ELV Alliance, LLC

 2020 Terms of Use

The following terms and conditions impact your rights and should be read carefully.

This document was last updated on February 20, 2020.

By using our online payment service (“Service”), you agree to be bound by the following terms and conditions.  Children and minors (anyone under age 18) are strictly prohibited from utilizing the Service.

References to “you” or “your” means any person or entity using or accessing the Service and “ELV”, “us”, “we”, or “our” applies to ELV Alliance, LLC.

  1. USE OF SERVICE.

(A)  Use of the Service is granted to legally authorized individuals of the provider to make payments to ELV Alliance, LLC on the provider’s behalf for monthly subscription fees and/or other services rendered.

(B)  Authorized Users may use the Service to make payments in accordance with the terms set forth herein.

(C)  By using the Services, Authorized Users authorize ELV, its designees, and the authorized user’s school to share information in connection with operation of the Service.  You warrant that information provided by you does not violate the rights of any third party or any agreement or obligation you have.

(D)  Your use and access of the web site (including submission of information and use of the Services) shall not: (i) be false, inaccurate or misleading; (ii) be fraudulent; (iii) violate the terms of your agreement with your credit card company (including, without limitation, providing yourself a cash advance or helping others to do so), (iv) violate any law, statute, ordinance, contract or regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, antidiscrimination, or false advertising); (v) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (vi) be obscene or contain child pornography; (vii) contain any viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or other personal information; or (viii) create liability for us or cause us to lose (in whole or in part) the services of our ISP’s or other suppliers.  You agree that you will not use any device, software, or routine to bypass any security feature, or to interfere or attempt to interfere with the proper working of our website, the Services, or any activity conducted on our website.  You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.  If you use, or attempt to use the Service for purposes other than as allowed herein, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of the Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.

(E)  ELV reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website or any part thereof with or without notice.  You agree that ELV will not be liable to you or any third party for any modification, suspension or discontinuance of the site.

  1. PAYMENTS (A) You may make payments by using a credit card accepted by us.  Payments may also be made electronically utilizing an Automated Clearing House (ACH) account.
  2. AUTOMATIC PAYMENTSI understand that if I select the recurring payment option on the website that I am authorizing ELV Alliance to debit my checking/savings/credit card account as indicated on the web site for tuition and related fees.  The authorization is to remain in full force and effect until I contact ELV Alliance at 844-293-2820 to terminate or modify this authorization and ELV Alliance has a reasonable opportunity to act on such notice.  ELV Alliance retains the right to cancel this agreement at any time.

I agree to pay a fee of $35 fee for all payments returned.

  1. FEES Other than the receipt of payments made by you neither the school district, nor the school, or any individuals employed by the school district profit from this Service.
  2. REFUNDS.  If it’s deemed that an over payment has been made to ELV Alliance by the provider, ELV will notify the provider and issue a refund for the over payment amount, or credit the provider’s account for the following month’s charges.
  3. REQUIREMENTS.  Services may be accessed via the Internet.  You are solely responsible for the equipment, software and communication services to access the Internet.
  4. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

(A)  OUR WEB SITE, ANY INFORMATION PROVIDED THEREIN, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.   YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE WEBSITE IS AT YOUR OWN RISK.  ELV MAKES NO WARRANTY AND DISCLAIMS LIABILITY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR FREE FROM VIRUSES OR OTHER DEFECTS OR HARMFUL COMPONENTS, NOR DOES ELV MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE.  ELV MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

(B)  EXCEPT AS SPECIFIED HEREIN, WE WILL MAKE REASONABLE EFFORTS TO ENSURE THAT YOUR REQUESTS FOR ELECTRONIC DEBITS AND CREDITS ARE PROCESSED IN A TIMELY MANNER.  OTHER THAN THE FOREGOING SENTENCE, NEITHER ELV, ITS DESIGNEES, EMPLOYEES, AGENTS, OR AFFILIATES WILL BE LIABLE FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES OR INJURY RESULTING FROM ANY FAILURE OF PERFORMANCE OF THE FACILITIES, ERROR, OMISSION, INACCURACY, INTERRUPTION, DEFECT, UNTIMELINESS OR UNAUTHENTICITY OF ANY INFORMATION, DELAY OR INTERRUPTION IN OPERATION OR TRANSMISSION, INTERCEPTION OF TRAFFIC SENT OR RECEIVED, COMMUNICATION LINE FAILURE, SECURITY BREACH, EAVESDROPPING, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF INFORMATION, OR THE USE OF THE FACILITIES.

