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Fieldpiece Terms of Service

Last Updated: 1/13/2025

Welcome, and thank you for your interest in Fieldpiece Instruments, Inc. (“Fieldpiece,” “we,” or “us”) and our website at www.fieldpiece.com, Job Link Application (defined below), along with our related websites, hosted applications, mobile or other downloadable applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Fieldpiece regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY:

BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING FIELDPIECE’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Service. YOUR USE OF THE SERVICE, AND FIELDPIECE’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY FIELDPIECE AND BY YOU TO BE BOUND BY THESE TERMS.

Arbitration NOTICE. Except for certain kinds of disputes described in Section 17 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND FIELDPIECE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

  1. Fieldpiece Service Overview. Fieldpiece manufactures tools and test instruments for professionals in the heating, ventilation, air-conditioning, and refrigeration (“HVAC”) space, and such tools and instruments, along with other aspects of the professional’s job (including, without limitation, invoicing, cloud storage, and hourly rates), may link to the Job Link Application. You may also use the Job Link mobile application (“Job Link Application”) subject to these Terms and solely in combination with Fieldpiece’s diagnostic hardware tools to diagnosis HVAC appliances. The Job Link Application: (a) may include additional functionality related to administrative tasks, which may include accounting, team building, Job Link Application subscription management; (b) may only be used with hardware tools offered by Fieldpiece; and (c) is a Third-Party Service and therefore subject to Section 8.1 below.
  2. Eligibility. You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
  3. Accounts and Registration. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at fpwarranty@fieldpiece.com.
  4. General Payment Terms. Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable unless otherwise specifically provided for in these Terms.
4.1 Price. Fieldpiece reserves the right to determine pricing for the Service. Fieldpiece will make reasonable efforts to keep pricing information published on the Service up to date. We encourage you to check our pricing page (available at https://www.fieldpiece.com/product-category/job-link-system) periodically for current pricing information. Fieldpiece may change the fees for any feature of the Service, including additional fees or charges, if Fieldpiece gives you advance notice of changes before they apply. Fieldpiece, at its sole discretion, may make promotional offers with different features and different pricing to any of Fieldpiece’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms. We also may choose to give you free access to certain aspects of the Service for a period of time that we designate.
4.2 Payment Processing. We may contract with a third party to process any payments submitted for or through our Service (“Payment Processor”). By making any purchase for or through our Service, you authorize us to share any of your information with the Payment Processor in order to process your payment. We may use Stripe, Inc. (“Stripe”) as our Payment Processor (https://stripe.com). In that case, Stripe will collect, use, and process your information, including payment information, in accordance with Stripe’s privacy policy (which may be accessed at https://stripe.com/privacy), and Stripe’s terms of service (which may be accessed at https://stripe.com/legal/consumer).
4.3 Authorization. You authorize Fieldpiece and its Payment Processor to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Fieldpiece, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, then Fieldpiece or its Payment Processor may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
4.4 Subscription Service. The Service may include certain subscription-based plans with automatically recurring payments for periodic charges (“Subscription Service”). The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. The Subscription Service will begin on the Subscription Billing Date and continue for the subscription period that you select on your account (such period, the “Initial Subscription Period”), and will automatically renew for successive periods of the same duration as the Initial Subscription Period (the Initial Subscription Period and each such renewal period, each a “Subscription Period”) unless you cancel the Subscription Service in accordance with Section 4.5 or we terminate it. If you activate a Subscription Service, then you authorize Fieldpiece or its Payment Processors to periodically charge, on a going-forward basis and until cancellation of the Subscription Service, all accrued sums on or before the payment due date. For information on the “Subscription Fee,” please see our pricing page (available at https://www.fieldpiece.com/product-category/job-link-system). Your account will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of your Subscription Service for all applicable fees and taxes for the next Subscription Period.
4.5 Cancellation. You must cancel your Subscription Service at least 30 days before it renews in order to avoid billing of the next periodic Subscription Fee to your account. Fieldpiece or its Payment Processor will bill the periodic Subscription Fee to the payment method associated with your account or that you otherwise provide to us. YOU MAY CANCEL THE SUBSCRIPTION SERVICE AT ANY TIME BY LOGGING INTO YOUR ACCOUNT (AVAILABLE AT HTTPS://ACCOUNT.FIELDPIECEJOBLINK.COM/TERMS) AND FOLLOWING THE CANCELLATION PROCEDURES DESCRIBED THEREIN OR BY CALLING FIELDPIECE AT (714)634-1844. YOUR CANCELLATION OF A SUBSCRIPTION SERVICE MUST BE RECEIVED AT LEAST 30 DAYS BEFORE THE RENEWAL DATE IN ORDER TO AVOID A CHARGE FOR THE NEXT SUBSCRIPTION PERIOD. UPON CANCELLATION OF A SUBSCRIPTION SERVICE BY YOU (AND NOT AS A RESULT OF YOUR VIOLATION OF THESE TERMS), YOU WILL CONTINUE TO HAVE USE OF AND ACCESS TO THE SOFTWARE PLATFORM UNDER THE ACCOUNT(S) ASSOCIATED WITH THE APPLICABLE SUBSCRIPTION SERVICE FOR THE REMAINDER OF THE PAID TERM OF THAT SUBSCRIPTION SERVICE (SUBJECT TO YOUR ONGOING COMPLIANCE WITH THESE TERMS). WE WILL NOT PROVIDE ANY REFUNDS OF PREPAID OR UNUSED SUBSCRIPTION FEE.
4.6 Trials. If you receive access to or use of the Service or features thereof on a free or trial basis (“Trial”), such access to or use is permitted only for your internal evaluation and testing purposes during the period designated by Fieldpiece (not to exceed sixty (60) days unless otherwise agreed upon by the parties in writing) (“Trial Period”). If you sign up and pay for a Subscription Service offering before the Trial Period ends, your Trial use will automatically terminate as of the first day of the applicable Subscription Period for the Subscription Service you selected. IF YOU DO NOT EARLIER TERMINATE, AT THE END OF THE TRIAL PERIOD, YOU WILL AUTOMATICALLY BE ENROLLED TO THE FREE VERSION OF THE SERVICE. These Trials will be considered part of the Service and, subject to the remainder of this Section 4.6, all provisions of these Terms relating to the Service will apply to these Trials. Trials are optional and either party may terminate Trials at any time for any reason. Trials may have inoperable or incomplete features. Fieldpiece may suspend your access to the Trials at any time. Your Trial use is at your own risk. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, FIELDPIECE PROVIDES NO WARRANTY, INDEMNITY, OR SUPPORT FOR TRIALS, AND OUR LIABILITY FOR TRIALS WILL NOT EXCEED $50.00 USD.
4.7 Refund Policy. Fieldpiece does not provide refunds, including partial refunds. You may cancel your applicable Subscription Service at any time in accordance with Section 4.5 of these Terms. Notwithstanding the foregoing, if you (a) terminate your applicable Subscription Service within the first 30 days following the purchase thereof and (b) email Fieldpiece at joblinkbilling@fieldpiece.com proof of such termination, Fieldpiece may, in its sole discretion, refund you the price you paid for such Subscription Service. Your use of the Service and acceptance of these Terms also indicates your acceptance of our refund policy.
4.8 Delinquent Accounts. Fieldpiece may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees. If your payment method is no longer valid at the time a renewal Subscription Fee is due, then Fieldpiece reserves the right to delete your account and any information or Customer Data (defined below) associated with your account without any liability to you.

