Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") are a binding legal agreement between you ("you, " "your, " "User, " or "Applicant") and Elite Merchant Solutions and Elite 2A Pay (a wholly owned subsidiary of Elite Merchant Solutions., e.g., Elite 2A Pay, LLC, a Texas limited liability company , doing business as Elite 2A Pay ("Elite 2A Pay, " "Company, "we, "us, " or "our"), governing your access to and use of https://elite2apay.com and any subdomains, landing pages, forms, portals, applications, and related content or services we make available (collectively, the "Site").

By accessing, browsing, or using the Site, submitting any form, requesting a quote, or otherwise communicating with us through the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated here by reference. If you do not agree, do not use the Site.

PLEASE READ SECTION 18 CAREFULLY. IT CONTAINS A BINDING ARBITRATION PROVISION, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER THAT AFFECT YOUR LEGAL RIGHTS.

2. Eligibility and Authority

You represent and warrant that:

You are at least 18 years of age and have the legal capacity to enter into a binding contract.

You are accessing the Site from within the United States or a jurisdiction where doing so is lawful, and you are not located in, organized under the laws of, or ordinarily resident in any country or region subject to comprehensive U.S. sanctions.

You are not listed on any U.S. government restricted party list, including the Specially Designated Nationals and Blocked Persons List maintained by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC), the Denied Persons List, or the Entity List.

If you use the Site on behalf of a business or other entity, you have full authority to bind that entity to these Terms, and "you" refers to both you individually and that entity.

All information you provide to us is true, accurate, current, and complete, and you will promptly update it if it changes.

The Site and our services are intended for business and commercial use by lawful firearms-industry and related businesses. They are not intended for personal, family, or household purposes.

3. What We Are and What We Are Not

This is important. Please read it carefully.

3.1 We Are Not a Bank

Elite 2A Pay is not a bank, a federally or state-chartered depository institution, a money transmitter, or a credit union. We do not take deposits, hold funds on your behalf, or issue credit.

3.2 Our Role

Elite 2A Pay operates as an independent sales organization, payment facilitator referral partner, agent, and/or reseller (as applicable to the specific product) that markets, sells, and services payment acceptance products and merchant accounts. Merchant accounts, payment processing, and settlement of funds are provided by and through one or more sponsoring acquiring banks, processors, gateways, and other third parties (collectively, "Processing Partners"), each of which is an independent entity.

3.3 The Site Does Not Create a Processing Relationship

Nothing on the Site, and no quote, estimate, proposal, rate sheet, statement analysis, application, or communication from us, constitutes an offer to provide payment processing services or an approved merchant account. No merchant account, payment processing, gateway, equipment, or other service is provided to you unless and until:

(a) you submit a complete application; (b) the application is approved through underwriting by the applicable Processing Partner in its sole discretion; and (c) you execute the applicable Merchant Processing Agreement, Program Guide, Terms and Conditions, and/or equipment or software agreements (collectively, the "Merchant Agreement").

3.4 The Merchant Agreement Controls

The Merchant Agreement, together with the operating regulations, bylaws, and rules of the applicable card networks (including Visa, Mastercard, American Express, and Discover) and NACHA rules for ACH transactions (collectively, "Network Rules"), governs your payment processing relationship. In the event of any conflict between these Terms and the Merchant Agreement with respect to payment processing services, the Merchant Agreement controls. These Terms govern your use of the Site.

3.5 No Guarantee of Approval, Pricing, or Continuity

Approval is never guaranteed. Rates, fees, interchange, reserves, funding timelines, processing limits, approval timelines, and account terms are subject to underwriting review and to the policies of the Processing Partners, the card networks, applicable law, and your business model, sales channels, product categories, credit profile, processing history, and chargeback exposure. Any timeframes, rates, savings figures, or approval estimates described on the Site are illustrative only, are not commitments, and may change without notice.

