Website Terms of Use
Effective: November 10, 2025
Welcome to XcelCompanies.com, operated by Xcel Payments, LLC d/b/a Xcel Companies (“Company,” “we,” “our,” or “us”). These Terms of Use (“Terms”) govern your access to and use of our website, including all content, functionality, and services (collectively, the “Website”). By using this Website, you agree to these Terms and our Privacy Policy. If you disagree, please do not use the Website.
1. Eligibility and Acceptance
By accessing or using the Website, you confirm that you are at least 18 years old, legally capable of forming a binding contract, and reside in the United States. If you do not meet these requirements, you will not be able to use the Website.
We reserve the right to update these Terms at any time by posting changes on this page. Continued use of the Website after such posting constitutes your acceptance of the revised Terms.
2. Access and Account Security
We reserve the right to modify, suspend, or discontinue any part of the Website at any time without notice. You are responsible for making all arrangements to access the Website and ensuring others using your internet connection do the same.
If you create an account, you must keep your login credentials confidential. You are responsible for all activities under your account and must notify us immediately of unauthorized access. We may disable any account that violates these Terms.
3. Intellectual Property
All Website content—including text, graphics, logos, videos, software, and design—is owned by or licensed to Xcel Companies and protected by U.S. and international intellectual property laws.
You may view, print, or temporarily store materials for personal, non-commercial use only. You may not modify, reproduce, distribute, or use any part of the Website for commercial purposes without prior written consent from the Company.
All company names, trademarks, logos, and designs on this Website are the property of their respective owners. Unauthorized use is strictly prohibited.
4. Prohibited Uses
You agree not to use the Website:
In violation of any applicable laws or regulations.
To transmit unauthorized advertising or spam.
To impersonate any person or entity or misrepresent your affiliation.
To upload harmful code, attempt to gain unauthorized access, or interfere with the Website’s operation.
To post or transmit any defamatory, obscene, or unlawful content.
We reserve the right to restrict or terminate access for violations of these Terms.
5. User Contributions and Third-Party Content
Any content you share through the Website or affiliated social media may be treated as non-confidential and may be used by Xcel Companies for lawful business purposes.
The Website may include information or links provided by third parties. We are not responsible for the accuracy, reliability, or legality of any third-party content or linked sites.
6. Purchases and Agreements
Any purchases, merchant services, or equipment programs offered through this Website are governed by the Merchant Processing Agreement and/or Free Equipment Placement Agreement, each incorporated by reference.
If you transact through a third-party site, their terms, not ours, govern those transactions.
7. Privacy
Your use of the Website is also subject to our Privacy Policy, which explains how we collect and use personal information. By using the Website, you consent to those practices.
8. Disclaimer of Warranties
The Website and all content are provided “as is” and “as available” without warranties of any kind, express or implied. We make no representations or warranties regarding the accuracy, completeness, reliability, or availability of the Website or any services offered.
To the fullest extent permitted by law, Xcel Companies disclaims all warranties, including implied warranties of merchantability, non-infringement, and fitness for a particular purpose.
9. Limitation of Liability
To the fullest extent permitted by law, Xcel Payments, LLC, its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising from your use of or inability to use the Website or linked services, even if advised of the possibility of such damages.
Your sole remedy for dissatisfaction with the Website is to stop using it.
10. Indemnification
You agree to indemnify and hold harmless Xcel Payments, LLC, its affiliates, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising from your use of the Website or violation of these Terms.
11. Governing Law; Dispute Resolution
These Terms are governed by the laws of the State of Colorado, without regard to conflict of law principles.
Any dispute or claim arising from these Terms or your use of the Website shall be resolved through binding arbitration in Denver County, Colorado, under the rules of the American Arbitration Association. You waive any right to participate in a class action.
If arbitration is not enforced, you consent to exclusive jurisdiction in the state or federal courts of Denver County, Colorado.
12. Limitation on Claims
Any cause of action arising out of or related to your use of the Website must be commenced within one (1) year after the event giving rise to the claim, or it is permanently barred.
13. Waiver and Severability
If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall continue in full force and effect. Failure by the Company to enforce any right or provision shall not constitute a waiver of such right or provision.
14. Entire Agreement
These Terms, together with our Privacy Policy, Merchant Processing Agreement, and Free Equipment Placement Agreement, constitute the complete agreement between you and Xcel Payments, LLC d/b/a Xcel Companies regarding your use of the Website.
Contact Us
If you have questions about these Terms, please contact us at:
📧 hello@xcelcompanies.com
📍 Xcel Payments, LLC d/b/a Xcel Companies
Denver, Colorado, USA