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 User Agreement
THE FOLLOWING DESCRIBES THE TERMS ON WHICH INVOICE.COM OFFERS YOU ACCESS TO OUR SERVICES.

This User Agreement ("Agreement") is a contract between you and Invoice.com, Inc. and applies to your use of the Invoice.com service and any related products and services available through www.Invoice.com (collectively the "Service"). If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access our Services.

You must read, agree with, and accept all of the terms and conditions contained in this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of Invoice.com. We strongly recommend that, as you read this Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as a Invoice.com user. Please note: underlined words and phrases are links to these pages and websites. By accepting this Agreement, you also agree that your use of other Invoice.com websites and Services will be governed by the terms and conditions posted on those websites.

For additional information about the Service and how it works, please also consult the Invoice.com Help Center.

We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall be effective 30 days after they are initially posted on our site.

In this Agreement, "you" or "your" means any person or entity using the Service ("Users"). Unless otherwise stated, "Invoice.com," "we" or "our" will refer collectively to Invoice.com, Inc. and any of its subsidiaries.

This Agreement was last modified on March 26, 2003.
  1. Eligibility.
    In order to use the Service, you must register for a Business account. Users may only hold one business account. Our Services are only available to individuals or businesses that can form legally binding contracts under applicable law. Without limiting the foregoing, our Service is not available to minors, or persons who are suspended from our Service.

  2. The Legal Relationship between You and Invoice.com.
    2.1 Appointed Agent. Invoice.com acts as a facilitator to help you accept payments from your customers. We act as your agent based upon your direction and your requests to use our Services that require us to perform tasks on your behalf. You acknowledge that (i) Invoice.com is not a bank and the Service is an invoice presentment service rather than a banking service, and (ii) Invoice.com is not acting as a trustee, fiduciary or escrow with respect to your funds, but is acting only as a facilitator.

    If you intend to accept on-line payments/credit card transactions for your invoices, you will be receiving services provided by a third party "Payment Processor", and the terms of the Payment Processors user agreement and privacy policies will govern your rights, obligations and liabilities with respect to such transactions.

    2.2 Internet Service Provider. Invoice.com acts as an Internet service provider by creating, hosting, maintaining and providing our Service to you via the Internet. We do not have any control over the products or services that are paid for with our Service. We cannot ensure that the customer you are dealing with will actually complete the transaction.

    2.3 Identity Authentication. We use many techniques to identify our users when they register on our site. Verification of Users is only an indication of increased likelihood that a User's identity is correct. You authorize Invoice.com, directly or through third parties, to make any inquiries we consider necessary to validate your registration. This may include ordering a credit report and performing other credit checks or verifying the information you provide against third party databases. However, because user verification on the Internet is difficult, Invoice.com cannot and does not guarantee any user's identity.

    2.4 Release. In the event that you have a dispute with one or more customers, you release Invoice.com (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.

    2.5 No Warranty. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

    2.6 Limitation of Liability. IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, LOSS OF DATA, OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states do not allow the exclusion of limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you.

    OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.

    2.7 Indemnification. You agree to indemnify and hold Invoice.com, its subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand (including attorneys' fees) made or incurred by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party relating to your use of the Service.

  3. Fees.
    3.1 Invoice fees are refundable up to 7-days from the date of purchase. After 7 days, Invoice purchase fees are not refundable.

    3.2 All fees will be assessed in U.S. dollars unless otherwise specified.

  4. International Use.
    To be eligible for an account, you warrant that you are violating no law or regulation by your use of Invoice.com.

  5. Receiving Payments.
    5.1 If you opt to set-up a payment gateway with a third party "Payment Processor" you will be bound by the privacy policy, terms and conditions of the Payment Processor.

    5.2 Invoice.com will not be held liable for any failed transactions initiated through a third party Payment Processor.

  6. Your Information and Restricted Activities
    6.1 Definition. "Your Information" is defined as any information you provide to us or other users in the registration or other features of our Service. You are solely responsible for Your Information, as we act as a passive conduit for your online distribution and publication of Your Information.

    6.2 Restricted Activities. Your Information and your activities through our Service shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) be related in any way to gambling and/or gaming activities, including but not limited to payment or the acceptance of payments for wagers, gambling debts or gambling winnings, regardless of the location or type of gambling activity (including online and offline casinos, sports wagering and office pools), with the exception of payments for gaming transactions that are expressly authorized by law in the jurisdiction of both the sender and the recipient of the payment; (d) infringe on any third party's copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy; (e) violate any law, statute, ordinance, contract or regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, anti-discrimination, or false advertising); (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) be obscene or contain child pornography; (h) contain any viruses, spyware, Trojan horses, worms, time bombs cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information; and (i) create liability for us or cause us to lose (in whole or in part) the services of our ISP's or other suppliers. If you use, or attempt to use the Service for purposes other than sending invoices and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.

    6.3 License. Solely to enable Invoice.com to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensible (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Invoice.com will use and protect Your Information in accordance with our Privacy Policy.

    6.4 Trademarks. Invoice.com, and all related logos, products and services described in this website are either trademarks or registered trademarks of Invoice.com, Inc., or its licensors, and (aside from the circumstances described below) may not be copied, imitated or used, in whole or in part, without the prior written permission of Invoice.com. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Invoice.com and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Invoice.com.

