Last Revised: July 18, 2018
, and, if applicable,
Data Processing Addendum ("DPA")
before you may become an InvoiceASAP user.
GOVERN YOUR USE OF THIS WEBSITE AND THE APP. PLEASE READ THE TERMS AND CONDITIONS CAREFULLY, AS YOUR USE OF THIS WEBSITE AND APP CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS AND AS SUCH CREATES A BINDING CONTRACT BETWEEN YOU AND INVOICEASAP. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, YOU MAY NOT USE THIS WEBSITE OR THE APP.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account with InvoiceASAP.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
Each username shall belong to one individual. Multiple individuals may not use the same username. When and if you or your company has multiple individuals using the App, each individual must have his or her own username and will be bound by this Agreement.
We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion.
The Service and its original content, features and functionality are and will remain the exclusive property of InvoiceASAP, Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of InvoiceASAP, Inc.
Third Party Content; Third Party Goods and Services.
This Site may contain Content that is owned or licensed by a third party. We are not responsible for and do not warrant or guarantee the completeness, accuracy or reliability of such third party Content. The existence of third party Content on this Site is not and should not be construed as our endorsement, approval or sponsorship of the third party or its Content unless expressly indicated.
You acknowledge and agree that InvoiceASAP, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
Goods and services offered by third parties may be made available to you on the Site. You understand and agree that, unless expressly indicated otherwise, (a) we do not endorse, approve or sponsor such third party goods and services; (b) we do not warrant or guarantee the availability, quality or sufficiency of such third party goods and services; and (c) we are not responsible or liable for the performance or non-performance of any transaction between you and such third parties in connection with their goods or services. Should a dispute arise between you and a third party in connection with its goods and services made available to you on this Site, you hereby release us and our directors, officers, employees and affiliates from any claims, actions, liabilities, loss, costs, damages, or expenses of every kind and nature, whether known or unknown, in connection with such dispute.
You may not interfere with nor attempt to interfere with nor otherwise disrupt the proper working of the Service, any activities conducted on or through the Service or any servers or networks connected to the Service. You may neither obtain nor attempt to obtain through any means any materials or information on the Service that have not been intentionally made publicly available either by public display on the Service or through accessibility by a visible link on the Service. You shall not violate the security of the Service or attempt to gain unauthorized access to the Service, data, materials, information, computer systems or networks connected to any server associated with the Service, through hacking, password timing or any other means. You may neither take nor attempt any action that, in the sole discretion of InvoiceASAP, imposes or may impose an unreasonable or disproportionately large load or burden on the Service or the infrastructure of the Service. You shall not use or attempt to use any “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code,” or any other automate device, program, tool, algorithm, process or methodology to access, acquire, copy, or monitor any portion of the Service, any data or content found on or accessed through the Service, or any other Service information without the prior express written consent of InvoiceASAP. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any other content.
You shall not use the Service in any way that (a) is in breach of any law, statute, regulation or bylaw of any applicable jurisdiction; (b) is fraudulent, criminal or unlawful; (c) may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political; (d) impersonates any other person or body or misrepresents a relationship with any person or body; (e) may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trademark rights and broadcasting rights) or privacy or other rights of us or any third party; (f) may be contrary to our interests; (g) is contrary to any specific rule or requirement that we stipulate on the App in relation to a particular part of the App or the App generally; or (h) involves your use, delivery or transmission of any viruses, unsolicited emails, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Linking to and Framing this Site; Links to Third Party Sites; Accuracy of Content on Third Party Sites.
Links to or "framing" any Content, the Site or any webpage in the Site require our prior written permission. Additionally, this Site may contain links to other sites owned and/or operated by third parties. We are not responsible for the availability of any third party site or its content, and we do not warrant or guarantee the accuracy of any content contained on a third party site. You should review the terms and conditions of use and the privacy policies of the third party site, if any, before using that site.
Use of the App.
Use of the App does not include the provision of a mobile device or other necessary equipment to access it. To use the App you will require Internet connectivity and appropriate telecommunication links. We shall not have any responsibility or liability for any telephone or other costs you may incur.
