Use of This Site
This Site may be used for lawful purposes only. You may use this Site to review general information about XCEL and our services.
This website contains material which is owned by or licensed to XCEL. This material includes, but is not limited to, the content, design, layout, look, appearance and graphics, trademarks, service marks, and trade dress related thereto, and all other intellectual property and other proprietary rights embodied therein and appurtenant thereto. All trademarks and content reproduced in this website which are not the property of or licensed to XCEL are acknowledged on the Site.
You agree that you will have no rights in or to any of the foregoing, express or implied, other than the rights expressly granted in these Terms and Conditions of Use.
Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
Links to Third Party Sites
This Site may include links that lead to websites maintained by individuals or organizations over which XCEL has no control. These links are for the convenience of visitors to the Site only, and the inclusion of such links does not necessarily imply an affiliation, sponsorship or endorsement. No representations or warranties are made regarding the accuracy, timeliness, availability, or any other aspect of products, services or information located on or available through such third party websites. You should review the privacy policies of third party websites carefully before providing any information to such sites. XCEL shall not be responsible or liable for any products, services or information available on or through any third party website.
Users of this Site are prohibited from violating or attempting to violate the security of this Site, including but not limited to: (1) accessing data not intended for such user or logging onto a server or account which the user is not authorized to access; (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (3) attempting to interfere with the services provided by this Site to any user, host or network by means including but not limited to submitting a virus to the Site, “spamming,” “crashing,” or otherwise overloading the Site; (4) sending unsolicited email or communications; (5) forging any information from this Site or leading to this Site in any email or newsgroup posting.
Violations of this Site’s security may result in civil or criminal liability. In the event of an actual or perceived violation of the security of the Site, XCEL will cooperate with law enforcement authorities in prosecuting users involved in such violations.
Termination of Access and Use
THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. XCEL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THIS SITE OR THE PRODUCTS, SERVICES OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE. XCEL DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY INFORMATION OR MATERIALS AVAILABLE ON OR THROUGH THE SITE WILL BE ACCURATE, TIMELY, COMPLETE, UP-TO-DATE, CURRENT, OR FREE FROM TYPOGRAPHICAL ERRORS OR ALTERATIONS BY THIRD PARTIES. WITHOUT LIMITING THE FOREGOING, XCEL HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND QUIET ENJOYMENT.
Limitations of Liability
In no event will XCEL or its directors, officers, employees, agents or affiliates be liable to you or anyone else for any indirect, consequential, special, incidental, exemplary, punitive or similar damages (including loss of use, loss of profits or loss of data) arising out of or related to the site or your use of the Site, or for any decision made or action taken by you in reliance on the information or materials provided on or available through this Site, regardless of the form of action, whether in contract, tort or otherwise, and even if advised of the possibility of such damages. You agree to indemnify XCEL for any such damages incurred or suffered.
Governing Law; Jurisdiction
These Terms and Conditions of Use and the relationship between you and us relating to your use of the Site shall be governed by and interpreted in accordance with the laws of the State of Illinois, without regard to any conflict of laws principles that would require the application of the laws of a different jurisdiction. You agree to submit to the personal jurisdiction of the state and federal courts located within Illinois for any dispute, claim or action arising out of or related to your use of this Site or these Terms and Conditions of Use, and hereby waive any objections to the jurisdiction and venue of such courts.
You may not assign or delegate any right or duty under these Terms and Conditions of Use or related to this Site without the prior written consent of an authorized officer of XCEL. Any attempted assignment or delegation without such consent will be null and void from the beginning and without further effect. We may assign any right or duty under these Terms and Conditions of Use or related to the Site with or without notice to you. Subject to the foregoing, these Terms and Conditions of Use will be binding on and will inure to the benefit of you and us, and each of our respective representatives, heirs, administrators, successors and permitted assigns.
No duty or breach of these Terms and Conditions of Use may be waived by any act, omission or knowledge by us, except by an instrument in writing expressly waiving the duty or breach and signed by an authorized representative of XCEL. Any waiver (express or implied) by us of any duty or breach will not constitute a waiver of any other or subsequent duty or breach.
If you have questions about the Terms and Conditions of Use for this Site, or any other questions concerning the Site, please contact:
2701 Grand Ave.
Waukegan, IL 60085
These Terms and Conditions of Use constitute the entire agreement between you and us with regard to your access to and use of this Site, and supersede all prior and contemporaneous negotiations, statements and agreements, whether written or oral, relating to the subject matter hereof. In the event any provision of these Terms and Conditions of Use is held to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent permitted under applicable law, and the remaining provisions will continue in full force and effect.