all warranties as set forth in this Agreement and EXCEL-WEST shall not be liable for any damages related to the Customer's use of a Trial Service.


    4 Customer Obligations

    4.1 The Customer shall comply with the security and administrative regulations as notified in conjunction with registration, by e-mail or in any other manner. The regulations are also available on the Web Site. The Customer shall also be responsible for notifying Users regarding the regulations.

    4.2 The Customer shall ensure that all details provided regarding the Customer's contact information, billing information and credit card information, where applicable, are correct and undertakes to update such information regularly.

    4.3 The Customer shall be responsible for the activities conducted by the Customer within the Services and shall ensure compliance with national laws in conjunction therewith. All Content uploaded to, transferred through, publicly posted, processed or entered into the Services by the Customer and/or Users shall be the sole responsibility of the Customer.

    4.4 The Customer shall be responsible for monitoring its Workspaces and shall be liable vis--vis EXCEL-WEST for ensuring that Content transferred to or handled within the Services which is processed by the Customer and/or Users does not infringe any third party rights nor in any other manner violates governing legislation, and that the Customer and Users possess such necessary licenses from third parties as may be required in order to process the Content/use the Services.

    4.5 The Customer undertakes to use the Services in such a manner that such use does not prevent or disrupt other computer communications or mobile telephone communications or prevent or disrupt the equipment employed in order to provide and use the Services.

    4.6 The Customer is aware and acknowledges that it is not permitted use the Services in order to gain material in violation of law or material which in any manner contravenes generally accepted practices.

    4.7 The Customer undertakes not to use the Services in order to obtain material which per se or if sent to another party might injure the reputation of a third party, or in any manner which may result in the infringement of any third party's copyright, or which constitutes a dissemination of business secret, or may incite a third party to commit or participate in a crime, or may be understood as constituting a threat, or to use the Services in any other manner incompatible with the purpose thereof.

    4.8 The Customer undertakes not to provide access to the Services to anyone else than Users who have completed the registration form and thereby agreed to the Terms of Use.

    4.9 The Customer undertakes, as primary guarantor, to perform all of the Users' obligations or to ensure that Users perform their obligations towards EXCEL-WEST. To the extent the Customer is unable to perform an obligation on behalf of a User or is unable to cause the User to perform the same, the Customer shall instead indemnify EXCEL-WEST insofar as EXCEL-WEST incurs any loss, provided that such loss is related to the non-performance by the User of its obligations to EXCEL-WEST.

    4.10 Furthermore, the Customer shall indemnify EXCEL-WEST for claims brought against EXCEL-WEST by Users and/or third parties that are connected to Content processed by Users/the Customer within the Services or for which the User/Customer is otherwise responsible, unless EXCEL-WEST is liable for such claim in accordance with the provisions of section 11, "Limitation of Liability", below.

    4.11 The Customer is obligated to notify EXCEL-WEST regarding any suspected breach of these provisions.


    5 Fees and Payment Terms

    5.1 The Customer shall pay compensation for the Services in accordance with the fees applied by EXCEL-WEST from time to time.

    5.2 All Services provided by EXCEL-WEST shall be debited to the Customer in advance for a selected period. Payment shall be made by the Customer against invoice or through use of a credit card approved by EXCEL-WEST. Payment must reach EXCEL-WEST in full within thirty (30) days of the issue date of the invoice or credit card charge. Penalty interest shall be payable according to law. EXCEL-WEST shall be entitled to charge a fee for any payment reminders and reserves the right to send the same via e-mail to an invoice reference provided by the Customer. The Customer shall be responsible for the reasonable costs incurred by EXCEL-WEST of collecting overdue fees.

    5.3 The Customer undertakes to make payment of invoices, in the currency stated on the invoice, into the account stated on the invoice.

