This agreement is in effect as of Jan 27, 2016.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications.Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Responsible Use and Conduct
By visiting our website and accessing the information, resources, services,products, and tools we provide for you, either directly or indirectly(hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement,and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate,correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources.Accordingly, you are responsible for all activities that occur under your account/s.
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources,including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i. Is illegal, threatening, defamatory, abusive, harassing, degrading,intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
Iii. Contains any type of unauthorized or unsolicited advertising;
Iiii. Impersonates any person or entity, including any ElmPayments.com employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
i. You agree to indemnify and hold harmless ElmPayments and its parent companyand affiliates, and their directors, officers, managers, employees, donors,agents, and licensors, from and against all losses, expenses, damages andcosts, including reasonable attorneys’ fees, resulting from any violation ofthis User Agreement or the failure to fulfill any obligations relating to youraccount incurred by you or any other person using your account. We reserve theright to take over the exclusive defense of any claim for which we are entitledto indemnification under this User Agreement. In such event, you shall provideus with such cooperation as is reasonably requested by us.
Limitation of Warranties
By using our website, you understand and agree that all Resources we provideare “as is” and “as available”. This means that we do notrepresent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free fromerrors.
iii) the information obtained by using our Resources will be accurate orreliable, and
iv) any defects in the operation or functionality of any Resources we provide willbe repaired or corrected.
Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of ourResources is done at your own discretion and risk, and that you are solelyresponsible for any damage to your computer or other devices for any loss ofdata that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written,obtained by you from ElmPayments or through any Resources we provide shall createany warranty, guarantee, or conditions of any kind, except for those expresslyoutlined in this User Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, youexpressly understand and agree that any claim against us shall be limited tothe amount you paid, if any, for use of products and/or services. ElmPayments will not be liable for any direct, indirect, incidental, consequential orexemplary loss or damages which may be incurred by you as a result of using ourResources, or as a result of any changes, data loss or corruption,cancellation, loss of access, or downtime to the full extent that applicablelimitation of liability laws apply.
All content and materials available on ElmPayments.com, including but not limitedto text, graphics, website name, code, images and logos are the intellectualproperty of ElmPayments, and are protected by applicable copyright and trademarklaw. Any inappropriate use, including but not limited to the reproduction,distribution, display or transmission of any content on this site is strictlyprohibited, unless specifically authorized by ElmPayments.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your accessto all or part of our website and Resources with or without notice and for anyreason, including, without limitation, breach of this User Agreement. Anysuspected illegal, fraudulent or abusive activity may be grounds forterminating your relationship and may be referred to appropriate lawenforcement authorities. Upon suspension or termination, your right to use theResources we provide will immediately cease, and we reserve the right to removeor delete any information that you may have on file with us, including anyaccount or login information.
This website is controlled by ElmPayments. It can be accessed by most countriesaround the world. By accessing our website, you agree that the statutes andlaws of our state, without regard to the conflict of laws and the UnitedNations Convention on the International Sales of Goods, will apply to allmatters relating to the use of this website and the purchase of any products orservices through this site.
Furthermore, any action to enforce this User Agreement shall be brought in thefederal or state courts You hereby agree to personal jurisdiction by suchcourts, and waive any jurisdictional, venue, or inconvenient forum objectionsto such courts.
UNLESS OTHERWISE EXPRESSED, ElmPayments EXPRESSLY DISCLAIMS ALL WARRANTIES ANDCONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITEDTO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE AND NON-INFRINGEMENT.
If you have any questions or comments about these our Terms of Service asoutlined above, you can contact us at: