Terms and Conditions

Concur Card Data Access User Agreement

Last updated: April 30, 2018

Welcome to the Concur card data access service (the “Service”), which is part of the Concur expense management service available through the website Concur.com and/or related websites (collectively, the “Site”). The following agreement is required of any individual who uses the Service in connection with a Concur account (“Account”).

By registering to use, or using, the Service, you (1) agree to the following terms and conditions of this user agreement (the “User Agreement”), and (2) represent and warrant that you are authorized by the company or organization identified as the Account holder (“Company”) to use the Account as an individual user (“User”).

Further, by agreeing to the User Agreement, you also agree to the Concur product privacy statement, located at https://www.concur.com/en-us/processor-privacy-statement, which includes information on how Concur collects, uses and discloses personal information. If you do not agree to this User Agreement, do not use the Service.

Concur Technologies, Inc. (“Concur”) reserves the right to modify or replace this User Agreement at any time and in Concur’s sole discretion. Concur will indicate at the top of this User Agreement the date such document was last updated. Any changes will be effective immediately upon posting the revised version on the Site (or such later effective date as may be indicated at the top of the revised User Agreement). Your continued use of the Service following the posting of any changes to this User Agreement will constitute your acceptance of such changes. If you do not agree to the changes, you must stop using the Service. In addition, Concur may provide other methods by which you may accept this User Agreement or changes to this User Agreement.

