Thank you for visiting FieldGuide. We strive to provide valuable continuing legal education services to our users. These Terms of Service (the “Agreement”) describe how FieldGuide, Inc. (“FieldGuide,” “we,” “us,” and “our”) is committed to ensuring quality user experiences and protecting user privacy when using the FieldGuide Website (yourfieldguide.com) and any related application ("App"). Please read the terms of this Agreement carefully. By using the Website and App, you agree to the terms provided below.
FieldGuide’s Website and App platforms provide continuing legal education (CLE) services (“Services”) to you and other users. Our Services are for educational purposes only. You understand and agree that FieldGuide is not providing you with legal advice. And you understand and agree that FieldGuide is not a party to any business, contracts, alternative dispute resolution, or litigation you enter into based on the information you learn through our Services.
We reserve the right to modify this Agreement. Any modifications will be effective upon posting an updated version of this Agreement at https://www.yourfieldguide.com/pages/terms-of-service. You are responsible for regularly reviewing this Agreement, and your continued use of the Website, App, or Services that we provide after any changes have been made will constitute your consent to such changes. You can reject any new, revised, or additional terms by discontinuing use of our Services, Website, and App.
4. FieldGuide Account
To access and make use of our Services, you may be required to register and create a personal account (an “account”) with FieldGuide. When you create an account, we ask you to provide personal information, including your email address, phone number, and name. By creating an account, you agree to provide accurate, current, and complete information about yourself as prompted. When creating an account, you will be required to select a username and password that will be used to access your account via the FieldGuide Website or App. You are solely responsible for protecting your password.
5. Prohibited Activities
We reserve the right to investigate and terminate your account if you misuse our Services or behave in any way which could be regarded as inappropriate or is unlawful. Such actions include, but are not limited to:
5.1. Attempting to decompile, disassemble, or reverse engineer any of the software used to provide our Services;
5.2. Violating any privacy laws;
5.3. Transmitting any material that contains software viruses or any other computer code, files, or programs, designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
5.4. Breaching or attempting to breach our security measures, or penetrating or attempting to penetrate our computer software, hardware, electronic communication system, or telecommunications systems to access stored data;
5.5. Transmitting any material that is unlawful, libelous, defamatory, obscene, pornographic, abusive, or threatening, or which threatens or encourages illegal activities, or which harms the rights of others;
5.6. Advocating or encouraging conduct that could constitute a criminal offense, gives rise to civil liability, or otherwise violates any applicable law or regulation;
5.7. Using any portion of the Website or App to build a business, solicit funds or services, or create or market any commercial use of derivative works or materials;
5.8. Removing, altering, interfering with, or circumventing any (a) copyright, trademark, or other proprietary notices on the Website or App, or (b) any advertisement on the Website or App;
5.9. Reproducing, distributing, or modifying any content provided by the Website or App without our express consent;
5.10. Using any software robots, spider, crawlers, or other data gathering or extraction tools, whether automated or manual, to mine or aggregate data from the Website or App; or
5.11. Taking any action that may impose an unreasonable burden or load on the Website or its servers and infrastructures. Any violation of system or network security may subject you to civil liability, criminal liability, or both. We intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.
6. Ownership of Intellectual Property
We retain all right, title, and interest in our Services, including without limitation, all intellectual property, software, ideas, logos, copyrights, trademarks, or other information provided by you or any other party relating to the Website or App. This Agreement does not grant you any intellectual property rights in our Services or any component part of the Services.
7. Security & Disruption Disclaimer
7.1. Except for the express representations and warranties provided in this Agreement, FieldGuide’s Services are provided “as is” and may be discontinued in whole or in part at any time. FieldGuide disclaims all warranties, either express or implied, including without limitation any warranty as to the accuracy of any information presented on the Website or App, and any implied warranties of merchantability, fitness for a particular purpose, or noninfringement of intellectual property rights, to the fullest extent permitted by applicable law.
