These Terms of Service are a contract between you and Field Dailies., a company with its principle place of business at 105 West 4th Street Cincinnati Ohio 45202. Field Dailies operates www.Field Dailies .com (“Field Dailies Site”) and the form document generation, collection and storage services therein (collectively the “Service”). By using the Field Dailies Service and any services accessible from the Field Dailies Site, you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
If you do not agree to these Terms of Service or any part thereof, your only remedy is to not use the Field Dailies Site or the Service. VIOLATION OF ANY OF THE TERMS BELOW WILL RESULT IN THE TERMINATION OF YOUR RIGHT TO USE THE FIELD DAILIES SITE, AND ANY ACCOUNT THAT YOU MAY HAVE CREATED AS PART OF THE SERVICE. YOU AGREE TO USE THE FIELD DAILIES SITE AT YOUR OWN RISK.
In order to open an “Account” on the Field Dailies Site, you must (i) agree to these Terms of Service, (ii) provide a valid email address, and (iii) provide any other information required by Field Dailies during the registration process. You will update this information to maintain its accuracy during the term of this Service. You are responsible for maintaining the security of your account and password. Field Dailies cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are also responsible for all content that you may post on the Field Dailies Site (“Content”) and activity that occurs under your Account (even when Content is posted by others who have accounts under your Account). Personally identifiable information submitted by you shall be subject to Field Dailies Privacy Policy.
Field Dailies hereby grants you a non-exclusive, non-transferable, worldwide right to access and use the Field Dailies Software, solely with supported browsers through the Internet for your own internal purposes, subject to the Terms of Service. You may not permit the Field Dailies software to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Service shall be construed to grant you any right to transfer or assign rights to access or use the Field Dailies software. All rights not expressly granted to you are reserved by Field Dailies and its licensors. You shall not (i) modify or make derivative works based upon the Field Dailies software; (ii) reverse engineer or access the Field Dailies software in order to (a) build a competitive product or service, (b) build a product using similar features, functions or graphics of the Field Dailies software, or (c) copy any features, functions or graphics of the Field Dailies software or Web Site. You further acknowledge and agree that, as between the parties, Field Dailies owns all right, title, and interest in and to the Field Dailies software, including all intellectual property rights therein. By using the Field Dailies site and all associated software, customer agrees to all terms and conditions here within the user agreement.
You are responsible for all activity occurring under your accounts and are solely responsible for compliance with all applicable local, state, national and foreign laws, treaties and regulations relating to your use of the Field Dailies software, including those related to the protection of intellectual property, data privacy, international communications and the transmission of technical or personal data.
You shall: (i) notify Field Dailies immediately of any unauthorized use of any password or account or any other known or suspected breach of security; and (ii) report to Field Dailies immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you.
You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Field Dailies software, including, without limitation, modems, hardware, server, software, Internet browsers operating system, networking, web servers, long distance and local telephone service, but excluding the Field Dailies software itself (collectively, “Equipment”). You shall be responsible for ensuring that such Equipment is compatible with the Field Dailies software. You shall also be responsible for the use, and maintaining the security, of the Equipment.
As a condition to your use of the Field Dailies software, you agree not to:
upload, post, email, transmit or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, offensive, invades another’s privacy, or promotes bigotry, racism, hatred or harm against any individual or group;
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
phish, collect, upload, post, email, transmit or otherwise make available any login data and/or passwords for other web sites, software or services;
phish, collect, upload, post, email, transmit or otherwise make available credit card information or other forms of financial data used for collecting payments;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Field Dailies software;
upload, post, email, transmit or otherwise make available any information, materials or other content that infringes another’s rights, including any intellectual property rights;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
use any manual or automated software, devices, or other processes to “crawl,” “spider” or “screen scrape” any web pages contained in the Field Dailies software;
reverse engineer, decompile or disassemble any of the software used to provide the Field Dailies software;
reproduce, duplicate or copy or exploit any other portion of the Field Dailies software, without the express written permission of Field Dailies;
interfere with or disrupt the Field Dailies software, or any servers or networks connected to the Field Dailies software, or disobey any requirements, procedures, policies or regulations of networks connected to the Field Dailies software;
obtain, collect, store or modify the personal information about other users;
modify, adapt or hack the Field Dailies Site or falsely imply that some other site is associated with the Field Dailies software; or
use the Field Dailies software for any illegal or unauthorized purpose. You must not, in the use of the Field Dailies software, violate any laws in your jurisdiction (including but not limited to copyright laws).
Field Dailies will indemnify all paying accounts against and hold them harmless from: (a) any claim by a third party that any part of the Field Dailies software or its use, manufacture, sale, distribution, or reproduction infringes or misappropriates any copyrights, trade secrets, patents or other intellectual property; (b) any claim by a third party that this Terms of Service is in conflict, violation or breach of or with any contract, assignment, license, sublicense, security interest, or other obligation to which Field Dailies is a party or has knowledge; (c) any claim relating to any past, present or future use, licensing, sublicensing, distribution, marketing, disclosure or commercialization of any part of the Field Dailies Site by Field Dailies; and (d) any litigation, arbitration, judgments, awards, attorneys’ fees, liabilities, settlements, damages, losses and expenses relating to or arising from (a), (b) or (c) above.
