THE FOLLOWING TERMS AND CONDITIONS (“TERMS”) ARE A LEGAL CONTRACT BETWEEN YOU AND FLICENT INC. (“COMPANY”, “WE”, OR “US”). THESE TERMS EXPLAIN HOW YOU ARE ALLOWED TO USE THE WEBSITE LOCATED AT THE URL WWW.FIELDPULSE.COM AS WELL AS ALL ASSOCIATED SITES LINKED TO WWW.FIELDPULSE.COM (INCLUDING WITHOUT LIMITATION WWW.FIELDPULSE.COM.AU), OR OPERATED, BY ANY OF COMPANY, ITS SUBSIDIARIES AND AFFILIATED COMPANIES (COLLECTIVELY, THE “SITE”). UNLESS OTHERWISE SPECIFIED, ALL REFERENCES TO “SITE” INCLUDE ALL SERVICES THAT COMPANY OR ANY OF ITS SUBSIDIARIES OR AFFILIATES MAY PROVIDE TO YOU, INCLUDING, WITHOUT LIMITATION, SAAS SUBSCRIPTION SERVICES, ADD-ON PRODUCTS, AND SUCH OTHER PRODUCTS OR SERVICES AS COMPANY MAY OFFER (COLLECTIVELY, THE “SERVICES”) AND ANY SOFTWARE THAT ALLOWS YOU TO ACCESS THE SERVICES FROM A MOBILE DEVICE (“MOBILE APPLICATION”). BY USING THE SITE, YOU ARE AGREEING TO ALL TERMS CONTAINED HEREIN; IF YOU ARE NOT IN AGREEMENT WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE, ANY SERVICES AVAILABLE THROUGH THE SITE OR VIA MOBILE APPLICATION, OR ANY INFORMATION CONTAINED ON THIS SITE.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
USERS OF THIS SITE AND CUSTOMERS LOCATED IN AUSTRALIA OR NEW ZEALAND MAY HAVE CERTAIN NON-EXCLUDABLE RIGHTS AND REMEDIES UNDER APPLICABLE LOCAL LAW AS SET OUT BELOW IN THE SECTION HEADED “SPECIFIC TERMS FOR ANZ CUSTOMERS”.
Company provides content that is copyrighted and/or trademarked work of Company or Company’s third-party licensors and suppliers or other users of the Site (collectively, the “Materials”) through the Site and through the Services. The Materials may include, without limitation, graphics, video, images, logos, software and other content. Subject to these Terms and your compliance therewith, Company hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Site solely for your personal use. You have no other rights on or to the Site, or to any Materials, other than as expressly set forth in these Terms. You may not edit, copy, reproduce, modify, create derivative works of, alter, enhance, reverse engineer, or in any way exploit any of the Site or Materials for any purpose other than your personal use of the Services. In case of breach of any of these Terms, the above license will terminate automatically and any downloaded or printed Materials must be destroyed or returned to us, and you must cease using the Site immediately.
By using the Site, you confirm that you are 18 years of age or older, or if you are between the ages of 13 and 18, that you are using the Site with the permission of a parent or legal guardian, or that you are an emancipated minor between the ages of 13 and 18. If you are a parent or legal guardian who is registering for a minor, you hereby agree to bind the minor to these Terms and to fully indemnify and hold harmless Company if your child breaches any term or condition of these Terms. The Site may not be used by children under the age of 13. If you are using this Site on behalf of a company, you confirm that you are authorized to legally bind the company to these Terms. Further, in order to access the Site you must have an up-to-date computer with a modern, secure browser, or a mobile device capable of accessing the Mobile Application.
Compliance with these Terms is an absolute requirement for the use of the Site. If Company believes that you do not meet any requirement or requirements set forth in these Terms, or for any reason or no reason at the Company’s sole discretion, Company may immediately terminate your use of the Site.