3.6 Marketing Statements

Statements on the Site describing our specialization, our banking relationships, our commitment to the firearms community, or our approach to account stability are expressions of our business philosophy and general practice. They are not warranties, guarantees, or contractual commitments regarding the approval, pricing, continuation, availability, funding, or non-termination of any merchant account. Any Processing Partner, acquiring bank, or card network may suspend, hold funds from, place reserves on, review, or terminate a merchant account in accordance with the Merchant Agreement, the Network Rules, and applicable law, and Elite 2A Pay does not control those decisions.

4. Firearms Industry Compliance and Merchant Responsibility

4.1 Lawful Businesses Only

We support lawful, properly licensed firearms and firearms-related businesses. You represent and warrant on an ongoing basis that your business and every transaction you process:

complies with all applicable federal, state, county, and municipal laws, regulations, and ordinances, including without limitation the Gun Control Act of 1968, the National Firearms Act, the Arms Export Control Act, the International Traffic in Arms Regulations (ITAR), the Export Administration Regulations (EAR), and all regulations of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); is conducted under all licenses, permits, and registrations required for your business, including any Federal Firearms License (FFL), Special Occupational Tax (SOT) status, state dealer license, or ITAR/DDTC registration, each of which you will keep current and in good standing; complies with all applicable age verification, background check, waiting period, transfer, shipping, recordkeeping, and interstate commerce requirements; complies with all applicable Network Rules, including any merchant category code (MCC) assignment, product restriction, and prohibited transaction rules; and does not involve any prohibited, restricted, or unlawful product, service, recipient, or destination.

4.2 Prohibited and Restricted Activity

You may not use the Site, or any service obtained through us, in connection with any of the following:

transactions that are unlawful in the jurisdiction of the buyer, the seller, or the point of delivery; sales to prohibited persons, straw purchases, or transactions structured to evade background checks, transfer requirements, or reporting obligations; unlicensed dealing in firearms or unlicensed manufacture of firearms or ammunition; unlawful export, re-export, or transfer of controlled items, technical data, or defense articles; sales of items prohibited by applicable law or by the applicable Network Rules or Processing Partner policy; transaction laundering, factoring, aggregation, or processing transactions on behalf of any third party or any business other than the one approved in underwriting; misrepresenting the nature, products, sales channels, or ownership of your business to us, to any Processing Partner, or to any card network; any fraudulent, deceptive, or abusive practice, including deceptive advertising, undisclosed recurring billing, or bait-and-switch pricing; money laundering, terrorist financing, sanctions evasion, or any transaction with a sanctioned party or jurisdiction; or any other activity prohibited by the Merchant Agreement, the Network Rules, or applicable law.

4.3 You Are Solely Responsible for Compliance

Elite 2A Pay does not provide legal, regulatory, tax, accounting, or compliance advice. Content on the Site regarding FFL requirements, underwriting expectations, chargeback prevention, banking access, PCI DSS, or industry regulation is general educational information only, is not tailored to your circumstances, may not reflect current law, and must not be relied upon as legal or compliance advice. You are solely responsible for determining and satisfying your own legal and regulatory obligations, and you should consult qualified counsel.

4.4 Compliance Assistance Is Not Certification

Any assistance we provide regarding PCI DSS compliance, self-assessment questionnaires, scanning, chargeback response, or documentation is provided as support only. We do not certify, validate, or guarantee your compliance with PCI DSS, the Network Rules, or any law. Responsibility for compliance, including the security of cardholder data in your environment, remains solely with you.

5. Applications, Underwriting, and Consumer Reports

5.1 Information You Submit

When you request a quote, submit a statement for analysis, or apply for an account, you agree to provide accurate and complete business and personal information, which may include legal entity details, ownership and beneficial ownership information, tax identification numbers, Social Security numbers of principals, government-issued identification, bank account information, licensing documentation, and processing statements.

5.2 Authorization to Investigate

By submitting an application or inquiry, you authorize Elite 2A Pay, its Processing Partners, and their respective agents to obtain, review, and exchange information about you and your business, including consumer reports, credit reports, business credit reports, bank references, identity verification data, sanctions and watchlist screening, and inquiries with the card networks' terminated merchant databases (including MATCH and the Consortium Merchant Negative File). This authorization applies to the business and to each principal, owner, officer, and personal guarantor who signs or is identified in the application, and continues for as long as any account or obligation remains outstanding.

