Field A Team Terms of Service

Definitions

www.FieldATeam.com and the Field-A-Team mobile applications (the “App” or “Apps” as the case may be, collectively with the Website, the “CleverStep Services”) are owned and operated by CleverStep LLC (“CleverStep”).

The terms “CleverStep”, “Field-A-Team”, “we”, “us”, “our” and “ours” when used in these Terms of Service means CleverStep which includes all its parents, subsidiaries, divisions, branches, affiliates or companies under common ownership or control of CleverStep.

The terms “you”, “your” and “yours” when used in these Terms of Service means any user of this Website.

 

Agreement

Access to the CleverStep Services and the information, materials, products and services available through the CleverStep Services are subject to all applicable laws and regulations and to these Terms of Service.

By accessing theCleverStep Services, you agree to these Terms of Service which form a legally binding agreement. If you do not agree, please either exit this Website or discontinue using the Apps.

These Terms of Service may be changed by us from time to time by providing reasonablenotice to you. The latest Terms of Service will be posted on the Website, and you should always review these Terms of Service prior to using the CleverStep Services to ensure that you have a current understanding of the Terms of Service under which you are permitted to access theCleverStep Services. If you cannot access the Terms of Service via the Internet, we can provide a copy of the most recent Terms of Service by e-mail upon request.

ACCESS TO THECLEVERSTEP SERVICES (OR PORTIONS THEREOF) AND THE USE OF INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED THROUGH THIS WEBSITE (OR PORTIONS THEREOF), IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.

 

Ownership

Unless otherwise indicated, theCleverStep Services and their design, text, content, selection and arrangement of elements, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the CleverStep Services are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights and are the property of CleverStep or the material is included with the permission of the rights owner and is protected pursuant to copyright and trademark laws. ALL RIGHTS RESERVED.

The posting of any such elements does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through the CleverStep Services. Except as otherwise provided herein, none of the these elements may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

Permission is hereby granted to the extent necessary to lawfully access and use the CleverStep Services and/or information, materials, products and/or services available on it to display, download, archive and print in hard copy, portions of the CleverStep Services for personal use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these Terms of Service. Upon termination, you must immediately destroy any downloaded, archived or printed materials.

 

CleverStep Trademarks

The trademarks, logos, and service marks (collectively “Trademarks”) appearing in the CleverStep Services are the property of CleverStep and other parties.  Nothing contained on the CleverStep Services should be construed as granting any license or right to use any Trademark without the prior written permission of the party that owns the Trademark.

 

Registration

Registration, wherein persons must create a login id, sign in, and create a nickname, is required in order to access the CleverStep Services.  CleverStep may refuse to grant you, and you may not use, a nickname (or email address) that is already being used by someone else, impersonates another person, belongs to another person, violates the intellectual property or other rights of any person, is vulgar or otherwise offensive, or that CleverStep rejects for any other reason in its sole discretion. You agree that any information provided in your profile is accurate, true, current and complete, and that you will keep it updated. CleverStep may terminate your account if any of the information provided is found to be inaccurate, false, out of date or incomplete.

 

Non Commercial Use by Members

The CleverStep Services are for the personal use of authorized members who have registered with CleverStep (“Members”) only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of CleverStep.  Illegal and/or unauthorized use of the CleverStep Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the CleverStep Services are prohibited and will be investigated and prosecuted. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of your membership.  CleverStep will take appropriate legal action for any illegal or unauthorized use of the CleverStep Services.

 

Personal Use

CleverStep does not and cannot pre-screen or review every Posting.  However, CleverStep (and trusted users) may edit any Posting it considers, in its sole discretion, to violate these Terms of Service, including removing any personally identifiable information.  For the purposes of these Terms of Service, the term “Post” and “Postings” means, but is not limited to, any text, links, images, communications, opinions, software, data, and any other content any person provides on the App, including, but not limited to message boards, chats (discussion forums) blogs, wiki pages or otherwise.

 

Conduct

Use Common Sense: You are responsible for exercising your judgment in evaluating and acting on (or ignoring) other participants’ Postings on the App.  Remember, due to the anonymous nature of the Internet, other Members may not be who they say they are, know what they say they know or be affiliated with whom they say they are affiliated. You agree that CleverStep is not responsible for the accuracy of the content of the App and will not be liable for any damages incurred as a result of the submission or use of any such content.