At any time, Company may make changes to the content and Services offered on the Site. At any time, Company can change, update, add, or remove provisions of these Terms by posting the updated Terms on the Site and by notifying its users of the changes in terms. Such notice will include language on the Site and the Mobile Application stating that an update has occurred, and, at the Company’s discretion, an email notifying you of such change to such email address as you provide to us through the Site. By using this Site after Company has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site.
The Company may make available Mobile Applications to access the Site via mobile devices. In order to use the Mobile Application you must have a mobile device that is compatible with the Mobile Application. Company does not and cannot guarantee that the Mobile Application will be compatible with your mobile device. Company hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for personal use. You may not: (i) except to the extent that such restriction is expressly prohibited, or is rendered void or otherwise of no effect, by law, you may not modify, disassemble, decompile, or reverse engineer the Mobile Application; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security or security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that Company may from time to time issue updated versions of the Mobile Application, and may automatically electronically update the version of the Mobile Application that you are using on your mobile device. You consent to such automatic updating on your mobile device, and agree that these Terms will apply to all such updates. The aforementioned license grant is not a sale of the Mobile Application or any copy thereof, and Company and its third-party licensors or suppliers retain all rights, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply during use of the Mobile Application.
The following additional terms and conditions apply with respect to Mobile Applications that Company provides designed for use on an Apple iOS-powered mobile device (an “iOS App”):
The following additional terms and conditions apply with respect to any Mobile Applications that Company provides to you designed for use on an Android-powered mobile device (an “Android App”):
You do need to register an account to simply visit and view the Site. However, in order to access certain password-restricted areas of the Site and to use certain Services and Materials offered on the Site, you must register with Company for an account and receive a password. Ownership of an account, including liability for any breach of these Terms by users of such account, will reside with the account’s creator. You may request a change to an account’s owner by email at firstname.lastname@example.org, which change shall be effective upon confirmation by our team that such email was received. Notwithstanding the foregoing, Company may terminate or suspend any user account as set forth herein, regardless of ownership.
In order to register for an account with Company, you must submit the following information through the account registration page on the Site: name, mobile number, business name, business address, and email address. You may also provide additional optional information which can be helpful in providing you with a more customized experience when using the Site or Services. Once you have submitted your account registration information, Company shall have the right to approve or reject the requested registration, at Company’s discretion.
You are responsible for ensuring the confidentiality of your account password, and you are responsible for all activities that occur using your password. You agree not to share your password, let others access or use your password or do anything else that might jeopardize the security of your password. You agree to notify Company if your password on this Site is lost, stolen, if you are aware of any unauthorized use of your password on this Site or if you know of any other breach of security in relation to this Site.
All the information that you provide when registering for an account and otherwise through the Site must be accurate, complete and up to date. You may change, correct or remove any information from your account by either logging into your account directly and making the desired changes or contacting Company using the contact information at the end of these Terms requesting that we make the change.
BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT USE OF A BETA RELEASE MAY EXHIBIT SPORADIC DISRUPTIONS THAT HAVE THE POTENTIAL TO DISRUPT YOUR USE OF THE SITE IN GENERAL AND ANY SERVICES THAT MAY BE OFFERED THROUGH THE SITE. FLICENT INC. SPECIFICALLY DISCLAIMS ALL DAMAGES RESULTING FROM YOUR USE OF ANY BETA RELEASE.
By registering for an account with Company, you become a “Member” with access to certain password-restricted areas of the Site and certain Services and Materials offered on and through the Site (a “Membership”). Each Membership and the rights and privileges provided to a Member is personal and non-transferable. All sales and payments of Membership fees will be in US Dollars.
The fee that we will charge you for your Membership will be the price posted on the Site on the date that you register as a Member. Company reserves the right to change prices for Memberships at any time, and does not provide price protection or refunds in the event of promotions or price decreases. No posted change in price shall be effective as to a specific Membership until the then-current Billing Period (as defined below) of such Membership elapses.
