The services provided to you by Excell Investigation™ (through or pursuant to its website, excellinvestigation.com) are subject to the following terms and conditions. If you visit or use this website or related payment sites (collectively “website”), you accept these terms and conditions. Please read them carefully. In order to use the services offered on this website, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
No warranty of a particular outcome, result or recovery of information is promised or guaranteed by Excell Investigation. Excell Investigation agrees to achieve the goals of the engagement with aggressive, professional methods, within the bounds of the law.
Excell Investigation does/do not provide services for minors, but we do provide certain services to adults who utilize a credit card, debit card, or bank account (via Automated Clearinghouse–ACH) from the United States of America. If you are under 18 years old, you may use this website only with involvement and permission of a parent or guardian. Excell Investigation reserves the right to refuse service, terminate or suspend accounts or service or cancel transactions at any time in its sole discretion.
All content on this website, such as text, terms, graphics, logos, button icons and images, is the property of Excell Investigation or its content suppliers and protected by United States and international copyright laws. The selection, arrangement, and presentation of all materials on this website (including information in the public domain), and the overall design of this website is the exclusive property of Excell Investigation and protected by United States and international copyright laws. All software on this site is the property of Excell Investigation or its software suppliers and protected by United States and international copyright laws.
Any and all graphics, logos, page headers, button icons, scripts and service names used on or in connection with Excell Investigation and Excell Investigation.com are trademarks or trade dress of Excell Investigation. Excell Investigation’s trademarks and trade dress may not be used in connection with any product or service that is not legally endorsed and authorized by Excell Investigation in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Excell Investigation its products or services or websites. All other trademarks not owned by Excell Investigation that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Excell Investigation.
License and Site Access
Excell Investigation grants you a non-exclusive limited license to access and make personal or business use of this website and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of Excell Investigation. This license does not include any resale or commercial use of this site or its contents; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant or entity; or any use of data mining, robots or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Excell Investigation. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of this website without the express written consent of Excell Investigation. You may not use any meta-tags or any other “hidden text” utilizing the names Excell Investigation, or the website Excell Investigation, or any of our trademarks without our express written consent. You may not make available in any manner software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of this website or any computer software, hardware or telecommunications equipment of Excell Investigation or the visitors to this website. You may not interfere with or disrupt the services of Excell Investigation or the servers or networks connected to these services. You may not collect or store personal data about other users of this website. Any unauthorized use or attempts to use this website in an unauthorized manner terminates the permission or license granted by Excell Investigation hereby.
Your Personal Information
If you use this website, you are responsible for maintaining the confidentiality of your personal information and for restricting access to the computer or information, and you agree to accept responsibility for all activities that occur under your account. You should notify Excell Investigation and the entity to which payment was made immediately if you believe there has been unauthorized use of your account or any other breach of this website’s security.
Further, you agree to provide complete and accurate information as requested by this website in conjunction with the completion of your payment transaction. Any failure to provide complete or accurate information, or any attempt to use another person’s information, may result in cancellation of your payment and other legal action by Excell Investigation or its assignees without limitation except as provided by law. Further, you agree to honor and make full payment of any transactions legally processed through this website.
Text Messages, Emails and Telephone Calls – Consent
By using this site, and by reviewing any and all of the material on this site, and by placing any order for work, you agree as follows: (1) to receive calls, texts and emails with additional information and relevant offers from Excell Investigation and/or its authorized representatives; and (2) to receive further communications regarding your orders and account from Excell Investigation and/or its authorized representatives. By using this site, you acknowledge that separate consent is not required to make a purchase, and that message and data rates may apply to my account for any such communications, to which by using this site I expressly consent. By using this site, and by communicating with us via email, texting, or oral communication followed up by a confirming writing in any form, including without limitation an invoice, email or text message, you further agree that any oral or texted order communicated to us, to which we respond with an invoice or other such confirmatory writing, is a firm order from you for work performed by us, as reflected on such invoice.
By entering into an agreement for services with Excell Investigation, you agree that you will not disparage or comment negatively about Excell Investigation or its trade name(s), trademarks, trade dress or website excellinvestigation.com, its officers and management, and/or current or former employees. This provision shall include an agreement not to make any remarks in a blog, article, opinion article or any other publication not otherwise privileged, which tends to disparage, impugn the character, honesty, integrity, morality or business acumen, or abilities in connection with any aspect of the operation of the business of Excell Investigation, or any of its employed or engaged investigators or support employees. This includes a warranty that any recipient of the professional services of Excell Investigation shall not, and shall cause its employees, agents and others working on its behalf, directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, Excell Investigation, or its trademarks or its website Excell Investigation, or any of its directors, officers, affiliates, subsidiaries, employees, agents or representatives, or that reveals, discloses, incorporates, is based upon, discusses, includes or otherwise involves any confidential or proprietary information of Excell Investigation, or its website Excell Investigation, or its subsidiaries or affiliates, or to malign, harm, disparage, defame or damage the reputation or good name of Excell Investigation, its website excellinvestigation.com, its licensed investigators, owners, agents, contractors or employees.
