Last Updated: February 23, 2011
PLEASE READ THESE TERMS OF USE ("TERMS") CAREFULLY BECAUSE THEY INCLUDE MANY IMPORTANT TERMS, INCLUDING THE REQUIREMENT THAT DISPUTES BE SETTLED BY ARBITRATION, AND NOT BY LAWSUIT. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS, DO NOT USE THIS WEBSITE.
These Terms apply exclusively to your access to, and use of the website of Concur Technologies, Inc. (“Concur”) located at Concur.com ("Site"). These Terms will supplement, but will not supersede or replace in any way, the terms or conditions of any other agreement you may have with Concur, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf and that such entity agrees to indemnify Concur for violations of these Terms.
Concur reserves the right to modify or replace these Terms or any policy or guideline of the Site at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should periodically review these Terms and applicable policies to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended Terms, you must stop using the Site.
1. Privacy Policy. Please refer to our Privacy Policy for information on how Concur collects, uses and discloses personal information.
2. Subscription Agreement. The terms and conditions of use of the Concur Breeze service is pursuant to a separate service agreement.
3. Copyright and Limited License. Copyright © 2009 Concur and/or its suppliers, 18400 N.E. Union Hill Road, Redmond, Washington 98052 U.S.A. All rights reserved.
Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, the Concur logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Site Materials") are the proprietary property of Concur or its licensors or business partners and are protected by U.S. and international copyright laws.
You are granted a nonexclusive, non-transferable license, solely for your internal business use, to (i) access and use the Site and (ii) download and reproduce Site Materials that are specifically made available on the Site for download (such as white papers, press releases, datasheets and FAQs) (“Documents”), provided that any copyright notices on each page of the Document reproductions are reproduced in full and that you agree to comply with all such notices. Any other uses of the Site or any Site Materials require additional permission from Concur or our respective partners. Such license is subject to these Terms and does not include: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Concur, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
4. Trademarks. Concur, Concur Technologies, Concur Breeze, the Concur logos and any other product or service name or slogan contained in the Site are trademarks of Concur and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Concur or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Concur" or any other name, trademark or product or service name of Concur without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Concur and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Concur names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
5. Hyperlinks. You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Concur or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Concur logo or other proprietary graphic of Concur to link to this Site without the express written permission of Concur. Further, you may not use, frame or utilize framing techniques to enclose any Concur trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Concur's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Concur or any third party.
Concur makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of Concur and Concur is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Concur provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Concur of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
6. Third-Party Content. Concur may provide third-party content on the Site and may provide links to Web pages and content of third parties (collectively the "Third-Party Content") as a service to those interested in this information. Concur does not monitor or have any control over any Third-Party Content or third-party websites. Concur does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. Concur does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third-Party Content. Users use such Third-Party Content contained therein at their own risk.
7. Advertisements and Promotions; Third-Party Products and Services. Concur may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party products or services on the Site. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Concur is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Concur advertisers or third-party information on the Site.
8. Submissions. You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding the Site, the Concur Breeze service or Concur's other products or services provided by you to Concur (“Submissions”), are non-confidential and shall become the sole property of Concur. Your provision of Submissions to Concur will constitute (a) your assignment to Concur of all your rights, title, interest and goodwill in the Submission, and (b) your agreement that Concur shall own exclusive rights, including all intellectual property rights, in such Submissions and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
9. Your Data. Concur reserves the right, but not the obligation, to monitor any activity and information associated with our Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Concur's systems and customers, or to ensure the integrity and operation of Concur's business and systems, Concur may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addresses and traffic information and usage history. Concur's right to disclose any such information shall govern over any terms of Concur's Privacy Policy.
10. Your Conduct. You shall not directly or indirectly do any of the following: (a) upload to, distribute, or otherwise introduce or publish through this Site any message, information, text or other material that is unlawful, infringing, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable; (b) reverse engineer, decompile or disassemble any aspect of this Site or any Site Material; (c) remove, obscure or alter any intellectual property right or confidentiality notices or legends appearing in or on any aspect of this Site or any Site Material; or (d) disseminate any harmful content of any kind, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information. You will use the Site and Site Materials in accordance with these Terms and all applicable laws, including any applicable export, import or trade regulations.
