Terms of Use

Last Updated: 6/25/26

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT.

These terms of use (these “Terms”) are entered into by and between you (“you” or “your”) and Excelis Packaging Automation (“Excelis Automation,” “we,” “us,” or “our”). These Terms govern your access to and use of our websites, including https://www.surekap.com/, [and mobile applications (each an “App”)] controlled or to be controlled by Excelis Automation that link to or reference these Terms, and any related content, features, or functionalities (collectively, the “Site”).

Excelis Automation provides the Site to you subject to the following terms, conditions, and notices contained or referenced herein. By using or accessing this Site, you signify your agreement with all of these Terms. If you do not agree with all of these Terms, please do not use this Site.

YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND POSSESS THE LEGAL RIGHT AND ABILITY TO AGREE TO THESE TERMS. BY ACCESSING OR USING THE SITE IN ANY WAY, INCLUDING, WITHOUT LIMITATION, BROWSING THE SITE, USING ANY INFORMATION FROM THE SITE, AND/OR SUBMITTING ANY CONTENT OR PERSONAL INFORMATION VIA THE SITE, YOU AGREE TO AND ARE BOUND BY THESE TERMS, INCLUDING DISCLAIMERS OF WARRANTIES, DAMAGES EXCLUSIONS AND LIMITATIONS, AND A CHOICE OF TENNESSEE LAW.

If you breach any of these Terms, your authorization to use the Site automatically terminates, and we reserve the right to (i) terminate, suspend, or limit your access to or use of the Site; (ii) notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; (iii) refuse to provide our services to you in the future; and/or (iv) take legal action against you.

Excelis Automation reserves the right to change, add to, or delete these Terms and any other information contained in this Site at any time, in our sole discretion, without notice to you, and all such modifications or updates shall be effective immediately upon being posted to the Site.

Your use of the Site is subject to the most current version of the Terms posted to the Site at the time of your use. As such, you are responsible for reviewing these Terms periodically to ensure that you are aware of any changes to them because your continued use of the Site will mean that you accept such changes. If you object to any subsequent modifications of these Terms or the Site, your only recourse is to terminate your use of the Site immediately.

CONTENTS

• Availability of the Site

• Privacy Policy

• Geographic Restrictions

• Links to Third-Party Sites

• Linking to the Site

• Prohibited Uses

• Intellectual Property Rights

• Member Account, Password, and Security

• Consent to Electronic Communications

• Typographical Errors; Content Disclaimer

• Warranty Disclaimer

• Limitation of Liability

• Limitation on Actions

• Indemnification

• Applicable Laws; Dispute Resolution

• Severability

• No Waiver

• Termination

• Miscellaneous

• [Additional App Terms]

• How to Contact Us

Availability of the Site

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site or the entire Site.

Privacy Policy

By accessing or using the Site in any way, you consent to the collection, use, storage, disclosure, and processing of the information that you provide or that we collect through the Site in accordance with Excelis Automation’s Privacy Policy, which is hereby incorporated into and made part of these Terms by this reference. Please review the Privacy Policy before you use the Site. If you are unwilling to accept the terms and conditions of the Privacy Policy, please do not use the Site.

Geographic Restrictions

The Site is intended to be used by residents located in the United States who are eighteen (18) years of age or older. We make no representations that the Site or any of its content is accessible or appropriate outside of the United States. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

The U.S. export control laws regulate the export and re-export of technology originating in the United States, including the electronic transmission of information and software to foreign countries and certain foreign nationals. You may not use, export, or re-export any content on or derived from the Site in violation of any applicable laws or regulations, including without limitation the Export Administration Act and the Arms Export Control Act.

Links to Third-Party Sites

The Site may contain links to other websites or services belonging to or managed by third parties, including our partners or other entities (collectively, the “Linked Sites”). Excelis Automation does not control the Linked Sites, nor does Excelis Automation author, edit, or monitor the Linked Sites. Excelis Automation is not responsible or liable for the availability or content of any Linked Sites, including without limitation any link contained on a Linked Site or any changes or updates to the Linked Sites. Excelis Automation may provide Linked Sites to you only as a convenience, and the inclusion of such Linked Sites will not constitute an endorsement by Excelis Automation in favor of any Linked Sites or any services or products on such Linked Sites. Excelis Automation may terminate links to Linked Sites at any time.

