Terms of Service
OVERVIEW
This website is operated by Xcelerice. Throughout the site, the terms “we,” “us,” and “our” refer to Xcelerice. By accessing or using our website and engaging in any transaction, including browsing, renting, or purchasing, you agree to comply with and be bound by the following Terms of Service (“Terms”), including all additional terms, policies, and conditions referenced herein or available via hyperlink. These Terms apply to all users of the site, including without limitation, browsers, vendors, customers, merchants, and content contributors.
Please read these Terms of Service carefully before using our website. If you do not agree to all terms and conditions set forth, you may not access the website or use any services.
We reserve the right to update or modify these Terms at any time by posting revisions to our website. Continued use of the site following such changes constitutes acceptance of those changes.
Our store is hosted on WordPress, and Stripe serves as our payment gateway, providing the e-commerce infrastructure to facilitate product rentals and sales.
1) Online Store Terms
By agreeing to these Terms, you represent that you are of legal age in your jurisdiction, or have provided consent for any minor dependents to use this site. You agree not to use our products for any unlawful purpose or violate any applicable laws. Any breach of these Terms may result in immediate termination of service.
2) General Conditions
We reserve the right to refuse service to anyone, for any reason, at any time. Non-credit card content you provide may be transferred unencrypted over networks. Credit card data is always encrypted during transfer. You agree not to duplicate, resell, or exploit any part of the service without express written permission.
3) Accuracy, Completeness & Timeliness
Content provided on this site is for general information only and may not be complete, accurate, or current. Reliance on this material is at your own risk. We reserve the right to modify site content at any time with no obligation to update.
4) Modifications To Service & Pricing
We may change product pricing or discontinue the service (or any part of it) at any time without notice. We are not liable for any such modifications or discontinuation.
5) Products & Services
Products and services may be available exclusively online and in limited quantities. Product descriptions, pricing, and availability are subject to change without notice. We make every effort to display product images accurately but cannot guarantee display accuracy across all devices. Returns and exchanges are subject to our Return Policy.
6) Billing & Account Information
We reserve the right to refuse or cancel orders at our discretion, particularly those that appear to be placed by resellers or distributors. You agree to provide accurate billing and account information and to keep it current for successful order fulfillment. See our Return Policy for more details.
7) Optional Tools
We may offer access to third-party tools without warranties or endorsements. Your use of such tools is at your own risk, and it is your responsibility to review and accept any thirdparty terms.
8) Third-Party Links
Our site may include content or links to third-party websites. We are not responsible for examining or evaluating such content and disclaim all liability for third-party materials, websites, or services.
9) User Submissions
Any unsolicited feedback, suggestions, or submissions you provide may be used by us without restriction. We are under no obligation to maintain confidentiality, compensate you, or respond. You agree your content will not violate any third-party rights or contain unlawful material. You are solely responsible for your submissions.
10) Personal Information
Your submission of personal data is governed by our Privacy Policy.
11) Errors & Omissions
We reserve the right to correct any typographical errors, inaccuracies, or omissions in product or service information and to cancel or update orders as needed. We are not obligated to update information unless required by law.
12) Prohibited Uses
You are prohibited from using the site or its content for unlawful purposes, violating any laws, infringing on intellectual property rights, submitting false information, transmitting viruses, or engaging in abusive, discriminatory, or disruptive behavior. We reserve the right to terminate access for violations.
13) Warranty Disclaimer & Limitation Of Liability
Our services and all products are provided “as is” and “as available” without warranties of any kind, express or implied. We do not guarantee uninterrupted or error-free service. In no event shall Xcelerice or its affiliates be liable for any direct, indirect, incidental, or consequential damages resulting from your use of our service or products.
14) Indemnification
You agree to indemnify and hold harmless Xcelerice and its affiliates from any claims, including reasonable attorneys’ fees, arising from your breach of these Terms or violation of any law or third-party rights.
15) Severability
If any part of these Terms is deemed unlawful or unenforceable, the remainder shall remain valid and enforceable to the fullest extent permitted by law.
16) Termination
These Terms remain in effect unless terminated by either party. We may terminate your access at any time for violations of these Terms. All obligations prior to termination will survive.
