Terms of Service

These Terms of Service (hereinafter “Agreement”) are a contract between you and Field Pocket, LLC (“Field Pocket”), and govern your use of the Field Pocket software as a service application (“Field Pocket Application”), and related Servers, (hereinafter collectively the “Service”), your rights and obligations with respect to Content contained in the Service and that you place in the Service, including User Content and Field Pocket Content, and associated Intellectual Property Rights thereto, as well as your creation of an account (hereinafter an “Account”) for use in connection with the Service. This Agreement may be changed by Field Pocket effective immediately by notifying you as provided in Section 31 below. Persons or entities, or representatives of same, that are in the business of providing services competitive to Field Pocket are not permitted to access the Service without Field Pocket’s prior written authorization, and you are prohibited from providing access to any such person or entity. By continuing to access or use the Service after the effective date of any such change, you agree to be bound by the modified Terms of Service.
1. Definitions
For purposes of this Agreement:
(a) “Field Pocket Application” means the farming tools software as a service application and related services available from the domain and subdomains of www.fieldpocket.com and any related or successor domains from which Field Pocket may offer services;
(b) “Field Pocket Software” is the software provided to you by Field Pocket and/or its suppliers under license in connection with the Service;(c) “Servers” are the online environments that support the Service;
(d) “Content” means any works of authorship, creative works, graphics, images, textures, photos, logos, sounds, music, video, audio, computer programs, applications, animations, text, objects, scripts, and interactive features;
(e) “User Content” means any Content that a user of the Service has uploaded, published, or submitted to or through the Servers, Website, or other areas of the Service;
(f) “Intellectual Property Rights” means copyrights, trademarks, service marks, trade dress, publicity rights, database rights, patent rights, and other intellectual property rights or proprietary rights recognized by law; and
(g) “Field Pocket Content” is the Content provided by Field Pocket under license in connection with the Service, except all User Content (as defined herein), including but not limited to Content we created or licensed from third parties.
(h) “You” “your” and “yours” means the person or entity establishing the Account hereunder, as well as any clients, legal representatives, agents and business partners or affiliates that you allow to contribute or share access to Content submitted to the Service in connection with your Account.
2. Age Requirements and Verification for Field Pocket
By accepting this Agreement in connection with an Account, you represent that you are at least 13 years of age, or the legal age of majority where you reside if that jurisdiction has an older age of majority, and you have the legal authority to enter into this Agreement. You further agree that as a condition to accessing Field Pocket, you will submit to account verification as required by Field Pocket, and provide only true and accurate identification documentation to Field Pocket or its third party service providers to verify your age.
3. Establishing an Account
You must establish an Account with Field Pocket to use the Service. You may not establish an account if you are currently suspended, terminated or prohibited from using the Service. You agree to provide accurate, current and complete information about yourself as prompted by the registration form (“Registration Data”) and to use the account management tools provided to keep your Registration Data accurate, current and complete.
4. Responsibility for Use of Account
Depending on the nature of your Account and the permissions granted in connection with the issuance of your account, the System will either allow or disallow you access to certain categories of User Content, and either allow or disallow you to upload certain categories of User Content, in the manner described on the Website at www.fieldpocket.com. You are responsible for all activities conducted through your Account. In the event that fraud, illegality or other conduct that violates this Agreement is discovered or reported (whether by you or someone else) that is connected with your Account, we may suspend or terminate your Account as described in Section 23.
5. Selection and Use of Account
At the time your Account is opened, you must select a password for the Account. You are responsible for maintaining the confidentiality of this password and are responsible for any harm resulting from the disclosure, or authorization of the disclosure of any password by you or from any person’s use of any password to gain access to your Account or Account Name. At no time should you respond to an online request for a password other than in connection with the log-on process to the Service. The disclosure of any password to any other person is at the risk of the password holder.