Nothing in this section or elsewhere in these Terms and Conditions shall prohibit any party from making any statement or disclosure required under the federal securities laws or other applicable laws; provided, that such party must provide written notice to Excell Investigation at least two (2) business days prior to making any such statement or disclosure required by under the federal securities laws, or other applicable laws, that would otherwise be prohibited the provisions of this section, and reasonably consider any comments made by such other parties.
Any and all clients of Excell Investigation acknowledge(s) that any information as might be provided or services utilized as a result of investigation, searching or other or services provided by Excell Investigation will place said purchaser and/or consumer of said services under some risk, and that this risk can result in said purchaser and/or consumer of said services losing capital, suffering liability and/or income and/or tax benefits and/or purchasing power and/or assets. There can be no guarantee that any of Excell Investigation’s services or reports are admissible as evidence in any court, or completely accurate, or accurate to any degree. Any and all purchasers or consumers of such services on this website agrees to suffer all losses or missed gains from such purchaser and/or consumer’s own funds. Purchaser and/or consumer of said services agrees to hold Excell Investigation our officers, directors, employees, agents, licensed investigators, assistant investigators, independent contractors, and representatives forever harmless from all claims, liabilities, losses, damages, attorney’s fees, costs and expenses which may arise from any actions, services rendered, or advice taken pursuant to this Agreement, unless rendered or taken in bad faith or as a result of willful misconduct.
Any and all such purchasers and/or consumers of services from or on this website agrees to hold Excell Investigation, our officers, directors, employees, agents, independent contractors, and representatives forever harmless from all claims, liabilities, losses, damages, attorney’s fees, costs and expenses which may arise from any action we take on behalf of a client, or because of information reported by us. You agree and understand the limit to our liability for any and all services we provide is $100.00.
Charges for Work Performed; Credit Card Charges
All orders placed for process service, document-related services, deposition-related services, subpoenas, document preparation and/or investigative services of any kind or description through this website will regarded by both Parties hereto as firm orders, not subject to cancellation after work has begun, other than as the Parties shall subsequently agree in writing. All credit card transactions will carry an extra three percent (3%) fee to cover bank credit card processing fees. By paying any advance or invoice, Client acknowledges that Client has reviewed and agreed to these terms and conditions. All sales are final and non-refundable. There is no guarantee of success.
In addition to the foregoing, the Parties mutually agree that any claim made under the Non-Disparagement portion of these Terms and Conditions shall, when disparaging statements have been shown with reasonable certainty to have originated with you or anyone acting on your behalf, carry liquidated damages payable by you to Excell Investigation, in the sum of One Hundred Thousand Dollars ($100,000.00) in United States currency.
In all cases, our liability for any work order accepted, or report delivered, is limited to the fee paid to us for the work performed. This provision is of the essence of this agreement.
By visiting this website, you agree that the laws of the State of California, County of Orange, without regard to its principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Excell Investigation for jurisdiction of any litigation or arbitration.
Excell Investigation reserves the right to make changes to this website (including, without limitation, discontinuing this website or the services offered on this site) and these Terms and Conditions at any time, with or without notice. If any of these terms and conditions shall be deemed invalid, void or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.
Excell Investigation requests that you not use any of the information on this site, including without limitation the e-mail addresses that are posted here, to transmit, distribute or facilitate the distribution of unsolicited bulk e-mail or other such advertisements or solicitations to Excell Investigation or any of its employees or agents, and any such use of the information on this site is a violation of the Terms and Conditions of this site.
Disputes; Effect on Confidentiality
Any disputes arising under these Terms and Conditions, or from any professional work or services conducted by Excell Investigation, through or pursuant to its website excellinvestigation.com, shall be litigated in the Superior Court of Orange County, California, or, if appropriate to the amount in dispute, in the Small Claims Court of Orange County. The client expressly consents to the jurisdiction of that court, when engaging the services of Excell Investigation and/or its website excellinvestigation.com. If any credit card chargeback, bad check or other dispute occur, the company will provide all reports, billing, notes, emails, and client work product (excluding proprietary work product produced internally by Excell Investigation), but in such case the confidentiality provisions ordinarily applicable as between Excell Investigation and the disputing client are null and void.
Excell Investigation has office locations in Arizona, California, nationwide, and a network of affili¬ated private investigators worldwide.
You can transmit your documents for process service directly to Excell Investigation and excellinvestigation.com by fax or email, at the following contact numbers:
YOU WILL BE REQUIRED TO CHECK A BOX ON YOUR ORDER FORM, AGREEING TO THE PROVISIONS OF THIS TERMS AND CONDITIONS AGREEMENT. THIS PROVISION IS OF THE ESSENCE OF ANY AGREEMENT BETWEEN YOU AND excellinvestigation.com.
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