Last Updated: October 23, 2020
2. Ownership of Content. The Site and Documentation (defined below) and all of the other materials and content featured or displayed on the Site, including, without limitation, text, graphics, photographs, images, moving images, sound, and illustrations (collectively "Content"), is owned by Elavon, its licensors, vendors, agents and/or its Content providers, and all rights in and to the Site and Content are reserved. Except as otherwise set forth in these Term of Use or as permitted by applicable law, you are authorized to access and use the Site and view, play, print and download Content for informational, evaluation and testing purposes only. Except as otherwise set forth in these Term of Use or as permitted by applicable law, you shall not modify, copy, reproduce, distribute, transmit, publicly display or perform, publish, license, create derivative works from, transfer or sell any Content.
4. License to Documentation. Some Content available on the Site may relate to Elavon application programming interfaces (each an “API”), software development kits (each an “SDK”), or accessories for integrating with Elavon solutions. More specifically, such Content may include informational materials, technical specifications, sample code, or other similar documentation related to our APIs, SDKs, or accessories (collectively “Documentation”). Elavon grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Documentation for the sole purpose of learning about these APIs, SDKs, or accessories and how they can be used to integrate with applications owned or properly licensed by you (the “Applications”). You acknowledge and agree that, in order to distribute commercially or otherwise utilize in production any Application that integrates with or is dependent upon Elavon APIs, SDKs, or accessories, you will first be required to enter into an additional agreement with Elavon.
reverse engineer, disassemble, decompile, decode, or adapt the Site and Content, or otherwise attempt to derive or gain access to the source code of the Site and Content, in whole or in part;
access or attempt to access the Site or Content through any interface other than the publicly provided interfaces provided by Elavon;
use any automated means to access the Site or Content for any purpose or otherwise use any data mining, robots, spider, scraper or similar data gathering and extraction tools;
upload any material that contains viruses, malware, or other contaminants (including, but not limited to, worms, bots, logic bombs, trojans, trap doors, back doors, exploits or any self-propagating or other similar programs) that may infect, damage, disable, interfere with, intercept or expropriate the operation or another’s computer, data or other property;
remove, efface, alter, obscure, translate, combine, or otherwise change any Marks, copyright notices or any other proprietary notices on or relating to the Site, Content or Services;
frame or utilize framing techniques to enclose any Marks or other proprietary information (including images, text, page layout or form) of Elavon, its Content providers or its affiliates;
interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
create a link to the Site, including a deep-link that bypasses the Site’s home page;
rent, lease, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Site or Content on the internet or any time-sharing, service bureau, software as a service, cloud or other technology or service;
bypass any measures we may use to prevent or restrict access to the Site or Content;
request or otherwise attempt to obtain or store personal information, passwords, account information or any type of information of other users;
use the Site or Content for the purpose of: (i) benchmarking or competitive analysis; or (ii) in relation to developing, using or providing a competing software product or service; or
disguise the origin of any User Submission (defined below).
In addition, you must not create, upload, share, post or otherwise send or transmit any User Submissions (defined below) that:
violates or infringes a third party’s intellectual property rights or any other rights of a third party;
is threatening, disparaging, derogatory, unlawful, violent, abusive, libelous, obscene, lewd, pornographic, sexual in nature, profane or defamatory or otherwise offensive or that could constitute or encourage criminal conduct or give rise to civil liability, or otherwise violates any law;
contains false, misleading or inaccurate information;
poses a threat to any person or the public’s safety;
does not pertain to the subject matter of the Site;
contains advertising or promotional materials or any other form of solicitation; or
contains information relating to a third party including the name or likeness of a natural person.
Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you.
7. Test Platform. Elavon may make available on or through the Site a platform where you may test the connectivity of your Application or product to Elavon. In addition, you may be able to perform certain certification testing. When using any such test platform, you should only submit “test” or “non-production” data, including test card data. YOU SHOULD NEVER SUBMIT PRODUCTION OR NON-TEST DATA, INCLUDING PRODUCTION PAYMENT CARD DATA, TO ANY TEST PLATFORM.
