FieldTik
THE TERMS AND CONDITIONS SET FORTH BELOW ("TERMS") GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB ("SITE") OF FIELDTIK AND THE SERVICES AVAILABLE ON THIS SITE ("SERVICES") AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE AND/OR THE SERVICES OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THIS SITE AND/OR THE SERVICES ON THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. YOU AGREE THAT FIELDTIK MAY MAKE CHANGES TO THESE TERMS AT ANY TIME WITHOUT PRIOR NOTICE. WE WILL NOTIFY YOU OF SUCH REVISIONS BY POSTING AN UPDATED VERSION OF THESE TERMS ON THE SITE. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS. YOUR CONTINUED USE OF THE SITE AND/OR THE SERVICES SHALL CONSTITUTE YOUR CONSENT TO SUCH CHANGES IN THE TERMS. IN ADDITION, FIELDTIK MAY MAKE CHANGES TO THE SERVICES AT ANY TIME.
General Use Restrictions
Except for the FIELDTIK Software or the software offered by developers on the Site, if any ("Third Party Software"), the download of which is governed by the license agreement associated with such Third Party Software, and except for the Third Party Content (defined below) which are provided by third parties, all information, documents and Services provided on this Site, including trademarks, logos, graphics and images (collectively, the "Materials") are provided to you by FIELDTIK. Except as expressly stated herein, you acknowledge that you have no right, title or interest in or to the Materials on any legal basis.
FIELDTIK grants you the limited right to display the Materials only on your personal computer, and to copy and download the Materials displayed on this Site, provided that: (1) both the FIELDTIK copyright notice (set forth below) and this permission notice appear in the Materials so displayed, copied or downloaded, (2) such display, copy or download is solely for your personal and/or internal business purposes. You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms and FIELDTIK may remove your postings from this Site and/or the Services with or without cause. Upon any termination of this limited license, you agree to immediately destroy any electronic or printed Materials and cease using the Site and/or the Services.
You are prohibited from taking any action to circumvent or attempt to circumvent the security and access control provisions of the Site and the Services. Such prohibited conduct includes, without limitation, any efforts to (a) log in to an account with a password not assigned to you, (b) access personally identifiable information not intended for you, (c) test the security measures on the Site and/or attempt to identify system vulnerabilities, (d) impersonate any other user of the Site and/or the Services or forge any of the header information in any posting or tamper with the TCP/IP packet header, (d) modify, reverse engineer, disassemble, decompile or otherwise attempt or allow others to attempt to discover the underlying computer code for the Site and/or the Services, or (f) overwhelm or disable the Site or the Services or interfere with the access and use of the Site and/or the Services by any other user. If FIELDTIK becomes aware of any of the foregoing activities, FIELDTIK may investigate and may respond, and when appropriate, FIELDTIK may work with law enforcement authorities in such investigations and for the purpose of prosecuting offenders. Your continued use of the Site and the Services is expressly conditioned on your compliance with the preceding prohibitions and with the obligations and restrictions. Without limiting the generality of foregoing, you acknowledge that FIELDTIK expressly prohibits and you agree not to:
In addition to the foregoing, if you are a developer that makes Third Party Software available to users via the Site, you acknowledge that FIELDTIK expressly prohibits and you agree not to:
The foregoing list of prohibitions is illustrative and is not intended to be complete or exclusive. FIELDTIK reserves the right to terminate our relationship with you under these terms and prohibit your access to the Site and/or Services, to remove any Third Party Software or remove, edit or close any Third Party Content or thread on any message board or chat room for any reason, including, without limitation, any action that FIELDTIK, in its sole judgment, determines to be inappropriate or disruptive to the Site, Services or to any user.
The foregoing prohibitions do not impose on FIELDTIK, and FIELDTIK does not assume, any obligation to monitor or remove any Third Party Content or other communication posted by you or any other user. You hereby acknowledge and agree that you may be exposed to Third Party Content that may be offensive or objectionable to you. YOU HEREBY ACKNOWLEDGE AND AGREE THAT ALL THIRD PARTY CONTENT SUBMITTED BY YOU OR ANY OTHER USER EXPRESS THE VIEWS OF THE AUTHOR, AND FIELDTIK WILL NOT BE HELD RESPONSIBLE FOR OR LIABLE FOR THE CONTENT IN SUCH THIRD PARTY CONTENT. Your access to the Site and Services is undertaken at your own risk and FIELDTIK is not responsible for any offensive or otherwise objectionable materials that may be posted by any third party.