6. Fees and Billing
Field Pocket charges fees for access to and use of the Service. These fees are set forth at www.fieldpocket.com/pricing. Should you elect to use paid aspects of the Service, you agree to the pricing, payment and billing policies posted at www.fieldpocket.com/pricing applicable to such fees and charges. Field Pocket may add new services for additional fees and charges, or prospectively amend fees and charges for existing services. You acknowledge that it is your responsibility to ensure payment in advance for all paid aspects of the Service, and to ensure that your credit or debit cards or other payment instruments accepted by Field Pocket continue to be valid and sufficient for such purposes. Field Pocket may exercise its suspension or termination rights as provided in Section 23 in the event of any payment delinquency. Any attempt made by you or your representatives to circumvent the Field Pocket Application’s licensing requirements may result in the immediate termination of your account as provided in Section 23.
7. Modification of Service
Field Pocket has the right to change and/or eliminate any aspect(s), features or functionality of the Service as it sees fit at any time without notice, and Field Pocket makes no commitment, express or implied, to maintain or continue any aspect of the Service. You acknowledge that your use of the Service is subject to this risk and that you knowingly assume it and make your decisions to participate in the Service and contribute Content.
8. User Responsibility for Accuracy of Information; Disclaimer of Responsibility for Conduct of Third Parties and Accuracy of Reports and Analysis
You are responsible for the accuracy of the Content that you, your clients or your business partners contribute to the Service. The reports and analyses generated by the Field Pocket Application are for informational purposes and do not constitute legal, financial, investment or other business advice on the part of Field Pocket to you, your clients or your business partners. You understand that Field Pocket is a service provider that enables its users to interact online and display and communicate information and Content chosen by those users, and that users likewise can alter the service environment on a real-time basis. Field Pocket does not control or endorse the Content of communications between users or users’ interactions with each other or the Service. You acknowledge that you will be exposed to various aspects of the Service involving the conduct, Content, and services of users, and that Field Pocket does not control and is not responsible or liable for the quality, safety, legality, truthfulness or accuracy of any such user conduct, User Content, or user services. You acknowledge that Field Pocket does not guarantee the accuracy of information submitted by any user of the Service, nor any identity information about any user. Your interactions with other users and your use and purchase of User Content or user services are entirely at your own risk. The Service may contain links to or otherwise allow connections to third-party Field Pocket Platform, servers, and online services or environments that are not owned or controlled by Field Pocket. You agree that Field Pocket is not responsible or liable for the Content, policies, or practices of any third-party Field Pocket Platform, servers, or online services or environments. Please consult any applicable terms of use and privacy policies provided by the third party for such Field Pocket Platform, servers, or online services or environments.
9. Right of Field Pocket to Refuse or Delete Content, Deny or Disable Access
You agree that Field Pocket has and may exercise the right in its sole discretion to pre-screen, refuse, or delete any Content or services from the Service or disable any user’s access to the Service without notice or liability to you or any other party, including upon our belief that such user’s conduct, Content, services, or use of the Service is potentially illegal, threatening, or otherwise harmful to any user or other person or in violation of this Agreement, or other policies.
10. Policy on Intellectual Property Infringement
Intellectual property infringement on the Service is a violation of this Terms of Service, and you agree not to engage in such infringement. Further, it is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act and to terminate the accounts of repeat infringers in appropriate circumstances. Field Pocket reserves the right to disable, delete or terminate, without notice, any user’s Content or access to the Service if that user is determined by Field Pocket to infringe or repeatedly infringe.
11. Interruption of Service
Field Pocket may on occasion need to interrupt the Service with or without prior notice. You agree that Field Pocket will not be liable for any interruption of the Service (whether intentional or not), and you understand that except as may otherwise be specifically provided in Field Pocket’s Terms of Service you will not be entitled to any refunds of fees or other compensation for interruption of service. Likewise, you agree that in the event of data loss, we will not be liable for any purported damage or harm arising therefrom. Field Pocket owns the bits and bytes of electronic data stored on its Servers, and accordingly will not be liable for any deletion, corruption or data loss that occurs in connection with the Service. Field Pocket will solely determine any disposition of the electronic data stored on its Servers and will have no obligation to reproduce, process, transfer, extract or recreate any data from its Servers. Our ownership of these bits and bytes of electronic data stored on our Servers does not limit or impair any Intellectual Property Rights you may have in your Content as set forth in Section 12 below.
