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Terms

Terms & Conditions

Last Updated: 9/21/2024

By subscribing to Excess Elite and providing your payment information, you acknowledge that you are purchasing a subscription-based service that is NON-REFUNDABLE. All cancellations must be performed by deactivating your account through your account settings. Excess Elite does not offer to pause or archive your account.

Free Trials

If you are using a promotional code for a free trial, this trial is valid for 7 days. After the 7-day period, your account will be billed using the payment information you provide. You will receive an email prior to the expiration of the free trial. If you do not wish to continue using the service, you must deactivate your account within your account settings before the trial ends.

Definitions

“Services,” “Service,” “Products,” or “Product”: Refers to any product or service created and maintained by Excess Elite, including excesselite.com, mobile applications, desktop applications, and any other format in which the service may be delivered.
“You” or “Your”: Refers to the individuals or organizations that own an account with one or more of our services, including their customers and visitors.

We may update these Terms and Conditions as needed. By using our Services now or in the future, you agree to the most recent version of these terms.

1. Customer Responsibilities

Data Management & Privacy

You are solely responsible for maintaining and securing the data stored within your Customer Relationship Management (CRM) system, including any personal or sensitive data of your customers. Excess Elite is not responsible for securing, backing up, or maintaining any data within your CRM, and assumes no responsibility for the actions of third parties who gain access to your CRM, whether or not you shared your login credentials knowingly or unknowingly.

Compliance with State and Federal Privacy Laws

You are responsible for ensuring that your use of the Services complies with all state and federal privacy laws, including, but not limited to, the California Consumer Privacy Act (CCPA), General Data Protection Regulation (GDPR), and Health Insurance Portability and Accountability Act (HIPAA), where applicable.

A2P (Application-to-Person) Messaging Regulations

You are responsible for ensuring your business complies with all A2P messaging regulations, including, but not limited to, the Telephone Consumer Protection Act (TCPA) and CTIA guidelines. You are required to secure proper consent from your customers before sending any automated or marketing-related SMS or email communications.

Do-Not-Call (DNC) Compliance

You are responsible for complying with the National Do-Not-Call (DNC) Registry regulations and ensuring that any marketing or sales activities conducted via phone calls comply with these rules. Excess Elite will not be liable for any non-compliance or legal repercussions resulting from violation of these regulations.

2. Excess Elite’s Role and Responsibilities

No Legal or Regulatory Assistance

Excess Elite does not provide legal or compliance resources. You are responsible for seeking independent legal advice or assistance regarding compliance with state, federal, or industry-specific regulations (such as surplus funds laws or telecommunications laws) when using our Services.

No Liability for Non-Compliance

Excess Elite will not be held responsible for any legal violations, penalties, or losses incurred as a result of your failure to comply with local, state, or federal regulations, including but not limited to privacy laws, A2P messaging regulations, and DNC rules.

3. Charges, Fees, and Billing

Subscription Fees: By agreeing to these Terms and Conditions, you acknowledge and agree that you will be charged a recurring subscription fee for access to the Excess Elite platform. The subscription fee is non-refundable and will be charged on a periodic basis (e.g., monthly, annually) based on the subscription plan you have selected.

CRM Usage Rates: In addition to the platform subscription fee, you may incur usage-based charges related to your activities within the CRM, including but not limited to:

  • The number of records stored in the CRM;
  • The volume of SMS messages, emails, or other communications sent through the CRM;
  • Any additional resources or tools accessed through the CRM.

Additional Charges: You acknowledge and agree that additional charges may apply for:

  • Premium features or add-ons that are not included in your base subscription plan;
  • Overages beyond your subscription plan’s usage limits;
  • Any integrations with third-party services or tools that you connect to the CRM.

Authorization for Charges: By providing your payment information, you authorize Excess Elite to charge the applicable subscription fees, usage rates, and any additional charges to your payment method on file. These charges will be made automatically according to your subscription and usage, and you agree to maintain an active and valid payment method at all times.

No Refunds: All payments made to Excess Elite, including subscription fees, usage fees, and additional charges, are final and non-refundable, under any circumstances, including but not limited to the termination of your account or discontinuation of the services.

4. Refunds, Disputes, and Legal Actions

Non-Refundable Service: By agreeing to these Terms and Conditions and purchasing a subscription to Excess Elite, you acknowledge that all fees and payments are NON-REFUNDABLE. You agree that under no circumstances will you initiate a chargeback, dispute, or refund request through your payment provider. This includes but is not limited to situations where your account is terminated for violating these Terms and Conditions or other Excess Elite policies.

Dispute and Blacklisting: In the event that you initiate a chargeback or dispute, Excess Elite reserves the right to immediately terminate your account and all associated services. Furthermore, you will be permanently blacklisted from Excess Elite’s platform, and legal action will be taken to recover any costs, fees, or damages incurred as a result of the dispute or chargeback. You agree to assume all responsibility for any fees associated with legal actions arising from such disputes.

Customer Responsibility for CRM: You acknowledge that you are fully responsible for any actions taken in your CRM, including those taken by third parties with access to your account, whether or not you have shared your login credentials. This includes, but is not limited to, employees, contractors, or unauthorized users who gain access to your account. Excess Elite will not be liable for any unauthorized access or misuse of your CRM data.

5. Disclaimer of Warranties and Assumption of Risk

No Guarantee of Results or Legal Outcomes: Excess Elite makes no representations or guarantees regarding the outcome of any surplus funds business conducted using our services. You acknowledge that you are fully responsible for complying with any and all state and federal regulations regarding surplus funds recovery, including but not limited to specific state laws governing foreclosure, tax liens, and surplus recovery.

White-labeled CRM Disclaimer: The CRM provided as part of our services is a white-labeled product designed for general use. Excess Elite does not warrant that the CRM will meet any specific legal, business, or operational requirements. You agree that it is your sole responsibility to ensure that the CRM’s features and functionality are used in compliance with all relevant laws and regulations in your jurisdiction.

No Legal or Financial Advice: The information provided through our platform, services, or support channels does not constitute legal, tax, or financial advice. You should consult with your own legal or financial professionals regarding the proper operation of your business, including any issues related to surplus funds recovery, tax implications, and CRM usage.

Assumption of Risk: You acknowledge that engaging in the business of surplus funds recovery carries inherent legal, regulatory, and financial risks. You agree to assume all responsibility for these risks, including potential lawsuits, audits, or legal actions that may arise from your business activities. Excess Elite shall not be held liable for any damages or losses resulting from your business operations.

6. Indemnification Clause

Indemnification: You agree to indemnify, defend, and hold harmless Excess Elite, its officers, directors, employees, contractors, affiliates, and agents from and against any and all claims, damages, liabilities, losses, costs, or expenses (including reasonable attorney’s fees) arising out of or related to:

  • Your violation of any state or federal laws governing the recovery of surplus funds;
  • Your misuse of the CRM or any other services provided by Excess Elite;
  • Any third-party claims arising from the unauthorized use of your CRM, including but not limited to the actions of your employees, contractors, or third parties who gain access to your account;
  • Any disputes or legal actions initiated by individuals or entities regarding the recovery of surplus funds that you have undertaken through the use of our services.

7. Limitation of Liability in Surplus Funds Recovery

No Liability for Surplus Funds Business: Excess Elite is a service provider and does not actively engage in the recovery of surplus funds on your behalf. You acknowledge that your business activities related to surplus funds recovery, including but not limited to communications with state agencies, courts, or other third parties, are conducted at your own discretion and risk. Excess Elite is not responsible for any claims, lawsuits, or legal proceedings that arise from your surplus funds business operations.