You may pay for your Membership fee only with credit and debit card payments through the following credit card companies: Visa, MasterCard, American Express, and Discover. We will charge your credit or debit card for your first Membership fee on the date that we process your order for your Membership (if you sign-up for a Membership that includes a free-trial period, which does not require payment information as part of sign-up, we will only charge your credit or debit card for your first Membership fee upon the expiration date of the applicable free-trial period if payment information is provided during the free-trial period, or otherwise cancel your account at the end of such free-trial period). Alternatively, we may charge your credit or debit card on the first business day of a calendar month. Once your credit or debit card is charged the first Membership fee (or if you sign-up for a Membership that includes a free-trial period, once we have processed your order for your Membership), you will be able to access those Membership-only portions of, and Materials on, the Site.
IMPORTANT NOTICE: COMPANY WILL AUTOMATICALLY RENEW YOUR MEMBERSHIP ON EACH MONTHLY (OR QUARTERLY, SEMIANNUAL, OR ANNUAL, DEPENDING ON YOUR SUBSCRIPTION) ANNIVERSARY OF THAT DATE THAT COMPANY FIRST CHARGES YOUR CREDIT OR DEBIT CARD FOR THE FIRST MEMBERSHIP FEE (EACH, A “BILLING PERIOD”) AND, AS AUTHORIZED BY YOU DURING THE MEMBERSHIP SIGN-UP PROCESS, FLICENT INC WILL CHARGE YOUR CREDIT OR DEBIT CARD WITH THE APPLICABLE MEMBERSHIP FEE FOR SUCH BILLING PERIOD AND ANY SALES OR SIMILAR TAXES THAT MAY BE IMPOSED ON YOUR MEMBERSHIP FEE PAYMENT (UNLESS YOU CANCEL PRIOR TO THE ANNIVERSARY DATE OF YOUR APPLICABLE BILLING PERIOD). IF YOU SIGN UP FOR A MEMBERSHIP THAT INCLUDES A FREE-TRIAL PERIOD, YOUR ACCOUNT WILL BE TERMINATED AT THE END OF SUCH FREE-TRIAL PERIOD UNLESS YOU PROVIDE COMPANY WITH PAYMENT INFORMATION DURING SUCH FREE-TRIAL PERIOD, IN WHICH CASE FLICENT INC. WILL AUTOMATICALLY CHARGE YOU FOR THE FIRST MONTHLY MEMBERSHIP FEE UPON THE EXPIRATION OF THE FREE-TRIAL PERIOD AND EACH SUBSEQUENT MONTHLY MEMBERSHIP FEE ON THE MONTH ANNIVERSARY OF THE DATE OF THE FIRST BILLING. EACH MEMBERSHIP RENEWAL PERIOD IS FOR ONE MONTH. YOU MAY CANCEL YOUR MEMBERSHIP AT LEAST 5 DAYS PRIOR TO THE END OF YOUR MONTHLY BILLING PERIOD, OR AT LEAST 30 DAYS PRIOR TO THE END OF YOUR QUARTERLY, SEMI-ANNUAL, OR ANNUAL BILLING PERIOD, AS APPLICABLE, BY CONTACTING COMPANY AT email@example.com.
IF YOU CANCEL YOUR MEMBERSHIP, YOU WILL ENJOY YOUR MEMBERSHIP BENEFITS UNTIL THE EXPIRATION OF THE THEN-CURRENT BILLING PERIOD FOR WHICH YOU HAVE PAID, AND YOUR MEMBERSHIP BENEFITS WILL EXPIRE AT THE END OF THE THEN-CURRENT BILLING PERIOD.
You will be liable for paying any and all applicable sales and use taxes for the purchase of your Membership based on the mailing address that you provide when you register as a Member, and you authorize Company to charge your credit or debit card for any such applicable taxes. You may request an invoice for any payments made to Company, but invoices shall not be provided automatically. You are solely responsible for any additional costs from (i) changing the user count of your account, and (ii) any additional Services signed up for with Company.