5.3 Adverse Action

If an application is declined based in whole or in part on information in a consumer report, you may be entitled to notice under the Fair Credit Reporting Act. Requests for information about a decline should be directed to support@elitedatacorp.com.

5.4 No Obligation

We may accept, decline, or discontinue processing any application or inquiry for any lawful reason or no reason, in our sole discretion.

6. Quotes, Estimates, and Statement Analyses

Quotes, savings estimates, rate comparisons, and statement analyses are prepared based on information you supply and on assumptions about interchange, assessments, transaction mix, average ticket, volume, and card-present versus card-not-present ratios. They are non-binding estimates, expire on the date stated (or 30 days from issuance if no date is stated), and do not constitute an offer or guarantee of pricing. Actual costs will vary based on your actual processing activity, interchange and network fees (which are set by the card networks and change periodically), and the final terms of your Merchant Agreement.

7. Equipment, Software, POS, and Third-Party Integrations

7.1 Third-Party Products

Terminals, point-of-sale systems, gateways, inventory platforms, e-commerce plugins, marketplaces, and other integrations referenced on the Site are the products of independent third parties. References to compatibility, integration, or partnership are for identification only and do not imply endorsement, sponsorship, affiliation, or certification by those third parties, or by us of those third parties.

7.2 Third-Party Terms

Your use of any third-party product is governed by that third party's own terms, licenses, and privacy practices. We are not responsible or liable for third-party products or services, their availability, functionality, security, pricing, changes, discontinuation, or for any act or omission of any third party, including any Processing Partner, gateway, marketplace, or POS provider.

7.3 Equipment Terms

Any equipment purchase, rental, lease, or financing is subject to a separate written agreement. Leases may be non-cancelable and may be assigned to a third-party lessor. Please review those documents carefully before signing.

8. License to Use the Site and Acceptable Use

8.1 Limited License

Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Site for your internal business purposes and to evaluate our services.

8.2 Restrictions

You will not, and will not permit any third party to: copy, reproduce, republish, distribute, sell, license, sublicense, or create derivative works from any part of the Site except as expressly permitted; use any robot, spider, scraper, crawler, data-mining tool, or other automated means to access, monitor, index, or copy the Site or its content, except for search engine crawlers acting in accordance with our robots.txt; use the Site or any content to train, fine-tune, or develop any machine learning or artificial intelligence model without our prior written permission; reverse engineer, decompile, disassemble, or attempt to derive source code from the Site; probe, scan, or test the vulnerability of the Site or any related system or network, or breach or circumvent any security, authentication, or rate-limiting measure; interfere with or disrupt the Site or its servers, including through denial-of-service attacks, malware, or excessive request volume; submit false, misleading, fraudulent, or third-party information through any form, or submit any form on behalf of a person who has not authorized you to do so; harvest, collect, or use email addresses, phone numbers, or other contact information from the Site for solicitation purposes; frame, mirror, or use meta tags or hidden text incorporating our trademarks; or use the Site for any unlawful, harassing, defamatory, threatening, or otherwise objectionable purpose.

8.3 Enforcement

We may investigate suspected violations, restrict or terminate access to the Site, and refer matters to law enforcement, in each case without notice and without liability to you.

9. Intellectual Property

9.1 Our Rights

The Site and all content on it, including text, graphics, logos, icons, images, audio, video, software, page layouts, design elements, compilations, rate structures, checklists, guides, and educational materials (collectively, "Content"), are owned by or licensed to Elite 2A Pay and are protected by U.S. and international copyright, trademark, trade dress, patent, and other intellectual property laws. All rights not expressly granted are reserved.

9.2 Trademarks

"Elite 2A Pay, " our logos, and our taglines are trademarks or service marks of the Company. Third-party names and marks appearing on the Site are the property of their respective owners and are used for identification purposes only.