If you decide to access any of the Linked Sites, you do so entirely at your own risk. Once you leave the Site, our Terms no longer govern. You should review the separate terms of use, privacy policies, and other rules of the Linked Sites before you use them. You acknowledge and agree that Excelis Automation shall not be liable for any damages or injury arising from or relating to the content of or your access to such Linked Sites.

YOU BEAR ALL RISK ASSOCIATED WITH THE USE OF ANY LINKED SITES, THIRD-PARTY SERVICES, AND YOUR CORRESPONDENCE OR BUSINESS DEALINGS WITH ANY THIRD PARTY FOUND ON OR THROUGH OUR SITE.

Linking to the Site

Establishing and/or maintaining a link from another website to our Site without our prior written consent is strictly prohibited. To request consent, please notify Excelis Automation using one of the contact methods specified in the How to Contact Us section below.

Prohibited Uses

You agree that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site, its host, or any user of the Site. You may not use the Site to interfere with any other party’s use of the Site.

In addition to the other restrictions set forth in these Terms, you agree that you shall not (and shall not allow or encourage a third party to):

• use, upload, or transmit any communications, materials, or content of any type that infringes, misappropriates, dilutes, or otherwise violates any intellectual property or proprietary rights of any party;

• use any deep-link, page-scrape, robot, spider, data mine, or any other automatic device, program, algorithm, process, or methodology, or any similar or equivalent manual process, to access, acquire, copy, scrape, harvest, or monitor any portion of the Site or any content thereon, or in any way reproduce or circumvent the navigational structure or presentation of the Site, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site;

• misrepresent your identity, provide false information, impersonate another person or entity, misrepresent your affiliation with a person or entity (including, without limitation, Excelis Automation), create or use a false identity, or attempt to use another user’s account;

• delete, modify, hack, or attempt to obtain unauthorized access to the Site or the Content;

• collect, reverse look-up, trace, or seek to trace, manually or through automated means, information about other users or visitors to the Site without their express consent or other information relating to the Site;

• use any metatags, search engine keywords, or hidden text utilizing Excelis Automation’s Trademarks or any other items of Excelis Automation’s intellectual property;

• advertise, offer to sell, or sell any goods or services set forth on the Site, or otherwise use the Site to solicit other visitors, except as expressly permitted in writing in advance by Excelis Automation;

• engage in any activity that interferes with any third party’s ability to use or enjoy the Site, including using any device, software, or routine to interfere with the proper working of the Site, servers, or networks;

• probe, scan, or test the vulnerability of the Site or any network connected thereto, or breach the security or authentication measures on the Site or any network connected thereto through hacking, password-mining, or any other means not intentionally or readily made available through the Site;

• take any action that imposes an unreasonable or disproportionately large load upon the infrastructure of the Site, Excelis Automation’s systems or networks, or any systems or networks connected thereto;

• disseminate, store, upload, or transmit files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar malicious code or program that may damage another’s property or the operation of another’s computer;

• defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of any third party;

• assist any third party in engaging in any activity prohibited by applicable laws or these Terms; or

• engage in any other activity through the Site deemed by Excelis Automation, in its sole reasonable discretion, to be in conflict with the spirit or intent of these Terms.

Intellectual Property Rights

Trademarks

Excelis Automation trademarks, logos, service marks, trade names, trade dress, and other indicia of source (collectively, the “Trademarks”) displayed on the Site, including but not limited to “Excelis Packaging Automation” and “Excelis Automation,” are registered and unregistered trademarks of Excelis Automation and/or our licensors. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Site without the advance written permission of Excelis Automation or such third party that may own other trademarks displayed on the Site. No Trademarks may be used as a domain name without prior written permission.

Copyrights

Excelis Automation and/or our third-party licensors solely and exclusively own or license all copyrights in the text, images, photographs, headers, button icons, graphics, user interfaces, scripts, and works of authorship (whether or not copyrightable) provided on the Site (collectively, the “Content”), and the selection, coordination, and arrangement of such Content, to the fullest extent provided under the United States Copyright Act of 1976 and all international copyright laws, each as may be amended from time to time. You are prohibited from using, copying, reproducing, republishing, modifying, distributing, displaying, performing, transmitting, licensing, selling, assigning, posting, reverse-engineering, or otherwise exploiting any Content for any purposes except as expressly provided in these Terms or with our express prior written permission.

