Updated January 20th, 2020
QuickReceipts, Inc. ("QuickReceipts" or "we") provides expense analysis and receipt management software, applications, and other related tools and services. These offerings are provided by QuickReceipts through an application you download to your mobile device (the "Application") and at the Internet site https://www.quickreceipts.co (the "Site" and, together with any related software, tools and services provided in connection with the Application or Site, the "QuickReceipts Service"). Please read carefully the following terms and conditions ("Terms of Service") and our Privacy Policy, which may be found on our website at https://www.quickreceipts.co/privacy and which is incorporated herein by reference into these Terms of Service. These Terms of Service govern your access to and use of the QuickReceipts Service and all Site Content and constitute a binding legal agreement between you and QuickReceipts.
YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE "ACCEPT TERMS" BUTTON, REGISTERING FOR A QUICKRECEIPTS ACCOUNT, DOWNLOADING OF THE APPLICATION OR ANY APPLICATION UPGRADES, USING THE APPLICATION ON YOUR MOBILE DEVICE, OR ACCESSING OR USING THE QUICKRECEIPTS SERVICE, OR BY DOWNLOADING, SUBMITTING OR POSTING ANY CONTENT FROM, OR ON, OR THROUGH THE QUICKRECEIPTS SERVICE, OR BY ENTERING INTO A STATEMENT OF WORK WITH QUICKRECEIPTS, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE QUICKRECEIPTS SERVICE OR SITE CONTENT.
If you accept or agree to these Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
QuickReceipts reserves the right, at its sole discretion, to modify, discontinue or terminate the QuickReceipts Service or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms of Service or on the Site or Application. By continuing to access or use the QuickReceipts Service after we have posted a modification on the Site or Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the QuickReceipts Service.
Certain portions of the QuickReceipts Service may, or may in the future, have different terms and conditions posted on the Site or may require you to agree with and accept additional terms and conditions. QuickReceipts may, in its sole discretion, make premium or different applications, software or services available to you that is subject to different terms and conditions and narrower licenses than as set forth therein. If there is a conflict between these Terms of Service and terms and conditions posted for a specific portion of the QuickReceipts Service, the latter terms and conditions shall take precedence with respect to your use of or access to that portion of the QuickReceipts Service.
If you are a party to a Statement of Work between you and QuickReceipts (a "Statement of Work"), these Terms of Service shall begin on the Effective Date of the Statement of Work and, unless terminated as otherwise provided herein, shall continue through the term set forth in the Statement of Work (the "SOW Term") and will automatically renew for a successive one (1) year term following the end of each SOW Term, unless either party notifies the other, not less than ninety (90) days prior to the end of the then current SOW Term, of its intention not to renew.
Either party to a Statement of Work may, by written notice, request any changes, additions, deletions, or modifications to any Statement of Work. No changes to a Statement of Work will be effective until a written amendment has been signed by both Parties. If any such change affects the amount due or the time of performance thereunder, the Parties shall negotiate in good faith a mutually acceptable appropriate adjustment.
In the event of conflict or inconsistency between these Terms of Service and those of any Statement of Work, the Statement of Work shall control.
By accessing or using the QuickReceipts Service you represent and warrant to QuickReceipts that: (i) you are of legal age to form a binding contract, or, if you are a minor, you have your parent's permission to use the QuickReceipts Service, and your parent has read and agrees to these Terms of Service on your behalf; (ii) all registration information you submit is accurate, current and complete; (iii) you will maintain the accuracy and completeness of such information; (iv) if you are accepting these Terms of Service on behalf of a company or other legal entity, you have the authority to bind that company or legal entity to these Terms of Service. You also certify that you are legally permitted to use and access the QuickReceipts Service and take full responsibility for the selection and use of and access to the QuickReceipts Service. These Terms of Service are void where prohibited by law, and the right to access the QuickReceipts Service is revoked in such jurisdictions.
See QuickReceipts' Privacy Policy at https://www.quickreceipts.co/privacy for information and notices concerning QuickReceipts' collection and use of your personal information.
In order to access the QuickReceipts Service, you must register to create an account ("Account") and become a Member. When registering with QuickReceipts you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the QuickReceipts Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the QuickReceipts Service (or any portion thereof).