12. Your Rights and Obligations with Respect to Your Content
The Service may provide you with the ability to upload, post, disclose, distribute or otherwise submit Content to the Service. You retain any and all Intellectual Property Rights in Content you submit to the Service. You retain any and all Intellectual Property Rights you already hold under applicable law in Content you upload, publish, and submit to or through the Servers, Website, and other areas of the Service, subject to the rights, licenses, and other terms of this Agreement, including any underlying rights of other users or Field Pocket in Content that you may use or modify. In connection with Content you upload, publish, or submit to any part of the Service, you affirm, represent, and warrant that you own or have all necessary Intellectual Property Rights, licenses, consents, and permissions to use and authorize Field Pocket and users of the Service to use the Content in the manner contemplated by the Service and these Terms of Service. You grant certain Content licenses to Field Pocket by submitting your Content to the Service. You agree that by uploading, publishing, or submitting any Content to or through the Servers, Website, or other areas of the Service, you hereby automatically grant Field Pocket a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, index, prepare derivative works of, display, and perform the Content solely for the purposes of providing and promoting the Service. You understand that this license enables Field Pocket to display, distribute, promote, and improve the Service. You agree that the license includes the right to copy, analyze and use any of your Content as Field Pocket may deem necessary or desirable for purposes of debugging, testing, or providing support or development services in connection with the Service and future improvements to the Service. The license granted in this Section is referred to as the “Service Content License.” You also acknowledge that the Service Content License granted to Field Pocket with respect to your Content will survive the termination of your Account to permit Field Pocket: (i) to retain server copies of particular instances of your Content, including copies stored in connection with back-up, debugging, and testing procedures; and (ii) to enable the exercise of the licenses granted in this Section 12 for any other copies or instances of the same Content that you have not specifically deleted from the Service.
13. Access to User Content After Termination
In the event you terminate this Agreement, provided that you have paid all applicable fees due in connection with your use of the Service, and are in compliance with the terms of this Agreement, and subject to the provisions of paragraph 24, we will upon request provide you with a copy of all User Content stored within the Service as of the time of the termination.
14. Field Pocket’s Intellectual Property Rights and Limited License Granted to You
Field Pocket owns Intellectual Property Rights in and to the Service, except all User Content, including the Field Pocket Software, the Field Pocket Platform, the Servers, and the Field Pocket Content, and in and to our trademarks, service marks, trade names, logos, domain names, taglines, and trade dress (collectively, the “Field Pocket Marks”). You understand that such Intellectual Property Rights are apart from any rights you may have in Content you upload, publish or submit to the Service, as discussed above. You acknowledge and agree that Field Pocket and its licensors own all right, title, and interest in and to the Service, including all Intellectual Property Rights therein, other than with respect to User Content. Except as expressly granted in this Agreement, all rights, title, and interest in and to the Service, except all User Content, and in and to the Field Pocket Marks are reserved by Field Pocket. Copyright, trademark and other laws of the United States and foreign countries protect the Service and the Field Pocket Marks. Field Pocket hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited, revocable license to access and use the Service as set forth in these Terms of Service and expressly conditioned upon your Account remaining active, in good standing, and in full compliance with these Terms of Service. Additional terms may apply to certain elements of the Service; these terms are available where such separate elements are made available on the Website. If there is any contradiction between any additional terms and these Terms of Service, then the additional terms shall take precedence only in relation to that particular element of the Service. Any use of the Service, including Content on the Service, other than as specifically authorized in this Agreement, without the prior written permission of Field Pocket, is strictly prohibited and will terminate all licenses granted herein. You agree not to disclose any information regarding the operation of Field Pocket to any person or entity offering products or services competitive with that of the Service.