In the course of using the Field Dailies Site, you may provide Field Dailies with feedback, including but not limited to suggestions, observations, errors, problems, and defects regarding the Field Dailies Site (collectively “Feedback”). You hereby grant Field Dailies a worldwide, irrevocable, perpetual, royalty-free, transferable and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works from and otherwise exploit all such Feedback.
A valid credit card is required for paying accounts. The Field Dailies account is billed in advance on a monthly basis in accordance with our pricing schedule and all payments are non-refundable. There will be no refunds or credits for partial months of Service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
You will be billed for your first month immediately upon signing up for a paying account. After signing up for a paying account and you don’t cancel that account within 30 days, you will be billed monthly starting on the 30th day after your account was initially created. An upgrade from the free account to any paying account will end your free trial. You will be billed for your first month immediately upon upgrading. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged monthly the new rate.
What if I need more data storage?
You can buy additional blocks of reserved data storage as your needs grow. To add bigger blocks or discuss any usage-related questions, please contact your account manager.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. You agree to pay for any such taxes that might be applicable to your use of the Service and payments made by you herein.
DOWNGRADING YOUR FIELD DAILIES SITE MAY CAUSE THE LOSS OF CONTENT, FEATURES, OR CAPACITY OF YOUR ACCOUNT. FIELD DAILIES DOES NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.
Field Dailies reserves the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. Field Dailies may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service. You acknowledge that Field Dailies has no obligation to pre-screen or monitor your access to or use of the Field Dailies Site or any information, materials or other content provided or made available through the Field Dailies Site, but has the right to do so. You hereby agree that Field Dailies may, in the exercise of Field Dailies sole discretion, remove or delete any entries, information, materials or other content that violates these Terms of Service or that is otherwise objectionable.
You can cancel your account at any time.
Any cancellation of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from Field Dailies once your account is cancelled. Please be aware that Field Dailies may for a time retain residual information in our backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as possible after you communicate that intention to us.
Cancellations will take effect immediately. Upon the commencement of a new Service period the Service will terminate without additional notice, and you will not be charged for any subsequent Service periods. You will not be provided any refunds for unused time on your Service period.
Field Dailies reserves the right to terminate any free Accounts that do not receive a form submission for 6 months or is not logged into for 6 months. Field Dailies, in its sole discretion, has the right to suspend or terminate your Account if (1) you breach these Terms of Service or (2) your bandwidth usage significantly exceeds the average bandwidth of other users of the Service. In each such case Field Dailies may refuse to provide you any current or future use of the Field Dailies Site, or any other Field Dailies Service. Any termination of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from Field Dailies once your account is terminated; however Field Dailies may for a time retain residual information in our backup and/or archival copies of our database.
Modifications to the Field Dailies Site and Prices.
Field Dailies reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Field Dailies Site and Service (or any part thereof) with or without notice.
Prices of all Field Dailies Sites, including but not limited to monthly subscription plan fees to the Field Dailies Site, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Field Dailies Site.
Field Dailies shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Field Dailies software.
Field Dailies reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Field Dailies Site, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Field Dailies Site after any such changes shall constitute your consent to such changes.
We claim no intellectual property rights over the material you provide to the Field Dailies Site. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share any Content.
Field Dailies does not pre-screen Content, but Field Dailies and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Field Dailies Site.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify a Field Dailies agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at
or:
Please provide our Agent with the following Notice:
THE SERVICES, AND ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN THE FIELD DAILIES SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER. FIELD DAILIES AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. FIELD DAILIES AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. FIELD DAILIES DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE FIELD DAILIES SITE WILL BE CORRECTED. FIELD DAILIES AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SERVICES. FIELD DAILIES AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE FIELD DAILIES SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE FIELD DAILIES SITE.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE FORMS AND CONTENT ON THE FIELD DAILIES SITE AND THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR LOSS OF DATA THAT RESULTS FROM THE SUBMISSION OR DOWNLOAD OF SUCH CONTENT.
Technical support is only provided to paying account holders and is only available via email. We will use commercially reasonable efforts to respond within a reasonable amount of time during regular business hours.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
UNDER NO CIRCUMSTANCES SHALL FIELD DAILIES OR ITS LICENSORS BE LIABLE TO YOU ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SERVICES OR FIELD DAILIES SITE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF FIELD DAILIES OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES OR FIELD DAILIES SITE, FROM INABILITY TO USE THE SERVICES OR FIELD DAILIES SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR FIELD DAILIES SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR FIELD DAILIES SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE FIELD DAILIES SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall Field Dailies or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms of Service will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (including, but not limited to, any prior versions of the Terms of Service). Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized representative of Field Dailies.
