Terms of Service
Last Updated: January 2020
These terms of service (“Terms”) govern your use of the Elavon, Inc./Elavon
Canada Company (collectively, “Elavon”, or “we”, “us”, or “our”) eMoney
websites and mobile properties, including www.elavonpayments.com, and all
other interactive features and communications we provide in connection with
them, however accessed or used, that we operate, make available, produce, or
maintain (collectively, the “Website”). Use of this Website constitutes
acceptance of these Terms. If you do not accept these Terms then you may not
use the Website. Use of the merchant services accessed through the Website is
subject to a separate agreement between you and Elavon. Elavon may change
these Terms on a going-forward basis at any time and in our sole discretion.
If Elavon makes changes to these Terms, we will update the "Last Updated" date
at the top of these Terms. Your continued use of the Websites will confirm
your acceptance of the revised Terms. If you do not agree to the revised
Terms, you must stop using the Website. We encourage you to review the Terms
from time to time to ensure you understand the terms and conditions that apply
to your access to, and use of, the Website.
Data collection and use, including data collection and use of personally
2. Access License.
Elavon grants you a limited, revocable, non-exclusive, non-transferable
license to access and use the Website. The Website may only be used for the
intended purpose for which we make it available. We and our licensor(s)
reserve all rights to the Website not expressly granted, whether by
implication, estoppel, or otherwise.
Except as expressly permitted herein, you may not reproduce, sell, resell, or
otherwise exploit the Website or any part of it for any purpose without our
express written consent. Additionally, you will not: (a) make derivative use
of the Website or Content; (b) download or copy account information for the
benefit of a third party; (c) collect and use any content; (d) use any robot,
spider, scraper, or other automated means to access the Website for any
purpose without our express written permission; (e) take any action that
imposes, or may impose in our sole discretion an unreasonable or
disproportionately large load on our infrastructure; (f) interfere or attempt
to interfere with the proper working of the Website or any activities
conducted on the Website; or (g) bypass any measures we may use to prevent or
restrict access to the Website. Any unauthorized use automatically terminates
the permissions and licenses granted to you by us.
We and our licensor(s), vendor(s), agent (s), and content provider(s) own all
of the content featured or displayed on the Website, including text, graphics,
photographs, images, moving images, sound, and illustrations ("Content"). All
elements of the Website, including the general design and the Content, are
protected by trade dress, copyright, moral rights, trademark, and other laws
relating to intellectual property rights. You may not modify any Content and
you may not copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer, or sell any Content. You will
not remove any copyright, trademark, or other proprietary notice from any
material found on the Website. You are responsible for ensuring your use is
permissible before reusing any Content. You will comply with all applicable
domestic and international laws, statutes, ordinances, and regulations
regarding your use of the Website. The Website, Content, and all related
rights remain the exclusive property of Elavon or its licensors, vendors,
agents, and/or Content providers unless otherwise expressly agreed, and are
protected by U.S. and international copyright laws.
5. Trademarks/No Endorsement.
All trademarks, Website marks and trade names of Elavon used in
the Website or the Content (including but not limited to: Elavon name, Elavon
corporate logo, the Website name, the Website design, and any logos)
(collectively “Marks”) are trademarks or registered trademarks of Elavon or
its affiliates, partners, vendors, or licensors in the United States or other
countries. You may not use, copy, reproduce, republish, upload, post,
transmit, distribute, or modify Marks in any way without our prior written
6. Account Registration and Security.
You understand that you will need to create an account to have access to all
of the parts of the Website. You will: (a) provide true, accurate, current,
and complete information about yourself or the entity you represent as
prompted by the Website's registration or subscription page ("Registration
Data"), and (b) maintain and promptly update the Registration Data to keep it
true, accurate, current and complete. If you provide any information that is
untrue, inaccurate, not current, or incomplete, or we reasonably suspect that
such information is untrue, inaccurate, not current, or incomplete, we may
suspend or terminate your account and refuse any and all current or future use
of the Website (or any portion thereof). You are solely responsible for the
security and confidentiality of your password and account and for all use of
your account. You will not share your account information or your user name
and password with any third party or permit any third party to logon to the
Website using your account information. You will immediately notify us of any
unauthorized use of your account or any other breach of security of which you
become aware. You are responsible for taking precautions and providing
security measures best suited for your situation and intended use of the
Website. We may provide user billing, account, Content or use records, and
related information under certain circumstances (such as in response to legal
responsibility, lawful process, orders, subpoenas, or warrants, or to protect
our rights, customers or business). Please note that anyone able to provide
your personally identifiable information may be able to access your account so
you should take reasonable steps to protect your personally identifiable
7. Third Party Links.
The Website may contain links to websites that we and our affiliates do not
own, operate, or control. All such links are provided solely as a convenience
to you. If you use these links, you will leave the Website. Neither we nor any
of our affiliates are responsible for any content, materials, or other
information located on or accessible from any other website. Neither we nor
any of our affiliates endorse, guarantee, or make any representations or
warranties regarding any other websites, or any content, materials or other
information located or accessible from any other websites, or the results that
you may obtain from using any other websites. If you access any other websites
linked to or from the Website, you do so entirely at your own risk.
If you gave us your email address or phone number in connection with your
account, then we may send notifications to you via email or via SMS (text
message), including to verify your identity before registering your mobile
phone number. We may also send you notifications by other means (for example
by in-product messages). Data or messaging rates may apply if you receive
notifications via SMS.