No inappropriate material, spam or attacks: You agree not to upload, post or otherwise transmit any content (including but not limited to text, links, communications, software, images, sounds, data or other information) that contains:

Inappropriate content such as:

·         Including profanity in subject lines, signatures within messages or member names;

·         Posting any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable material of any kind;

·         Discussing illegal activity, or posting links to other Websites or Apps that deal with such activities;

·         Violating copyright or other intellectual property rights;

·         Posting or transmitting any information or software that contains a virus, Trojan horse, worm, cancelbots, time bombs, corrupted files, or other harmful or disruptive component; or

·         Posting a link that directs participants to any content or information that, if posted on the App, would constitute a violation of the Terms.

Spam such as:

·         Advertisements for other websites or apps and services, or other commercial solicitation;

·         Chain letters, pyramid schemes or securities offerings;

·         “Bombing” the App or individual threads with repetitive, pointless or irrelevant Postings;

·         Excessive cross-posting; or

·         Postings that are unrelated to the App.

Advertising, including:

·         Usingthe App to sell or market your products to others or posting a URL unless it directly answers a user’s question. If any portion of your Posting, including any posted URL, results in any accrual of compensation or benefit to you, you must note this in your post by stating, “I may receive compensation, financial or otherwise, from this recommendation or link.”;

·         Posting created solely to advertise a book, service, software or some other item for sale;

·         Any reference, including a link, to a commercial item that is not directly related to a relevant technical support question or answer; or

·         Signing your Postings with a link to a website or another app.

Attacks such as:

·         “Flaming” other members or any entities in a manner that might incite or perpetuate a conflict or argument, including attacks of any kind;

·         Creating usernames to attack other participants’ identities (i.e., choosing a name almost identical for purposes of impersonation, slamming on someone through your name choice) Impersonating other individuals or falsely representing your identity or qualifications;

·         Posts made under secondary usernames or other aliases for the purpose of either supporting or belittling others; or

·         Posts that breach any users’ privacy, e.g., contain personal or sensitive information such as name, address, phone, email address or other identifying information.

 

Materials Provided To Cleverstep Or Posted At The App

IF YOU DO NOT WANT TO GRANT TO CLEVERSTEP THE RIGHTS SET FORTH BELOW, DO NOT SEND YOUR POSTING TO THE APP.

CleverStep does not claim ownership of the materials you provide to CleverStep; however, by uploading, inputting, providing or submitting your Posting you are granting CleverStep, its affiliated companies and necessary sublicensees a perpetual, royalty-free, non-exclusive worldwide right and license to use your Posting in connection with the operation of their Internet business, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Posting; to publish your name in connection with your Posting; and the right to sublicense such rights.

No compensation will be paid with respect to the use of your Posting, as provided herein. CleverStep is under no obligation to post or use any Posting you may provide and CleverStep may remove any Posting at any time in its sole discretion.

By sending a Posting to the App you warrant and represent that you own or otherwise control all of the rights to your Posting as described in this Agreement including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Posting.

In addition to the warranty and representation set forth above, by sending a Posting to the App that contain images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by this Agreement, (b) you have the rights necessary to grant the licenses and sublicenses described in this Agreement, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in this Agreement, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By posting Images, you are granting (a) to all members of your private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use your Images in connection with the use, as permitted by this Agreement, of any of the CleverStep Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the CleverStep Services. The licenses granted in the preceding sentences for a Images will terminate at the time you completely remove such Images from the CleverStep Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.

 

Hyperlink Disclaimer

The CleverStep Services may contain links and/or advertisements to other websites or apps maintained by us in addition to links to websites or apps maintained by unrelated companies and persons. An advertisement of, or link to, a website or app not controlled by CleverStep does not mean that CleverStep approves, endorses or accepts any responsibility for such website or app as the case may be, its content or use, or the use of products and services made available through such website or app.

We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such websites or apps, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites or apps.

Such websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other websites which you may access through the CleverStep Services, the content thereof, or the products and/or services made available through such websites or apps. If you decide to navigate away from any of the CleverStep Services and access these other websites or apps, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites or apps will apply to you while on such websites or apps.