17) Entire Agreement
These Terms, along with any related policies or rules posted by us, constitute the entire agreement between you and Xcelerice and supersede prior communications or agreements.
18) Governing Law
These Terms and any related agreements shall be governed by and construed in accordance with the laws of the State of Georgia.
19) Changes To Terms
We may revise these Terms at any time. It is your responsibility to review them periodically. Continued use of our site constitutes acceptance of any changes.
20) Product Compatibility & Prescriptions
Customers are responsible for confirming product compatibility with existing equipment and ensuring a valid prescription is obtained if required for their rental or purchase.
21) Contact Information
For questions regarding these Terms of Service, please contact us at: [email protected]
22) RENTAL AGREEMENT
This Rental Agreement (“Agreement”) is entered into by the customer (“Customer”) and Xcelerice (“Company”) for the temporary use of recovery equipment provided by the Company, under the terms outlined below.
22.1 Rental Term
All equipment is rented on a fixed-term basis of 7, 14, or 30 days. Rental fees are not prorated for early returns. The rental period begins on the date the Customer receives the equipment.
22.2 Extension Of Rental Term
If the Customer wishes to extend the rental period, a minimum of three (3) days’ notice must be provided before the end of the current rental term. Extensions will be billed in full 7-day, 14-day, or 30-day increments, starting the day after the original term concludes.
22.3 Condition of Equipment
All equipment must be returned in the same condition in which it was received. The Customer is solely responsible for any loss, damage, or permanent staining of the rented items.
22.4 Loss, Damage, or Failure to Return Equipment
Failure to return rented equipment by the agreed-upon date may be considered prima facie evidence of theft and subject to legal action. In such cases, Xcelerice reserves the right to pursue recovery of the equipment and may seek reimbursement for all legal fees and costs associated with restoring or replacing the equipment.
In cases of damage due to misuse, the Customer will be charged for repairs using the payment method on file. If the equipment is deemed beyond repair, the Customer will be liable for the full replacement cost, as determined by Xcelerice.
22.5 Limitation of Liability
Xcelerice shall not be held liable for any injuries, accidents, or indirect or consequential damages resulting from the use or misuse of the rented equipment, whether arising from negligence or otherwise.
22.6 Imdemnification
The Customer agrees to indemnify, defend, and hold harmless Xcelerice from and against any claims, damages, losses, or legal costs arising from the Customer’s use or handling of the rental equipment.
22.7 Acknowledgment of Responsibility
By accepting this Agreement, the Customer confirms that they have received proper instruction on the safe and appropriate use of the equipment. The Customer accepts full responsibility for the care, proper usage, and timely return of the rented items and understands they are financially liable for any damage or loss incurred during the rental period.
23) MEDICAL DISCLAIMER
By placing an order with Xcelerice, you acknowledge, understand, and agree to the following:
23.1 Medical Conditions
Cold, heat, contrast, and compression therapy products should not be used by individuals with diabetes, Raynaud’s phenomenon, other vasospastic disorders, cold hypersensitivity, or impaired local circulation.
23.2 Physician Authorization
I confirm that the use of this product has been prescribed or recommended by my licensed healthcare provider to address a specific medical condition.
23.3 Usage Instructions
I agree to carefully read and follow all instructions and safety guidelines provided by the manufacturer, including any warnings and usage limitations.
23.4 Skin Protection
I will ensure that there is no direct contact between the therapeutic wraps and my skin, and I will use appropriate barriers as directed.
23.5 Responsibility For Use
I accept full responsibility for both proper and improper use of this recovery/therapy device. I understand that failure to follow usage instructions may result in injury or complications.
23.6 Medical Attention
I agree to immediately discontinue use and consult my physician if I experience any discomfort, adverse reaction, or unexpected symptoms during or after product use.
23.7 Limitation of Liability
I acknowledge that Xcelerice is solely a distributor of this product and does not assume responsibility for any injury, harm, or complications resulting from malfunction, misuse, or improper application. Xcelerice is not authorized to provide medical advice or specific guidance beyond the general recommendations included in the manufacturer’s documentation.
23.8 Return Policy
Due to the medical nature of this product, returns are not accepted once the product has been delivered, except in cases of defect as covered under the manufacturer’s warranty.