Account Registration and Password Protection
Prior to gaining access to certain Services on the Site, FIELDTIK may require you to set up a user name and password ("Password(s)") as set forth in the account registration procedures posted on the Site. You agree to comply with the procedures specified by FIELDTIK from time to time regarding obtaining and updating Passwords for the Site and Services. You agree to assume sole responsibility for the security of Passwords issued to you. Passwords are subject to cancellation or suspension by FIELDTIK at any time, including upon the misuse of the account or breach of these Terms. You agree to ensure that you will use your best efforts to prevent any third party from obtaining your Password, and you shall inform FIELDTIK immediately in writing of any actual or potential unauthorized access to a Password or to the Site and/or Services.
Transactions with Developers
FIELDTIK operates on-line marketplaces on certain of its Sites that allow developers to make Third Party Software available to users via the Site. The Third Party Software available on these Sites is, in each case, the copyrighted work of the respective developer, and may be subject to license agreements, terms of use and/or privacy policies of such developer. In addition to the foregoing, you acknowledge and agree that FIELDTIK is not a party to, nor is FIELDTIK otherwise involved in, the actual transaction between the developer and users in the acquisition of Third Party Software provided by such developer. FIELDTIK does not control the transaction and does not guarantee the quality, accuracy, legality or safety of Third Party Software, nor does FIELDTIK guarantee the ability of developers to provide Third Party Software or the ability of acquirers to pay for them. All transactions shall be governed by terms of sale executed by and between the developer and the acquirer. FIELDTIK DISCLAIMS ALL WARRANTIES WITH REGARD TO THIRD PARTY SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Third Party Content and Postings
"Third Party Content" means, collectively: (i) content and information licensed by FIELDTIK from third parties for display on the FIELDTIK Sites, and (ii) content, information and material posted to the Site by third party users of the Site. Third Party Content available on these Sites is, in each case, the copyrighted work of the respective third party or third party user of the Site. You acknowledge that you are responsible for the Third Party Content you post to the Site and that you, and not FIELDTIK, will have full responsibility for the Third Party Content you post, including its legality, reliability, appropriateness, originality and copyright. By posting any Third Party Content to the Site that contains images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. No compensation will be paid with respect to the use of your Images.
Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Third Party Content provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. Subject to our compliance with our Privacy Policy, you agree that FIELDTIK shall be free to use or disseminate your Third Party Content posted to the Site on an unrestricted basis for any purpose. If you post such Third Party Content to the Site, you grant FIELDTIK a nonexclusive, worldwide, royalty-free license to (in any media now known or not currently known or invented) link to, utilize, use, copy, exploit, and prepare derivative works of the Third Party Content and to sublicense those rights through multiple tiers of sublicensees. No Third Party Content you submit shall be deemed confidential. However, FIELDTIK agrees to use your Third Party Content in accordance with FIELDTIK's Privacy Policy applicable to personally identifiable information. Some Third Party Content may be licensed by FIELDTIK for use on the Site. Such Third Party Content shall be subject to the license set forth above unless such Third Party Content indicates that it is subject to other terms, in which case such other terms shall apply. Notwithstanding anything herein to the contrary, you hereby assign to FIELDTIK all right, title and interest worldwide in all intellectual property rights in and to any new feature that you may suggest or submit to FIELDTIK relating to the FIELDTIK Software and you acknowledge and agree that FIELDTIK may use such suggestion or submission in any manner, including, without limitation, to develop features for the Site. FIELDTIK DISCLAIMS ALL WARRANTIES WITH REGARD TO THIRD PARTY CONTENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Links To Third Party Sites
The Site may track the total number of visitors to the Site, the number of visitors to each page of the Site, browser type, IP addresses, External Web Site(s) (defined below) linked to, and Fieldtik may analyze this data for trends and statistics in the aggregate, but such information will be maintained, used and disclosed in aggregate form only and it will not contain personally identifiable information. Fieldtik may use such aggregate information to analyze trends, administer the Site, track users' movement, and gather broad demographic information for aggregate use.