Advertisement "banners" and other forms of advertising may exist on the Site. However, we are not responsible for the claims or representations made by any advertiser on the Site nor are we responsible for the products and services of advertisers on the Site. Furthermore, mere presence of an advertiser on the Site does not constitute our endorsement, approval, or sponsorship of any advertiser in any respect unless expressly indicated otherwise.
From time to time a discussion forum, bulletin board, news group, chat area, community, or other feature or service designed so that Site users may communicate with others ("Forum") may be made available to you on this Site. While we appreciate the value of open communication and the free exchange of ideas and opinions, we do not actively review, monitor, control, screen or edit any text, images, files, or other materials that may be uploaded or posted in any Forum ("Submissions"), nor do we guarantee the accuracy, legality or reliability of any Submissions. As such, under no circumstances will we be responsible or liable for any Submissions, and you are advised to investigate and evaluate Submissions prior to relying on any of them. You understand that your Submissions may be accessible to and viewed by the general public, therefore you should exercise caution before including information, especially any personally identifiable information, in a Submission.
You represent and warrant that you have the legal right and/or have obtained all licenses and permissions necessary to post your Submission, and that your Submission does not and will not violate any law, rule or regulation, or infringe on the rights of any third party, including but not limited to copyright, trademark, patent, privacy or publicity rights. You agree not to post any Submission that is defamatory, harmful, tortious, libelous, sexually explicit, obscene, inappropriate, indecent, profane or misleading, or that is done with the intent to harass, stalk or threaten others. You agree not to use Submissions or the Forum in connection with surveys, contests, pyramid schemes, chain letters, political campaigning, "spamming" or unsolicited e-mails, commercial or otherwise. Your Submissions may not contain any advertisements or solicitations without our prior written consent. We reserve the right to limit or terminate access to Forums at any time for any reason without notice.
By posting a Submission, you grant us the right, at our sole discretion, to use, copy, reproduce, modify, distribute, transmit, sublicense, publish and display your Submission at any time without consideration, and you represent and warrant that you have the legal right to grant us the rights in this section. We reserve the right to modify or delete any Submission at any time without notice. You agree that you will not impersonate any other person when posting a Submission or create a false identity to mislead others.
You agree that we have no liability whatsoever for any Submission you may post, and you agree to indemnify, defend and hold us, our directors, officers, employees, agents and affiliates harmless from any claims, actions, liabilities, loss, costs, damages, or expenses, including reasonable attorney's fees, that may arise directly or indirectly from your Submissions.
A Forum may have rules particular to that Forum, and you agree to abide by those rules when you participate in that Forum.
THE CONTENT AND THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES CONCERNING THE ACCURACY, AVAILABILITY, RELIABILITY, COMPLETENESS, TIMELINESS OR SUITABILITY OF THE CONTENT OR THE SITE. WE DISCLAIM ALL WARRANTIES IN CONNECTION WITH THE SITE AND THE CONTENT, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, SECURITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT OR GUARANTEE ACCESS TO OR UNINTERRUPTED AND ERROR-FREE OPERATION OF THE SITE OR THE CONTENT.
LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, OR LOSS OF OR DAMAGE TO DATA, PROGRAMS OR PROPERTY ARISING FROM THE USE, INABILITY TO USE, OR RELIANCE ON THIS SITE OR FROM ANY INFORMATION OR MATERIALS DISPLAYED, UPLOADED TO OR DOWNLOADED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO THE CONTENT.
In order for you to access certain areas of or to use certain services within the Site, you may be required to provide information. Should you choose to access such areas or use such services, you agree to provide accurate, truthful and complete information, and to refrain from making any misrepresentations or impersonating any person or entity when providing such information.
Modification of Agreement, Site and Content.
Limitation, Suspension or Termination of Access and Use.
We reserve the right, in our sole discretion, to limit, suspend or terminate your access to and use of the Site at any time for any reason without notice, including but not limited to, your breach of this Agreement.