  1. Licenses
5.1 Limited License. Subject to your complete and ongoing compliance with these Terms, Fieldpiece grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile or other downloadable application associated with the Service (whether installed by you or pre-installed on your mobile device by the device manufacturer or a wireless telephone provider) on a mobile device that you own or control; and (b) access and use the Service.
5.2 Device Limitations. As part of your Subscription Service, Fieldpiece may specify a “Device Limitation,” which is a limitation on the number of devices from which you may access and use the Services. If Fieldpiece does specify a Device Limitation, then you will ensure that the number of devices from which you access and use the Services does not exceed the Device Limitation. You may request an increase to the Device Limitation, and Fieldpiece may, in its sole discretion, accept or reject any such request and alter the Subscription Fees in accordance with Section 5.3 below.
5.3 Overages. You recognize that use of excess devices beyond the Device Limitation may result in additional fees owed to Fieldpiece. You and Fieldpiece agree to cooperate in good faith to review your use of the Services in compliance with Section 5.2 and you will promptly pay any additional reasonable Subscription Fees charged in connection with such excess device usage. You will promptly notify Fieldpiece in the event that you undergo any changes that could lead to a material increase the number of devices you use to access and use the Services.
5.4 License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism; or (d) exceed the Device Limitation. If you are prohibited under applicable law from using the Service, then you may not use it.
5.5 Feedback. We respect and appreciate the thoughts and comments from our users If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Fieldpiece an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.

