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ELFA Online Disclaimer

LEGAL NOTICES and TERMS OF USE

Last revised as of October 17, 2012


Agreement to be Bound.

By accessing a site, continuing to access a site, or downloading materials from a site, you agree to abide by the terms of use described in this notice. If you do not agree to abide by these terms of use, do not use a site or download materials from a site.


General Information.

These are the legal notices and terms of use that apply to the domain(s) below. We refer to the website(s) accessible through the domain(s) and all related websites as "sites" and to each of them as a "site."

equipmentfinanceadvantage.com
elfaonline.org

When we refer to "we," "us," or "our," we mean Equipment Leasing and Financing Association, or the specific division, subsidiary, or affiliate that operates a site, provides its content, or processes information received through it, each as appropriate and applicable.

When we refer to "you" or "your," we mean the person accessing the site. If the person accessing the site does so on behalf of, or for the purposes of, another person, including a business or other organization, "you" or "your" also means that other person, including a business organization.


Copyrights and Other Intellectual Property.

This site is © 2000-2012 by us and we reserve all rights. You may inquire about rights to reproduce content from this site by e-mailing Amy Vogt at avogt@elfaonline.org.

ALL RIGHTS IN ALL MATERIALS POSTED ON SITES EITHER BELONG TO US OR ARE LICENSED BY US WITH THE RIGHT TO SUE AND OTHERWISE ENFORCE INTELLECTUAL PROPERTY RIGHTS IN SUCH MATERIALS. YOU MAY NOT COPY ANY MATERIAL FROM ANY SITE WITHOUT OUR EXPRESS PERMISSION IN THE FORM OF A RECORD SIGNED BY US.


Limited License.

Subject to these terms of use, we grant to you a non-exclusive, non-transferable, limited right to access the sites and the materials thereon. You may use the sites for informational purposes and in connection with the purchase of products or services from us.


No Interruption.

You agree not to interrupt or attempt to interrupt the operation of any site in any way.


Use of Materials.

We authorize you to view and download materials from the sites only for your use in connection with the purchase or evaluation of our products and services or in the exercise of any membership rights. This authorization is not a transfer of any rights in the materials other than those expressly granted. Any copies you make of the materials (including by printing or by retaining electronic copies) are subject to the following restrictions.

(1) You may not remove, or disassociate, from any of the materials any copyright or other proprietary notices contained in the materials;

(2) You may not modify, reproduce, display, perform, distribute, prepare derivative works from, or otherwise use the materials for any purpose not expressly permitted by these terms of use; and

(3) You may not transfer the materials to any other person.


Information Posted on the Site

Except as expressly requested in a site, you should not provide to us any information that you do not want published on a site or presented to other users of a site. To the extent that you provide to us any information by posting it on the site or submitting to us any information for posting on the site (including text, graphic materials, audio, or any other materials):

(1) You represent and warrant to us and to all others that access any site that you own, or possess sufficient rights in, all such information and all such parties may regard such information as publicly disclosable and, in any case, not your confidential information;

(4) We are free to use any ideas, concepts or know-how contained in such information without any compensation or remuneration to you.


CAN-SPAM, Telephone Consumer Protection Act and Similar Law.

Your use of a site establishes a business or other applicable relationship with us for purposes of CAN-SPAM, the Telephone Consumer Protection Act, and all other applicable law that addresses unsolicited commercial communications. By accessing, or continuing to access, this site, you agree that we or our agents may call, e-mail, or otherwise communicate with you regarding promotion of the sale, lease, or exchange of goods, services, real property, or any other thing of value.


Misuse of the Sites.

You may not make any statements on, or provide or post any information to, a site that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that, without due authorization, incorporates the proprietary material of another.


Disclaimer of Warranties.

THE SITES AND ALL MATERIALS AVAILABLE ON OR THROUGH THEM ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH THE USER. WE FURTHER DISCLAIM ALL IMPLIED WARRANTIES AS TO INFRINGEMENT OR MISAPPROPRIATION, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.


Revisions to Terms of Use.

We reserve the right, at our sole discretion and without any notice, to change, modify, add, or remove any portion of these terms and conditions at any time. Changes in these terms and conditions will be effective when the revised terms and conditions are posted. Your use or continued use of any site after any changes to these terms and conditions are posted will be considered acceptance of those changes. READ THESE TERMS AND CONDITIONS AND THE RELATED PRIVACY INFORMATION EVERY TIME YOU ACCESS ANY SITE TO MAKE SURE THAT YOU CONTINUE TO AGREE TO THEIR TERMS.


Changes to the Site.

We may terminate, change, suspend, or discontinue any aspect of any site, including the availability of any features of any site, at any time. We may also impose limits on certain features and services or restrict your access to parts or a site or one or more entire sites without notice or liability. We may terminate the authorization, rights, and license given above and, upon such termination, you will immediately destroy all materials that you obtained from or through the site and that are in your possession or control.


International Users.

The site is controlled, operated and administered by us or our agents from offices within the United States of America utilizing servers located in the United States of America. We make no representation that materials at this site are appropriate or available for transmission to or from, or use in, locations outside of the jurisdiction(s) stated above and accessing any site from any jurisdiction where such site's contents are illegal is prohibited. You may not use the site or export the materials in violation of import or export laws and regulations. If you access a site from a location outside of the United States, you are responsible for compliance with all local laws.


Choice of Law, Jurisdiction, and Venue.

The laws of the District of Columbia (without regard for choice of law rules) govern these terms of use, the privacy policies, and performance under them. Any suit or other action arising out of, or in any way connected with, your use of any site may be brought only in the courts of the District of Columbia or in the United States District Court for the District of Columbia. You irrevocably consent to the jurisdiction and venue of such courts.


Limitation of Actions.

You must commence any suit or other action in connection with your use of any site within one year after events giving rise to the claim or cause of action occur.


Partial Invalidity.

If, for any reason, a court of competent jurisdiction finds any provision of these terms of use or any privacy policy, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms of use and the privacy policy, and the remainder of these terms of use and the privacy policy shall continue in full force and effect.


Other Provisions

Certain areas and features of sites contain terms and conditions specific to those areas and features. Such terms and conditions are in addition to these terms and conditions and prevail over these terms and conditions and the privacy policy only to the extent it is not possible to construe these terms or the privacy policy consistently with such other terms and conditions.


Limitation of Liability

Without affecting any other limitation of liability contained in these terms of use or otherwise:

(a) IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF ANY SITE OR ANY SERVICE RELATED THERETO; and (b) IN NO EVENT WILL WE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE ANY SITE OR ANY SERVICE RELATED THERETO, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL OUR AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, EXCEED THE PRICE PAID BY YOU TO US.