FIELDPIE TERMS AND CONDITIONS

ACCEPTANCE OF TERMS

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.fieldpie.com website and the FieldPie mobile application (together, or individually, the “Service”) operated by FieldPie (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. Use of the Service or this website constitutes your acknowledgement and acceptance of these Terms of Use and the accompanying Privacy Policy. You may not use this website or the Service in a way that is not specifically permitted by these Terms of Use.  Any unauthorized use of the Service or this website will terminate the permission granted by these Terms of Use and may violate copyright, trademark, and other laws.

PAYMENT AND PAYMENT TERMS

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

After termination of your account, we will not charge you again when the next monthly payment is due, but you will not be entitled to a refund for any pre-paid monthly fees.

All payments must be made in United States Dollars or the equivalent in other currencies.

MODIFICATIONS TO SERVICE; TERMINATION

The Service may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, or because of other causes beyond FieldPie’s reasonable control, but FieldPie will use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled unavailability of the Service. Notwithstanding anything else in the Agreement or otherwise, FieldPie may monitor your use of the Service and use your Content in an aggregate and anonymous manner, compile statistical and performance information related to the provision and operation of the Service, and may make such information publicly available, provided that such information does not incorporate your Content or identify your confidential information. FieldPie retains all intellectual property rights in such aggregated information.

You acknowledge and agree that FieldPie, 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 Service, and remove and discard any Content within the Service at any time for lack of use or if you have violated or acted inconsistently with the nature of these Terms of Use. You agree that any such termination can be effected without any prior or written notice to you and that FieldPie will not be held liable to you or any third-party for any termination of access to the Service.

AVAILABILITY, ERRORS AND INACCURACIES

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

ACCOUNTS

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

RESPECT OF COPYRIGHT AND OTHER 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 (or allow any third party to) copy, modify, create any derivative works of, reverse engineer or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Service or the software that operates the Site and the Service (the “Software”), in whole or in part. You may not copy any portion of the Site for the purpose of developing any similar websites.

Except as expressly stated in these Terms of Use, you are not given any right or license in or under any patent, trademark, copyright, or proprietary right of FieldPie 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 FieldPie trademark, logo, or other proprietary information (including the images and photographs found at the Site, the content of any text and/or the layout or design of any page of the Site) without FieldPie’s express written consent.

You understand and agree that you will have no recourse against FieldPie 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 Service infringes on your copyright, or otherwise violates FieldPie’s Terms of Use, please contact us to report irregularities with the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
  2. A description of the copyrighted work that you claim has been infringed.
  3. A description of where the material that you claim is infringing is located on the Site.
  4. Your address, telephone number and email address.
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

LINKS TO OTHER WEB SITES

Our Service may contain links to third party web sites or services that are not owned or controlled by FieldPie.

FieldPie has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that FieldPie shall not be 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 third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

By using the Service or accessing the Site, you expressly understand and agree that:

  • Your use of the service is at your sole risk. The service is provided on an as is and as available basis to the fullest extent permissible pursuant to applicable law. FieldPie expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
  • FieldPie makes no warranty that (1) the Service will meet your needs, (2) the Service will be uninterrupted, timely, secure, or error-free, (3) the results that may be obtained from the use of the Service will be accurate or reliable, (4) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, (5) any errors in the Software will be fixed, and (6) or that the Site or the servers that make the Site available are free of viruses or other harmful components.
  • Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

You expressly understand and agree that FieldPie 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, content or other intangible losses (even if FieldPie 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 services resulting from any content, 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 content; (4) statements of conduct of any third party on the service; or (5) any other matter relating to the service.

FieldPie will not be held liable for the consequences of any interruptions, errors, or loss of any data.

You acknowledge and agree that FieldPie will 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 Site.

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.

MISCELLANEOUS

You understand and agree that these Terms of Use and the Privacy Policy constitute the entire agreement between you and FieldPie. The failure of FieldPie to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision. If any provision of the Terms of Use are 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 Terms of Use 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 Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

FieldPie 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 FieldPie contrary to those set above.

PRIVACY POLICY

Please review our Privacy Policy.

QUESTIONS?

If you have any questions about these Terms of Use, please email us at support@fieldpie.com. Or, you can write us at:FieldPie.com