You are entirely responsible for the security and confidentiality of your account and Account Credentials. Furthermore, you are entirely responsible for any and all activities that occur under your account. You will not share your Account Credentials with any third party or permit any third party to logon to or use the Site using your account or Account Credentials. You agree to immediately notify us of any unauthorized use of your account or Account Credentials or any other breach of security of which you become aware relating to the Site. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Site, Content and Services.
9. User Submissions. Portions of the Site may permit you to create, upload, share, post or otherwise transmit videos, photos, messages, feedback, recommendations, tips or other materials, items or content (“User Submissions”). To the maximum extent permitted by law, all such User Submissions shall be considered an uncompensated contribution of intellectual property to us and shall become our exclusive intellectual property. To the extent User Submissions are not owned by Elavon pursuant to the previous sentence, you agree to and do hereby expressly grant (or warrant that the owner of such materials has expressly granted) to Elavon a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide, fully sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display your User Submissions and your name, voice, and/or likeness as contained in your User Submissions, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, including promotion of the Site, Content and Services. Elavon shall be under no obligation to maintain the confidentiality of any information or ideas, in whatever form, contained in any User Submissions. Furthermore, you shall be solely responsible for your own User Submissions and the consequences of creating, uploading, sharing, posting or otherwise transmitting them.
11. Third Party Links. From time to time, the Site may contain links to other websites. All such links are provided solely as a convenience to you. If you use these links, you will leave the Site. Neither Elavon nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither Elavon 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 decide to access any other websites linked to or from the Site, you do so entirely at your own risk.
13. DISCLAIMERS. YOUR USE OF THE SITE, CONTENT AND SERVICES IS AT YOUR OWN RISK. THE CONTENT AND SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER ELAVON NOR ANY OF ITS AFFILIATES, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR SERVICES PROVIDED ON OR THROUGH THE SITE. IN ADDITION, ELAVON DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE, CONTENT OR SERVICES, AND OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. THE CONTENT AND SERVICES PROVIDED ON OR THROUGH THE SITE MAY BE OUT OF DATE, AND NEITHER ELAVON NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH CONTENT OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES AND CONDITIONS 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 SITE, CONTENT AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
14. LIMITATIONS OF LIABILITY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, 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, HOSTING, DISPLAY OR TRANSMISSION OF THE SITE, CONTENT OR SERVICES, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE OR ANY OTHER DIRECT OR INDIRECT DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, COST OF SUBSTITUTE GOODS OR SERVICES OR LOSS OF GOODWILL ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, CONTENT, SERVICES OR ANY WEBSITES LINKED TO THE SITE. YOU AGREE THAT THIS LIMITATION SHALL APPLY WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT OF ANY PROBLEM WITH THE SITE, CONTENT OR SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE, CONTENT OR SERVICES.
THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
16. Release. In the event that you have a dispute with one or more other users of the Site, you release Elavon (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute, including, without limitation, any intellectual property dispute.
19. Transmission of Personal Data. You acknowledge and agree that by providing Elavon with any personal or proprietary user information through the Site, you consent to the transmission of such personal or proprietary user information over international borders as necessary for processing in accordance with Elavon’s standard business practices.
20. Export Controls. You shall not yourself, or permit any other person to, export, re-export, or release, directly or indirectly, any Content (including Documentation) or Services, or any products or software that include or use any of the foregoing, to any country, jurisdiction, or person: (a) to which such export, re-export, or release is prohibited by applicable law; or (b) without first completing all required undertakings (including obtaining any necessary export license or other governmental approval as may be required by the U.S. Export Administration Act, the Export and Import Permits Act (Canada), their associated regulations and notices, or any other applicable law). You are solely responsible for compliance with the laws of your local jurisdiction and any other applicable laws regarding the import, export, or re-export of Content (including Documentation) or Services, or any products or software that include or use any of the foregoing.
Elavon may cooperate with any law enforcement authorities, lawful process, warrant, court order or subpoena requesting or directing us to disclose the identity of anyone utilizing the Site, Content or Services or requesting or directing us to provide any other information regarding use of the Site, Content or Services.