    5.4 EXCEL-WEST may temporarily disable the Customer's and the Users' access to a Workspace or to the Services in the event the Customer has overdue payments in excess of twenty (20) days. In addition, EXCEL-WEST may terminate a Workspace, delete and destroy the Customer's Content and to immediately terminate this Agreement in the event of overdue payments in excess of fifty (50) days.

    5.5 In the event of early termination of a Workspace, the Services or the Agreement, the Customer shall not be entitled to a refund of any prepaid fees.


    6 Ownership

    6.1 EXCEL-WEST shall hold title to all intellectual property rights and technical solutions or, in the alternative, shall possess a sole right to use the same. Such intellectual property rights and technical solutions may only be used by the Customer in the manner stated in this Agreement. Under no circumstances shall the Customer or a third party acquire any intellectual property rights to the Services or to the software or technical solutions used in the Services, or to any trademark or any other business mark belonging to or used by EXCEL-WEST. Access to the Services is licensed, not sold.

    6.2 All Content uploaded to, transferred through, publicly posted, processed or entered into the Services by the Customer shall remain the sole property of the Customer or its respective legal owner. EXCEL-WEST shall have no liability for such Content.


    7 Customer Support

    7.1 EXCEL-WEST provides customer support by e-mail and telephone regarding Customers' enquiries of a simple nature in connection with use of the Services. Such support is provided on weekdays (excluding public holidays) during EXCEL-WEST's ordinary office hours and to the reasonable extent decided upon in detail by EXCEL-WEST.

    7.2 Enquiries and/or error notices must be submitted to EXCEL-WEST by e-mail or telephone in accordance with contact information available on the Web Site.


    8 Personal Data, Privacy

    8.1 In order for the Customer to be able to use the Services, the Customer must provide certain data to EXCEL-WEST regarding the Customer's representatives, including but not limited to full name, e-mail address, contact details and type of organization. Following receipt of such data, EXCEL-WEST will process the same using automatic data processing in order to enable EXCEL-WEST to administer and otherwise perform its obligations within the scope of the Services and to ensure that unauthorized persons do not gain access to the Services.

    8.2 In addition, in order for the Customer to be able to use the Services, the Customer must also allow EXCEL-WEST to store and retrieve session information on the Customer's representatives' end terminal equipment, through the use of "cookies". The purpose of such storage and retrieval of information is to enable the necessary login/logout procedures used in the Services and to ensure that unauthorized persons do not gain access to the Services.

    8.3 According to the Personal Data Act (1998:204), EXCEL-WEST, if necessary, shall obtain the consent of the Users (i.e. the Customer's representatives) to the processing of the relevant personal data by EXCEL-WEST. EXCEL-WEST is also obligated to provide information to the Users regarding the processing. The relevant provisions in this respect appear in the Terms of Use.

    8.4 According to the Electronic Communications Act (2003:389), EXCEL-WEST, if necessary, shall obtain the consent of the Users (i.e. the Customer's representatives) to the purpose of storage and retrieval of information on the Users' end terminal equipment. The relevant provisions in this respect appear in the Terms of Use.

    8.5 The Customer is aware of and acknowledges that EXCEL-WEST will obtain the consent of the Users (i.e. the Customer's representatives) according to sections 8.1 - 8.4 above.

    8.6 EXCEL-WEST shall adopt reasonable measures to protect the privacy of the Customer and its Users. EXCEL-WEST's information gathering and dissemination practices are set forth in the Privacy Statement applicable from time to time, which is available on the Web Site.


    9 Security, Passwords, etc.

    9.1 EXCEL-WEST shall not be responsible for loss or distortion of Content forwarded electronically in or through the Services where such is not due to the negligence or intentional acts of EXCEL-WEST.

    9.2 The Customer shall ensure that identities, passwords, and equivalent obtained by the Customer in conjunction with registration are stored and used in a secure manner and cannot be accessed and thereby used by third parties. The Customer shall be liable for any unauthorized use of the Services. EXCEL-WEST shall have no liability for any loss or damage arising from the Customer's failure to comply with these requirements.