 

Links from other websites/apps

Any link to the CleverStep Services without our written permission is prohibited.  Persons providing access to the CleverStep Services via link from either another websiteor app are solely responsible for the content, accuracy, opinions expressed, privacy policies, products or services of, or available through, the source website and for any representations made or impressions created concerning CleverStep.

Authorization by us to link to either the Website or the App is given without assumption of any liability by us relating to such links, and we hereby disclaim any such liability. We reserve the right to withdraw any authorization to link to either this Websiteor App at any time and for any reason.

Anyone who provides access to, or information relating to this Website or the App, whether by link or otherwise, is responsible for bringing these Terms of Service to the attention of the person receiving such access or information. Failure to do so will not result in liability for us.

 

No Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE CLEVERSTEP SERVICES OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE “AS IS.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEBSITE AND ANY WEBSITE WITH WHICH IT IS LINKED. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THE CLEVERSTEP SERVICES, OR ANY WEBSITE OR APP WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. YOU ACCEPT THAT OUR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material presented in the CleverStep Services or any website or app with which it is linked.

Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

 

Indemnity and Release

You agree to indemnify and hold CleverStep and its affiliates, officers, agents or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of:  (i) content you submit, post, transmit, or make available through the CleverStep Services, including any claim that one of your postings caused damage to a third party; (ii) your use of the CleverStep Services;  (iii) your violation of these Terms of Service; or (iv) your violation of any rights of another including but not limited to another’s intellectual property right.

 

Exclusion of Liability

To the fullest extent permitted by applicable laws we, on behalf of our employees, agents, suppliers, and contractors exclude liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of the CleverStep Services or any app or website with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. Without limiting the foregoing, you specifically acknowledge that CleverStep is not liable for the defamatory, offensive, infringing, breaching, fraudulent, or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you. Messages created and posted by members through the App may contain links to other websites or apps. CleverStep is not responsible for the content, accuracy or opinions expressed on such websites or apps, and such websites or apps are in no way investigated, monitored or checked for accuracy or completeness by CleverStep. Inclusion of any linked website or app in the CleverStep Services does not imply approval or endorsement of the linked website or App by CleverStep. When you access these third-party websites or apps, you do so at your own risk.  CleverStep takes no responsibility for third party advertisements which are posted to the Website or the App.  CleverStep is not responsible for the conduct, whether online or offline, of any user of the App.  These limitations apply to any matter related to: the App; third party Internet websites or apps, programs or conduct; viruses or other disabling features; incompatibility between the CleverStep Services and other services, software, or hardware; and any delay or failure in initiating, conducting, or completing any transmission or transaction in connection with the CleverStep Services in an accurate or timely manner.

Notwithstanding anything to the contrary contained herein, CleverStep’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to CleverStep for the CleverStep Services.

 

Payment Terms

Any fees to register or access any of CleverStep Services shall be paid through third party payment systems utilized by CleverStep.  Any fees paid for the CleverStep Services are non-refundable, regardless of whether or not the Member actually uses the CleverStep Services. Users are responsible for paying all applicable taxes for the CleverStep Services and any other costs incurred in connection with the use of or access to the CleverStep Services.

 

Community Watch

We do ask that you help us keep the Apps honest, tolerant and considerate.  If you see anything violating these Terms, click the “Report Abuse” link button on the applicable Post and confidentially tell us about any offending messages or other violations of these Terms of Service. Repeat offenders will be contacted by e-mail and eventually banned from utilizing the CleverStep Services, at our sole and absolute discretion. If violations are egregious (wide-scale spamming, or of pornographic/inappropriate nature) we will contact the appropriate authorities.

 

Member Disputes

You are solely responsible for your interactions with other Members. CleverStep reserves the right, but has no obligation, to:  (i) monitor disputes between you and other Members; or (ii) take any actions CleverStep deems appropriate and/or necessary in order to settle any such disputes.
 
Termination

CleverStep reserves the right to immediately suspend or terminate these Terms of Use.  Additionally, CleverStep reserves the right in its sole and absolute discretion to immediately and without any prior notice, suspend or terminate either your registration with CleverStep or your ability to access the CleverStep Services on any of the following occurrences:  (i) any breach by you of these Terms of Use or our Privacy Policy or upon your demonstration of conduct that CleverStepdetermines to be inappropriate; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the CleverStep Services; (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the CleverStep Services.

