Terms of Service

Last Updated: January 2021

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.

1. Privacy.

Data collection and use, including data collection and use of personally identifiable information, is governed by Elavon’s United States Privacy Policy or Canada Privacy Policy, as applicable.

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.

3. Restrictions.

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.

4. Ownership.

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 consent.

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 information.

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.

8. Notification.

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.

9. DISCLAIMERS.

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.

11. Indemnity.

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.

13. General.

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 privacypolicyinfo@elavon.com.

15. Copyright Notice.

All design, graphics, text selections, arrangements, and all software are Copyright © 2021, Elavon, Inc. and its affiliates and licensors. ALL RIGHTS RESERVED.



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