If applicable, you agree to pay all fees or charges to your account based on Company’s fees, charges, and billing terms then in effect. If you do not pay on time or if Company cannot charge your credit card or other payment method for any reason, Company reserves the right to either suspend or terminate your access to the Site and account. You expressly agree that Company is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Site and the fees will be billed to your credit card or other payment method designated on your initial registration with this Site, or provided during any applicable free-trial period, and thereafter at regular intervals for the remainder of the term of these Terms. If you cancel your account at any time, you will not receive any refund unless you have a legal right to receive one under applicable law (ANZ customers refer to the ANZ specific terms below). If you have a balance due on any account, you agree that Company may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. Except where applicable law provides otherwise, you expressly agree not to file a chargeback with your credit card company without documented contact with our support team. You agree to respond promptly to emails and/or calls from Company regarding any chargeback claim made in order to ensure the accuracy of such claim.
By using the Site and/or the Services provided on the Site, you consent to receiving electronic communications from Company, including, without limitation, communications via email, your account or the Site, or by SMS. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services provided on or through the Site. These electronic communications are part of your relationship with Company. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
When using the Site and/or the services, you agree not to:
This list of prohibitions provides examples and is not complete or exclusive. Company reserves the right to terminate access to your account, your ability to post to the Site (or use the Services) with or without cause and with or without notice, for any reason or no reason, or for any action that Company determines is inappropriate or disruptive to this Site or to any other user of this Site and/or Services. Company may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Company’s discretion, Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
You agree to indemnify and hold Company, its Subsidiaries and Affiliates and its and their respective officers, directors, employees, affiliates, agents, licensors, and business partners (collectively the “indemnfied persons” harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Company or any other indemnified person suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of this Site or the use of this Site by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.
FLICENT® and FIELDPULSE™ are trademarks of Company in the United States, Australia, New Zealand and in other countries. Other trademarks, names and logos on this Site are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Company, Copyright ©2015-2021 FLICENT INC. All rights not expressly granted herein are reserved. Except as otherwise required or limited 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 or license.
The Mobile Application software, including access to the Site through Company’s webapp at webapp.fieldpulse.com that is provided to you through the Site and Services and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, if You are a government entity, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights reserved under the copyright laws of the United States.
Company respects the intellectual property rights of others, and these Terms require you to do the same. Company may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Company’s designated agent the following information:
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that was received by us. If you receive such notice from us, you may provide us with a counter-notification in writing to a Company designated agent that includes all of the following information:
Company reserves the right at its sole discretion, to terminate the account or access of any user of the Site and/or Service who is the subject or repeated DMCA or other infringement notifications.
Your use of the Site and/or the Services is at your own risk. The Materials have not been verified or authenticated in whole or in part by Company, and they may include inaccuracies or typographical or other errors. Company does not warrant the accuracy of timeliness of the Materials contained on this Site. Company has no liability for any errors or omissions in the Materials, whether provided by Company, our licensors or suppliers or other users. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, COMPANY, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED, OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, BUT SUBJECT IN ANY CASE TO APPLICABLE LAW, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, AND MATERIALS AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. COMPANY DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
FLICENT INC SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SITE. IN NO EVENT SHALL COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF COMPANY KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
Company controls and operates this Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use the Site outside the United States of America, you are responsible for following applicable local laws.
If you send or transmit any communications, comments, questions, suggestions, or related materials to Company, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site, any Services offered through the Site or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Company is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that Company is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
What are Cookies? Cookies are small text files, often including unique identifiers, that are sent by web servers to web browsers, and which may then be sent back to the server each time the browser requests a page from the server. Cookies are very useful and enable an internet site t recognize you, log when you visit a particular page, provide a secure connection to a website and enhance your user experience by: improving your browsing comfort, and/or adapting the content of a page to your areas of interest. To find out more information, please go to www.allaboutcookies.org.