You may not authorize any third party (other than, if applicable, the employees, consultants, or Users) to access or use the QuickReceipts Service on your behalf. You are responsible for maintaining the confidentiality of the user ID and password and are fully responsible for all activities that occur under your user ID or password. You agree to immediately notify QuickReceipts of any unauthorized use of your user ID or password, or any other breach of security, and will (if allowed by the QuickReceipts Service) immediately disable User access to the QuickReceipts Service. QuickReceipts cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.
You verify that any contact information provided to QuickReceipts, including, but not limited to, your e-mail address and mobile phone number is true and accurate. By providing us with your email address, you agree to receive notices electronically, to that email address. From time to time, QuickReceipts will use this email address to send you notifications about product updates and improvements, company news and events, and updates from our community. You further verify that you are the telephone subscriber and/or that you own any telephone numbers that you provide to QuickReceipts. You acknowledge that by voluntarily providing your telephone numbers to QuickReceipts, you expressly agree to be contacted at the telephone numbers you provide. You consent to receive e-mails, pre-recorded voice messages and/or autodialed calls (including text messages) by or on behalf of QuickReceipts relating to this Agreement, any transaction with QuickReceipts, matters related to your account, and promotions from QuickReceipts. These communications may be made by or on behalf of QuickReceipts, even if your phone number is registered on any state or federal Do Not Call list. You acknowledge that you may incur a charge for these texts or calls by your telephone carrier and that QuickReceipts will not be responsible for these charges.
By establishing an QuickReceipts account, you agree to the pricing, payment, and billing policies set forth (a) herein, (b) on the Site (including our pricing page located at https://www.quickreceipts.co/api/pricing) and/or (c) if applicable, in a separately executed or accepted purchase order. The use of various offerings within the QuickReceipts Service, including but not limited to receipt aggregation and expense reporting, are governed by additional terms set forth on the Site (such additional terms being incorporated herein by reference). All fees paid for the QuickReceipts Service are non-refundable and non-transferable except as expressly provided in these Terms of Service. All fees and applicable taxes, if any, are payable in United States dollars. You are solely responsible for the payment of, and shall pay when due, all applicable sales and use taxes and similar fees now in force, enacted or imposed in the future on the delivery of QuickReceipts Service and/or any related transactions (except for taxes assessed on QuickReceipts' net income or personal property). If for any reason QuickReceipts pays any such taxes, duties or excises, you will reimburse QuickReceipts for such taxes, duties or excises, other than taxes on QuickReceipts' net income.
The term of your QuickReceipts Service package is as set forth on the Site and in your billing account details. If your selected QuickReceipts Service package requires a recurring subscription fee, your QuickReceipts Service package will automatically renew, unless you change your billing settings to another tier, we terminate it, or you notify us by email (support@quickreceipts.co) of your decision to terminate your current QuickReceipts Service package. You must cancel any automatically renewing QuickReceipts Service package before it renews in order to avoid billing of subscription fees for the renewal term to your credit card. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. If your QuickReceipts Service package is for a term of 12 months or longer, your subscription is deemed to have begun during the month in which you were first billed by QuickReceipts for the QuickReceipts Service package (or, in the event that you add more Users to your QuickReceipts Service package after beginning your subscription, from the month in which you were first billed for those additional Users). You may terminate QuickReceipts Service packages with terms of 12 months or longer at any time; however, because such QuickReceipts Service packages may qualify for reduced rate pricing, upon termination QuickReceipts will bill you for an amount equal to the difference between the reduced rate you actually paid, and the amount you would have paid under a standard rate QuickReceipts Service package.
Subject to your compliance with these Terms of Service, QuickReceipts grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on your mobile device and run such copy of the Application solely for your own personal or business use. Furthermore, with respect to any App Store Sourced Application (defined below in the Section entitled "Accessing and Downloading the Application from iTunes"), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (operating system software provided by Apple) and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. QuickReceipts reserves all rights in the Application not expressly granted to you by these Terms of Service.