In the event that your registration with CleverStep is terminated, you may be required to forfeit any credits, pre-paid fees, and any other amounts collected by CleverStep as part of your use and registration of the CleverStep Services.  CleverStep shall not be required to refund, redeem or pay any such amounts to you, and you shall remain liable to CleverStep for any charges, fees, commitments, and obligations incurred by you prior to such termination.  All records, information, messages, content and other information related to your registration and account may also be deleted by CleverStep in its sole discretion without any notice or liability to you. CleverStep shall not be liable to you or any third party for any termination of your account, any associated account related or identifying information, or access to the CleverStep Services.

 

Website - A Note About Minors

This Website is a business and commercial site. As such, it is not intended for children or minors.  In compliance with the Children's Online Privacy Protection Act of 1998, no one under 13 years of age can use the Website. If you are a minor between the ages of 13 and 18, you may use the Website only in conjunction with your parent, legal guardian, or other responsible adult.

 

Data Protection Consent

We respect your privacy and the use and protection of your non-public, personally identifiable information (“Personal Information”). By agreeing to these Terms of Service, you agree to the terms of our Privacy Policy which provides important information and disclosures relating to the collection and use of your Personal Information in connection with your use of the CleverStep Services.

Any communication or material you post or transmit to us over the Internet is, and will be treated as non-confidential and non-proprietary. Upon the transmission of any Personal Information to us, you expressly grant permission to us to disseminate and/or use such Personal Information for any lawful purpose.

Posting or transmittal of any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or violation of any law is strictly prohibited.

We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs.

Notwithstanding the foregoing, all Personal Information provided to us as a result of utilizing the CleverStep Services will be handled in accordance with our Privacy Policy.If you have any questions regarding CleverStep’s privacy practices, you may send your question to us by e-mail to marketing@cleverstep.com.

 

Infringement

If you believe that content found on the CleverStep Services violates your intellectual property rights, please notify CleverStep at marketing@cleverstep.comor CleverStep LLC, PO BOX 1370, Ridgewood, New Jersey, 07451, (201) 687-9234.  Provide all of the following in writing:  (i) identify the intellectual property that you claim has been infringed (or if multiple works of intellectual property, then a representative list of such works); (ii) identify the content of the Website that you claim is infringing with enough detail so that we may locate it; (iii) provide a statement by you that you have a good faith belief that the disputed content is not authorized by the intellectual property owner, its agent, or the law; (iv) provide a statement by you declaring that the notification is accurate, and, under penalty of perjury, that you are the exclusive owner of the intellectual property interest involved or that you are authorized to act on behalf of the exclusive owner; (v) provide information reasonably sufficient to permit CleverStep to contact you, such as an address, telephone number, and email address; (vi) and your physical or electronic signature.

Upon receipt of notice as described above, CleverStep will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the either Website or the App.

 

Modification and Discontinuation

We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently the CleverStep Services (or any portion thereof) and/or the information, materials, products and/or services available through the CleverStep Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the CleverStep Services.

 

Entire Understanding

These Terms of Service contain the entire understanding between you and us with respect to the CleverStep Services and no representation, statement, inducement oral or written, not contained herein shall bind any party to this agreement. Should any part of these terms for any reason be declared invalid by a court of competent jurisdiction, such determination shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of these terms had been eliminated. Our failure to enforce any provision of these Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision.

 

Law & Jurisdiction

These Terms of Service are made under U.S. law and the CleverStep Services are operated from Ringwood, New Jersey. Access to, or use of, the CleverStep Services or information, materials, products and/or services on the CleverStep Services may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this Website. We make no representation that the information contained herein is appropriate or available for use in any location.

You agree that the courts of Passaic County, New Jersey shall have exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out of or relating to use of this Website, and that the laws of the State of New Jersey shall govern such dispute or claim. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.

 

Contacting Us

If you have any questions regarding these Terms of Service or any other matter, you may contact us in by writing to us at CleverStep LLC, PO BOX 1370, Ridgewood, New Jersey, 07451, (201) 687-9234 or e-mailing us at marketing@cleverstep.com.