TERMS OF SERVICE
1.3 The Company shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms of Service without notice or liability to you. Any changes to the Terms of Service shall be effective immediately following the posting of such changes. You agree to review the Terms of Service from time to time and agree that any subsequent use by you of the Services following changes to the Terms of Service shall constitute your acceptance of all such changes.
1.4 THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE COMPANY RESERVES THE RIGHT TO DELETE CONTENT AND TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICES OR ANY FEATURE AT ANY TIME AND IN ITS SOLE DISCRETION, WITHOUT PRIOR NOTICE, WHENEVER THE COMPANY DEEMS THAT YOUR USE IS IN ANY MANNER INAPPROPRIATE OR IN VIOLATION OF APPLICABLE LAWS AND REGULATIONS OR THE TERMS OF SERVICE.
2. Access to Services
2.1 The Company makes no claims that the Services may be lawfully accessed in any specific jurisdiction. Access to the Services may not be legal by certain persons or in certain states or certain countries, or may require government authorization or registration. When you access the Services you do so at your own risk and are solely responsible for compliance with the laws and regulations of your jurisdiction.
2.2 Free Trial
If you register on our website for a free trial, We will make ONE service available to You on a trial basis free of charge until the earlier of (a) the end of the free trial period for which you registered or are registering to use the applicable Service or (b) the start date of any Purchased Services ordered by You. Additional trial Terms of Service may appear on the trial registration web pae. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding.
TRIAL IS LIMITED TO ONE PER ORIGIN AND COMPANY. You may not circumvent the free trial process by using a different email addresses with each registration as a means to avoid paying the subscription service charge. If we find that you have abused the free trial process, the free trial is invalid and your right to use the service is revoked. We may at our discretion charge you for the use of the service and ban your company from using our services.
ANY DATA YOU ENTER INTO THE SERVICES, AND ANY CUSTOMIZATION MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL.
3. Your Conduct
3.1 The Services may be used only for lawful purposes to create, manage and distribute customer receipts and all users agree not to use the Services for any purposes other than designated by the Company.
3.2 You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this website, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or (e) scraping or harvesting data.
3.3 Commercial advertisements, affiliate links, and other forms of solicitation are not permitted.
3.4 You agree to comply with all applicable laws and regulations applicable to your use of the Services including but not limited to privacy and anti-spam laws.
3.5 Violations of system or network security or inappropriate conduct may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
4. User Information
4.1 You are solely responsible for the user information you upload to the Services, and warrant and represent you have the right and authority to upload all such information. The Company reserves the right in its sole discretion to decide whether the information you upload is appropriate and complies with the Terms of Service, other Company policies, and applicable laws and regulations.
4.2 If you register for the Services, you will be asked to provide certain information including a valid email address, and/or use a genuine social network account. You warrant and represent that all such information is current and accurate, and will be kept up-to-date.
5. Username and Password
5.1 You are responsible for maintaining the confidentiality of your username and password, and are responsible for all uses of your username and password, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your username or password.
6. Provision of Services
6.1 The Company will use commercially reasonable efforts to make the Services available 24/7, except for planned downtime that to the extent possible will be scheduled during the weekend hours and any unavailability caused by a force majeure event such as an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem, Internet service provider failure or delay.
6.2 The Company may provide customized services for which an additional fee may be charged.
7. Use of Services
7.1 In order for the proper transmission of the Services you are required to obtain and maintain a high speed Internet connection and appropriate browser software.
7.2 Each user is solely responsible for deciding whether the Services are suitable for their own purposes and matches their needs.
7.3 Under no circumstances is the Company providing advice or consultation with regard to billing or creating, managing or distributing receipts.
7.4 You acknowledge and agree that you are solely responsible for the form, content and accuracy of any information submitted and are responsible for your own communications and for the consequences of all such communications.
7.5 You shall not provide any information or engage in communications that are false, defamatory, libelous, hateful, threatening, harassing, racially or ethnically offensive, pornographic, obscene, or encourages anything that would be considered a criminal offense, give rise to civil liability, violate or infringe any third party rights or any law or regulation, including but not limited to laws or regulations relating to intellectual property rights, or harm or threaten the safety of any person.
7.6 By uploading information, you grant to Company and any affiliates, licensees and assigns, so long as you are a registered user of the Services, an irrevocable, non-exclusive, fully-paid, worldwide, royalty-free license, with, among other rights, the right to publicly display, distribute, store, transcode, syndicate, broadcast, reproduce, edit, and modify the uploaded information to insure its compatibility with the Services.
7.7 You acknowledge that your use of the Services may be subject to the U.S. Export Administration Regulations. If applicable, you shall comply with these regulations and you will not export or re-export this Services, directly or indirectly, to: (1) any countries that are subject to US export restrictions; (2) any end user who has been prohibited from participating in US export transactions by any federal agency of the US government; or (3) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons.
8. User Comments and Suggestions
8.1 While your feedback is valued, please understand that if you send us creative ideas, inventions, or suggestions, all such submissions shall be the property of the Services in whole or in part. The Services shall own exclusively all now known or later discovered rights to the submissions and shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without compensation to you or any other third party.
