Terms and Conditions
Effective April 1, 2011
MINORS: This Site is a commercial site, not intended for children under the age of thirteen (13).
PRODUCT & SERVICES INFORMATION. FieldLocate provides internet-based scheduling, social networking, advertising, and time, resource, and personnel management services to communities, individuals, and businesses. A 'User' is anyone that uses the Site.
Users that have not created an account ('Non-Members') may view certain contents of the Site, including business listings, and community shop-local programs. Becoming a member of the Site is free. A User that has created a personal account (a 'Member') may interact with businesses on the Site, by requesting appointments or reservations as applicable, and may subscribe to businesses on the Site in order to automatically receive updates or special promotions directly from those businesses. Members may also use the MyFieldLocate personal schedule and share appointments and events with other Members. Members that own a business are invited to create a business profile through their account. The business profile is free, and includes a basic business profile webpage and a customer contact and retention system. A Member can purchase additional features for their business profile at a flat and/or monthly fee. (The terms for payment and billing of such additional features are specified in a separate Billing Authorization document required before such additional features are added to a Member's account.) Such additional features are customizable for a variety of different industries, and include the products offered at fieldlocate.com. Memberships that include these additional features and require payment are called 'Paid Memberships.' A business included on the Site as a result of a Member creating a business profile is called a 'Business.'
See the section entitled Member ID & Password to find out how to become a Member of the Site. All references on this Site to information, materials, products and services apply to information, materials, products and services available in the countries or jurisdictions specified with respect to such information only, unless otherwise stated.
MEMBER ID & PASSWORD: To become a Member of the Site, you are required to provide your name and email address. Answers to additional questions are optional. You represent and warrant that all information you supply to us about yourself and others, including email addresses, is true, valid and accurate, and that you have the right to supply us with such information. You shall be responsible for maintaining the confidentiality of your password, and will be solely liable for all actions taken via your account and under your password, whether or not made with your knowledge or authority. This is essential to protect the confidentiality of any information that may be stored in FieldLocate.com account. In addition, you will be financially accountable for all use of our Site by you and anyone using your password and login information.
CONFIDENTIAL INFORMATION: Confidential Information is any oral, written, graphic or machine-readable information disclosed by FieldLocate that is designated in writing to be confidential or proprietary or is otherwise reasonably understood to be confidential. Confidential Information shall include, but not be limited to, any and all data regarding the performance of any functionality of the Site. You agree to not disclose or use any Confidential Information without the prior written consent of FieldLocate, and to maintain the confidentiality of the Confidential Information.
RIGHTS OWNERSHIP: Unless otherwise indicated, this Site and its design, text, content, selection and arrangement of elements, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to this Site are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) laws, including without limitation those of the United States, and all rights therein are the property of FieldLocate or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws. Neither the Site, nor any portions thereof, may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission. Permission is hereby granted to the extent necessary to lawfully access and use this Site and/or information, materials, products and/or services available on it to display, download, archive and print in hard copy, portions of this Site on a temporary basis and for your individual use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials.
FieldLocate neither warrants nor represents that use of Content displayed on the Site will not infringe rights of third parties not owned by or affiliated with FieldLocate.
Your use of and browsing of the Site are at your risk. Neither FieldLocate nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
FieldLocate also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property as a result of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, and/or images from the Site.
You hereby release and hold harmless FieldLocate, its parent, affiliates, subsidiaries, agents and advisors and their respective employees, officers, directors, shareholders, agents and representatives from and against any and all losses, damages, rights, claims and actions of any kind arising in connection with your use of the Site and/or in connection with FieldLocate' use of the Content. In consideration for your agreement herein, FieldLocate will provide access to the Site.
You agree to reimburse and indemnify FieldLocate and its licensees and sublicensees and assigns for any and all damages and expenses (including attorney's fees and costs) that they may incur from claims based on your use of the Content.
