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Terms of Service
OVERVIEW This website, and software and applications made available to you through the website, are operated by Field Tools(R). Throughout our websites or software, the terms "we", "us" and "our" refer to Field Tools(R). The term "user refers to anyone visiting any Field Tools(R) website or using the Field Tools(R) software. The terms "Product" or "Products" refers to any Field Tools(R) software or application. Field Tools(R) offers this software, its functionality, tools and services available from this site, including native applications on any supported computing devices to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting any Field Tools(R) website (collectively, "Website"), using a Field Tools(R) software or application (including without limitation the health screening tool) (collectively, the "Software") you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein or available by hyperlink. These Terms of Service apply to all users, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our Websites, Services, Products, or Software. By accessing or using any part of our Websites, Services, Products, or Software, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access our Websites or Software or use any of our Products or Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features, Products or tools which are made available by Field Tools(R) or which are added to the Website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes. SECTION 1 - GENERAL TERMS We are located in the United States, and this Site and the Software are not offered to users in the European Union or in California. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence and you have given us your consent to allow any of your minor dependents to use our websites or software. A breach or violation of any of the Terms will result in an immediate termination of your Services and your license to continue using the Software. We reserve the right to refuse to continue providing Services to anyone for any reason at any time. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. SECTION 2 – USE AND OWNERSHIP OF THE SERVICE, THE SOFTWARE, PRODUCTS AND INFORMATION Subject to these Terms of Service and our Privacy Policy, we grant you a non-exclusive, non-assignable, non-transferable, limited license, without right to sublicense, to access and use the Website and the Software, solely for your internal use, and in accordance with these Terms of Service. The Software is licensed, not sold, to you under these Terms of Service, and we retain all right, title and interest in and to the Software (including any changes, modifications, or corrections thereto) and any related documentation. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the Service is provided, without express written permission by us. Except for making a hard copy printout of the information provided on the Software and the Website, downloading the material for internal use, and the automatic copies that your web browser or device may make to a temporary cache for ordinary viewing purposes, all content on or within the Website or the Software are the property of Field Tools(R) ("Field Tools(R) Content"). The Field Tools(R) Content is protected by U.S. and International copyright and trademark laws. Nothing on the Website or in the Software should be construed as granting any license or right to use any trademark, service mark, or logo displayed on the website or the Software without the express written permission of Field Tools(R). The content on the Website and the Software is provided for informational purposes only, and shall not be used to obtain materials, data, or information for purposes of gaining a competitive advantage. The Software permits users to submit information (individually and collectively, "User Data"). By submitting User Data, you grant to us a perpetual, non-exclusive license to use the User Data, in accordance with the Privacy Policy, in order to provide the services performed or provided by the Software. We disclaim all liability with respect to any User Data, including as relates to any access to, use or disclosure of such User Data. SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION We are not responsible if information made available on our Websites or Software is not accurate, complete or current. The material on our Websites and Software is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk. Our Website or Software may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of our Website or Software at any time, but we have no obligation to update any information. You agree that it is your responsibility to monitor changes to our Websites or Software. Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, Product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information in the Service or on any related Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. All User Data is the sole responsibility of the person by whom the User Data was submitted. We do not control the User Data, and therefore, we do not guarantee the accuracy, integrity, or quality of such User Data or results obtained as a result of the User Data. You agree that you must evaluate, and bear all risks associated with, your use of any User Data. You acknowledge that the Services and the Website may be interrupted from time to time. You further acknowledge that the Services and the Website are not error free. Field Tools(R) cannot accept any responsibility under these Terms of Service for the functioning for your device with respect to the Software or the Website. SECTION 4 – PRODUCTS AND SERVICES; MODIFICATIONS TO PRODUCTS, THE SERVICE AND PRICES Prices for our Products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of Products or Product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time. Any offer for any Product or Service made on the Website is void where prohibited. We may also, in the future, offer new Services or features through the Website (including, the release of new tools and resources). Such new features or Services shall also be subject to these Terms of Service. You understand and agree that your use of the health screening tool Software available through the Website does not constitute medical advice. That screening tool is made available to you as a way for you to check for common COVID-19 symptoms and it is not intended to be a substitute for professional medical advice, diagnosis, or treatment. SECTION 5 - ACCURACY OF BILLING AND ACCOUNT INFORMATION We reserve the right to refuse any subscription for Products and/or Services. In the event that we make a change to or cancel a subscription, we may attempt to notify you by contacting the e-mail or billing address/phone number provided at the time the subscription was made. Without limiting the foregoing, we reserve the right to limit or prohibit any subscription that, in our sole judgment, appear to be placed by competitors, dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all subscriptions made. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. SECTION 6 - OPTIONAL THIRD PARTY TOOLS, LINKS AND WEBSITES Certain content, products and services available via our Service may include materials from third parties. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. Third-party links on our Websites or Software may direct you to third-party websites that are not affiliated with us. You acknowledge and agree that we provide access to such tools, links and websites "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party materials. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party. SECTION 7 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any ideas, suggestions or other communication; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. SECTION 8 - PERSONAL INFORMATION Your submission of personal information through our Websites or Software is governed by our Privacy Policy, which is incorporated by reference. SECTION 9 - PROHIBITED USES You may not use our Websites or Software for any illegal or unauthorized purpose nor may you, in the use of our Websites or Software, violate any laws in your jurisdiction (including but not limited to copyright laws). Without limiting the foregoing, you must not transmit any worms or viruses or any code of a destructive nature. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. SECTION 10 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We also do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, and all such warranties are disclaimed. Field Tools(R) does not represent or warrant that the information, materials or advice provided through the Website or the Services are accurate, complete, correct, timely, reliable, or current. No oral or written information or advice given by Field Tools or its representatives shall create a warranty or increase the scope of any warranty provided herein. In no case shall Field Tools(R), our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any Products procured using the service, or for any other claim related in any way to your use of the Service or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Without waiving the foregoing, you also agree that in the event that someone other than you gains access to your Personal Information through your failure to properly protect your login credentials or device, you waive any and all rights to pursue Field Tools for any claim for damages of any type that may arise out of improper access or identity theft. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. You further agree that any cause of action you may have in relation to use of the Website, the Products, the Software or the Services must be instituted within six months after the claim or cause of action arises. SECTION 11 - INDEMNIFICATION You agree to indemnify, defend and hold harmless Field Tools(R) and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. SECTION 12 – EQUITABLE RELIEF You agree that a breach by you of these Terms of Service will cause us irreparable damage, which cannot be readily remedied by money damages. Accordingly, you agree that we can obtain an immediate injunction against a breach by you, without posting a bond or showing damages, in addition to other remedies available. SECTION 13 - SEVERABILITY In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. SECTION 14 – TERM; TERMINATION These Terms of Service shall commence upon your access of the Website or the Software. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes, including without limitation the sections regarding indemnification, limitation of liability, and ownership of information. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using the Website and our Services. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; or accordingly may deny you access to our Services (or any part thereof). SECTION 15 - ENTIRE AGREEMENT The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. SECTION 16 - GOVERNING LAW These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Michigan. Any litigation relating to these Terms of Service or your use of the Products, Services, Software or Website will be brought in the federal or state courts of Kent County, Michigan. SECTION 17 - CHANGES TO TERMS OF SERVICE You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. SECTION 18 – NOTICES You agree that we may contact you via email to notify you of updates, changes, and notifications required by applicable law. SECTION 19 - CONTACT INFORMATION Questions about the Terms of Service should be sent to us at legal@field-tools.com. Our business address is 100 Grandville Ave., Grand Rapids, MI, 49503, United States.