8.2 No part of the submissions shall be subject to any obligation of confidence and the Services shall not be liable for any use or disclosure.
9. License To Use Software
9.1 The Company grants a personal, limited, nonexclusive and nontransferable license that allows you to use the Services delivered as Software as a Service (the "Software"), all portions thereof, and all documentation only for the purposes of creating, managing and distributing customer receipts.
9.2 You shall not modify, alter, create derivative works, decompile, reverse engineer, disassemble, include in other services, translate the Software, or use the Software for any commercial or non-commercial purposes other than as provided herein.
9.3 You shall not copy, reproduce, transmit, rent, lease, resell, sublicense, assign, distribute or otherwise transfer the Software or any portion thereof.
9.4 This License provides you with limited rights to use the Software.�The Company retains all ownership, right, title and interest in and to the Software, including but not limited to trade secrets, know-how, methodologies and processes, and reserves all rights not specifically granted in this License.
9.5 The Company shall have the right, in its sole discretion and with reasonable posted notice and/or sent to your email address, to revise, update, or otherwise modify the Software. Your continued use of the Software constitutes your acceptance of and agreement to such revisions, updates, or modifications.
9.6 This License and your rights hereunder shall automatically terminate at the time of termination of your use of the Software for any reason.
10. Intellectual Property
10.1 "SendReceipt" and any other Company trademarks and trade names, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of the Company, and any unauthorized use of such trademarks and trade names is unlawful.
10.2 The Services (including without limitation all programs, complied binaries, interface layout, interface text, documentation, resources and graphics) is the property of the Company and is protected by copyright, trademark, and other laws of the United States and other countries.
10.3 All information upload by you, and the information complied through your use of the Services shall remain or become your sole property with all of the rights associated with such exclusive ownership.
11. Copyright Infringement Notification
11.1 If you believe that any copyrighted work is accessible through the Services in a way that constitutes copyright infringement, please notify the Company by providing our designated copyright agent with the following information:
11.1.1 The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
11.1.2 A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;
11.1.3 Identification of the URL or other specific location on the Services where the material or activity you claim to be infringing is located or is occurring; You must include enough information to allow us to locate the material or the activity;
11.1.4 Your name, address, telephone number, and e-mail address;
11.1.5 A statement by you, made under penalty of perjury, that (i) the information you have provided is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (ii) you have a good faith belief that use of the copyrighted materials is not authorized by the copyright owner, any agent of the copyright owner, or the law.
11.2 If you believe in good faith that a notice of copyright infringement has been wrongly filed against, you can send the Company a counter-notice that includes the following:
11.2.1 Your name and address, and telephone number;
11.2.2 The source address of the removed content;
11.2.3 A statement under penalty of perjury that you have a good faith belief that the content was removed in error; and
11.2.4 A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which the Website may be found, and that you will accept service of process from the person who provided the original complaint.
11.3 Please note that the United States Copyright Act prohibits the submission of a false or materially misleading Notice or Counter-Notice, and any such submission may result in liabilities, including perjury.
11.4 We have designated Jaime Fuhr as our agent to receive notices of claims of copyright infringement. You can contact Jaime Fuhr at firstname.lastname@example.org
12.1 The Services may contain links, including payment links, to other websites and/or advertisements that take a user to another website. The Company does not endorse and is not responsible for the content, Terms of Service, or privacy policies of any such websites.
13. WARRANTY DISCLAIMERS
13.1 THE COMPANY MAKES NO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
13.2 THE COMPANY MAKES NO WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT YOU WILL RECEIVE BENEFIT, OR THAT THE SERVICES WILL BE PROVIDED UNINTERRUPTED, ERROR FREE, SECURE, WITHOUT MISTAKES OR INACCURACIES, FREE OF VIRUSES, OR WORMS, OR THAT THE SERVICES WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR THROUGHPUT RATE.
13.3 THE COMPANY MAKES NO WARRANTIES AS TO THE SECURITY OF YOUR COMMUNICATIONS VIA THE SERVICES OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR YOUR COMPUTER OR OTHER DEVICES. YOU AGREE THAT NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, REPRESENTATIVES OR AGENTS WILL HAVE ANY LIABILITY FOR ANY SUCH UNAUTHORIZED ACCESS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR SECURING YOUR EQUIPMENT AND COMMUNICATIONS.
13.4 THE COMPANY MAKES NO WARRANTIES THAT THE SERVICES MAY BE LAWFULLY ACCESSED IN ANY SPECIFIC JURISDICTION. ACCESS TO THE SERVICES MAY NOT BE LEGAL BY CERTAIN PERSONS OR IN CERTAIN STATES OR CERTAIN COUNTRIES, OR MAY REQUIRE GOVERNMENT AUTHORIZATION OR REGISTRATION.
13.5 THE COMPANY IS NOT RESPONSIBLE FOR DELETION OR LOSS OF FILES OR INFORMATION UPLOADED TO THE SERVICES. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL FILES AND INFORMATION UPLOADED TO THE SERVICES.