15. Your Obligations with Respect to the Intellectual Property Rights of Other Users
You agree that you will not upload, publish, or submit to any part of the Service any Content that is protected by Intellectual Property Rights or otherwise subject to proprietary rights, including trade secret or privacy rights, unless you are the owner of such rights or have permission from the rightful owner to upload, publish, or submit the Content and to grant Field Pocket and users of the Service all of the license rights granted in this Agreement. You acknowledge that the Content of the Service is provided or made available to you under license from Field Pocket and independent Content providers, including other users of the Service (“Content Providers”). You acknowledge and agree that except as expressly provided in this Agreement, the Intellectual Property Rights of Field Pocket and other Content Providers in their respective Content are not licensed to you by your mere use of the Service. You must obtain from the applicable Content Providers any necessary license rights in Content that you desire to use or access. You agree that you will not copy, transfer, or distribute outside the Service any Content in a manner that infringes or violates any Intellectual Property Rights of Field Pocket, other Content Providers, or any third parties. You copy and use Content at your own risk. You are solely responsible and liable for your use, reproduction, distribution, modification, display, or performance of any Content in violation of any Intellectual Property Rights. You agree that Field Pocket will have no liability for, and you agree to defend, indemnify, and hold Field Pocket harmless for, any claims, losses or damages arising out of or in connection with your use, reproduction, distribution, modification, display, or performance of any Content.
16. Prohibited Conduct
While using the Service, you agree that you will not:
(a) Post, display or transmit Content that violates any law, or the rights of any third party including without limitation Intellectual Property Rights;
(b) Impersonate any person or entity without their consent, or otherwise misrepresent your affiliation;
(c); Post, display, transmit, or otherwise communicate in any form, Content that is harmful, threatening or harassing, defamatory, libelous, false, inaccurate, misleading, or invades another person’s privacy;
(d) Post, display, transmit, or otherwise communicate in any form, Content that is obscene, hateful, or racially, ethnically or otherwise objectionable;
(e) Post, display, transmit, or otherwise communicate in any form, Content that is explicitly sexual or intensely violent, or is prohibited by the laws of any applicable jurisdiction;
(f) Post or transmit viruses, Trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines that may harm the Service or interests or rights of other users, or that may harvest or collect any data or personal information about other users without their consent;
(g) Post or transmit unsolicited or unauthorized advertising, or promotional materials, that are in the nature of “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation that Field Pocket considers to be of such nature;
(h) Engage in malicious or disruptive conduct that impedes or interferes with other users’ normal use of the Service;
(i) Attempt to gain unauthorized access to any other user’s Account, password or Content; or
(j) Use or attempt to use any Account or the information contained in or generated by such Account in furtherance of any attempt to file false insurance claims, or to commit any other kind of insurance or financial fraud or deception.
Any violation by you of the terms of this Section may result in immediate suspension or termination of your Account without any refund or other compensation.
17. Privacy Policy and Use of Personal Information
We are committed to protecting your privacy and will use your information only as described in our Privacy Policy, which sets forth the conditions under which you provide personal and other information to us. You understand and agree that through your use of the Service you consent to the collection and use of your information in accordance with our Privacy Policy.
18. Releases
You agree not to hold Field Pocket liable for the Content, actions, or inactions of other users. As a condition of access to the Service, you release Field Pocket (and its officers, directors, shareholders, agents, subsidiaries, and employees) from claims, demands, losses, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have or claim to have with one or more users, including whether or not Field Pocket becomes involved in any resolution or attempted resolution of the dispute. If you are a California resident, you waive California Civil Code Section 1542, which says: “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.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine. You agree and understand that Field Pocket does not control and is not responsible for information you provide to parties other than Field Pocket.
