This Terms of Use Policy applies to Fields & Smith Services, LLC., a multi-member limited liability corporation formed in the State of Ohio, and all subsidiaries of Fields & Smith Services, LLC. Which may include, but is not limited to, FIELDS SMITH, Damian Fields, Landen Bryce, Sudsibins and Noble Services.
This is an Agreement between you (visitor) and Fields & Smith Services, LLC. Our websites (the “Sites”) are comprised of various web pages operated by Fields & Smith Services, LLC. Our Sites are offered to you conditioned on your acceptance without modification to the terms, conditions, and notices contained herein (the “Terms”). Your use of our websites constitutes your agreement to all such Terms. Please read these terms carefully.
Our websites are sites that offer products and/or services and may contain knowledge bases for those products and/or services.
Websites:
Privacy
Your use of our Sites is subject to Fields & Smith Services, LLC.’s Privacy Policy. Our Privacy Policy also governs our Sites and informs users of our data collection practices.
Electronic Communications
Visiting our Sites, chatting with our agents on our sites or sending emails to Fields & Smith Services, LLC. and/or subsidiaries constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on our Sites, satisfy any legal requirements that such communications be in writing.
Your Account
If you use our Sites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account and password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Fields & Smith Services, LLC. is not responsible for third party access to your account that results from theft or misappropriation of your account. Fields & Smith Services, LLC. and its associates reserve the right to refuse or cancel services, terminate accounts, or remove or edit content in our sole discretion.
Children under the age of 18, but no less than 16.
Fields & Smith Services, LLC. collects personally identifiable information from children under the age of 18, but no less than the age of 16. Fields & Smith Services, LLC. collects this information for the following reasons:
This information is collected by us for the preparation of taxes. The child must obtain parental consent for the child to contract our services.
Links to Third-Party Sites/Services
Our Sites may contain links to other websites (“Linked Sites”). The linked sites are not under the control of Fields & Smith Services, LLC., therefore, our company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Stie, or any changes or updates to a Linked Site.
Certain services made available within our Sites are delivered by third party sites and organizations. By using any product, service or functionality originating from our Sites, you hereby acknowledge and consent that Fields & Smith Services, LLC. may share such information and data with any third party with whom Fields & Smith Services, LLC. has a contractual relationship with to provide the requested product, service or functionality on behalf of Fields & Smith Services, LLC. users and clients.
No Unlawful or Prohibited Use of Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use our Sites strictly in accordance with these Terms of Use. As a condition of your use of our Sites, you warrant Fields & Smith Services, LLC. that you will not use the Sites for any purpose listed below.
As a part of these Terms of Use, you also agree that you will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on our Sites. Fields & Smith Services, LLC.’s content is not for resale. Your use of our Sites does not entitle you to make any unauthorized use of any protected content, and you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Fields & Smith Services, LLC. and the copyright owner(s). You agree that you do not acquire any ownership rights in any protected content. We do not grant you any license, express or implied, to the intellectual property of Fields & Smith Services, LLC. or our licensors except as expressly authorized by these Terms.
Use of Communication Services
Our Sites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large, with a group, with our staff or just to leave feedback in general (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and relate to the Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Fields & Smith Services, LLC. has no obligation to monitor the Communication Services. However, Fields & Smith Services, LLC. reserves the right to review materials posted to a Communication Services at any time without notice for any reason whatsoever.
Fields & Smith Services, LLC. always reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Fields & Smith Services, LLC.’s sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. Fields & Smith Services, LLC. does not control or endorse the content, messages or information found in any Communication Service and, therefore, Fields & Smith Services, LLC. specifically disclaims any liability regarding the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Fields & Smith Services, LLC. spokespersons, and their views do not necessarily reflect those of Fields & Smith Services, LLC.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to our Sites or posted on any of Fields & Smith Services, LLC. Web Pages
Fields & Smith Services, LLC. does not claim ownership of the materials you provide to our Sites (including feedback and suggestions) or post, upload, input or submit to any Fields & Smith Services, LLC. Sites or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Fields & Smith Services, LLC., our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses, including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Fields & Smith Services, LLC. is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Fields & Smith Services, LLC.’s sole discretion.
By posting uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all the rights to your Submission as described in this section, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
In some cases, you will have the ability to connect your Fields & Smith Services, LLC. account with your third-party accounts. By connecting your Fields & Smith Services, LLC. account to your third-party accounts, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administratively by Fields & Smith Services, LLC. from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws and regulations. You agree that you will not use Fields & Smith Services, LLC. content through our Sites in any country or in any prohibited by applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend, and hold harmless Fields & Smith Services, LLC., its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use our Sites or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Fields & Services, LLC. reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Fields & Smith Services, LLC. in asserting any available defenses.
Arbitration
In event the parties are not able to resolve any dispute between them arising out of or concerning these Terms of Use, or any provisions hereof, whether in contract, tort, or otherwise at law or un equity for damages or any other relief, then such dispute shall be resolved only by final ad binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgement may be entered upon it in any court having jurisdiction. If any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms of Use, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims regarding these Terms of Use or any dispute arising because of these Terms of Use, whether directly or indirectly, including Tort claims that are a result of these Terms of Use. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms of Use.
Class Action Waiver
Any arbitration under these Terms of Use will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in each’s individual capacity, and not as a plaintiff or class member in any putative class, collective and/or representative proceeding, such as in the form of a private attorney general action against the other. Further, unless both you and Fields & Smith Services, LLC. 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.
Liability
The information, software, products, and services included in or available through our Sites may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Fields & Smith Services, LLC. and/or its suppliers may make improvements and/or changes to our Sites at any time.
Fields & Smith Services, LLC. and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on our Sites for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “AS IS” without warranty or condition of any kind. Fields & Smith Services, LLC. and/or its suppliers hereby disclaim all warranties and conditions regarding this information, software, products, services and related graphics, including all implied warranties or conditions or merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall Fields & Smith Services, LLC. and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use of performance of our Sites, or otherwise arising out of the use of the sites, whether based on contract, Tort, negligence, strict liability or otherwise, even if Fields & Smith Services, LLC. or any of its suppliers has been advised of the possibility of damages, because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of our Sites, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using our Sites.
Termination/Access Restriction
Fields & Smith Services, LLC. reserves the right to, in its sole discretion, to terminate your access to our Sites and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Ohio, and you hereby consent to the exclusive jurisdiction and venue of the courts in Ohio in all disputes arising out of or relating to the use of our Sites. Use of our Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Fields & Smith Services, LLC. because of this agreement or use of our Sites. Fields & Smith Services, LLC.’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Fields & Smith Services, LLC.’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of our Sites or information provided to or gather by Fields & Smith Services, LLC. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the under and Fields & Smith Services, LLC. with respect to our Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Fields & Smith Services, LLC. with respect to our Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to these Terms of Use
Fields & Smith Services, LLC. reserves the right, in its sole discretion, to change the Terms under which our Sites are offered. The most current version of the Terms will supersede all previous versions. Fields & Smith Services, LLC. encourages you to periodically review the Terms to stay informed of our updates.