13.6 YOU AGREE THAT ANY FILES OR INFORMATION UPLOADED TO THE SERVICES IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE, OR A RESULTING LOSS OF DATA.
14. LIMITATION OF LIABILITY
14.1 IN ADDITION TO ANY LIMITATION OF LIABILITY SET FORTH HEREIN, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, USER UNDERSTANDS AND AGREES THAT NEITHER THE COMPANY NOR ITS SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES OR FROM ANY ACTIONS THE COMPANY TAKES OR FAILS TO TAKE. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA, EMOTIONAL DISTRESS AND OTHER TANGIBLE AND INTANGIBLE LOSSES.
14.2 THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY, AND EVEN IF THE COMPANY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION, WILL NOT EXCEED THE AMOUNT, IF ANY, PAID TO THE SERVICES.
15. YOUR LIABILITY
15.1 IF YOU CAUSE A TECHNICAL DISRUPTION TO THE SERVICES OR TO OTHERS YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEY'S FEES) ARISING FROM THAT DISRUPTION.
16.1 YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND PARTNERS, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, ACTION, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM (I) YOUR USE OF THE SERVICES; (II) ANY MATERIAL YOU PROVIDE, (III) OR YOUR BREACH OF THE TERMS OF THIS AGREEMENT. THE COMPANY SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM OR PROCEEDING AND RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY SUCH MATTER SUBJECT TO IMMEDIATE INDEMNIFICATION BY YOU.
17.1 You may cancel your account at anytime by logging into your account at www.sendreceipt.com and go to Administration then Billing or by emailing email@example.com
17.2 At the time Company confirms cancellation, or upon your failure to renew your subscription, or for termination of your subscription for any other reason, your content will no longer appear online and your account will be deactivated within seven (7) days. All content and customer and other data to which you have access will have to be retrieved before the expiration of the seven (7) days.
17.3 The Company does not offer refunds, and all monies due and owing Company upon cancellation shall immediately be paid to Company.
18. Additional Terms of Service
18.1 Nothing in this Agreement is intended to create or will be construed as creating a joint venture, partnership, employer/employee or principal and agent relationship between users and the Company.
18.2 These Terms of Service shall be governed by and construed in accordance with the laws of the State of Ohio applicable therein, without regard to conflict of laws. You irrevocably consent to the exclusive jurisdiction of the courts located in the in the State of Ohio in connection with any action arising out of or related to these Term of Use and waive any objection based on lack of personal jurisdiction, place of residence, or improper venue or forum non-convenience in any such action.
18.3 If any court having competent jurisdiction holds any provision of this Terms of Service invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of this Terms of Service shall continue in full force and effect.
18.5 The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect that party's right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative.
18.6 You consent to the use of electronic means to deliver any notices pursuant to this Agreement and electronic records to store information related to these Terms of Service.
18.7 You may not assign these Terms of Service or any of its rights or obligations hereunder.
18.8 Except as expressly specified herein, this Agreement shall create rights and obligations only between the Company and each individual user that accepts this Agreement and it does not create any rights for any other parties.
19. COVERED ENTITIES UNDER HIPAA, 42 C.F.R. � 160, ET SEQ.
19.1 SENDRECEIPT DOES NOT COMPLY WITH HIPAA AND IS CURRENTLY NOT PREPARED TO ACT AS A BUSINESS ASSOCIATE AS THAT TERM IS DEFINED UNDER HIPAA. IF YOU ARE A COVERED ENTITY UNDER HIPAA, WE ASK THAT YOU DO NOT USE THE SERVICES FOR THE PURPOSES OF PATIENT BILLING OR ANY OTHER PURPOSE WHICH RESULTS IN THE USE, DISCLOSURE, STORAGE OR TRANSMISSION OF PROTECTED HEALTH INFORMATION (�PHI�). SENDRECEIPT DOES NOT UNDERTAKE ANY AFFIRMATIVE DUTY TO LEARN WHETHER YOU ARE USING OUR SERVICES FOR ANY PURPOSE WHICH RESULTS IN THE USE, DISCLOSURE, STORAGE OR TRANSMISSION OF PHI; HOWEVER, IF SENDRECEIPT LEARNS THAT YOU ARE USING, DISCLOSING, STORING OR TRANSMITTING PHI BY USE OF THE SERVICES, WE WILL IMMEDIATELY TERMINATE YOUR USE OF THE SERVICES AND/OR TERMINATE YOUR ACCOUNT AND THIS AGREEMENT. SHOULD YOU USE THE SERVICES IN CONNECTION WITH ANY PHI, YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS (INCLUDING ATTORNEYS� FEES) FOR THE COST OF ANY BREACH, FINE AND/OR OTHER CONSEQUENCE OR DAMAGE AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO THE COST ASSOCIATED WITH ANY HIPAA VIOLATIONS.
Any questions about these Terms of Service may be directed to firstname.lastname@example.org.