ACCEPTANCE OF TERMS
You may not, without limitation: (a) make any resale or commercial use of the Site or its Content (other than the Client Data itself); (b) make any derivative use of the Site or its contents; or (c) use any data mining, robots, or similar data gathering and extraction methods within the Site. Except as expressly stated in this Usage Policy, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of FieldAware or any third party. Elements of the Site, including page headers, custom graphics, logos, sounds, images and button icons are protected by copyright, trademark, trade dress and other laws and may not be copied or imitated in whole or in part. You may not use, frame, or utilize framing techniques to enclose any FieldAware trademark, logo, or other proprietary information (including the images and photographs found at this Site, the content of any text and/or the layout or design of any page of the Site) without FieldAware’s express written consent. Any unauthorized use of this Site will terminate the permission granted by this Usage Policy and may violate copyright, trademark, and other laws.
DESCRIPTION OF SERVICE
FieldAware is a web based software application for the Field Service industry. Our website at www.fieldaware.com provides functionality and support to the FieldAware subscribers (the “Service”), information about FieldAware and other content and functionality. This “Service” is provided “As Is” and “As Available” and therefore FieldAware assumes no liability for the timeliness, deletion, misdelivery or failure of any user communications.
The person, persons, organization, or company that develops any content is said to be the “Sender.” The Sender sends or “Posts” his or her content. Any person who reads the content is said to be the “Reader.” All of the text, pictures, links, information, data or any other material contained within any content is considered to be its “Content.” FieldAware cannot and does not edit, modify, or even proofread any of this Content originating from Senders other than itself. You acknowledge and agree that the Sender of any content, is solely responsible for any and all of its Content. Thus, you also acknowledge and agree that FieldAware is in no manner, shape, or form to be held responsible or liable for any of the Content posted by Senders or that can be found anywhere at this website.
FieldAware requests, but cannot guarantee, that all readers of Content and the Site be at least 18 years of age, or accompanied by an adult. FieldAware does not prescreen or otherwise pre-qualify any of these readers in any manner, shape, or form. These readers are usually able to communicate directly with the Senders of content via email. It is the Sender’s responsibility to determine the age and qualifications of any persons that they communicate with via email, as a result of use of the FieldAware Service. It is also the responsibility of any reader and any visitor to determine the qualifications of the Senders, as we do not prescreen or otherwise pre-qualify any of the Senders or affiliated members in any manner, shape, or form. All parties involved should use caution and discretion before sharing any credit card information, passwords, account numbers, or any other relevant personal information. You acknowledge and agree that FieldAware shall not be held responsible or liable for any communications that arise between Senders and Readers from any use of the FieldAware Service.
You acknowledge and agree that the Sender is solely and entirely responsible to be sure that all of his Content complies with all local, state, federal, and international laws, policies, and any other restrictions.
FieldAware may provide directories for the convenience of its members. These directories contain listings of member businesses, associations, organizations and their affiliated websites and bulletin boards. These listings were created solely and entirely by those member entities. FieldAware does not edit, modify, or even proofread any of these listings. Thus, you acknowledge and agree that FieldAware shall not be held responsible or liable for any of the information contained in any of the directory listings.
You understand and agree that FieldAware may ask you to register for various reasons. It is expected that you will provide complete and accurate information. If your information is found to be untrue, or incomplete, FieldAware has the right to suspend or terminate you from service. FieldAware reserves the right to terminate any person, group, or company at any time, for any reason. FieldAware is concerned about the safety and privacy of all of its users, especially children. For this reason, children (under the age of 18) are not permitted to use this service, without the supervision of an adult or legal guardian.
YOU AGREE BY REGISTERING THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. AMONG OTHER THINGS, THIS MEANS (1) IF YOU ARE REGISTERING FOR AN INDIVIDUAL LICENSE ACCOUNT, YOU MUST BE AN INDIVIDUAL OF AT LEAST TWENTY ONE (21) YEARS OF AGE ENROLLING UNDER YOUR OWN NAME AND (2) IF YOU ARE A DESIGNATED USER REGISTERING FOR A BUSINESS LICENSE/ACCOUNT, YOU MUST BE A BONA FIDE EMPLOYEE OR INDEPENDENT CONTRACTOR OF THE BUSINESS ENTITY IN WHOSE NAME THE LICENSE/ACCOUNT IS HELD AND YOU MUST BE AUTHORIZED TO BIND THE BUSINESS ENTITY AND BE AUTHORIZED TO REGISTER UNDER THE NAME OF THE BUSINESS ENTITY.