    9.3 Where it is suspected that any unauthorized person has become aware of a user identity and/or password, the Customer shall immediately inform EXCEL-WEST thereof.

    9.4 The Customer shall be liable for losses or damage incurred by EXCEL-WEST where the Customer intentionally or negligently reveals a user identity/password to a third party or where a user identity and password otherwise become known to an unauthorized party, unless the Customer notifies EXCEL-WEST immediately upon suspicion that such has occurred.

    9.5 After EXCEL-WEST has been notified of a suspicion that an unauthorized person has become aware of a user identity/password, the Customer shall be liable for EXCEL-WEST's acts or omissions only where the Customer has acted with intent or gross negligence.

    9.6 EXCEL-WEST shall adopt reasonable measures to ensure that the security of the Services meet relevant industry standards. EXCEL-WEST's security measures are set forth in the Security Policy as applicable from time to time, which is available on the Web Site.


    10 Limited Warranty

    10.1 EXCEL-WEST warrants to the Customer that the Services will perform substantially and materially in accordance with its documentation available on the Web Site, under normal use and circumstances, and for the purpose intended. This warrant does not apply to Trial Services.

    10.2 Except for the express warranties set forth above and to the extent permitted by law, EXCEL-WEST expressly disclaims all other warranties with respect to the Services, whether express or implied, including without limitation, fitness for a particular purpose, accuracy or reliability of results from use of the Services, that the Services will meet specific requirements, that the Services will be uninterrupted, completely secure, free of software errors, or that defects and deficiencies in the Services will be corrected.


    11 Limitation of Liability

    11.1 Subject to the limitations set forth in this Agreement, EXCEL-WEST shall be liable for losses resulting from EXCEL-WEST's negligence.

    11.2 In the event of major defects that seriously impede the Customer's use of the Services and that are attributable to EXCEL-WEST, EXCEL-WEST undertakes to act to rectify such defect without unreasonable delay. In the absence of intent or gross negligence by EXCEL-WEST, EXCEL-WEST otherwise assumes no responsibility for defects or deficiencies in the Services. Error notification must be given by the Customer in accordance with the instructions announced by EXCEL-WEST from time to time and within a reasonable time of the discovery of the defect.

    11.3 The Customer shall not be entitled to a reduction in payment, or to damages or other sanctions in the event of operational disruption or errors that impede data traffic that are not due to negligence by EXCEL-WEST.

    11.4 EXCEL-WEST's liability under this agreement shall be limited as follows. EXCEL-WEST's total liability in damages shall be limited to direct losses in an amount corresponding to the agreed fees paid by the Customer for the Services during the period of six (6) months immediately prior to the breach of contract that entitles the Customer to damages.

    11.5 In the absence of intent or gross negligence by EXCEL-WEST, under no circumstances shall EXCEL-WEST be liable for indirect losses, loss of profits or anticipated savings, loss of revenue, loss of data, or third party claims.

    11.6 The Customer may claim sanctions in accordance with the above only where the Customer provides EXCEL-WEST with notice thereof not later than 45 calendar days after the Customer knew, or should have been aware, of the grounds for the claim.


    12 Force Majeure

    12.1 A party shall be released from liability in damages and other sanctions where the performance of a specific obligation is prevented or rendered onerous due to circumstances beyond a party's control and which could not reasonably have been foreseen. Such force majeure events include, inter alia, labour conflicts, lightning, fire, decisions of public authorities or other public regulations, errors in another operator's network, delays in services from subcontractors due to events as stated above, general scarcity of transport, goods, or energy, or other similar circumstances.

    12.2 Where a party's performance is prevented for a period in excess of one (1) month due to an event as stated above, either party shall be entitled to terminate the Agreement in writing without any obligation to pay compensation.