QuickReceipts Service. QuickReceipts shall own and retain all right, title, and interest in and to the QuickReceipts Service (except for any licensed content and software components included therein). Member agrees not to reverse engineer, decompile, distribute, license, sell, transfer, disassemble, copy, alter, modify, or create derivative works of the QuickReceipts Service or otherwise use the QuickReceipts Service in any way that violates the use restrictions contained in these Terms of Service. QuickReceipts does not grant to Member any license, express or implied, to the intellectual property of QuickReceipts or its licensors. Member further acknowledges and agrees that any information regarding the design, "look and feel", specifications, components, functionality or operation and payment terms and pricing (if applicable) of the QuickReceipts Service is considered the confidential and proprietary information of QuickReceipts (collectively "QuickReceipts Confidential Information").
Member Data. Subject to the section below labeled "Assignment of Certain Member Data", Member shall retain all right, title and interest in and to (a) all graphics, images, files, data and other information transmitted by Member to QuickReceipts, or Third-Party Service Providers in connection with its use of the QuickReceipts Service and (b) reports and other materials generated by the QuickReceipts Service following such transmission (collectively, "Member Data"), provided, however, that Member hereby grants to QuickReceipts a worldwide, royalty-free, non-exclusive license to use (i) data generated as a result of Member's use of the QuickReceipts Service solely for purposes of (x) maintaining and improving the QuickReceipts Service and (y) providing Member with access to special product offers and promotions and (ii) non-identifiable, anonymous, aggregated data regarding Member's use of the QuickReceipts Service compiled by QuickReceipts solely for marketing purposes or distribution to third party research firms.
Assignment of Certain Member Data. Notwithstanding the foregoing, upon your submission of an expense report to another party or any other Member, you hereby transfer all right, title, and interest in and to any transferred Member Data to the applicable party or Member, provided, however, that such party or Member hereby grants to you a worldwide, perpetual, royalty-free, non-exclusive license to maintain and utilize copies of such transferred Member Data (including any expense reports) for personal recordkeeping purposes.
QuickReceipts Logos and Designs. QuickReceipts' graphics, logos, designs, page headers, button icons, scripts, and service names are the property of QuickReceipts and may be registered trademarks, trademarks or trade dress of QuickReceipts in the U.S. and/or other countries. QuickReceipts' trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without QuickReceipts' prior written permission.
Member Art. Member shall retain all right, title and interest in and to all of Member's logos, promotional graphics and related marketing designs (collectively, the "Member Art"), provided, however, that Member hereby grants to QuickReceipts a worldwide, royalty-free, non-exclusive license to use the Member Art, as well as Member's corporate and/or trade name, for purposes of fulfilling its obligations hereunder and marketing QuickReceipts' products and services to third parties, subject to Member's right in each instance to approve the manner and form of such use (which approval shall be in writing and shall not be unreasonably withheld or delayed).
Derived Data. You shall own and retain all right, title, and interest in and to any data derived from your use of the QuickReceipts Service or that of any individual authorized by you to utilize the QuickReceipts Service (your "Users"), as defined below)(collectively, the "Derived Data"); provided, however, that you hereby grant to QuickReceipts a worldwide, royalty-free, non-exclusive license to use data generated as a result of your use of the QuickReceipts Service solely for purposes of (x) maintaining and improving the QuickReceipts Service, (y) providing you and/or your Users with access to and information about customized features, new functionality, and partner integrations, and (z) sharing with our partners such data in anonymized, aggregated form.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the QuickReceipts Service ("Feedback"). You may submit Feedback by emailing us at support@quickreceipts.co or through the "Help" section of the QuickReceipts Service. You acknowledge and agree that all Feedback will be the sole and exclusive property of QuickReceipts and you hereby irrevocably assign to QuickReceipts and agree to irrevocably assign to QuickReceipts all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At QuickReceipts' request and expense, you will execute documents and take such further acts as QuickReceipts may reasonably request to assist QuickReceipts to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of QuickReceipts and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorized employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify QuickReceipts in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to QuickReceipts upon termination of this Agreement for any reason whatsoever. The term "Confidential Information" shall mean any and all of QuickReceipts’ trade secrets, confidential and proprietary information and all other information and data of QuickReceipts that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical, financial, strategic and other proprietary and confidential information relating to QuickReceipts' business, operations and properties, including information about QuickReceipts' Users or partners, or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
You agree not to do any of the following:
QuickReceipts will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. QuickReceipts may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that QuickReceipts has no obligation to monitor your access to or use of the QuickReceipts Service, or to review or edit any Member Content, but has the right to do so for the purpose of operating the QuickReceipts Service, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
The QuickReceipts Service may now or in the future contain links to third-party websites, advertisers, services, or resources that are not owned or controlled by QuickReceipts. You acknowledge and agree that QuickReceipts has no control over and is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, privacy policies, practices, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by QuickReceipts of such websites or resources or the content, products, practices, privacy policies, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or services on or available from such websites or resources. Additionally, your dealings with or participation in promotions of any third parties, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such third parties. You agree that QuickReceipts shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties. We encourage you to be aware of when you leave the QuickReceipts Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit. You expressly relieve QuickReceipts from any and all liability arising from your use of any third-party website or services or third party content.