Fees and Refund Policy.
InvoiceASAP is a subscription service offered as a free trial. During the free trial period, no fees will be charged. At any time during the trial period, you may cancel your subscription and no fees will be charged or collected. At the end of the free trial, you will be charged your subscription fee and/or any other periodic fee based on the subscription plan you selected. You may cancel this subscription at any time. Canceling a subscription causes it to not renew. Fees charged and collected for the current month may not be prorated or refunded. The subscription may remain active until the end of the current subscription period. After which, the account will automatically transition to a free, non-subscriber status.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may do so. The method of termination depends on the subscription. Subscriptions created from any third party, including but not limited to Apple's App Store, Google Play, Amazon, Samsung Market, Samsung Knox, Square, Intuit, must be terminated from said third party. Subscriptions created using InvoiceASAP's website can be cancelled on InvoiceASAP's Web Dashboard or by submitting a
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
This Agreement constitutes the entire agreement between you and us and supercedes all prior or contemporaneous communications and proposals, whether written, oral or electronic. No partnership, joint venture, or agency relationship between you and us exists as a result of this Agreement. If any part of this Agreement is found to be illegal or unenforceable, the remainder shall continue in full force and effect.
You agree to defend, indemnify and hold harmless InvoiceASAP, Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limit of Liability.
In no event shall InvoiceASAP, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
InvoiceASAP, Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Dispute Resolution and Arbitration; Class Action Waiver. Please read this provision carefully. It affects your legal rights.
This provision facilitates the prompt and efficient resolution of any dispute (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between you and us. Effectively, then, "dispute" is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
This provision provides that all disputes between you and us will be resolved by binding arbitration, because acceptance of these Terms constitutes a waiver of your right to litigation claims and all opportunity to be heard by a judge or jury. We prefer this because we believe arbitration is less drama-filled than litigation. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees). YOU AND INVOICEASAP AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all disputes, you must first give us an opportunity to resolve the dispute which is first done by emailing us at firstname.lastname@example.org the following information: (1) your name, (2) the email address you use to log into InvoiceASAP, (3) a written description of your claim, and (4) a description of the specific relief you seek. If we do not resolve the dispute within 45 days after receiving your notification, then you may pursue your dispute in arbitration. You may pursue your dispute in a court only under the circumstances described below.
If this provision applies and the dispute is not resolved as provided above (
Pre-Arbitration Claim Resolution
) either you or we may initiate arbitration proceedings. The American Arbitration Association ("AAA"),
, or JAMS,
, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration will be commenced as an individual arbitration, and will in no event be commenced as a class arbitration. This provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. Because this Website and these Terms concern interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit. You or we may initiate arbitration in the City and County of San Francisco, California, USA. You will be responsible for all fees and costs that you incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses.
Class Action Waiver
Except as otherwise provided in this provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and InvoiceASAP specifically agree to do so following initiation of the arbitration.
You understand and agree that by accepting this provision in these Terms, you and we are each waiving the right to a jury trial or a trial before a judge in a public court. If any clause within this provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire provision will be unenforceable and the dispute will be decided by a court. This provision will survive the termination of your account with us or our affiliates and your discontinued use of this Website and App.
Choice of Law; Jurisdiction and Venue.
. This Agreement shall be governed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service. In the event a dispute arises in connection with this Agreement or use of the Site, such dispute shall be handled as described in the
Dispute Resolution and Arbitration; Class Action Waiver
, described above.
Reservation of Rights.
We reserve all rights not expressly granted or addressed herein.
Procedure for Notice of Copyright Infringement Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. 512.
If you wish to notify us of Content or Submissions on this Site that may result in copyright infringement pursuant to the Digital Millennium Copyright Act, 17 U.S.C. 512, please mail your notification to our designated agent at: 1610 Harrison St. #C, Oakland, CA 94612.
Should you have any questions or comments, please don't hesitate to contact us at:
1610 Harrison St. #C
Oakland, CA 94612
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