(C)  IN NO EVENT WILL ELV, ITS DESIGNEES, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY PUNITIVE DAMAGES, OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR SIMILAR DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES.  IN ALL CASES ELV’s MAXIMUM LIABILITY SHALL NOT EXCEED THE LESSER OF YOUR ACTUAL, DIRECT DAMAGES RESULTING FROM ELV’s BREACH OR THE AMOUNT PAID TO ELV RELATED TO THE BREACH.

(D)  THE LAWS OF SOME STATES PROHIBIT THE DISCALIMER OF CERTAIN WARRANTIES AND/OR THE LIMITATION OF CERTAIN REMEDIES.  TO THE EXTENT REQUIRED BY APPLICABLE LAW, SOME OR PART OF PARAGRAPH 6 MAY NOT APPLY TO YOU AND ELV’s LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

  1. PRIVACY.  ELV may collect information about you and your use of the Service.  Use and disclosure of such information is governed by the Privacy Statement located below and on our website.
  2. TERMINATION.You may discontinue your participation in and access to the Services at any time; however, this Agreement will continue to apply to all of your past use of the Services.  Your termination will not affect pending or prior transactions.  ELV may immediately terminate this Agreement without notice, including, but not limited to, if you engage in any conduct which we, in our sole discretion, consider to be unacceptable, or if you breach any of the terms and conditions set forth herein.  You agree that upon termination or discontinuation for any reason, we may delete all information relating to you on the ELV website and may bar your access to the website and use of the Services.
  3. TRADEMARKS.  All related logos, products and services described in the ELV website are trademarks or registered trademarks of ELV, its partners or affiliates.  The ELV website is the property of ELV and may contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound.  The content, and the selection, coordination, arrangement and enhancement of such content, are the property of their respective owner.  You may not modify, copy, record, publish, transmit, distribute, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content in whole or in part.
  4. INDEMNIFICATION.  You agree to defend, indemnify and hold ELV and its affiliates, officers, employees, agents, partners, and contractors, harmless from and against all claims, expenses and damages, including reasonable attorneys’ fees, arising out of or resulting, directly or indirectly, from any act or omission by you with respect to the Service, a payment or the provider.
  5. MISCELLANEOUS TERMS.

(A)  Entire Agreement.  These terms and conditions of use, as well as the attached Privacy Statement, located on the ELV website constitutes the entire agreement between you and us with respect to your use of the Service, and supersede all previous written or oral agreements between the parties with respect to such subject matter.

(B)  Change in Terms.  ELV reserves the right at any time to change, add to or delete any aspect or feature of the Service and the terms and conditions herein, and such change(s) will be effective after being posted on the ELV website.  We will provide notice of any such changes by posting a notice to the website or as otherwise required by law.  Any use of the Service by you after such notice shall be deemed to constitute acceptance by you of such changes.

(C)  Applicable Laws.  This Agreement is governed by the laws of the state of Colorado without regard to its conflict of laws provisions. Any suit or other legal proceeding arising out of or related to these terms and conditions shall be brought exclusively in a court of competent jurisdiction sitting in Arapahoe County, Colorado.

(D)  Waiver.  Any waiver of our rights must be in writing and signed by a duly authorized officer of ELV.  No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

(E)  Communications.  You agree that this Agreement constitutes “a writing signed by You” under any applicable law or regulation.  To the fullest extent permitted by applicable law, these terms and conditions, notices or other communications regarding your use of the Service (“Communication”) may be provided to you electronically and you agree to receive Communications from us in electronic form.  Electronic Communications may be posted on the pages within our website and/or delivered to your e-mail address, whether or not actually received by you.