If you choose to use our referral service to tell a friend about QuickReceipts, you must seek your friend's consent to our use of your friend's name and email address to contact them about the QuickReceipts Service. By providing us with your friend's name and email address, you warrant that your friend consents to such contact.
If you breach any of these Terms of Service, QuickReceipts will have the right to suspend, disable or terminate your Account or terminate these Terms of Service, at its sole discretion and without prior notice to you. QuickReceipts reserves the right to revoke your access to and use of the QuickReceipts Service or to terminate any Statement of Work at any time, with or without cause. In the event QuickReceipts terminates these Terms of Service for your breach, you will remain liable for any and all amounts due hereunder. You may cancel your Account at any time from the Application, or by sending an email to support@quickreceipts.co.
If you are party to a Statement of Work, you may terminate your obligations under these Terms of Service (a "Termination for Cause") in the event QuickReceipts fails to perform or observe any material term or condition under these Terms of Service and fails to cure such breach within thirty (30) days after receipt of written notice of such breach.
In the event that your account is terminated by you or by QuickReceipts for any reason, any licenses granted herein shall terminate, but your obligations described herein under the Sections titled "Fees and Payment," "Intellectual Property," "Confidentiality," "Disclaimers," "Indemnity," and "Limitation of Liability," as set forth herein, as well as any obligations of yours set forth in the Privacy Policy available at https://www.quickreceipts.co/privacy shall survive any termination or expiration of your use of the QuickReceipts Service or any agreement, including a Statement of Work, between you and QuickReceipts, and you will not be entitled to receive any refunds for any prepaid amounts in the event of any early termination.
THE QUICKRECEIPTS SERVICE AND SITE CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, QUICKRECEIPTS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. QUICKRECEIPTS MAKES NO WARRANTY THAT THE QUICKRECEIPTS SERVICE OR SITE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. QUICKRECEIPTS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, QUICKRECEIPTS SERVICE OR SITE CONTENT PURCHASED OR OBTAINED THROUGH THE QUICKRECEIPTS SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE QUICKRECEIPTS SERVICE. QUICKRECEIPTS DOES NOT WARRANT THE RESULTS OF USE OF THE QUICKRECEIPTS SERVICE, AND CLIENT ASSUMES ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO. CLIENT SHOULD NOTE THAT IN USING THE QUICKRECEIPTS SERVICE, SENSITIVE INFORMATION WILL TRAVEL THROUGH THIRD PARTY INFRASTRUCTURES WHICH ARE NOT UNDER QUICKRECEIPTS’ CONTROL (SUCH AS A THIRD PARTY SERVERS AND THE INTERNET). QUICKRECEIPTS MAKES NO WARRANTY WITH RESPECT TO THE SECURITY OF SUCH THIRD PARTY INFRASTRUCTURES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM QUICKRECEIPTS OR THROUGH THE QUICKRECEIPTS SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE QUICKRECEIPTS SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE QUICKRECEIPTS SERVICE. YOU UNDERSTAND THAT QUICKRECEIPTS DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE QUICKRECEIPTS SERVICE, NOR DOES QUICKRECEIPTS MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE QUICKRECEIPTS SERVICE. QUICKRECEIPTS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE QUICKRECEIPTS SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE QUICKRECEIPTS SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE QUICKRECEIPTS SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE QUICKRECEIPTS SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
You agree to defend, indemnify, and hold QuickReceipts, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the QuickReceipts Service, or your violation of these Terms of Service, including without limitation any breach of any representations or warranties herein, any infringement by you of QuickReceipts' intellectual property rights, and any claim by a third party that the Member Data or Member Art infringes such third party's intellectual property rights.