Privacy Policy
Your use of the Site is governed by the FIELDTIK Privacy Policy that is available at http://www.Fieldtik.com/privacy.html (the "Privacy Policy").
Trademarks and Copyrights
The trademarks, service marks, brands, names, logos and designs ("Trademarks") of FIELDTIK or others used on this Site and in the Services are the property of FIELDTIK or their respective owners. You may not remove or alter any Trademark. You may not use any trademark displayed on the Site or in the Services without the express prior written permission of FIELDTIK or the respective owner, and nothing contained on this Site grants by implication, waiver, estoppel or otherwise, any right to use such trademarks. All of the Materials appearing on this Site and in the Services, including but not limited to, text elements, site design, images and icons, as well as the selection, assembly and arrangement thereof, are the sole property of FIELDTIK, Inc. Copyright © 2010, unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
Indemnification
You agree to defend, indemnify and hold harmless FIELDTIK and its affiliates, representatives, partners, agents and employees from and against any and all liabilities, claims, costs and expenses, including attorneys' fees, that arise out of or in connection with your use of the Site and/or the Services, any transaction related to the acquisition of Third Party Software or Third Party Content, or a breach of these Terms.
Disclaimer of Warranty
You acknowledge and agree that this Site and/or the Services may include certain errors, omissions, outdated information which may affect the quality of the Materials. You acknowledge that the Materials have not been independently verified or authenticated in whole or in part by FIELDTIK, and agree that FIELDTIK does not warrant the accuracy or timeliness of the Materials and further agree that FIELDTIK has no liability for any errors or omissions in the Materials, whether provided by FIELDTIK or its licensors. FIELDTIK, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE AND/OR THE SERVICES, INCLUDING WITHOUT LIMITATION THE MATERIALS, ANY THIRD PARTY SOFTWARE AND ANY THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND/OR THE SERVICES AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS, AND IS FOR PERSONAL USE OR INTERNAL BUSINESS USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. FIELDTIK PROVIDES THE SERVICES "AS-IS" WITHOUT ANY WARRANTY OF ANY KIND.
Limitation of Liability
NEITHER FIELDTIK NOR ANY OF ITS AGENTS, AFFILIATES, OR PROVIDERS OF THIRD PARTY SOFTWARE OR THIRD PARTY CONTENT SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FORM OF DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE RESULTS OF YOUR USE OF THE SITE AND/OR THE SERVICES, ANY TRANSACTIONS RELATED TO THE ACQUISITION OF THIRD PARTY SOFTWARE OR THIRD PARTY CONTENT, OR ANY EXTERNAL WEB SITES LINKED TO THIS SITE, OR THE MATERIALS ON THE SITE, HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF FIELDTIK WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
Release
IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS OR DEVELOPERS, YOU HEREBY RELEASE FIELDTIK (AND ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS, LIABILITIES, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE §1542, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Copyright Agents
FIELDTIK respects the intellectual property of others, and we ask that you do the same. If you believe that your work has been copied on this Site in a way that constitutes copyright infringement and appears on this Site, please provide OUR copyright agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and email address;
- 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; and
- 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.
By mail:
FIELDTIK, Inc.
Attention: Aaron Lambie
Box 3003
High Level, Alberta, T0H1Z0
Canada
By phone:
780-841-8212
By e-mail:
copyright@FIELDTIK.com
General
FIELDTIK controls and operates this Site from its headquarters in the United States and makes no representation that the Services or the Materials are appropriate or will be available for use in locations other than the United States. If you use this Site or the Services from outside the United States, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials, the Third Party Software or the Third Party Content. You may not assign, voluntarily, by operation of law, or otherwise, any rights or delegate any duties under these Terms without FIELDTIK's prior written consent, and any attempt to do so without that consent will be void. These Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns. These terms will be governed by California law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) is specifically excluded from application to these Terms. You shall bring all disputes, actions, claims, or causes of action related to these terms or in connection with this Site only in the federal and state courts located in Santa Clara county, California. If any provision of these terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of FIELDTIK to enforce any right or provision in these terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by FIELDTIK in writing. No joint venture, partnership, employment or agency relationship exists between you and FIELDTIK. These terms comprise the entire agreement between you and FIELDTIK and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. Except for FIELDTIK's rights to modify these Terms as described above, these terms may be amended or supplemented only by a writing that is signed by duly authorized representatives of both parties.