Registration; Account Security. User registration is required to use the Service. Concur reserves the right to refuse registration, or to refuse or limit access to the Service or any features, to anyone in its sole discretion. You will provide true, accurate, current and complete information in any registration or other Service and Account-related forms on the Site or that you otherwise provide to Concur (“User Information”), agree not to misrepresent your identity or your User Information, and agree to maintain the security of your username(s) and password(s). You will maintain and promptly update your User Information to keep it accurate, current and complete. YOU UNDERSTAND THAT ANY PERSON WITH YOUR USERNAME(S) AND PASSWORD(S) MAY BE ABLE TO ACCESS THE ACCOUNT (INCLUDING USER INFORMATION, EXPENSE REPORT DATA, TRANSACTION INFORMATION, AND OTHER USER DATA (COLLECTIVELY, “CONTENT”) YOU OR OTHERS HAVE PROVIDED TO CONCUR OR AUTHORIZED CONCUR OR YODLEE, INC. (“YODLEE”) TO COLLECT). YOU ACCEPT ALL RISKS OF UNAUTHORIZED ACCESS TO OR MISUSE OF THE ACCOUNT OR A THIRD PARTY WEBSITE (AS DEFINED BELOW) BASED ON THE SHARING OR LOSS OF A USERNAME AND PASSWORD. You will promptly notify Concur if you discover or otherwise suspect any security breaches related to the Site, including any unauthorized use or disclosure of a username or password.
Grant of Rights; Ownership; Use Restrictions.
1. Grant of Rights. Subject to the terms of this User Agreement: (a) Concur hereby grants you a non-exclusive, non-transferable, worldwide right during the term of the User Agreement to access and use the Service and to use the content delivered to you through the Service only on the Service, solely for the Company’s internal business or commercial purposes as contemplated by this User Agreement; and (b) you hereby grant Concur and its service providers, including Yodlee, a non-exclusive, worldwide right (i) to use, modify, display, distribute and create new material using your Content as necessary to provide the Service, and (ii) to create and use aggregated or anonymized forms of your Content that do not identify Company, you or any other users of an Account (“Aggregated Content”) for Concur’s business purposes. By submitting Content, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, Concur and Yodlee may use the Content as necessary to provide the Service.
2. Ownership. Subject to the rights granted to you above, Concur and its licensors and suppliers own and retain all right, title, and interest in and to the following (collectively, “Concur Property”): (a) the Service, the Site, and all other software, hardware, technology, documentation, content and information provided by Concur and Yodlee in connection with the Service; (b) all Aggregated Content; (c) all ideas, know-how, and techniques that may be developed, conceived, or invented by Concur and Yodlee during its performance under this User Agreement; and (d) all worldwide patent, copyright, trade secret, trademark and other intellectual property rights in and to the property described in clauses (a), (b) and (c) above. Subject to the rights granted to Concur above, you or the Company owns and retains all right, title, and interest in and to the Content and all intellectual property rights therein.
3. Restrictions. Except as expressly permitted under this User Agreement, you shall not directly or indirectly do any of the following: (a) access, use, sell, distribute, sublicense, broadcast, or commercially exploit any Concur Property or any rights under the User Agreement, including without limitation any access or use of any Concur Property on a service bureau basis or for any Company processing services (such as for any third parties on a rental or sharing basis); (b) introduce any infringing, obscene, libelous, or otherwise unlawful data or material into the Service; (c) copy, modify, or prepare derivative works based on Concur Property, including without limitation any Java applets associated with the Service; (d) reverse engineer, decompile, disassemble, or attempt to derive source code from any Concur Property; or (e) remove, obscure, or alter any intellectual property right or confidentiality notices or legends appearing in or on any aspect of any Concur Property.
Third Party Accounts. You authorize Concur and Yodlee to access third party websites designated by you (such as credit card websites), on your behalf, to retrieve information requested by you, and to register for accounts (within the Yodlee Personal Financial Management (PFM) service) requested by you (each, a “Third Party Website”). For all purposes hereof, you hereby grant Concur and Yodlee a limited power of attorney, and you hereby appoint Concur and Yodlee as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access Third Party Websites and third party servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN CONCUR OR YODLEE ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY WEBSITES, CONCUR AND YODLEE ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that Third Party Website providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the Service is not endorsed or sponsored by any Third Party Website providers accessible through the Service. You acknowledge that through the use of the Service, Concur and Yodlee shall have access to your Third Party Website account credentials, including, but not limited to login username and passwords (such as to access and use an online credit card account).
Warranties and Limitations.
1. Warranty. You hereby represent, warrant, and covenant to Concur that: (a) you have the authority to enter into this User Agreement, to grant the rights granted by you under this User Agreement, and to perform your obligations under this User Agreement; (b) you will comply with all applicable laws and regulations that may be in effect during the term of this User Agreement as they apply to your obligations under this User Agreement; and (c) the Content, and the use thereof by Concur, does not and will not infringe, or constitute an infringement or misappropriation of, any intellectual property rights, privacy rights or other proprietary rights of a third party or breach the terms of any agreement with a third party.
2. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, AND CONCUR AND YODLEE DISCLAIM ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND GUARANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SERVICE OR ANY OTHER ITEMS OR SERVICES COVERED BY OR FURNISHED UNDER THIS USER AGREEMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY (a) OF MERCHANTABILITY, (b) OF FITNESS FOR A PARTICULAR PURPOSE, (c) ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE, OR (d) NONINFRINGEMENT. CONCUR AND YODLEE DO NOT WARRANT THAT (v) THE SERVICE WILL MEET YOUR REQUIREMENTS, (w) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (x) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (y) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (z) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CONCUR OR YODLEE THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.