    Notwithstanding the above, HTML logos provided by Invoice.com may be used without prior written consent for the purpose of directing web traffic to the Service. These Logos may not be altered, modified, or changed in any way, or used in a manner that is disparaging to Invoice.com or the Service. Logos may not be displayed in any manner that implies sponsorship or endorsement by Invoice.com. Invoice.com is a presentment service, and no partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

  7. Access and Interference.
    Our web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Invoice.com site or any activities conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is proprietary or is licensed to Invoice.com by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, publicly display or frame any content (except for Your Information) from our web site without the prior expressed written permission of Invoice.com or the appropriate third party. If you use, or attempt to use the Service for purposes other than sending and receiving payments and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.

  8. Privacy and Security.
    We do not sell or rent your personal information to third parties for marketing purposes without your consent and we only use Your Information as described in the Privacy Policy. We view protection of users' privacy as a very important principle. We understand clearly that you and Your Information are one of our most important assets. We store and process Your Information on computers located in the United States that are protected by physical as well as technological security devices. You should only log in to your Invoice.com account on a page which begins with https://www.invoice.com/. All of our pages begin with https://www.invoice.com/ and therefore you should not use any other site that does not begin as such. We use third parties to verify and certify our privacy principles. Our current Privacy Policy is available at http://www.invoice.com/company/privacy_policy.asp. If you object to your information being transferred or used in this way, please do not use our Services.

  9. Termination or Closing Your Account.
    You may close your account at any time by clicking the "Close Business" link in the "Business" section of your account on the Invoice.com website. You may not use closure of your account as a means of evading investigation. You will remain liable for all obligations related to your account even after such account is closed.

  10. Assignability.
    You may not transfer any rights or obligations you may have under this Agreement without the prior written consent of Invoice.com. Invoice.com reserves the right to transfer this Agreement or any right or obligation under this Agreement without your consent.

  11. Legal Compliance.
    You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of our Services.

  12. Additional Terms.
    The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific Services we offer:

    Privacy Policy

    Each of these policies may be changed from time to time and are effective immediately after we post the changes on our Service, except our Privacy Policy for which we will provide you with thirty days prior notice. In addition, when using particular Services, you agree that you are subject to any posted policies or rules applicable which may be posted in conjunction with those Services. All such posted polices or rules are hereby incorporated by reference into this Agreement.

  13. Notices.
    13.1 Electronic Communications. You agree that this Agreement constitutes "a writing signed by You" under any applicable law or regulation. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your account and/or your use of the Service ("Communications"), may be provided to you electronically and you agree to receive all Communications from Invoice.com in electronic form. Electronic Communications may be posted on the pages within the Invoice.com website and/or delivered to your e-mail address. You may print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in "writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. Invoice.com reserves the right but assumes no obligation to provide Communications in paper format.

    13.2 Credit Report. You agree that Invoice.com may order and review your credit report with the sole purpose of assessing your fitness to hold a Invoice.com account and/or your ability to use the Service or features thereof.

    13.3 Procedure. Except as explicitly stated otherwise, any notices shall be given by postal mail to Invoice.com Inc., 15821 NE 8th St. Suite #W200, Bellevue WA 98008 (in the case of Invoice.com) or to our online message center or the email address you provide to Invoice.com during the registration process (in your case). Notice shall be deemed given 24 hours after posted or email is sent, unless the sending party is aware that the electronic communication was not received. Alternatively, we may give you notice by mail to the address provided to Invoice.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

  14. Legal Disputes. In the event a dispute arises between you and Invoice.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Invoice.com agree that any controversy or claim at law or equity that arises out of this Agreement or Invoice.com's services ("Claims") shall be resolved in accordance with one of the subsections below, or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, Invoice.com strongly encourages users first to contact Invoice.com directly to seek a resolution. Invoice.com will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
    14.1 Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or Invoice.com may elect to resolve the dispute through binding arbitration conducted by telephone, on-line, and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS, in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

    14.2 Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Bellevue, Washington. You and Invoice.com agree to submit to the personal jurisdiction of the courts located within the county of Bellevue, Washington.

    14.3 Alternative Dispute Resolution. Invoice.com will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Bellevue, Washington.

    14.4 Violations of Section 14. All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the party first to assert a Claim, either through a court filing or commencement of arbitration.
  15. General.
    This Agreement is governed by and interpreted under the laws of the state of Washington, U.S. as such laws are applied to agreements entered into and to be performed entirely within Washington by Washington residents. Notwithstanding the foregoing sentence, the Federal Arbitration Act ("FAA"), and all of its rules and procedures, shall govern Section 14 hereof, to the extent that the FAA is inconsistent with Washington law. We do not guarantee continuous, uninterrupted or secure access to our service, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Invoice.com, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement and the documents it incorporates set forth the entire understanding between us with respect to the subject matter hereof. Sections (3) Fees, (2.4) Release, (7) Access and Interference, (2.6) Limitation of Liability, (2.7) Indemnity, and (14) Legal Disputes shall survive any termination or expiration of this Agreement.

  16. Disclosures.
    The Services are offered by Invoice.com Inc., located at 15821 NE 8th St. Suite #W200, Bellevue, Washington, 98008. If you are a Washington resident, you may have this same information emailed to you by sending a letter to the address above with your email address and a request for this information.

    Disputes between you and Invoice.com regarding our Services may be reported to Customer Support by going to the Invoice.com Help Center.

20-Nov-2017About Us | Privacy | Help© 2017 www.invoice.com