(F)  Notices.  Except as provided above, notices required or allowed hereunder shall be given in writing and sent (a) from you to us by mail to: ELV Alliance, LLC located at 18 Inverness Place E., Englewood, CO 80112; and (b) from us to you by e-mail to the address you provided us, or by mail to the address you provided to us, at our option.  Electronic notices shall be deemed received 24 hours after being sent unless a party is aware that it was not received.  Postal notices shall be deemed received 3 days after mailing to the address stated above, postage prepaid.

(G) Modifications; Severability.  We reserve the right to make changes to the website, Services, these terms and conditions of use as well as the Privacy Statement at any time. If any terms are deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

 

ELV Alliance, LLC

Privacy Statement

This document was last updated on February 20, 2020.

By using our online payment service or our website (“Services”), you agree to be bound by the following terms and conditions.  Children and minors (anyone under age 18) are strictly prohibited from utilizing the Service.

References to “you” or “your” means any person or entity using or accessing the Service and ELV”, “us”, “we”, or “our” applies to ELV Alliance, LLC.

Privacy Statement

The privacy of the consumers who use this site is of utmost importance to us.  We respect your privacy and have instituted and enforce policies to ensure that your personal information is handled safely and responsibly.  Personal information means any information that uniquely identifies you as an individual such as name, address, phone number, or email address and any financial information such as credit card and bank account numbers.

Information Collected and its Use

When you visit our site, we automatically capture your browser type, browser version and Internet provider as well as the paths that you take as you move from page to page.  None of this information is retained in such a way as to identify you as an individual.  This is for internal statistical reporting only and may be used to improve the content and layout of our website.

Personal information that you provide voluntarily is collected in order to complete your payment transaction.  This may include information such as your name, address, phone number, email address and data associated with your payment method (credit card or bank account information).  We also capture the Internet Protocol (IP) address used to connect your computer to the Internet.  This is retained and used only in the event that there are issues relating to the origin of a payment transaction.  Additionally, we may ask you to send us additional information (for example, additional forms of identification) by a variety of methods (for example, by e-mail, through our website, by phone, or fax) so that we can verify information you have provided to us, prevent fraud, or otherwise protect the integrity of our services.  We may also collect and retain correspondence (including e-mail, letters, and faxes) you send to us and we send to you.

Your personal information is not sold or shared with anyone for any purpose other than to process and achieve successful completion of your payment transaction, verify and account for such transactions, provide customer service (including improving our products and services), enforce our agreements with you, and resolve disputes concerning transactions.  Identifiable information is shared only with those parties entrusted with the processing of your payment, which include our credit card processors, your credit card company and/or bank, and your student’s school.  Additionally, we may provide identifiable information to third parties so we may verify your information, enforce our agreements, prevent fraud, or otherwise protect the integrity of our services.  We may fully use and disclose aggregated data, which is data not tied to personally identifiable information.

Choices regarding entry of personal information

Other than automatically captured data, as noted above, the entry of your personal information is strictly voluntary.  However, certain information is required if you choose to complete a payment using the website or our services, and you cannot use our services without providing required information.

Commitment to Data Security & Confidentiality

We are committed to protecting the personal information that we collect.  Secure Sockets Layer (SSL) protocol, an industry standard for transmitting data securely over the Internet, is used to encrypt the information before it is transmitted to us.  Once we receive the information, your data is protected through a combination of strictly enforced procedures and a secured computer network designed in accordance with best practice guidelines.

We restrict our employees’ access to nonpublic personal information about you to those individuals who need to know that information to provide products or services to you.

Other Important Information

This Statement may be changed, modified or amended at any time.  However, such changes will not include the selling of personally identifiable information collected prior to the change or provision of personally identifiable information collected prior to the change to a third party, except as specified herein, as required by law, or with your written consent.  Updates will be posted to our website.  You are responsible for revisiting the page to review any updates.

Our site may have links to third party websites. These sites are governed by their own privacy policies (if any), and we are not responsible for their operations, including their information practices.

If you cease to use the Service, our information practices in this Statement, as amended from time to time, will continue to apply.

If you have any concerns or questions regarding this Statement, you may contact us at 844-293-2820.

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