The Content is for informational purposes only. Any reproduction, retransmission, or copying of any Content from the Site (including any use or incorporation of such Content into another website or service) is strictly prohibited without the prior written consent of Excelis Automation in each instance. Notwithstanding the foregoing, Excelis Automation authorizes you to make one (1) electronic or paper copy of the information posted on any page of the Site; provided, that copy is used solely for non-commercial, personal purposes, and further provided, any such copy retains all copyright notices, Trademarks, and other proprietary notices and legends contained or displayed on the Site. Systematic retrieval of data or other Content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without prior written permission of Excelis Automation is strictly prohibited.

Site IP

Excelis Automation and/or our third-party licensors solely and exclusively own or license the Site and its content, features, and functionalities (including but not limited to the Trademarks, Content, [the Apps] and all other information, software, text, displays, sounds, videos, images, and the design, selection, coordination, and arrangement thereof) (collectively, the “Site IP”). The Site IP is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Neither these Terms nor your use of the Site transfers any right, title, or interest in or to the Site or Site IP to you. Excelis Automation will aggressively enforce its intellectual property rights to the fullest extent of the law. We or our third-party licensors retain all our or their respective rights, title, and interest in and to the Site and Site IP. Any rights not expressly granted herein are reserved.

Your misuse of the Site or Site IP is strictly prohibited. Except as expressly authorized by Excelis Automation, its licensors, or other providers, you shall not reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, print, display, perform, license, assign, post, or create derivative works of the Site IP, in whole or in part, by any means. You shall not modify, decompile, disassemble, decode, or reverse engineer the Site or any software or other Site IP that Excelis Automation discloses to you, and you must not remove, delete, alter, obscure, or otherwise modify any copyright, Trademark, or other intellectual property or proprietary rights notices of ownership from the Site or any Site IP.

User Content and Feedback

To the extent you post, upload, input, submit, or otherwise provide certain of your information, data, or other materials in connection with the Site (collectively, the “User Content”), whether publicly posted on social media or privately transmitted, you agree to provide true, complete, and accurate information. You shall be responsible for the accuracy, legality, and quality of the User Content provided by you, and you grant to Excelis Automation a worldwide, irrevocable, perpetual, non-exclusive, and royalty-free license and right to use, process, access, display, reproduce, adapt, and otherwise exploit such User Content as reasonably necessary to perform our obligations under these Terms or as otherwise expressly set forth herein.

If you provide any remarks, feedback, suggestions, ideas, or other information that is communicated by you to us about our products, services, and/or the Site, including via social media pages, responses to surveys, requests for feedback, or other areas or mechanisms by which you may submit comments or other content (collectively, the “Feedback”), you hereby irrevocably and absolutely assign and set over such Feedback to us. You agree that we may, in our sole discretion, use the Feedback in any way, including in future modifications of the Site, our products, or our services. We will not be required to treat any Feedback as confidential, and we will not be liable for any ideas (including, without limitation, product, service, or advertising ideas) or liability as a result of any similarities that may appear in our future products, services, or operations. Without limitation, we will have exclusive ownership of all present and future existing rights, title, and interest in and to the Feedback of every kind and nature everywhere. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for its legality, reliability, appropriateness, originality, and copyright.

[Copyright Infringement

Upon receiving proper notice as set forth below, we will use commercially reasonable efforts to investigate notices of alleged copyright infringement and take appropriate action.

If you believe that your copyrighted work or the copyrighted work of another is being infringed, please submit to us a notice under the DMCA that includes all of the information requested below:

• a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is claimed to have been infringed;

• identification of the copyrighted work alleged to have been infringed;

• a description of the material that is claimed to be infringing and information sufficient to locate the material on the Site;

• information sufficient to contact the complaining party, such as a physical address, telephone number, and, if available, an electronic mail address;

• a statement that the complaining party has a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or applicable law; and

• a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright owner’s behalf.

Our DMCA Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:

E-mail: info@surekap.com

Mail:

Excelis Automation

Attn: Richard Butler

2760 N Service Drive, Red Wing, Minnesota 55066

Phone: (507) 262-3571

If you fail to provide all of the requested information, we will not process your notice. You may wish to seek legal counsel prior to submitting a copyright infringement notice.

