Terms
ELAVON Site Terms and Conditions
PLEASE READ THE FOLLOWING AGREEMENT WHICH GOVERNS YOUR USE OF THIS WEBSITE, CURRENTLY LOCATED AT ELAVON.COM/ACQUIRING/COSTCO-CANADA/ (THE "WEBSITE"), WHICH IS OWNED AND OPERATED BY ELAVON, INC. ("ELAVON"). THE TERMS AND CONDITIONS SET FORTH HEREIN APPLY TO ALL MATERIALS, ONLINE COMMUNICATIONS, ONLINE CUSTOMER SERVICE PROVIDED BY ELAVON, AND OTHER CONTENT AND MATERIALS THAT ARE OR BECOME AVAILABLE ON THIS WEBSITE (COLLECTIVELY, THE "CONTENT"). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING THIS WEBSITE.
BY SIGNING ON AND USING THIS WEBSITE, YOU SPECIFICALLY AGREE TO EACH OF THE PROVISIONS OF THE FOLLOWING AGREEMENT.
1. Usage Restrictions.
This Website is owned and operated by ELAVON. No material from this Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of ELAVON's copyright and other proprietary rights. For purposes of this Agreement, the use of any such material on any other website or networked computer environment is prohibited.
2. External Links.
This Website may contain links to other websites. ELAVON provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ELAVON of the site. These linked sites are not under the control of ELAVON and ELAVON is not responsible for the availability or content of any linked site. Any concerns regarding any external link should be directed to the respective website, rather than to ELAVON.
3. Disclaimer of Warranties.
THIS WEBSITE, AND ITS CONTENT ARE PROVIDED ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, ELAVON DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ELAVON DOES NOT WARRANT THAT ANY CONTENT ON THIS SITE IS COMPLETE OR ACCURATE, THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY CONTENT IS FREE OF DISABLING DEVICES (AS HEREINAFTER DEFINED). A "Disabling Device" is defined as any software, document, message or other material which contains a computer virus, worm, trojan horse, timebomb or other device which may erase, scramble, lock or disable computer software or equipment or may prevent users from using a website or any other item of hardware or software.
4. Limitation of Damages.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL ELAVON BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THIS WEBSITE OR ITS CONTENT, BY YOU OR ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON SUCH CONTENT, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETION OF FILES, DISABLING DEVICES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF CONTENT, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE.
5. Indemnification.
You agree to indemnify Elavon from and against any and all liabilities, expenses (including reasonable attorneys' fees) and damages arising out of claims resulting from your breach of this Agreement, for infringement of a third party's intellectual property rights or from any third party suit related to your use or misuse of the Content.
6. Jurisdiction.
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable in the Province of Ontario. If you choose to access this Website outside of that jurisdiction through your own initiative, you are responsible for compliance with local laws, if and to the extent local laws are applicable. You hereby consent that any legal action or proceeding between you and Elavon arising out of your accessing and use of this Website shall be brought exclusively in a federal or provincial court of competent jurisdiction sitting in the Province of Ontario.
7. Third Party Content, Copyrights and Trademarks.
Elavon may distribute content supplied by third parties on the Website. Any opinions, advice, statement, services, offers, or other information or content expressed or made available by third parties, including information providers or any other users of the Website, are those of the respective author(s) or distributor(s) and not of Elavon. This Website, including its "look and feel" attributes, are copyrighted by Elavon and/or its affiliates, with all rights reserved. All advertisements are copyrighted by their respective companies with all rights reserved. This site contains Elavon and third party content, which is protected by copyrights held by Elavon or such third parties, with all rights reserved. All Elavon products are trademarks and/or service marks of Elavon and/or its affiliates. Other brand and product names found on this site may be the trademarks of third parties, with all rights reserved.
8. Privacy.
See the Privacy Policy for information relating to the use and disclosure of your information.
9. General.
Elavon shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but limited to, content, hours of availability and equipment and/or software required for access to or use of this Website. Elavon may also change the terms and conditions set forth in this Agreement at any time and any subsequent use of the Website by you constitutes your agreement to such changed terms and conditions. Any rights not expressly granted herein are reserved to Elavon.
10. Other.
This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any principles of conflicts of law. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.