    13 Confidentiality, etc.

    13.1 EXCEL-WEST undertakes not to disclose to any third party, or otherwise make available, information received by EXCEL-WEST from the Customer or Users within the scope of the Agreement. "Third party" in this section shall not mean the Customer or Users who have access to the same Workspace, unless the Users' authorisation and access to the Workspace is specifically restricted by the Customer. This confidentiality obligation shall not apply to such information as EXCEL-WEST can demonstrate became known to EXCEL-WEST other than pursuant to this Agreement or which is in the public domain. Nor shall the duty of confidentiality apply where a party is obligated to provide information pursuant to legal provisions, public authority regulations or court orders. The duty of confidentiality shall remain in force notwithstanding the termination of the Agreement.

    13.2 EXCEL-WEST shall be entitled to review Content which is publicly posted through the Services' web publication features. EXCEL-WEST also reserves the right to analyze usage patterns in an aggregated form.

    13.3 Except for Content mentioned above and other than pursuant to the Customer's instructions, legal provisions, public authority regulations or court orders, EXCEL-WEST shall not be entitled to review Content processed by the Customer via the Services.


    14 Amendments

    14.1 EXCEL-WEST reserves the right to amend the terms and conditions of this Agreement including, but not limited to, the fees charged by EXCEL-WEST from time to time. The Customer shall be informed of such amendments by e-mail or through the information being made available on the Web Site. The Customer shall be deemed to have received such notice within one (1) week of the notice being sent by e-mail or made available on the Web Site. Where the Customer does not accept the amendment, the Customer shall be entitled, within thirty (30) calendar days from the date of despatch of the e-mail or, where appropriate, thirty (30) calendar days from the amendment being published on the Web Site, to terminate the Agreement with immediate effect. Where the Agreement is not terminated by the Customer within the aforementioned time, the Customer shall be deemed to have accepted the new terms and conditions.


    15 Term of Agreement and Termination, etc.

    15.1 This Agreement shall enter into force upon the earlier of (a) acceptance by the Customer of these terms and conditions through execution of this Agreement online, or (b) acceptance by the Customer of these terms and conditions in an order form, parent agreement, or otherwise. This Agreement shall remain in force for an indefinite term subject to written notice of termination by either party. Such termination will be effective, provided that all accrued and/or prepaid fees are due in full, on the later of (a) the last day of the current subscription period of the Customer's last remaining Workspace, or (b) one (1) month after receipt from the other party.

    15.2 Upon termination of a Workspace or the Agreement, EXCEL-WEST shall not be responsible for the Content generated by the Users/Customer within the scope of the Workspace in question or the Services. Accordingly, the Customer must ensure that it possesses the necessary back-up copies, etc. of the Content that it desires to retain.

    15.3 Upon the active termination of a Workspace by the Customer, EXCEL-WEST shall be entitled to immediately delete and destroy all Content within the scope of the Workspace. In the event of expiration of the subscription term of a Workspace and in the absence of the Customer's renewal of the same, EXCEL-WEST shall be entitled to delete and destroy such Content thirty (30) calendar days following the expiration date.

    15.4 Upon termination of a Workspace or this Agreement for any reason, EXCEL-WEST shall be entitled to and undertakes to permanently delete and destroy all copies of the Customer's Content related thereto within a timeframe reasonable relating to the back-up and administrative procedures applied by EXCEL-WEST from time to time.

    15.5 Sections 11 and 13 shall survive any termination of this Agreement.


    16 Access Restrictions, Premature Termination


    16.1 EXCEL-WEST shall be entitled, with immediate effect, to disable the Customer's access to a Workspace or to the Services or to prematurely terminate the Agreement in writing where: (a) the Customer uses the Services in a manner that entails the perpetration of a crime; (b) the Customer uses the Services in a manner that occasions losses or the risk of loss for EXCEL-WEST or any third party; (c) the Customer uses the Services in a manner that violates EXCEL-WEST's security or administrative regulations; (d) it may be reasonably assumed that continued dissemination of Content violates governing law; (e) notwithstanding reminders, the Customer fails to pay agreed fees to EXCEL-WEST within a stated time; (f) the Customer uses the Services in a manner whereby the Customer utilizes resources or seeks unauthorized access to EXCEL-WEST's systems which are not intended for the Customer; (g) the Customer otherwise fails to comply with the above and such breach of contract is material; or (h) the Customer is placed into insolvent liquidation or is otherwise insolvent.

    16.2 The Customer shall be entitled to prematurely terminate the agreement in writing where: (a) operational disruptions or data traffic errors occur to such an extent that a User does not have access to the Services during a period in excess of one (1) month; (b) EXCEL-WEST is in material breach of its obligations under the Agreement and fails to effect rectification within fourteen (14) days of a demand therefore; or (c) EXCEL-WEST is placed into insolvent liquidation or is otherwise insolvent.


    17 Assignment


    17.1 EXCEL-WEST shall be entitled, in whole or in part, to assign its rights and obligations under the Agreement with the Customer to a company within the same de jure or de facto group of companies as EXCEL-WEST without the Customer's prior consent

    17.2 Save for the provisions of section 2.5, the Customer shall not be entitled to assign its rights or obligations under this Agreement without EXCEL-WEST's prior written consent. Where the Customer assigns its rights and obligations under this Agreement and the new party fails to perform its obligations, the Customer shall bear primary liability for the performance of such obligations.


    18 General Provisions

    18.1 This Agreement has been prepared in the English language and the same shall be controlling in all respects. Any non-English versions of this Agreement are provided solely for accommodation purposes.

    18.2 If any provision of this Agreement is declared unenforceable for any reason, the remainder of this Agreement will continue in full force and effect, and the unenforceable provision shall be amended to the extent possible and permitted by law to achieve as nearly as possible the same intent and economic effect as the original provision.


    19 Governing Law and Disputes

    19.1 This Agreement and the ensuing relationship between EXCEL-WEST and the Customer shall be construed in accordance with, and governed by, the laws of Sweden.

    19.2 In the event of any dispute relating to this Agreement, the parties agree to initially make a full and good faith attempt to resolve such dispute by negotiation at an executive level, to the extent reasonable under the circumstances, prior to commencing court proceedings.

    19.3 All disputes relating to this Agreement shall be adjudicated in the
    courts of the State of California, located in the City of Los Angeles, and in the courts of United States located in Los Angeles, California to the exclusion of any other jurisdiction.
     

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    LEGAL DISCLAIMER (EXCEL-WEST Office On the Internet TM)

    The purpose of this Web site is to provide users with information about the EXCEL-WEST Office On the Internet TM Portal Web service. Though we believe this information to be accurate at the time of its posting, there may be omissions or inaccuracies in this information.

    EXCEL-WEST is not responsible for any errors or omissions in the information contained in this Web site, or for the results obtained from the use of any information contained herein. All information in this Web site is provided "as is", with no guarantee of completeness, accuracy, timeliness, or of the results obtained from the use of this information. EXCEL-WEST makes no warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability or fitness for a particular purpose. EXCEL-WEST also makes no representations or warranties with respect to the accessibility or availability of the Web site to any user. In no event will EXCEL-WEST, its affiliated entities, or their officers, directors, partners or employees be liable to any party for any damages of any kind whatsoever, including consequential damages, arising from any use of or inability to use this Web site, or any information provided herein, or decision made or action taken in reliance upon such information, even if advised of the possibility of such damages.

    Certain links in this Web site connect to other Web sites maintained by third parties. EXCEL-WEST has no control over these Web sites or the information, or the goods or services provided by such third parties. EXCEL-WEST shall have no liability for any use or reliance of a user on these third party Web sites. EXCEL-WEST reserves the right to make changes and/or updates with respect to the information, products and services referred to in this Web site at anytime without notice.

     


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