PAYMENT AND PAYMENT TERMS
Charges applicable to the FieldAware Service are set forth in the registration process at this site and in any registration processes for premium services and supplemental services. In the future, current charges, including billing methods, rates, and surcharges for using FieldAware ‘s service, may be obtained by completing a registration process for the services. FieldAware may now or in the future offer trial periods without certain fees and charges with specific details provided in the registration process for the services. FieldAware reserves the right to change, revise or modify any charges and to institute any new charges. Such changes, revisions, modifications or institutions of new charges will be effective upon notice. You agree to the following payment terms: You agrees to pay all fees and other charges incurred by you or on your account at the rates in effect during the billing period in which the charges were incurred, including any surcharges incurred while using any premium or supplemental services or features for which a surcharge is made upon you or us. You shall pay any and all applicable sales, use and like taxes which accrue as a result of a use of the Service by you or on your account. All payments shall be made by you pursuant to the current Charges. Payment terms on fees are net thirty (30) days. Payments not made within 30 days of billing date are considered delinquent. Delinquent charges are subject to immediate suspension and/or termination without notice. Charges will not be pro-rated. Until FieldAware is notified, you will remain responsible for any unauthorized use of FieldAware’s service and systems occurring on your license and account, including without limitation all Charges. In the event FieldAware shall be required to initiate any collection activities against you for services provided pursuant to this Agreement or to enforce the terms of this Agreement, including without limitation to recover any indemnity owed by you under this Agreement, You agrees to be responsible for all costs and fees associated therewith, including reasonable attorneys’ fees. Cancellation or termination of this Agreement, or any component herein, on the part of FieldAware shall not be construed as a waiver of right to collect monies already owed to FieldAware.
All payments must be made in United States Dollars or the equivalent in other currencies. It is solely your responsibility to ensure that you make proper payment. FieldAware will not accept checks with insufficient payments. FieldAware will not pay the postage to return checks to individuals. Therefore, you acknowledge and agree that FieldAware shall not be held responsible or liable for any payments that are insufficient.
This Section regarding charges, enforcement of the agreement and the collection of monies owed will survive termination of this Agreement.
You understand and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content was originated. This means that you, not FieldAware, are entirely responsible for all Content that you upload, post, email or otherwise transmit via this Service. FieldAware does not control the Content posted via the Service, and as such, does not guarantee the accuracy, integrity, or quality of such content. You understand that by using the service, you may be exposed to content that is offensive, objectionable, or indecent. Under no circumstances will FieldAware be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service. FieldAware ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH CONTENT, INCLUDING WITHOUT LIMITATION, THE QUALITY OR ACCURACY OF INFORMATION AVAILABLE THROUGH ITS SYSTEM.
You acknowledge and agree that FieldAware does not allow any illegal activities. You warrant that you will abide by all applicable local, state, national, and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service.
You agree to not use the Service to:
FieldAware takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. As a provider of interactive services, FieldAware is not liable for any statements, representations or Content provided by its users in any messages, advertisements, directory listings, or any other interactive areas of this website.
FieldAware has the right, but not the obligation, to monitor the activity and Content associated with messages, advertisements, directory listings and any other areas on this website. Although FieldAware has no obligation to monitor the Site, FieldAware may investigate any violation of its policies pursuant to a complaint, or based upon its own discovery, and may take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted Content. FieldAware reserves the right and has absolute discretion, to remove, screen, or edit and Content that violates its terms or is otherwise objectionable. FieldAware also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.
To report any violation of FieldAware’s Usage Policy or its services, please contact us at the listed email address below.
RIGHTS TO REMOVE AND DISCLOSE CONTENT
You acknowledge and agree that FieldAware does not pre-screen any Content or directory listing, but that FieldAware and its designees shall have the right, but not obligation, in their sole discretion to refuse or remove any Content or directory listing that violates this Usage Policy or is in any other way objectionable. Therefore, you also understand and accept that FieldAware shall not be held responsible or liable for any damages that result from the refusal or removal of any Content or directory listing.
You understand and agree that FieldAware maintains the right to preserve Content and may also disclose Content if required by law or in good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce the Usage Policy, respond to claims that any Content violates the rights of third-parties, or protects the rights, property, or personal safety of FieldAware or its users.