9.3 Feedback

If you send us suggestions, ideas, feedback, testimonials, reviews, or other materials ("Submissions"), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable, transferable license to use, reproduce, modify, publish, distribute, and display those Submissions for any purpose, including marketing, without compensation, attribution, or confidentiality obligation. You represent that you own or control all rights in your Submissions and that they do not violate any third-party right or any law.

9.4 Testimonials and Results

Testimonials, case studies, reviews, and results shown on the Site reflect the experience of specific merchants under specific circumstances. They are not typical, not guaranteed, and not a promise or prediction of the results you will obtain. Individual results vary.

9.5 DMCA Notice

If you believe content on the Site infringes your copyright, send a written notice containing the elements required by 17 U.S.C. Section 512(c)(3) to our designated agent:

or via email support@elitedatacorp.com .

We will respond in accordance with the Digital Millennium Copyright Act and may terminate the access of repeat infringers.

10. Communications, Calls, and Text Messages

10.1 Consent to Contact

By submitting your phone number through any form on the Site, or by otherwise providing it to us, you expressly consent to receive calls and text messages from Elite 2A Pay and its authorized agents at that number, including calls and texts delivered using an automatic telephone dialing system, an artificial or prerecorded voice, or automated texting technology, for purposes including responding to your inquiry, discussing your application or account, and marketing our products and services. Consent is not a condition of purchase. Message and data rates may apply from your carrier.

10.2 SMS Program Terms

Message frequency varies. Reply STOP to any message to opt out of text messages and HELP for assistance, or contact us at support@elitedatacorp.com or by mail at the address provided in Section 22. Carriers are not liable for delayed or undelivered messages. Opting out of texts does not opt you out of transactional emails or servicing calls where permitted by law.

10.3 Email

By providing your email address, you consent to receive transactional and marketing email from us. Every marketing email includes an unsubscribe link. You may also email support@elitedatacorp.com to unsubscribe.

10.4 Call Recording and Monitoring

Calls to and from Elite 2A Pay may be monitored or recorded for quality assurance, training, compliance, and recordkeeping purposes. By continuing a call after being notified, you consent to that monitoring and recording. If you do not consent, please tell the representative or communicate with us in writing.

10.5 Electronic Records and Signatures

You consent to receive notices, disclosures, agreements, and other communications from us electronically, and you agree that electronic signatures, contracts, orders, and records satisfy any legal requirement that such communications be in writing. This consent is given under the federal E-SIGN Act and applicable state law. You may withdraw this consent by contacting us, though doing so may prevent us from providing certain services. You are responsible for maintaining a valid email address and for the hardware, software, and internet access necessary to receive electronic communications.

10.6 Prior Business Relationship

You acknowledge that submitting an inquiry or application establishes an inquiry or business relationship for purposes of applicable telemarketing and email regulations, including the Telephone Consumer Protection Act and the CAN-SPAM Act.

11. Third-Party Links and Content

The Site may link to third-party websites, articles, directories, associations, or resources. Those links are provided for convenience only. We do not control, endorse, verify, or assume responsibility for third-party content, products, services, privacy practices, or availability, and we disclaim all liability arising from your access to or use of them.

12. Privacy and Data Security

Your use of the Site is subject to our Privacy Policy, available at www.elite2apay.com/privacypolicy. You acknowledge that no method of electronic transmission or storage is completely secure, and that while we implement commercially reasonable administrative, technical, and physical safeguards, we cannot and do not guarantee absolute security. You are responsible for safeguarding any credentials issued to you and for all activity occurring under them, and you must notify us immediately of any suspected unauthorized use.

Do not transmit full payment card numbers, cardholder data, Social Security numbers, or other sensitive information to us through unsecured email or web form. Use the secure channels we designate.

13. Changes to the Site and Services

We may modify, suspend, or discontinue the Site or any feature, content, product, or service at any time, with or without notice, and without liability. We may impose limits on certain features or restrict access to all or parts of the Site.