11. Indemnification. You shall indemnify and hold harmless Concur and its parent and affiliate companies, and their directors, officers, employees, agents, successors and assigns from and against any claims, damages, costs, liabilities and expenses (including reasonable attorneys' fees) arising out of or related to your Submissions, your use of the Site or Site Materials, or your breach of these Terms. For any indemnifiable claim described in this Section, at Concur’s election upon notice to you, you shall, at your expense, defend any such claim, provided that, if any settlement requires any obligation of an indemnified party, then such settlement shall require Concur’s prior written consent. Concur may assume exclusive control over the defense of any such claim at any time by not electing to have you assume responsibility for such defense or, if such election has been made, by giving notice to you of Concur’s resumption of exclusive control over such defense. If any compromise or settlement is made with respect to such claim, you shall pay all amounts in settlement of such claim.
12. Disclaimer. THE SITE AND SITE MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CONCUR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE AND SITE MATERIALS. CONCUR DOES NOT REPRESENT OR WARRANT THAT SITE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. CONCUR IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS, INACCURACIES OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. ALSO, WHILE CONCUR ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE SAFE, CONCUR CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. FINALLY, CONCUR RESERVES THE RIGHT TO CHANGE THE SITE AND ANY SITE CONTENT AT ANY TIME WITHOUT NOTICE.
13. Limitation of Liability. IN NO EVENT SHALL CONCUR, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF OR INABILITY TO USE THE SITE OR THE SITE MATERIALS, EVEN IF CONCUR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. Applicable Law and Venue; Law and Venue; Arbitration. These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Washington USA, applicable to agreements made and to be entirely performed within the State of Washington USA, without resort to its conflict of law provisions. Any claim, dispute, or controversy related to or arising out of these Terms or the Site shall be resolved exclusively by binding arbitration pursuant to the Commercial Arbitration Rules (“AAA Rules”) of the American Arbitration Association ("AAA"), but the parties do not necessarily intend for the AAA to administer the arbitration. The arbitration will take place in Seattle, Washington and the internal laws of the State of Washington (other than conflicts of laws rules) and of the United States of America shall apply. Part or all of the arbitration may be conducted by telephone or based on written submissions, and will not require the personal appearance of the parties or any witnesses unless otherwise agreed by the parties. The allocation of costs and fees for such arbitration shall be determined in accordance with the AAA Rules. If such costs are finally determined to be excessive in a consumer dispute, Concur will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitration shall be conducted by a single, neutral arbitrator engaged in the practice of law who is mutually agreed upon by the parties or failing such agreement within 14 days from the delivery of the original arbitration demand, each party shall select one arbitrator and the two selected arbitrators shall mutually agree upon the selection of a third arbitrator within 30 days from the delivery of the original arbitration demand. The arbitrator's decision and award shall be final and binding and may be entered in any court with jurisdiction. Nothing in these Terms will prevent a party from seeking injunctive or other equitable relief with respect to the infringement, misappropriation or other violation of such party’s intellectual property or other proprietary rights in any court of competent jurisdiction. In the event the foregoing agreement to arbitrate is deemed unlawful, void, or for any reason unenforceable with respect to any claim, dispute or controversy, then you agree that such claim, dispute or controversy shall be filed and adjudicated only in the state and federal courts located in King County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
15. Termination. Notwithstanding any of these Terms, Concur reserves the right, without notice and in its sole discretion, to terminate your license to use the Site and to block or prevent future access to, or use of, the Site at any time. You understand and agree that Concur shall have the right to destroy any data or other information you upload or submit upon terminating your right to access and use the Site.
16. Severability. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
17. Questions & Contact Information. Questions or comments about the Site may be directed to Concur at 1-888-811-2030.