You acknowledge and agree that it is your responsibility to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You shall remain solely and totally responsible for any Content that you upload to, transmit to, or create in any of the interactive portions of the website of FieldAware. Each time you provide Content, you represent and warrant that you own or otherwise control the rights or have the necessary consents to do so and you grant every other User and FieldAware the right to download and use such Content. You agree to indemnify and hold FieldAware, and its subsidiaries, affiliates, directors, officers, agents, or other partners and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content that you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the Usage Policy, or your violation of any rights of another. In the event that you have a dispute with one or more users, you release FieldAware (and our officers, directors, agents, subsidiaries, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in an way connected with such disputes.
MODIFICATIONS TO SERVICE
FieldAware reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You acknowledge and agree that FieldAware will not be liable to you or any third party for any modification, suspension or discontinuance of the Service.
RIGHTS OF TERMINATION
You acknowledge and agree that FieldAware, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, block or prevent future access to the Site, and remove and discard any Content, and directory listings, within the Service at any time, for any reason whatsoever, including, without limitation, for lack of use or if FieldAware believes that you have violated or acted inconsistently with the nature of this Usage Policy. FieldAware may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, for any reason, whatsoever, with or without notice. You agree that any such termination can be effected without any prior or written notice to you. FieldAware may also immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to the files or the Service. You also agree that FieldAware will not be held liable to you or any third-party for any termination of access to the Service. FieldAware shall have no obligation to maintain any content in your account or to forward any unread or unsent messages to you or any third party. You also acknowledge and agree that FieldAware shall not be held responsible or liable to you or to any other third parties, for any damages that result from the deletion of any Content or any directory listings.
If any provisions of this Usage Policy shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Usage Policy and shall not affect the validity and enforceability of the remaining provisions.
DEALINGS WITH ADVERTISERS
You acknowledge and agree that any correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. You agree that FieldAware will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
LINKS TO THIRD PARTY SITES
You understand and agree that the Service may provide, or third parties may provide, links to other world wide web sites or resources. Because FieldAware has no control over such sites and resources, you acknowledge and agree that FieldAware is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources or for the sites that these sites may link to, including any changes or updates to such sites. You also agree that FieldAware will not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. FieldAware allows these links as a convenience to the user, and the inclusion of any link does not imply endorsement by FieldAware of the site or any association with its operators. These linked sites may be considered “Affiliated” only in the sense that they have agreed to mention the FieldAware website to others.
LINKING TO FIELDAWARE WEB SITE
The appearance, position and other aspects of any link to the Site may not be such as to damage or dilute the goodwill associated with FieldAware’s names and trademarks. The appearance, position, and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with FieldAware. FieldAware reserves the right to revoke its consent to the link at any time and at its sole discretion. Unauthorized use of any trademark, service mark, or logo may be a violation of federal and state trademark laws.
WEB SITE ACCESSIBILITY
The majority of the pages on this web site are accessible to individuals with disabilities in accordance with Section 508 of the Rehabilitation Act. If you have difficulties accessing any part of the site, please let us know, and we will do our best to reasonably provide you with prompt access to the information you desire.
For Visitors with Visual Disabilities:
If you have trouble viewing any page on our web site with adaptive technology, please let us know right away. E-mail us at firstname.lastname@example.org.
As a convenience, FieldAware allows for readers to communicate directly, by email, with the Senders of many listings, messages and advertisements. Whenever a Reader does choose to communicate with the Sender, the reader does so at his or her own risk. Therefore, you acknowledge and agree that FieldAware shall not be held responsible or liable for any communications or any situations that arise from such communications between the Sender and Reader of any listing, message or advertisement.
FieldAware provides many options and input forms as a convenience to its Members. Election to provide information through these options and forms is usually voluntary. FieldAware does not edit, modify, or proofread any of these Member entries. It is totally up to the Member to be sure that he or she has provided the information correctly. Therefore, you acknowledge and agree that FieldAware shall not be held responsible or liable for any errors made by its Members.
POLICY TOWARDS CHILDREN
FieldAware does not intend to permit children (under the age of 18) to use this site without adult supervision. The reasoning is that FieldAware does not edit, modify, or proofread any of its member-input Content. Thus, FieldAware cannot guarantee that its Content is suitable for any viewer. Thus, you acknowledge and agree that FieldAware shall not be held responsible or liable for any of the Content on its website.