14. Termination

We may suspend or terminate your access to the Site at any time, for any reason, without notice. Sections 3, 4, 8, 9, 12, 15, 16, 17, 18, and 20 through 23, and any other provision that by its nature should survive, survive termination.

15. Disclaimer of Warranties

THE SITE, ALL CONTENT, AND ALL INFORMATION, MATERIALS, TOOLS, ESTIMATES, AND SERVICES MADE AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS, " "AS AVAILABLE, " AND "WITH ALL FAULTS, " WITHOUT WARRANTY OF ANY KIND.

TO THE FULLEST EXTENT PERMITTED BY LAW, ELITE 2A PAY AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, AND SUPPLIERS (COLLECTIVELY, THE "COMPANY PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT DEFECTS WILL BE CORRECTED; OR THAT ANY CONTENT, ESTIMATE, TIMELINE, RATE, OR STATEMENT ON THE SITE IS ACCURATE, COMPLETE, CURRENT, OR RELIABLE. WE MAKE NO WARRANTY OR GUARANTEE REGARDING MERCHANT ACCOUNT APPROVAL, PRICING, RESERVES, FUNDING TIMES, ACCOUNT CONTINUITY, THE CTS OR OMISSIONS OF ANY PROCESSING PARTNER, ACQUIRING BANK, GATEWAY, CARD NETWORK, OR OTHER THIRD PARTY, OR ANY BUSINESS, FINANCIAL, OR REGULATORY OUTCOME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

16. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANY COMPANY PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, USE, OR BUSINESS OPPORTUNITY, OR FOR ANY BUSINESS INTERRUPTION, ACCOUNT TERMINATION, HELD OR RESERVED FUNDS, CHARGEBACK LOSSES, FINES, OR ASSESSMENTS, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER THEORY, AND EVEN IF A COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE TOTAL AGGREGATE LIABILITY OF THE COMPANY PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID DIRECTLY TO ELITE 2A PAY IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

Claims relating to payment processing services are governed by the limitation of liability provisions in the applicable Merchant Agreement, not by this Section. These limitations apply even if a limited remedy fails of its essential purpose, and they are a fundamental element of the basis of the bargain between you and us. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

17. Indemnification

You will defend, indemnify, and hold harmless the Company Parties from and against any and all claims, demands, actions, proceedings, investigations, losses, damages, liabilities, fines, penalties, assessments, settlements, judgments, costs, and expenses (including reasonable attorneys' fees and costs of investigation) arising out of or relating to: (a) your access to or use of the Site; (b) your breach or alleged breach of these Terms or any representation or warranty in them; (c) your violation or alleged violation of any law, regulation, license condition, or Network Rule, including any firearms, export, sanctions, consumer protection, telemarketing, or privacy law; (d) your business, products, services, or transactions, including any dispute with a customer, chargeback, fine, or assessment; (e) any information you submit to us or to any Processing Partner, including inaccurate, incomplete, or misleading information; (f) your infringement or misappropriation of any third-party right; or (g) any Submission you provide.

We reserve the right, at your expense, to assume exclusive defense and control of any matter subject to indemnification, in which case you will cooperate fully. You will not settle any matter affecting the Company Parties without our prior written consent.

18. Dispute Resolution, Arbitration, and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

18.1 Informal Resolution First

Before initiating any arbitration or proceeding, you agree to first contact us at support@elitedatacorp.com with a written description of the dispute, the relief sought, and your contact information, and to attempt in good faith to resolve the dispute informally for at least sixty (60) days. This is a condition precedent to commencing arbitration.

18.2 Binding Arbitration

If the dispute is not resolved informally, any dispute, claim, or controversy arising out of or relating to these Terms, the Site, our marketing, or the relationship between you and Elite 2A Pay, whether based in contract, tort, statute, fraud, misrepresentation, or any other theory, will be resolved exclusively by final and binding individual arbitration, administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules (or its Consumer Arbitration Rules where applicable), as modified by these Terms.