Please note that United States law provides severe penalties for submitting this information falsely. If we in good faith believe material to infringe a copyright or otherwise violate any intellectual property rights, we will remove or disable access to such material. We reserve the right, in appropriate circumstances, to remove content on the Site alleged to be infringing and/or terminate the accounts of users who infringe any intellectual property rights of others without prior notice.]

Consent to Electronic Communications

By providing your email address and/or telephone number, or by sending emails to us, you are communicating with us electronically. By providing your email address and/or telephone number, or by sending emails to us, you consent to receive communications from us or on our behalf electronically through emails, phone calls, or text messages, including messages sent using automated dialing technology. You understand that emails and text messages have inherent privacy risks, including that unencrypted emails and text messages are not secure and could be accessed by an unauthorized party, intercepted, or altered without your knowledge or authorization. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. By providing your mobile number, you represent that you are the account holder for that number. If you wish to opt out of such text messages, you may do so. Your carrier may charge standard messaging, data, and other fees for text messages. Frequency of text messages may vary.

Member Account, Password, and Security

If the Site requires you to register for a log-in account, you must complete the registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form. You are entirely responsible for maintaining the confidentiality of your account information. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Excelis Automation immediately of any unauthorized use of your account or any other breach of security. Excelis Automation will not be liable for any loss that you may incur as a result of a third party’s using your account, whether with or without your knowledge. You may be liable for losses incurred by Excelis Automation or another party due to a third party’s use of your account. You may not use another’s account at any time without the permission of the applicable account holder.

Typographical Errors; Content Disclaimer

Although we attempt to ensure the integrity and accuracy of the Site, it is not possible to ensure that any website is completely free of human or technological errors. We make no claim, representation, or warranty as to the accuracy, reliability, or suitability of the information contained within the Site, including, without limitation, the Site IP and any other information contained in any text, documents, graphics, or other elements. The Site IP and any related documents and graphics published on this Site may contain technical inaccuracies, typographical errors, and/or errors made or perpetuated by unaffiliated third parties. You should independently verify all relevant information prior to making any decisions based upon such information. Changes may be made periodically to information or Content on the Site without notice, and such changes are not guaranteed to be complete, correct, timely, current, or up-to-date. Excelis Automation undertakes no obligation to update any information or Content on the Site. We reserve the right, in our sole discretion, to alter, edit, or remove any documents, information, or other content on the Site at any time without notice to you.

Warranty Disclaimer

USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SITE AND ALL SITE IP, MATERIALS, INFORMATION, AND SERVICES OF EXCELIS AUTOMATION ARE PROVIDED ON AN “AS IS, WHERE IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. EXCELIS AUTOMATION AND OUR SUPPLIERS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, COMPLETENESS, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.

WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY OR LOSS ARISING OUT OF ANY ACTION TAKEN IN RELIANCE ON THE SITE AND/OR ANY SITE IP, LINKED SITES, INFORMATION, AND/OR SERVICES PROVIDED ON OR THROUGH THE SITE. WITHOUT LIMITATION, EXCELIS AUTOMATION MAKES NO WARRANTY OR GUARANTEE THAT: (I) THIS SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (II) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, OR ACCURATE; (III) ANY PARTICULAR RESULTS MAY BE OBTAINED FROM THE USE OF THE SITE; (IV) THE QUALITY OF ANY CONTENT, SERVICES, [APPS,] OR OTHER MATERIALS OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (V) DEFECTS, IF ANY, WILL BE CORRECTED. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH THE SITE WILL CREATE ANY WARRANTY OR COVENANT NOT EXPRESSLY MADE HEREIN.

YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, SOFTWARE, OR PROGRAMS THROUGH THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM, AND THAT WE ARE NOT RESPONSIBLE FOR, AND SHALL NOT BE LIABLE FOR, ANY SUCH DAMAGES. YOU HEREBY RELEASE US FROM ANY AND ALL CLAIMS, ACTIONS, DAMAGES, COSTS, OR EXPENSES INCURRED IN CONNECTION WITH YOUR USE OF THE SITE.

