Effective Date: April 15, 2015
RedSwipeLLC owns, maintains and operates Redswipe.com as a way to promote the use of Digital Receipts and digital coupons without the need for end-users personal information.
the "Services" in this document) is subject to the terms of a legal agreement between you and RedSwipe LLC. RedSwipe LLC, RedSwipe.com or "we" means RedSwipe
LLC, a Florida corporation with principal place of business at 1990 Main Street, Suite 750, Sarasota,FL - 34236, United States.
Eligibility and Agreement
You can use our website,services and mobile apps only if you can lawfully enter into and form contracts under applicable law.
If you use our website, services or mobile apps,you must do so in compliance with applicable laws and regulations.
We provide a system that incorporates hardware and software to enable consumers to directly capture receipts from Point of Sales Systems (POS),
manually enter receipts including images of such receipts, using our website and mobile apps. The electronically captured or manually
entered receipts are then available for the consumer's personal or business use.
Changes to these Terms
RedSwipe reserves the rights to make changes to these Terms in accordance with applicable legal requirements,and we will post the updated Terms on our website
Changes to Our Website, Services or Apps
RedSwipe will make changes to its website, services and mobile apps to improve the user experience or to meet its business needs.
Therefore, users may be prevented from accessing our website, services or apps as well as any user stored data.
Although RedSwipe services are completely FREE right now, and we strive to keep it that way, RedSwipe reserves the rights to changes its FREE services to paid services.
RedSwipe may do so through recurring paid subscriptions. The charge may be monthly, quarterly or yearly depending on what is offered at the time.
Your subscription will then renew and the applicable fees will be charged automatically on the recurring period.
We may terminate your subscription for any paid plan if we are unable to renew your subscription due your providing inaccurate or outdated credit card information.
RedSwipe may change its subscription fees at any time and for any reason. However, we will provide you notice of the changes at least 30 calendar days prior to the expiration
of the subscription. You may cancel your subscription at any time by notifying us via email at firstname.lastname@example.org.
If you cancel your subscription, you acknowledge and agree that NO REFUNDS will be issued. If you cancel your subscription,
it will terminate at the end of the then-current billing period.
RedSwipe reserves the rights to limit the number of receipts users can store in their accounts. If any data needs to be purged, users will be notified.
Your responsibilities when using Our Services
You understand that you are responsible for maintaining the confidentiality of any passwords associated with your account with us,
as well as any activity occurring within that account. You agree that you will not reproduce,duplicate, copy, sell or resell our services for any purpose.
You agree you will not engage in any activity that interferes with or disrupts our services.
You agree that you will not create an account with us to take advantage of a user name and that you will not sell, buy, or solicit payment in exchange for a user name.
Any violation of this section may result in permanent account suspension.
If a user account is not logged in for 6 months, account will be considered inactive and the user will be notified by email.
After notification, if user does not respond or access their account, RedSwipe will purge the data and suspend the account.
The user name will remain available for the user for 12 months. After non use for 12 months, the username and account details will be purged forever.
Any RedSwipe stickers or other anonymous RedSwipe ID token will be deactivated.
Discounts and Coupons
While we strive to ensure our retailers are honest about the coupons and offers they create on the RedSwipe platform,
RedSwipe is not responsible for accuracy of any coupons and offers by retailers to consumers.
Any claims or issues must be dealt with directly with the retailer or business making the offers.
Ownership of Intellectual Property Rights
Our website, services and apps and all intellectual property rights relating to these are owned by us.
We retain all right, title and interest (including all copyright,trademark, patent, trade secrets and all other intellectual property rights)
in our website, all content on our website, and our trademarks, service marks,designs, logos, URLs, and trade names that are displayed on our website.
These rights extend to any content that you post or provide on our website, which becomes ours when you submit it and can be used by us in any manner we wish.
You may not use, copy or retransmit anything on our website without our permission. We reserve all rights not expressly granted herein.
RedSwipe and the RedSwipe logo are our trademarks, registered trademarks or service marks. Any other trademarks mentioned in our website are the property of their respective owners.
Our website, services and apps are provided "as is" with no warranty of any kind.
Your use of our website, services and apps are at your sole risk.
We expressly disclaim any liability for any person using our website, services and apps.
WE EXPRESSLY DISCLAIM ANY WARRANTY,EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE OR NON INFRINGEMENT. NOTHING IN THIS AGREEMENT IS
INTENDED TO AFFECT ANY APPLICABLE RIGHTS YOU MAY HAVE UNDER LOCAL LAW.
You agree to hold harmless and indemnify us, our employees,agents and representatives,
from and against any third party claim arising from or in any way related to your
use of our website, services and apps, including any liability or expense arising
from all claims, losses, damages, suits,judgment and attorneys fees of every kind and nature.
Limitation of Liability
IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION,
SERVICES AND APPS OR THE ACT OR OMISSION OF ANY BUSINESS USING OUR SERVICE OR OTHER THIRD PARTY, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON BREACH OF CONTRACT,
BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will been forced to the maximum extent
permissible and the other provisions of these Terms will remain in full force and effect.
Governing Law and Arbitration
Florida law will govern this Agreement and any controversies arising out of or in relation with this Agreement,without
giving effect to that state's principles of conflicts of law. Any dispute relating to these Terms of Service will be
submitted to an arbitrator for full and final settlement pursuant to the JAMS Comprehensive Arbitration Rules and Procedures,
provided that we may, at our option, bring any suit relating to our intellectual property rights, in any court of competent jurisdiction.
All arbitration will be held in Sarasota County, Florida, in English.
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
constitute the entire and exclusive agreement between RedSwipe and you regarding its subject matter, and supersede and replace any previous or contemporaneous written or oral contract, warranty, representation or understanding regarding its subject matter.