  1. Ownership; Proprietary Rights. The Service is owned and operated by Fieldpiece. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by Fieldpiece (“Materials”) are protected by intellectual property and other laws. All Materials included in the Service are the property of Fieldpiece or its third-party licensors. Except as expressly authorized by Fieldpiece, you may not make use of the Materials. There are no implied licenses in these Terms and Fieldpiece reserves all rights to the Materials not granted expressly in these Terms. For avoidance of doubt, you retain all intellectual property rights and other rights in Customer Data, subject to the licenses granted under these Terms.
  2. Usage Data. We may collect, access, use, disclose, transfer, transmit, store, host, or otherwise process (“Process”) information generated from the use of the Service, which data does not identify users, any other natural human persons, or you, such as technical logs, data, and learnings about your use of the Service (“Usage Data”) for internal business purposes to: (a) track use of Service for billing purposes; (b) provide support for Service; (c) monitor the performance and stability of the Service; (d) prevent or address technical issues with the Service; (e) improve the Service and our other products and services (including, without limitation, for developing, training, and fine tuning artificial intelligence and machine learning models), and to develop new products and services; (f) for advertising and marketing; and (g) for all other lawful business practices, such as analytics, benchmarking, and reports. You will not interfere with the collection of Usage Data.
  3. Third-Party Terms
8.1 Third-Party Services. Certain features of the Service may enable integration with a third-party platform, add-on, service, or product not provided by Fieldpiece that you elect to integrate or enable for use with the Service (collectively, “Third-Party Services”). If you direct Fieldpiece to transmit data to, or receive data from, a Third-Party Service on your behalf, then you authorize Fieldpiece to Process any such data in connection with the applicable integration, in a manner consistent with the functionality of the Service requested by you and the permissions granted to Fieldpiece by the relevant integration. You acknowledge and agree that your use of a Third-Party Service is subject to your agreement with the relevant provider of such Third-Party Service, and that Fieldpiece is not a party to such agreement. Fieldpiece does not control and has no liability for Third-Party Services, including their security, functionality, operation, availability, or interoperability with the Service or how the Third-Party Services or their providers use your data.
8.2 Third-Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.

  1. Submitted Customer Data
9.1 Submitted Content. Certain features of the Service may permit you to submit, upload, or otherwise transmit (“Submit”) content to the Service, including messages, shipping information, data, text, and any other works of authorship, other works, or other information, including through any messaging portal available on the Service.
9.2 Limited License Grant to Fieldpiece. By Submitting Customer Data to or via the Service, you grant Fieldpiece a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and otherwise use your Customer Data to provide and improve the Service, including for upgrading, training, and maintenance of the Services. “Customer Data” means any data or information that: (a) you Submit to the Service, including from Third-Party Services; and (b) is Processed by Fieldpiece to provide the Service to you.
9.3 Your Obligations. You are responsible for your Customer Data, including its content and accuracy, and will comply with applicable laws and policies that Fieldpiece may provide to you from time to time when using the Service. You represent and warrant that you have made all disclosures, provided all notices, and have obtained all rights, consents, and permissions necessary for Fieldpiece to Process the Customer Data as set forth in these Terms without violating or infringing applicable laws, third-party rights, or terms or policies that apply to the Customer Data.
9.4 You Must Have Rights to the Content You Submit; Customer Data Representations and Warranties. You must not Submit Customer Data if you are not the owner of or are not fully authorized to grant rights in all of the elements of that Customer Data. Fieldpiece disclaims any and all liability in connection with Customer Data. You are solely responsible for your Customer Data and the consequences of providing Customer Data via the Service. By providing Customer Data via the Service, you affirm, represent, and warrant to us that:

(a) you are the creator and owner of the Customer Data, or have the necessary licenses, rights, consents, and permissions to authorize Fieldpiece to use and distribute your Customer Data as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Fieldpiece, the Service, and this Agreement;
(b) your Customer Data, and the Submission or other use of your Customer Data as contemplated by these Terms, does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Fieldpiece to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and
(c) your Customer Data could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

9.5 Customer Data Disclaimer. We are under no obligation to edit or control Customer Data that you or other users Submit and will not be in any way responsible or liable for Customer Data. Fieldpiece may, however, at any time and without prior notice, screen, remove, edit, or block any Customer Data that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Fieldpiece with respect to Customer Data. If notified by third party that Customer Data allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the Customer Data, which we reserve the right to do at any time and without notice. For clarity, Fieldpiece does not permit infringing activities on the Service.
9.6 Monitoring Content. Fieldpiece does not control and does not have any obligation to monitor Customer Data or any content made available by third parties. You acknowledge and agree that Fieldpiece reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Fieldpiece chooses to monitor the Customer Data, then Fieldpiece still assumes no responsibility or liability for the Customer Data or any loss or damage incurred as a result of the use of the Customer Data. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy. Fieldpiece may block, filter, mute, remove or disable access to any Customer Data uploaded to or transmitted through the Service without any liability to you or to any other users of the Service.

  1. Communications
10.1 Push Notifications. When you install the Job Link Application on your mobile device, you agree to receive push notifications, which are messages an application sends you on your mobile device when you are not in the application. You can turn off notifications by visiting your mobile device’s “settings” page.
10.2 Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.

  1. Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:
11.1 use the Service for any illegal purpose or in violation of any local, state, national, or international law;
11.2 harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Service;
11.3 violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
11.4 access, search, scrape, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by Fieldpiece;
11.5 interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
11.6 interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
11.7 perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission, or falsifying your age or date of birth;
11.8 sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 6 (Ownership; Proprietary Rights)) or any right or ability to view, access, or use any Materials; or
11.9 attempt to do any of the acts described in this Section 11 (Prohibited Conduct) or assist or permit any person in engaging in any of the acts described in this Section 11 (Prohibited Conduct).

  1. Modification of Terms. We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should remove your Customer Data and discontinue your use of the Service. Except as expressly permitted in this Section 12 (Modification of Terms), these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.
  2. Term, Termination, and Modification of the Service
13.1 Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 13.2 (Termination).
13.2 Termination. If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, Fieldpiece may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. YOU MAY TERMINATE YOUR ACCOUNT AND THESE TERMS AT ANY TIME BY FOLLOWING THE PROMPTS IN THE SERVICE (AVAILABLE AT: HTTPS://ACCOUNT.FIELDPIECEJOBLINK.COM/TERMS), CONTACTING CUSTOMER SERVICE AT FPWARRANTY@FIELDPIECE.COM, OR BY CALLING FIELDPIECE AT (714)634-1844.
13.3 Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Fieldpiece any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 5.5 (Feedback), 6 (Ownership; Proprietary Rights), 9 (Submitted Customer Data), 13.3 (Effect of Termination), 14 (Indemnity), 15 (Disclaimers; No Warranties by Fieldpiece), 16 (Limitation of Liability), 17 (Dispute Resolution and Arbitration), and 18 (Miscellaneous) will survive. You are solely responsible for retaining copies of any Customer Data you Submit to the Service since upon termination of your account, you may lose access rights to any Customer Data you Submitted to the Service. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Service using a different name, email address or other forms of account verification.
13.4 Modification of the Service. Fieldpiece reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Fieldpiece will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service. You should retain copies of any Customer Data you Submit to the Service so that you have permanent copies in the event the Service is modified in such a way that you lose access to Customer Data that you Submitted to the Service.