The arbitration will be conducted by a single arbitrator, seated in Collin County, Texas, or, at your election, by telephone, videoconference, or on documents only. The arbitrator has exclusive authority to resolve all threshold issues, including arbitrability, scope, and enforceability, except that a court has exclusive authority to decide the enforceability of the class action waiver in Section 18.4. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this Section.

18.3 Exceptions

Either party may (a) bring an individual action in small claims court for claims within that court's jurisdiction, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent or stop actual or threatened infringement, misappropriation, or violation of intellectual property rights, unauthorized access to systems, or breach of confidentiality obligations.

18.4 Class Action and Jury Trial Waiver

YOU AND ELITE 2A PAY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND ELITE 2A PAY EACH KNOWINGLY AND IRREVOCABLY WAIVE ANY RIGHT TO TRIAL BY JURY.

If the class action waiver in this Section is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and litigated in court, and the remaining claims will proceed in arbitration.

18.5 Right to Opt Out

You may opt out of this arbitration agreement by sending written notice to support@elitedatacorp.com or to the mailing address in Section 22 within thirty (30) days of the date you first accept these Terms. The notice must include your name, business name, mailing address, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms.

18.6 Time Limit on Claims

TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES, OR IT IS PERMANENTLY BARRED.

19. Governing Law and Venue

These Terms and any dispute arising out of them are governed by the laws of the State of Texas, without regard to its conflict of laws principles, and by applicable federal law. Subject to Section 18, you and Elite 2A Pay consent to the exclusive personal jurisdiction and venue of the state and federal courts located in Collin County, Texas, and waive any objection based on inconvenient forum. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

20. Force Majeure

We are not liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, fire, flood, severe weather, war, terrorism, civil unrest, labor disputes, epidemic or pandemic, government action or regulation, changes in Network Rules or banking policy, failure of Processing Partners or other third parties, utility or telecommunications failure, internet or hosting outage, cyberattack, or ransomware.

21. General Provisions

21.1 Entire Agreement. These Terms, together with the Privacy Policy and any additional terms applicable to a specific product, constitute the entire agreement between you and us regarding the Site and supersede all prior or contemporaneous understandings on that subject. This Section does not limit the Merchant Agreement, which separately governs payment processing.

21.2 Changes to These Terms. We may revise these Terms at any time by posting the revised version with an updated "Last Updated" date. Changes take effect when posted. Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms. You should review these Terms periodically.

21.3 Severability. If any provision is held invalid, illegal, or unenforceable, it will be modified to the minimum extent necessary to be enforceable, or severed if modification is not possible, and the remaining provisions will remain in full force and effect.

21.4 No Waiver. Our failure to enforce any provision is not a waiver of our right to do so later. Any waiver must be in writing and signed by an authorized representative.

21.5 Assignment. You may not assign or transfer these Terms or any rights under them without our prior written consent, and any attempted assignment is void. We may assign these Terms freely, including in connection with a merger, acquisition, reorganization, or sale of assets.

21.6 No Third-Party Beneficiaries. Except for the Company Parties, these Terms create no third-party beneficiary rights.

21.7 Relationship. Nothing in these Terms creates a partnership, joint venture, agency, fiduciary, or employment relationship between you and us.

21.8 Headings and Interpretation. Headings are for convenience only. "Including" means "including without limitation. " These Terms will not be construed against the drafter.

21.9 Export and Sanctions Compliance. You will comply with all applicable U.S. export control, anti-boycott, and economic sanctions laws in connection with your use of the Site and your business.

21.10 U.S. Only. The Site is controlled and operated from the United States and is intended for users located in the United States. We make no representation that the Site or our services are appropriate or available in other locations. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local law.

21.11 Accessibility. We strive to make the Site accessible to users with disabilities. If you encounter a barrier, please contact us at support@elitedatacorp.com so we can assist you and work toward a remedy.

22. Contact Us

Legal Notices:
support@elitedatacorp.com

Elite 2A Pay is a provider of merchant services and payment acceptance solutions and is not a bank. Merchant accounts and payment processing are provided through sponsoring acquiring banks and processors. All trademarks are the property of their respective owners.