What types of Cookies do we use?
Company does not do business in the EU and is therefore not subject to or compliant with the requirements of the EU General Data Protection Regulation (“GDPR”).
Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with or regarding the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider and, failing agreement, an alternative ADR Provider shall be appointed by the President of the State Bar of Texas. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or $2,500.00. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If you or the Company pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.
Small Claims Court. Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Dallas County, Texas, for such purpose.
Company prefers to advise you if we feel you are not complying with Terms and recommend any necessary corrective action. However, certain violations of these Terms, as determined by Company, may result in immediate termination of your access to this Site without prior notice to you. The Federal Arbitration Act, and applicable U.S. federal and state law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply except as set out below. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement. Any disputes relating to these Terms or this Site will be heard in the courts located in Dallas County in the State of Texas. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Company’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and Company and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Company about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms. If any part or parts of these Terms are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Terms shall continue in full force and effect.
Notwithstanding the foregoing provisions of this section headed “General”, if you are a customer based in Australia or New Zealand, you may have certain rights under applicable local law as set out below in the section headed “Specific Terms for ANZ Customers. To the extent only that those laws apply despite the foregoing provisions of this section, your rights and our obligations are as set out therein.
If you have any questions about these Terms or otherwise need to contact Company for any reason, you can reach us at firstname.lastname@example.org. Support is available during ordinary business hours, and after-hours requests will be treated as if sent at the start of the next business day.
Additional support options are available, but require acceptance of the terms and conditions pertaining thereto, located at https://help.fieldpulse.com/en/.
All customer support is limited in scope to systems owned and maintained by Company, and does not extend to third-party integrations.
If you are accessing the Site from Australia or New Zealand, then, in certain circumstances as a matter of law your acquisition of goods and services respect of goods and services from or through the Site may be governed by:
(together, the “ANZ Consumer Laws”.)
For clarity, where any of the ANZ Consumer Laws or any ANZ Privacy Lawe (as defined below) do apply to you:
1. If any part or parts of these Terms are found under any ANZ Consumer Law or ANZ Privacy Law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Terms shall continue in full force and effect;
2. you may have legal rights under those laws which would prohibit all or parts of some of the limitations and exclusions set out in these Terms from applying to you, and where prohibited they will not apply to you;
3. information about your rights under the ANZ Consumer Laws, and remedies that you may have where they are breached, is accessible for Australian customers at https://www.accc.gov.au/consumers/consumer-rights-guarantees, and for New Zealand customers at https://www.consumerprotection.govt.nz/general-help/consumer-laws/consumer-guarantees-act/;
4. in some circumstances, the ANZ Consumer Laws may:
(a) require that certain warranties, conditions, guarantees or obligations relating to the the Site and our Services are implied into these Terms or imposed on our supply of the Service (“imposed terms”); and
(b) prohibit, or render void, other terms that have the effect of excluding, limiting or modifying an imposed term, or the exercise of rights and remedies, or the recovery of compensation, otherwise available to you where we breach an imposed term (“statutory prohibition”);
5. Where any of the ANZ Consumer Laws do apply to products or services that you acquire from us via the Site, nothing in these Terms is intended to, or does, exclude, limit or modify any imposed term or statutory prohibition. In particular, no part of these Terms is intended to limit our liability where that part would be a statutory prohibition;
6. Our liability for any breach of a consumer guarantee conferred by the Australian Consumer Law (other than those conferred by sections 51 to 53 of the Australian Consumer Law) is limited as follows:
(a) in the case of goods, to any one of the following as determined by us:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) in the case of services, to any one of the following as determined by Neo:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
7. In addition, your rights and our obligations in respect of the collection, storage, use and disclosure of personal information that you supply to us may be governed by:
(together, “ANZ Privacy Laws”).