  1. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Fieldpiece, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Fieldpiece Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
  2. Disclaimers; No Warranties by Fieldpiece
15.1 THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. FIELDPIECE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. FIELDPIECE DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND FIELDPIECE DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
15.2 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR FIELDPIECE ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE FIELDPIECE ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. FIELDPIECE IS NOT RESPONSIBLE FOR ANY MISUSE OF THE SERVICE BY YOU, OR FOR ANY PERSONAL INJURY (INCLUDING ELECTROCUTION), DEATH, PROPERTY DAMAGE (INCLUDING WITHOUT LIMITATION TO CUSTOMER’S REAL PROPERTY), OR OTHER HARM OR LOSSES ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING CUSTOMER DATA.
15.3 THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 15 (Disclaimers; No Warranties by Fieldpiece) APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Fieldpiece does not disclaim any warranty or other right that Fieldpiece is prohibited from disclaiming under applicable law.

  1. Limitation of Liability
16.1 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE FIELDPIECE ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY FIELDPIECE ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
16.2 EXCEPT AS PROVIDED IN SECTIONS 17.5 (Commencing Arbitration) AND 17.7 (ARBITRATION RELIEF) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE FIELDPIECE ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO FIELDPIECE FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (b) US$100.
16.3 EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 16 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

  1. Dispute Resolution and Arbitration
17.1 Generally. Except as described in Section 17.2 (Exceptions) and 17.3 (Opt-Out), you and Fieldpiece agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND FIELDPIECE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

17.2 Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
17.3 Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 17 (Dispute Resolution and Arbitration) within 30 days after the date that you agree to these Terms by sending a letter to Fieldpiece Instruments, Inc., Attention: Legal Department – Arbitration Opt-Out, 1636 W Collins Ave, Orange, CA 92867 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Fieldpiece receives your Opt-Out Notice, this Section 17 (Dispute Resolution and Arbitration) will be void and any action arising out of these Terms will be resolved as set forth in Section 18.2 (Governing Law). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
17.4 Arbitrator. This arbitration agreement, and any arbitration between us, is subject the Federal Arbitration Act and will be administered by the JAMS under the rules applicable to consumer disputes (collectively, “JAMS Rules”) as modified by these Terms. The JAMS Rules and filing forms are available online at www.jamsadr.org, by calling the JAMS at +1-800-352-5267 or by contacting Fieldpiece.
17.5 Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Fieldpiece’s address for Notice is: Fieldpiece Instruments, Inc., 1636 W Collins Ave, Orange, CA 92867. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Fieldpiece may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, Fieldpiece will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000 or if Fieldpiece has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the JAMS Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS Rules and the other party may seek reimbursement for any fees paid to JAMS.
17.6 Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your residence address unless we agree otherwise or, if the claim is for $10,000 USD or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the JAMS Rules in the county (or parish) of your residence address. During the arbitration, the amount of any settlement offer made by you or Fieldpiece must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
17.7 Arbitration Relief. Except as provided in Section 17.8 (No Class Actions), the arbitrator can award any relief that would be available if the claims had been brough in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by Fieldpiece before an arbitrator was selected, Fieldpiece will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) $10,000 USD. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.
17.8 No Class Actions. YOU AND FIELDPIECE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Fieldpiece agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
17.9 Modifications to this Arbitration Provision. If Fieldpiece makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Fieldpiece’s address for Notice of Arbitration, in which case your account with Fieldpiece will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
17.10 Enforceability. If Section 17.8 (No Class Actions) or the entirety of this Section 17 (Dispute Resolution and Arbitration) is found to be unenforceable, or if Fieldpiece receives an Opt-Out Notice from you, then the entirety of this Section 17 (Dispute Resolution and Arbitration) will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 18.2 (Governing Law) will govern any action arising out of or related to these Terms.

  1. Miscellaneous
18.1 General Terms. These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Fieldpiece regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your Customer Data, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
18.2 Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and Fieldpiece submit to the personal and exclusive jurisdiction of the state courts and federal courts having jurisdiction over Orange County, California for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in California, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
18.3 Privacy Policy. Please read the Fieldpiece Privacy Policy (available at: https://www.fieldpiece.com/privacy-policy) (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Fieldpiece Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
18.4 Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
18.5 Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
18.6 Contact Information. The Service is offered by Fieldpiece Instruments, Inc., located at 1636 W Collins Ave, Orange, CA 92867. You may contact us by sending correspondence to that address or by emailing us at fpwarranty@fieldpiece.com.
18.7 Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
18.8 No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
18.9 International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.

  1. Notice Regarding Apple. This Section 19 (Notice Regarding Apple) only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Fieldpiece only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content of it. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.