19. Disclaimer of Warranties
Field Pocket PROVIDES THE SERVICE, INCLUDING WITHOUT LIMITATION THE Field Pocket SOFTWARE, THE SERVERS AND YOUR ACCOUNT STRICTLY ON AN “AS IS” BASIS, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO VALUE, EITHER EXPRESS OR IMPLIED, IS GUARANTEED OR WARRANTED WITH RESPECT TO ANY CONTENT. NOTWITHSTANDING ANY INTELLECTUAL PROPERTY RIGHTS YOU MAY HAVE IN YOUR CONTENT OR ANY EXPENDITURE ON YOUR PART, Field Pocket AND YOU EXPRESSLY DISCLAIM ANY COMPENSABLE VALUE RELATING TO OR ATTRIBUTABLE TO ANY DATA RELATING TO YOUR ACCOUNT RESIDING ON Field Pocket’s SERVERS. YOU ASSUME ALL RISK OF LOSS FROM USING THE SERVICE ON THIS BASIS. Field Pocket does not ensure continuous, uninterrupted, error-free, secure or virus-free operation of the Service, the Field Pocket Software, the Servers or your Account, and you understand that you shall not be entitled to refunds or other compensation based on Field Pocket’s failure to provide any of the foregoing other than as explicitly provided in this Agreement. Some jurisdictions do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to you.
20. Limitation of Liability
21. Indemnification
At Field Pocket’s request, you agree to defend, indemnify and hold harmless Field Pocket, its officers, directors, shareholders, employees, subsidiaries, and agents from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from: (i) any breach or alleged breach by you of this Agreement, including without limitation your representations and warranties relating to your Content; or (ii) your acts, omissions or use of the Service, including without limitation your negligent, willful or illegal conduct, including but not limited to any acts requiring Field Pocket to incur costs in connection with governmental investigations, audits, or security or other remediation efforts or other measures.
22. Legal Relationship Between You and Field Pocket
You acknowledge that your participation in the Service, including your creation or uploading of Content in the Service, does not make you a Field Pocket employee and that you do not expect to be, and will not be, compensated by Field Pocket for such activities, and you will make no claim inconsistent with these acknowledgements. In addition, no agency, partnership, joint venture, franchise relationship is intended or created by this Agreement.
23. Suspension and Termination of Accounts
You may terminate this Agreement by closing your Account at any time for any reason. In such event, Field Pocket shall have no further obligation or liability to you under this Agreement or otherwise, and you shall be entitled to no compensation or other payment, remedy, recourse or refund. Field Pocket may suspend or terminate your Account if you violate this Agreement. Upon termination of your Account in the event of such breach, this Agreement between us will be automatically terminated and you may not re-subscribe to the Service through any other Account that you may establish. We may suspend or terminate your Account if we determine in our discretion that such action is necessary or advisable to comply with legal requirements or protect the rights or interests of Field Pocket or any third party. If Field Pocket elects to generally suspend or discontinue the Service, in whole or in part, for any reason, Field Pocket may suspend or terminate your Account. In such event, you will not be entitled to compensation for such suspension or termination, and you acknowledge Field Pocket will have no liability to you in connection with such suspension or termination.
24. Loss of Content and Account Upon Termination of Account
Upon termination of your Account, you will no longer be able to access your Account or access (or transfer or direct the transfer to any other Account) any Content or data you have stored on the Servers. All licenses granted by Field Pocket to use the Service will automatically terminate. You acknowledge that you have elected to use the Service notwithstanding the possibility of termination of such license rights under the circumstances set forth in this Agreement. You should ensure that you have only stored Content on the Servers to which you are willing to permanently lose access. You acknowledge and assume the risk of the possibility of suspension or termination of your Account as provided herein, and you represent that you will make your decisions to participate in the Service and contribute Content at all times knowingly based upon these risks. You will have the technical ability to delete Content from your Account prior to its termination, but Field Pocket is not responsible for any liability arising from any deletion of Content on your part that is prohibited by law or contrary to the terms of a validly issued Court order or subpoena requiring preservation of such Content. While Field Pocket may retain or store Content for an indeterminate period of time after termination of your Account, Field Pocket is under no obligation to do so. Field Pocket also reserves the right to prevent deletion of Content when required to do so by law or the terms of a validly issued Court order or subpoena requiring preservation of such Content. At Field Pocket’s sole discretion, we may make an electronic collection of your content available to you in a manner determined by Field Pocket in Field Pocket’s sole discretion, provided that you have not breached this Agreement. You agree that in the event of the termination of the Agreement, Field Pocket will have no obligation to provide support or other information to you or your agents. In the event that Field Pocket ceases operation or discontinues the Service, Field Pocket will make a data export of your Content available. Field Pocket provides no guarantee or warranty with respect to any such data export, including but not limited to its suitability for other systems.
