2. User Agreement
The ESI PayOnline web site is operated by Eleos Services, INC., The ESI PayOnline web site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the ESI PayOnline web site constitutes your agreement to all such terms, conditions, and notices.
3. Acceptance of Terms
4. Access, Registration, Password and Security
At any time you provide ESI with information on our website, you agree that all such information provided will be true, accurate, current and complete information. You also agree to promptly update any such information to keep it accurate, current and complete to the extent necessary to provide the services you have requested from our on-line services. Should you provide any information that is untrue, inaccurate or incomplete, ESI may terminate your access to our website and refuse any and all current or future use of our website. ESI may also suspend or terminate your access to our website should you provide any information that we have reasonable cause to believe is untrue, inaccurate or incomplete. Whenever any portion of our website requests that you register, you may also be required to choose a password and a user name for confidentiality and security purposes. When selecting a password, make sure that you select one that is not obvious to anyone who may attempt to guess your password. You may also change your password regularly as an additional precaution. You have the responsibility of maintaining the confidentiality of the password you choose and you are fully responsible for all activities that occur under your password or account identification. You must immediately notify ESI of any unauthorized use of your password or account or any other breach of security regarding this website.
ESI IS NOT LIABLE FOR ANY LOSS OR DAMAGE THAT YOU MAY INCUR AS THE RESULT OF SOMEONE ELSE OBTAINING AND/OR USING YOUR PASSWORD OR ACCOUNT WITH OR WITHOUT YOUR KNOWLEDGE. Also, you may not use another person’s account at any time without the written permission of the account holder.
ESI, from time to time, will take certain precautions to secure this website or portions thereof. Therefore, some portions or areas of our website may be labeled as “secure” in accordance with standard practice in connection with use of such precautions with websites. However, ESI makes absolutely no guarantee that use of this website is invulnerable to security breaches and ESI makes absolutely no warranty, representation or guarantee that the use of its website is protected from all viruses, security threats or any other vulnerabilities associated with internet use.
5. Content / User Conduct – No Commercial, Unlawful or Prohibited Use
You, as a consumer or visitor, understand that you are solely and absolutely responsible for any information you post or transmit through use of this website.
You further agree to use this website only in a manner that is wholly consistent with all applicable laws and regulations. You absolutely agree that you will not use this website to solicit, distribute or otherwise disseminate or link to any unauthorized content.
Unless otherwise specified, the ESI Sites/Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the ESI Sites/Services.
As a condition of your use of the ESI Sites/Services, you will not use the ESI Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the ESI Sites/Services in any manner that could damage, disable, overburden, or impair any ESI Sites/Servicess (or the networks) connected to any ESI Sites/Services or interfere with any other party’s use. You may not attempt to gain unauthorized access to any ESI Sites/Services, other accounts, computer systems or networks connected to any ESI Sites/Services, through any means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the ESI Sites/Services.
The ESI Sites/Services may contain payment services and/or other message or communication facilities designed to enable you to communicate with ESI (collectively, “ESI Communication Services”). You agree to use the ESI Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using an ESI Communication Services, you will not:
Use the ESI Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Violate the legal rights of others.
Use any material or information, including images or photographs, which is made available through the ESI Sites/Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Harvest or otherwise collect information about others, including e-mail addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
ESI has no obligation to monitor the ESI Communication Services. However, ESI reserves the right to review materials posted to an ESI Communication Service and to remove any materials in its sole discretion. ESI reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. ESI reserves the right at all times to disclose any information as ESI deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ESI’ sole discretion.
6. Links to Third Party Sites
7. Liability Disclaimer
The information, software, products, and services included in or available through the ESI Sites/Services may include inaccuracies or typographical errors. Changes are periodically made to the ESI Sites/Services and to the information therein. ESI may make improvements and/or changes in the ESI Sites/Services at any time. Advice received via the ESI Sites/Services should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. ESI makes no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the ESI Sites/Services for any purpose. All such information, software, products, services and related graphics are provided “as is” without warranty of any kind. ESI hereby disclaims all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement.
8. Termination/Access Restriction
ESI reserves the right to terminate your access to any or all ESI Sites/Services and the related services or any portion thereof at any time, without notice. ESI may also terminate or suspend your access to ESI Sites/Services(s) for inactivity, which is defined as failing to log into a particular service for a period of ninety (90) days or more, as determined by ESI. Upon termination of the ESI Sites/Services, your right to use the ESI Sites/Services immediately ceases.
This agreement is governed by the laws of the State of Kansas, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Swedgwick County, Kansas, U.S.A. in all disputes arising out of or relating to the use of the ESI Sites/Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ESI as a result of this agreement or use of the ESI Sites/Services. You agree to indemnify and hold ESI, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the ESI Sites/Services. ESI’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ESI’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the ESI Sites/Services or information provided to or gathered by ESI with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimer and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ESI with respect to the ESI Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ESI with respect to the ESI Sites/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
10. Additional Terms
You represent and warrant that: (1) you are at least 18 years of age or the age required or allowed under applicable law for making a legal and binding contract; (2) all information that you submit is true and accurate; and (3) you are an individual (or in the case of an entity, an agent of the entity) authorized to use the designated Payment Method. You agree to pay for all charges (including charges by other persons) and to comply with your responsibilities and obligations as stated in this agreement. If you are an agent of an entity user, you represent and warrant that you are duly authorized to legally bind the entity to all terms and conditions of this agreement and that you have made the entity aware of them. ESI may: (1) generate print copies of its electronic records and introduce them in evidence as original documents; and (2) prove your agreement or consent in any manner, including without limitation, by showing that a procedure existed by which you must have provided consent or engaged in conduct to obtain the applicable services.
11. Consumer Disclosures and Consents for Electronic Information
All information that ESI is required by law to send to you regarding the subscriptions, services and other items provided to you under this agreement, including any billing and payment information (collectively referred to as “required information”), and any other information provided to you from ESI, may be provided to you in electronic form. ESI may provide all required information to you in electronic form either: (1) via e-mail at the e-mail address you specify during your sign-up for services or other items under this agreement; (2) by access to a ESI web site that will be designated in an e-mail notice sent to you at the time the information is available; or, (3) to the extent permissible by law, by access to a ESI web site that will be generally designated in advance for such purpose.
12. Requesting Copies of Records
ESI is not responsible for keeping records previously provided to you in electronic form by ESI. However, ESI may provide you the requested information, if available, in other forms. ESI may charge a reasonable fee for providing such information.
13. Consent to Receive Information in Electronic Form
You agree that by accepting the terms in this agreement, you consent to receive requested information, and any other information provided to you from ESI, by electronic communication. You also confirm that your computer satisfies the hardware and software requirements for receiving, accessing, displaying, printing, and storing copies of such required information, and you confirm that you have provided ESI a current e-mail address for receiving required information. You may withdraw your consent or update your e-mail address by calling or by writing to ESI at the address provided on the “contact us” page of this web site. If you withdraw this consent, ESI may terminate any services or other items provided to you under this agreement.
We will refund any charge made in error.