Limitation of Liability

IN NO EVENT SHALL EXCELIS AUTOMATION, OUR SUPPLIERS, PARTNERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, INCREASED, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM OR RELATED TO YOUR ACCESS TO OR USE OF THE SITE, OR YOUR INABILITY TO ACCESS OR USE THE SITE OR ANY SITE IP, INFORMATION, OR SERVICES PROVIDED IN CONNECTION WITH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER EXCELIS AUTOMATION NOR OUR SUPPLIERS, PARTNERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OR LICENSORS SHALL BE LIABLE FOR ANY LOSSES OR DAMAGES IN EXCESS OF ONE HUNDRED DOLLARS ($100.00 USD).

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY PORTION OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. CONSEQUENTLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Limitation on Actions

You agree that any dispute arising out of these Terms or your use of the Site must be filed within one (1) year after the claim or cause of action arises, or such claim or cause of action shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by us to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.

Indemnification

You shall defend, indemnify, and hold harmless Excelis Automation, our licensors and service providers, and our and their respective affiliates, directors, officers, members, managers, agents, contractors, employees, co-branders, suppliers, successors, and assigns from and against any and all liabilities, damages, judgments, awards, losses, costs, claims, fees, and expenses, including reasonable attorneys’ fees, arising out of or relating to your use of the Site (including, without limitation, your use of any information obtained from the Site or any Site IP), your violation of these Terms, your User Content, or your violation of any rights of another.

Applicable Laws

These Terms shall be construed and governed under the laws of the United States and the State of Minnesota (without regard to rules governing conflict-of-law provisions). You agree that venue for all actions arising out of or relating in any way to your use of our Site or these Terms shall be in a federal or state court of competent jurisdiction embracing Goodhue County, Minnesota, and you hereby waive all rights to assert arguments of an inconvenient or improper forum.

Severability

Unless otherwise specified herein, these Terms constitute the entire agreement between you and Excelis Automation and govern your use of the Site. These Terms supersede any prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Excelis Automation. If any portion of these Terms are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

No Waiver

The failure of Excelis Automation to enforce any provisions of these Terms or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any provisions of these Terms or to act with respect to subsequent or similar breaches.

Termination

Excelis Automation reserves the right, in our sole discretion, to terminate your access to all or part of the Site, at any time, with or without notice to you. Excelis Automation also reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Site or any part thereof with or without notice, for any reason or no reason whatsoever. Excelis Automation shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Site.

Miscellaneous

No joint venture, partnership, employment, or agency relationship will exist between you and Excelis Automation as a result of these Terms or your use of this Site. Nothing contained in these Terms is in derogation of Excelis Automation’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Excelis Automation with respect to such use. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent, and subject to the same conditions, as other business documents and records originally generated and maintained in printed form.

[Additional App Terms

This section applies where you download an App through a third party application store provider (“App Store Provider”).

These Terms are applicable between you and Excelis Automation, but not the App Store Provider. Excelis Automation, not the App Store Provider, offers the App to you, and the App Store Provider has no responsibility to you for any use or maintenance of, or information or complaints related to, the App or these Terms.

If you download the App from the Apple App Store, you may only use the App on an Apple-branded product that you own or control and as permitted by the App Store Terms of Service, or as otherwise permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing. Apple has no obligation to provide maintenance and support services with respect to the App. In the event of any failure of the App to conform with any applicable warranty, you may notify Apple regarding a refund of your purchase price (if any) of the App through the Apple App Store. Apple will not be responsible for any other claims, losses, liabilities, damages, costs, or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection, privacy, or similar legislation including in connection with the App’s use of the HealthKit and HomeKit frameworks, and claims with respect to intellectual property infringement. You must comply with the terms of any third-party agreement applicable to you when using the App, such as any wireless data service agreements. You and Excelis Automation hereby acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple, as a third-party beneficiary, will receive (and otherwise shall be deemed to have received) the right to enforce these Terms against you.]

How to Contact Us

If you have any questions or concerns about these Terms or the Site, please do not hesitate to contact us using any of the following methods:

E-mail: info@excelisautomation.com

Mail:

Excelis Automation

Attn: Richard Butler

2760 N Service Drive, Red Wing, Minnesota 55066

Phone: (507) 262-3571