YOUR USE OF THE WEBSITE IS AT YOUR RISK. THE CONTENT, INFORMATION, MATERIALS
AND WEBSITES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED "AS IS" WITHOUT
ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL
PROPERTY. NEITHER ELAVON NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR
COMPLETENESS OF THE INFORMATION, MATERIALS, OR WEBSITES PROVIDED ON OR THROUGH
THE WEBSITE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE
NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE
THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT
CONTENT LOSS WON'T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR
TRANSMISSION FROM THE COMPUTER NETWORKS. THE INFORMATION, MATERIALS AND
WEBSITES PROVIDED ON OR THROUGH THE WEBSITE MAY BE OUT OF DATE, AND NEITHER
ELAVON, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO
UPDATE SUCH INFORMATION, MATERIALS, OR WEBSITES. THE FOREGOING EXCLUSIONS OF
IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER
TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED FROM ELAVON OR THROUGH THE WEBSITE WILL
CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
10. LIMITATIONS OF LIABILITY.
ELAVON DOES NOT ASSUME ANY RESPONSIBILITY, NOR WILL ELAVON BE LIABLE, FOR ANY
DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY
CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITE, OR
YOUR DOWNLOADING OF ANY CONTENT FROM THIS WEBSITE. IN NO EVENT WILL ELAVON, OR
ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS,
SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR
TRANSMISSION OF THE WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT,
SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING,
WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS
INTERRUPTION) , WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL
THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY
LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY CONTENT, MATERIALS,
INFORMATION, OR WEBSITES CONTAINED ON ANY OR ALL OF THE WEBSITE, YOU AGREE
THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE. IN NO EVENT WILL ELAVON’S
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER
IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE
EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS (US $25.00) OR (B) THE VALUE OF
THE WEBSITES PURCHASED OR TO WHICH YOU SUBSCRIBE THROUGH THE WEBSITE.
THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF THIS REMEDY DOES NOT FULLY
COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE OR IF WE KNEW
OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. TO THE MAXIMUM
EXTENT PERMITTED BY LAW, THESE LIMITATIONS AND EXCLUSIONS APPLY TO ANYTHING OR
ANY CLAIMS RELATED TO THESE TERMS OR THE WEBSITE.
You will defend, indemnify, and hold Elavon and any affiliated entity or
individual harmless from any and all liabilities, costs, and expenses,
including reasonable attorneys’ fees, related to or in connection with (a) the
use of the Website or any content, message, or information you provide or
transmit on or through this Website; (b) your violation of any of these Terms;
(c) your violation of any third party right, including without limitation any
right of privacy, publicity rights, or intellectual property rights; (d) your
violation of any law, rule, or regulation of the United States, Canada, or any
other country; or (e) any other party’s access and use of the Website with
your unique username, password, or other appropriate security code.
12. Force Majeure.
Neither Elavon nor you will be responsible for damages or for delays or
failures in performance resulting from acts or occurrences beyond our or your
reasonable control, including, without limitation: fire, lightning, explosion,
power surge or failure, water, acts of God, war, revolution, civil commotion
or acts of civil or military authorities or public enemies: any law, order,
regulation, ordinance, or requirement of any government or legal body or any
representative of any such government or legal body; or labor unrest,
including without limitation, strikes, slowdowns, picketing, or boycotts;
inability to secure raw materials, transportation facilities, fuel or energy
shortages, or acts or omissions of other common carriers.
Any claim relating to, and the use of, this Website and the materials
contained herein is governed by the laws of the State of Georgia. you consent
to the exclusive jurisdiction of the courts of the state of Georgia (Fulton
County) or the United States District Court for the Northern District of
Georgia. A printed version of these Terms will be admissible in judicial and
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.
These Terms set forth the entire understanding and agreement between us with
respect to the subject matter hereof. We do not guarantee continuous,
uninterrupted or secure access to the Website, and operation of the Website may
be interfered with by numerous factors outside of our control. If any provision
of these Terms is held to be invalid or unenforceable, such provision will be
struck and the remaining provisions will be enforced. You agree that these Terms
and all incorporated agreements may be automatically assigned by Elavon in our
sole discretion. Headings are for reference purposes and have no interpretive
value. Our failure to act with respect to a breach by you or others does not
waive our right to act with respect to subsequent or similar breaches. All
sections which by their context ought to survive these Terms will survive any
termination or expiration of these Terms.
To the full extent permitted by law,
the parties declare that they have required that this Agreement and all
documents related hereto, either present or future, be drawn up in the English
language only.Les parties déclarent qu’elles exigent que cette entente et tous
les documents y afférents, soit pour le présent ou l’avenir, soient rédigés en
langue anglaise seulement. To the full extent permitted by law and consistent
with valid entry into a binding agreement, the controlling language of this
Agreement is English and translations have been provided for convenience only.
To the full extent permitted by law, all correspondence and communications
between you and Elavon under this Agreement must be in the English language.
14. Additional Assistance.
If you do not understand any of these Terms or if you have any questions or
comments, you may contact us at firstname.lastname@example.org.
15. Copyright Notice.
All design, graphics, text selections, arrangements, and all software are
Copyright © 2021, Elavon, Inc. and its affiliates and licensors. ALL RIGHTS