Content posted to the interactive areas of the Site may be protected by copyright or proprietary right. You may display and, subject to any expressly stated restrictions or limitations relating to that specific material, download portions of the material solely for your non-commercial use. Any redistribution, retransmission, or publication of any material or content on the Site is strictly prohibited without the express written consent of the copyright owner. You further agree not to modify or delete any proprietary notices from materials downloaded from the Site.
You understand and agree that you shall have no recourse against FieldAware for any alleged or actual infringement or misappropriation of any proprietary right in any Content you submit to us.
If you believe that any Content on the Site infringes on your copyright, or otherwise violates FieldAware’s Usage Policy, please contact us to report irregularities with the following information:
Send notice of claims of copyright infringement by registered mail to:
2600 Network Blvd
Frisco, TX 75034
FieldAware is not responsible or in any manner liable for any such potential or actual infringement.
RESPECT OF PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that may or may not be protected by applicable intellectual property rights and other laws. Some of the information provided to you through the Service, by advertisers and other parties may be protected by copyrights, trademarks, patents, service marks, or other proprietary rights and laws. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Software, in whole or in part. You also agree to check with us before copying any portion of this website for the purpose of developing any similar websites.
You understand and agree that FieldAware’s software was designed to provide a service to you. You are permitted to use the Service, provided that you do not (and do not allow any third party to) copy, modify, create any derivative works of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by FieldAware for use in accessing the Service.
FieldAware does not own any Content in the form of the data, information or material regarding your customers and trade accounts that you submit in the course of using the Service (“Client Data”). You shall have sole responsibility for the accuracy, reliability, and intellectual property ownership or right to use of all Content including Client Data, and FieldAware shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Content including Client Data. In the event this Agreement is terminated (other than by reason of your breach), FieldAware will make available to you a file of the Customer Data if you so request at the time of termination. The file is delivered via e-mail to your registered e-mail address in unencrypted form. You agree that this is a reasonable form of transmission. For additional pre-paid expense, we will ship to you a tangible copy if you request using a reasonable courier or mail service. FieldAware reserves the right to withhold, remove and/or discard Content including Customer Data without notice for any breach, including, without limitation, your non-payment. Upon termination for cause, your right to access or use Content including Customer Data immediately ceases, and FieldAware shall have no obligation to maintain or forward any Content including Customer Data.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FIELDAWARE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FIELDAWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY OF USE OF THE SERVICE, OR THE MATERIALS OR CONTENT ON THE SITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO OR FROM THE SERVICE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA; (4) STATEMENTS OF CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (6) ANY OTHER MATTER RELATING TO THE SERVICE.
FieldAware will not be held liable for the consequences of any interruptions, errors, or loss of any data.
You acknowledge and agree that FieldAware shall not be held responsible or liable for any unlawful or otherwise improper acts performed by any third parties. This includes, but is not limited to, acts of hacking or any other means of disrupting data or preventing access to Service, transmitting viruses, deleting files, obtaining or misusing personally identifiable data, corrupting data, or otherwise interfering with the System.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties, or the limitation or exclusion of liability for incidental, or consequential damages, accordingly, some of the above limitations of the sections above may not apply to you.
Except as explicitly stated otherwise, any notices should be sent to us by postal mail to:
2600 Network Blvd
Frisco, TX 75034
We shall send our notices by email to the email address you specified during registration. Notice shall be deemed given 24 hours after sent, unless we are notified that the email was returned to us “undeliverable.” Alternatively, we may give notice by certified mail, to the mailing address you provided during registration. In such cases, notice will be deemed given 3 days after the date of mailing.
You understand and agree that this Usage Policy constitutes the entire agreement between you and FieldAware. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Usage Policy and the relationship between you and FieldAware shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. The failure of FieldAware to exercise or enforce any right or provision of the Usage Policy shall not constitute a waiver of such right or provision. If any provision of the Usage Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of the Usage Policy remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Usage Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred.
FieldAware may assign its rights and duties under this Agreement to any party at any time without notice to you. You acknowledge that the provisions, disclosures and disclaimers set forth above are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. Both parties agree that there are no representations, promises, warranties or undertakings by you or FieldAware contrary to those set above.
If you have any questions about this Usage Policy, please email us at email@example.com.
Or, you can write us at:
2600 Network Blvd
Frisco, TX 75034