USER-SUBMITTED CONTENT: You are solely responsible for the Content you submit to the Site (a "User Submission"). You shall retain all ownership rights in your User Submissions; however, by submitting Content to the Site, you grant, and you represent and warrant that you have the right to grant to FieldLocate an irrevocable, perpetual, non-exclusive, fully paid, worldwide, fully transferable right to use, copy, perform, reproduce, distribute, modify, transmit, prepare derivative works of, display and produce the content in connection with the Site and FieldLocate' business, and grant and authorize sublicenses of the foregoing.
By submitting Content to be used on the Site:
1. You represent that you have all rights and authorizations necessary to post, submit, display, produce, or otherwise transmit, such Content;
2. You agree that you will not submit material that is or contains the intellectual property of a third party that you do not have permission to use, and to the extent you do not have ownership rights to any of the Content you submit to the Site, you shall indemnify FieldLocate for any claim regarding FieldLocate' use of your Content;
3. You understand that FieldLocate does not guarantee any confidentiality with respect to any User Submissions and will not treat any User Submissions as confidential;
4. You understand and agree that the Content may be cropped, edited, electronically manipulated or otherwise altered for use in the Site, without further consent or approval, and that whether or how the Content is used in the Site is entirely within FieldLocate's sole discretion;
5. You understand and agree that FieldLocate may review and delete any Content that in the sole judgment of FieldLocate violates this Agreement or which might be offensive, inappropriate, abusive, illegal, or that might violate the rights, harm, or threaten the safety of others; and,
6. You agree that may not engage in advertising to, or solicitation of, others to buy or sell any products or services through the Site unless you do so as a Member through a business profile.
The following is a partial list of the kind of Content that is illegal or prohibited on the Site. FieldLocate reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Site and terminating the membership of such violators. It includes Content that:
1. Is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. Harasses or advocates harassment of another person;
3. Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
4. Promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
5. Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated content or links to pirated content;
6. Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
7. Displays pornographic or sexually explicit material of any kind;
8. Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
9. Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
10. Solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
11. Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
12. Post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose (in FieldLocate' sole discretion) an unreasonable or disproportionately large load on our infrastructure;
13. Use any robot, spider, scraper or other automatic device, process or means to access the Site for any purpose without FieldLocate' express written permission;
14. Implement any manual processes to monitor or copy content from the Site without express written permission;
15. Utilize any device, software or routine that will interfere or attempt to interfere with the functionality of the Site; or
16. Is in violation or or inconsistent with any and all applicable laws and regulations.
USE OF CONTENT POSTED ON THE SITE; All Content is the sole responsibility of the Member or Non-Member from whom such Content originated. FieldLocate does not control, and is not responsible for User Submitted Content and by using the Site, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Site may contain links to other websites, which are completely independent of FieldLocate. FieldLocate makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any linked Site. Likewise, FieldLocate makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such Content posted on, transmitted through, and available through the Site. Users of FieldLocate bear all risks associated with, the use and/or reliance upon any Content, and/or the representations made therein, and under no circumstances will FieldLocate be liable in any way for 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 made available via the Site. You acknowledge that FieldLocate does not pre-screen or approve Content prior to posting. FieldLocate makes no representations and/or warranties to any of the claims made in any business listings, posting on reviews and comments, personal profile, listings, postings, descriptions, messages, group discussions, guides, and message boards or otherwise of any Content, by any Member or other third party.
When using the Services, you may be exposed to Content from a variety of sources, and FieldLocate is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, which may be inaccurate, infringing, offensive, indecent, or objectionable. You waive your right to any damages (from any party) related to exposure.
COPYRIGHT POLICY: All materials and information on the Site, including, without limitation, the FieldLocate logo, design, text, graphics, photographs, software, other files, and the selection and arrangement thereof are protected by copyrights that are owned or licensed by FieldLocate, or otherwise used with permission by FieldLocate. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Content from the Site or any other site owned or operated by FieldLocate without the prior written permission of FieldLocate. Any modification of the Content, or any portion thereof, or use of the Content for any other purpose constitutes an infringement of FieldLocate's copyrights and other proprietary rights. Use of the Content on any other site or other networked computer environment is prohibited without prior written permission from FieldLocate.
Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; 4. Information reasonably sufficient to permit us to contact the complaining party; 5. A notarized statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 6. A notarized statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send any such requests to FieldLocate as follows: 365 Schedule, Ltd. 6851 NE Loop 820, Suite 200 North Richland Hills, TX 76180 Attention: Jennifer Cooper, Esq.
TRADEMARKS: FieldLocate's trademarks are protected by federal and state law in the United States and throughout the world, and may not be copied or imitated. FieldLocate's trademarks include (but are not limited to) the following trademarks: FieldLocate and FieldLocate Logo. Other names and brands used on the Site may be claimed as the property of others. These trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of FieldLocate or the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of FieldLocate, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of FieldLocate.
HYPERLINK DISCLAIMER: This Site may contain links and/or advertisements to other websites maintained by us in addition to links to websites maintained by unrelated companies and persons. An advertisement of, or link to, a non-FieldLocate website does not mean that we approve, endorse or accept any responsibility for that website, its content or use, or the use of products and services made available through such website. We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites. Such websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other websites which you may access through this Site, the content thereof, or the products and/or services made available through such websites. If you decide to leave our Site and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites. We welcome links from a third party site to our Site, through a plain text link, provided that (i) you discontinue providing a link to our Site if so requested by FieldLocate.; (ii) you do not imply in any fashion that FieldLocate is endorsing any of your products or services or is affiliated with you, (iii) you do not present FieldLocate in a false light, or provide misleading or false information about FieldLocate, or its Site, (iv) you do not remove or obscure the copyright notices, or other notices on this Site; (v) you do not use any Mark of FieldLocate; and (vi) you do not replicate, frame or mirror the content of the Site. We reserve the right to require you to remove links to the Site, in our sole discretion.
BUSINESS CONTENT DISCLAIMER: This Site contains Business profile listings maintained by third parties. An advertisement for or description of a Business on the Site does not mean that we approve, endorse or accept any responsibility for the services or products offered by that Business. We are not responsible for the content, accuracy of such listings, or any opinions expressed by those Businesses, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on the Businesses appearing on the Site. Such Businesses are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about those Businesses listed on this Site or the products and/or services made available through such Businesses.
NO WARRANTIES: WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS" AND ON AN "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR OWN RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE AND ANY WEBSITE WITH WHICH IT IS LINKED. WE DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS OR E-MAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEBSITE, OR ANY WEBSITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
The information and all other materials on this Site are provided for general information purposes only and do not constitute professional advice. It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this Site or any website with which it is linked.
FIELDLOCATE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES PROVIDED, ADVERTISED OR OFFERED BY A MEMBER OR OTHER PARTY THROUGH THE SITE OR ANY LINKED WEB SITE OR FEATURED IN ANY ADVERTISING, AND SKEDS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY BUSINESS OR OTHER PARTY.
The Services are offered by FieldLocate from the United States of America. FieldLocate makes no representations that the Services are appropriate or available for use in other countries. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
EXCLUSION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS FIELDLOCATE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS EXCLUDE AND DISCLAIM LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER AND HOWEVER ARISING INCLUDING ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF SERVICES CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR INTEROPERABILITY PROBLEMS, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY MEMBER OR THIRD PARTY , (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT, (VII) USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY MEMBER OR THIRD PARTY, (VIII) YOUR USE, OR INABILITY TO USE, ANY PORTION OF THE SERVICES OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING YOUR DATA) INCURRED AS A RESULT OF YOUR USE OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MODIFICATION AND DISCONTINUATION: We reserve the right to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site. FieldLocate, in its sole discretion, may, at any time and without advance notice or liability, terminate or restrict your access to the Site or any component thereof, even if access continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue use of the Site, and destroy any copy you have made of any portion of the Site. Accessing the site after termination, suspension, or discontinuation shall constitute an act of trespass. FieldLocate shall not be responsible to you for such suspension or termination.
SOLE REMEDY: Your only remedy for any dispute with FieldLocate is to stop using the Site.
365 Schedule, Ltd.
6851 NE Loop 820,
North Richland Hills, TX 76180:
Attention: Jennifer Cooper, Esq.