3. Limitation of Liability. IN NO EVENT WILL CONCUR OR YODLEE, NOR ANY OF THEIR AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), HOWEVER CAUSED AND UNDER WHATEVER THEORY OF LIABILITY, EVEN IF CONCUR OR YODLEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (c) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (d) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (e) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; (f) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER WEBSITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (g) ANY OTHER MATTER RELATING TO THE SERVICE OR OTHERWISE IN CONNECTION WITH THIS USER AGREEMENT.
Indemnification.
1. By You. You shall indemnify and hold harmless Concur and Yodlee, their parent and affiliate companies, and their directors, officers, employees, agents, successors and assigns from and against any and all third party claims, losses, damages, liabilities, costs and expenses (including reasonable attorney’s fees) caused by or arising from: (a) your use of the Service, (b) allegations that the Content, your use of the Service, or use of the Service by any other person using your portion of the Account, infringes upon any patent, copyright, trademark, privacy, trade secret, or other proprietary right of, or otherwise harms, any third party or breaches a contract with any third party; or (c) your failure to comply with your obligations under this User Agreement or from your acts or omissions or the acts or omissions of your successors and assigns.
2. Defense; Procedure. For any indemnifiable claim described in this Section 5, 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.
Data Security. Concur will use reasonable efforts to establish and maintain safeguards to protect the security and integrity of the Service and protect against the accidental or unauthorized access, use, alteration or disclosure of the Content. Except with your consent or as otherwise permitted under Section 2.1(b) and 2.2 of this User Agreement, Concur will not use the Content other than to provide the Service.
Term and Termination
1. Term. The term of this User Agreement will commence when you register to use, or first begin using, the Service and will continue until terminated in accordance with this User Agreement. You may terminate this User Agreement at any time with respect to any Third Party Website that you have granted access to Concur and Yodlee by removing the applicable card from your individual user homepage. Concur reserves the right to terminate this User Agreement at any time, with or without cause and in its sole discretion, immediately upon written notice (which may be by email) or by terminating an Account or your user access to an Account or the Service and redirecting login attempts to a notice regarding such termination. You agree that this User Agreement will automatically terminate upon the cancellation of the Account or your access to the Account, and that the Company may cancel your access to the Account at any time with or without notice to you. If the Company is registered for a free limited-time trial and has not upgraded to a paid subscription, the Account will be cancelled and this User Agreement will automatically terminate upon the end of the limited period of time we specified for free trial use on the Site.
2. Effect of Termination. Upon termination of this User Agreement, all rights granted to you under this User Agreement shall immediately terminate, including the right to access and use the Service. Termination of this User Agreement shall not be construed to waive or release any claim that a party is entitled to assert at the time of such termination, and the applicable provisions of this User Agreement shall continue to apply to such claim until it is resolved. Without limiting the foregoing, Sections 2.1(b), 2.2, 2.3, 4, 5, 7.2 and 8 of this User Agreement shall survive the termination of this User Agreement for any reason.
Miscellaneous
1. Relationship of Parties. Except as set forth in Section 3, Concur and you are independent contractors and this User Agreement will not establish any relationship of partnership, joint venture, employment, franchise, or agency between Concur and you. You shall not, and will have no power to, bind Concur or incur obligations on Concur’s behalf. You agree that Yodlee is a third party beneficiary of this User Agreement, with all rights to enforce this User Agreement as if Yodlee were a party to this User Agreement.
2. Assignment. You may not assign or transfer this User Agreement without the prior written consent of Concur, and any attempted assignment without such consent will be void. Concur may assign or transfer this User Agreement at any time. Subject to the foregoing restriction on you, this User Agreement is binding on the parties hereto and their respective successors and permitted assigns.
3. Waiver and Severability. Concur’s failure to enforce any term or condition of this User Agreement shall not be deemed a waiver of the right to later enforce such term or condition or any other term or condition of this User Agreement. If any provision of this User Agreement is found to be void or unenforceable, that provision will be enforced to the maximum extent possible, and the remaining provisions of this User Agreement will remain in full force and effect.
4. Excused Performance. Concur shall not be liable for any delay or failure to perform due to causes beyond its reasonable control.
5. Entire Agreement. This User Agreement contains the entire agreement and understanding between Concur and you with respect to the subject matter thereof and supersedes all prior agreements, negotiations, representations, and proposals, written and oral, relating to such subject matter.
6. Amendments. This User Agreement shall not be deemed or construed to be modified, amended, or waived, in whole or in part, except as set forth above or by a separate written agreement duly executed by the parties to this User Agreement.
7. Governing Law and Venue; Arbitration. This User Agreement 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 this User Agreement or the Service 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 this User Agreement 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 any 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 this User Agreement.
8. Interpretation. This User Agreement will not be construed in favor of or against any party by reason of the extent to which any party participated in the preparation of this User Agreement.