25. Liability for Unpaid Fees Upon Termination of Account
Upon termination, you will remain liable for any unpaid amounts owed by you to Field Pocket.
26. Survival of Terms After Termination
The following terms will survive any termination of this Agreement: Sections 6, 18, 21 and 25.
27. Dispute Resolution and Arbitration
In the event of a dispute between you and Field Pocket, other than with respect to claims for injunctive relief, the dispute will be resolved by binding arbitration pursuant to the rules of the American Arbitration Association Commercial Arbitration Rules. The place of the arbitration shall be in Mount Holly, New Jersey. In the event that there is any dispute between you and Field Pocket that is determined not to be subject to arbitration pursuant to the preceding sentence, you agree to submit in that event to the exclusive jurisdiction and venue of the state and federal courts located in the Mercer County, New Jersey. You agree that this Agreement and the relationship between you and Field Pocket shall be governed by the laws of the State of New Jersey without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods. Notwithstanding this, either party shall still be allowed to apply for injunctive or other equitable relief to protect or enforce that party’s Intellectual Property Rights in any court of competent jurisdiction where the other party resides or has its principal place of business.
28. Disclaimer of Warranties as to Use Outside of the United States
Field Pocket is a United States-based service. Field Pocket makes no representation that any aspect of the Service is appropriate or available for use outside of the United States. Those who access the Service from other locations are responsible for compliance with applicable local laws. The Field Pocket Software is subject to applicable export laws and restrictions.
29. Assignment of Agreement and Account
You may not assign this Agreement or your Account without the prior written consent of Field Pocket. You may not transfer or sublicense any licenses granted by Field Pocket in this Agreement without the prior written consent of Field Pocket. Field Pocket may assign this Agreement, in whole or in part, and all related rights, licenses, benefits and obligations, without restriction, including the right to sublicense any rights and licenses under this Agreement.
30. Integration, Interpretation of Section Headings and Severability
This Agreement and the DMCA and Privacy policies referenced in this Agreement sets forth the entire agreement and understanding between you and Field Pocket with respect to the subject matter hereof and supersedes any prior or contemporaneous agreements or understandings. This Agreement may not be modified except as provided in Section 1 or by mutual written agreement between you and Field Pocket that is signed by hand (not electronically) by duly authorized representatives of both parties and expressly references amendment of this Agreement. You acknowledge that no other written, oral or electronic communications will serve to modify or supplement this Agreement, and you agree not to make any claims inconsistent with this understanding or in reliance on communications not part of this Agreement. The section headings used herein, including descriptive summary sentences at the start of each section, are for convenience only and shall not affect the interpretation of this Agreement. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unlawful, void, or unenforceable, then in such jurisdiction that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions.
31. Notices and Communication
Field Pocket may provide notice to you and obtain consent from you through (1) the website at www.fieldpocket.com and app.fieldpocket.com; (2) by electronic mail at the electronic mail address associated with your Account; and/or (3) by written mail communication to you at the address associated with your Account. You must give all notices required or permitted under this Agreement at 2 E. Scott St Suite #200, Riverside, NJ 08075. In connection with providing the Service, Field Pocket may communicate with you, your clients and business partners by electronic mail and SMS or other text messages. By accessing the Services, you consent to receiving such communications. You agree to incur and be solely responsible for any and all costs resulting from communication by electronic mail, SMS or other text messages. You, your clients and your business partners may advise Field Pocket that you withdraw this consent in connection with your use of the Services by providing notice in accordance with this paragraph.
32. Data Retention Policy
For all active accounts, Field Pocket retains all User content uploaded to the System through your account during the time period that your account is in use. Upon termination of your account, User content uploaded to the System will be deleted. You acknowledge and accept that Field Pocket shall not assume any responsibility or liability for the retention of data for inactive or terminated accounts