Learn more about our commitment to your security by reading our Terms and Conditions.
1. Applicability
(a) The following Terms of Service (“Terms”) are a legal agreement between you (“Customer,” “you” or “your”) and OUT OF POCKET EXP LLC ("Out of Pocket," "we," “us” or “our”) and govern your access to and use of our services, which include any websites, applications, or any other ways we allow you to engage with us to facilitate expense management, auditing and processing of valid reimbursable expenses in connection with your insurance claim (collectively, the “Services”).
(b) By accessing and/or using any of the Services, you agree to these Terms and any other policies or terms referenced within or posted throughout the Services. You also acknowledge that you have read and understand our privacy statement (the “Privacy Statement”), which has been posted to https://www.outofpocketexp.com/ (the “Website”).
(c) FROM TIME TO TIME, WE MAY UPDATE OR MODIFY THESE TERMS OF SERVICE IN OUR DISCRETION AND WILL POST THE UPDATED TERMS TO THE WEBSITE.
2. Services
We agree to provide the Services to you in accordance with these Terms. By using the Services, you agree that you will not provide false information to us, impersonate any other person, or otherwise attempt to mislead Out of Pocket about the truthfulness or accuracy of the data you transmit through the Services.
3. Your Obligations You shall
(a) promptly provide Out of Pocket with receipts ONLY for valid expenses covered by your insurance company’s reimbursement policy.
(b) comply with all terms and conditions of your insurance company’s reimbursement policy:
(c) respond promptly to any request to provide such information or documentation as we may request to perform the Services in a timely manner and ensure that all such information and documentation is complete and accurate in all respects; and
(d) cooperate with Out of Pocket in all other matters relating to the Services.
4. Customer's Acts or Omissions
If Out of Pocket’s performance of its obligations under this Agreement is prevented or delayed by any act or omission of Customer, Out of Pocket shall not be deemed in breach of its obligations or otherwise liable for any costs, charges, or losses sustained or incurred by Customer, in each case, to the extent arising directly or indirectly from such prevention or delay.
6. Disclaimer of Warranties
OUT OF POCKET MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
7. Limitation of Liability
(a) IN NO EVENT SHALL OUT OF POCKET BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
(b) IN NO EVENT SHALL OUT OF POCKET’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO SERVICE PROVIDER IN CONNECTION WITH THE SERVICES PROVIDED TO CUSTOMER IN THE THREE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
8. Termination of Terms of Service
These Terms of Service continue to govern your use of the Services unless and until such time as you or we terminate your use of any applicable Service(s). Upon termination, you will lose access to the relevant Services, and we may delete any information stored regarding you or your transactions through the Services. Out Of Pocket reserves the right, in its sole discretion, to limit, suspend, or terminate your account and/or access to all or any part of the Services at any time and for any reason without notice to you and without liability to you or to any third party. Additionally, any of the Services, or any feature or portion thereof, may be modified, replaced, suspended, or terminated, without notice at any time, in our sole discretion, without liability.
9. Agreement to Arbitrate
You agree that any and all disputes or claims that have arisen or may arise between you and Out Of Pocket, whether arising out of or relating to these Terms of Service or in connection with your use of the Services, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of the arbitration agreement posted to the Website (the “Arbitration Agreement”), except that you may assert individual claims in small claims court if your claims qualify. You agree that, by agreeing to these Terms, you and Out of Pocket are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of the Arbitration Agreement. Notwithstanding the foregoing, the Arbitration Agreement shall not preclude either party from pursuing a court action for the sole purpose of obtaining a temporary restraining order or preliminary injunction in circumstances in which such relief is appropriate provided that any other relief shall be pursued through an arbitration proceeding pursuant to the Arbitration Agreement.
10. Governing Law
All matters arising out of or relating to these Terms of Service are governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Delaware.
11. Miscellaneous
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. Failure of Out of Pocket to act on or enforce any provision of these Terms will not be construed as a waiver of that provision or any other provision herein. No waiver will be effective against Out of Pocket unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. Except as expressly agreed by Out of Pocket and you, these Terms, including any Out of Pocket policies governing the Services referenced herein, constitute the entire agreement between you and Out of Pocket with respect to the subject matter hereof and supersedes all previous or contemporaneous agreements, whether written or oral, between you and Out of Pocket with respect to the subject matter. The section headings are provided merely for convenience and will not be given any legal import.