QuickReceipts will defend, indemnify, and hold you harmless from and against any and all costs, liabilities, losses and expenses (including but not limited to reasonable attorneys' fees), resulting from any claim, suit, action or proceeding alleging that the QuickReceipts Service or any portion thereof infringes any patent, copyright or other intellectual property, proprietary, or other right of any third party.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE QUICKRECEIPTS SERVICE AND SITE CONTENT REMAINS WITH YOU. EXCEPT FOR THE INDEMNITY OBLIGATIONS SET FORTH HEREIN, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SYSTEM FAILURE OR NETWORK OUTAGE, WILL EITHER QUICKRECEIPTS OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE QUICKRECEIPTS SERVICE OR SITE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, QUICKRECEIPTS SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR QUICKRECEIPTS SERVICE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF QUICKRECEIPTS SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR SITE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE QUICKRECEIPTS SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE QUICKRECEIPTS SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT QUICKRECEIPTS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR THE INDEMNITY OBLIGATIONS SET FORTH HEREIN, IN NO EVENT WILL QUICKRECEIPTS AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF QUICKRECEIPTS SERVICE OR FROM THE USE OF OR INABILITY TO USE THE QUICKRECEIPTS SERVICE OR SITE CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO QUICKRECEIPTS FOR USE OF THE QUICKRECEIPTS SERVICE OR CONTENT. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN QUICKRECEIPTS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You may not use, export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By using the Application, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Application for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
The following applies to any Application accessed through or downloaded from the Apple App Store ("App Store Sourced Application"):
These Terms of Service and any action related thereto will be governed by and construed in accordance with the laws of the State of Delaware without regard to its conflict of laws provisions. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to these Terms of Service will be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).
To the extent feasible, the parties desire to resolve any dispute, claim, or controversy arising out of or relating to your use of or access of the Site, the QuickReceipts Service and these Terms of Service, including the determination of the scope or applicability of this agreement to arbitration (a “Dispute”) through discussions and negotiations between each other. The parties agree to attempt to resolve any Disputes by negotiation with the other party (by phone, electronic correspondence, or written correspondence). If, after good faith discussions, the Dispute(s) cannot be resolved solely between the parties, such Dispute(s) will be determined by arbitration in the English language in Kent County, Delaware before a single arbitrator. The arbitration will be administered by Judicial Arbitration and Mediation Services (“JAMS”) in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of JAMS, which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason. You and QuickReceipts agree that the state or federal courts sitting in Kent County, Delaware have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.This provision will not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
The arbitration will be commenced by the claimant party filing a demand for arbitration with JAMS and serving the demand on the opposing party. Within 30 calendar days of the date the demand for arbitration is filed, the parties will select an arbitrator by following the Rules’ arbitrator selection procedures. Except as may be required by law, neither party nor the arbitrator may disclose the existence, content, or results of any arbitration under these Terms of Service without the prior written consent of both parties. The arbitrator’s award will be in writing, in the English language, and accompanied by a reasoned opinion and a written statement of the essential findings and conclusions on which the award is based.
The arbitrator will determine how the costs and expenses of the arbitration will be allocated between the Parties and may award attorneys’ fees. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings. Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.
These Terms of Service constitute the entire and exclusive understanding and agreement between QuickReceipts and you regarding the QuickReceipts Service and Site Content, and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements between QuickReceipts and you regarding the QuickReceipts Service.
You may not assign or transfer these Terms of Service, by operation of law or otherwise, without QuickReceipts' prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. QuickReceipts may assign or transfer these Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Service, will be in writing and given: by QuickReceipts (i) via email (in each case to the address that you provide) or (ii) by posting to the Application or Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of QuickReceipts to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of QuickReceipts. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service will remain in full force and effect.
If you have any questions about these Terms of Service, please contact QuickReceipts at support@quickreceipts.co or:
QuickReceipts, Inc
333 N Washington Ave
Minneapolis, MN 55401
You acknowledge and agree that when contacting QuickReceipts, whether by email, chat, or otherwise, you will not include any personally identifiable information in your communications, and that if such information is included in your communications with QuickReceipts, QuickReceipts will have no legal obligation or liability with regard to such information.