7.2. Without limiting the general nature of Section 7.1:
7.2.1. FieldGuide has no obligation to indemnify or defend you against claims related to infringement of intellectual property rights;
7.2.2. Although we make reasonable information security protections, no system can perfectly guard against risks of intentional intrusion or inadvertent disclosure of information. You expressly assume the sole risk of any unauthorized disclosure or intentional intrusion, or of any delay, failure, interruption, or corruption of data or other information transmitted in connection with the use of our Services;
7.2.3. Although we make our best effort, we do not warrant that the Website or App will perform without error or immaterial interruption;
7.2.4. Although we make our best effort to keep the Website and App free of any viruses or other harmful components, we cannot make any guarantees, we do not warrant that the Website and App will be free of viruses or other harmful components;
7.2.5. We are not responsible for any delays, failures, or other damages that result from issues with our Services.
You acknowledge and agree to assume the entire risk associated with your use of our Services.
You agree to fully indemnify us, our employees, directors, officers, and affiliates, from any claims or damages resulting from your breach of this agreement or your use or misuse of the our Services, including, without limitation, attorneys’ fees and costs incurred by us.
9.1. Streamlined JAMS Arbitration. Except as provided in Section 9.1.1 and 9.1.2, any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity this Agreement, including the determination of the scope or applicability of this agreement to arbitrate will be determined by arbitration in Seattle, Washington. The arbitration will be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction.
9.1.1. Injunction to protect against irreparable harm. The parties may seek from a court of competent jurisdiction a temporary injunction to protect against irreparable harm. The injunction will terminate on the date the arbitrator decides the outcome of the dispute, except as modified by the arbitrator’s decision as provided in Section 9.7.
9.1.2. Provisional remedies in aid of arbitration. The parties may seek from a court of competent jurisdiction provisional remedies in aid of arbitration.
9.2. Selection of Arbitrator. The dispute will be heard by one arbitrator. If possible, the parties will agree to a JAMS arbitrator. If the parties cannot agree on an arbitrator, the case manager at Seattle’s JAMS office will select and appoint an arbitrator for the parties.
9.3. Hearing and Disclosure Dates. The arbitration hearing will be held no later than 60 days from the date of the Demand for Arbitration. The parties are required to fully disclose and produce all documents and other evidence to be used in support of their case 30 days before the hearing. Failure to disclose and produce documents during this time frame will render them inadmissible.
9.4. Confidential Proceedings. The parties will maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
9.5. Non-Appealable Determination. The arbitrator will reach his or her decision within 24 hours from the conclusion of the hearing, and the arbitrator’s decision will be final, binding, and non-appealable.
9.6. Exchange of Written Settlement Offers. At least 30 days in advance of the hearing, for each claim each party to the claim will submit to each other and to the arbitrator their first written settlement offers. At least 14 days in advance of the hearing, for each claim each party to the claim will submit to each other and to the arbitrator their second written settlement offers. If at any point only one party timely submits their offer, that party will be awarded the submitted offer.
9.7. Baseball Style Arbitration. At least seven days in advance of the hearing, for each claim each party to the claim will submit to the arbitrator their last, best offers. If only one party timely submits their offer, that party will be awarded the submitted offer. Once the arbitrator has an offer from each party to the claim, the arbitrator will distribute the offers to the parties. The arbitrator will be limited to awarding only one of the offers submitted. This method of arbitration is sometimes referred to as “baseball arbitration.”
9.8. Attorney’s Fees. The party whose offer is accepted by the arbitrator will be awarded the costs and attorney’s fees reasonably incurred in connection with the claim.
10.1. Notices. We may send notices pursuant to this Agreement to you via your e-mail address listed on your account, and such notices will be deemed received by you three days after they are sent. You may send notices pursuant to this Agreement to us at email@example.com, or by certified mail to 146 N Canal Street, Suite 350, Seattle WA 98103, and such notices will be deemed received by us three days after they are sent.
10.2. No Waiver. Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than by explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any prior or subsequent breach of this Agreement.
10.3. Assignment & Successors. Neither party may assign this Agreement or its right or obligations under this Agreement, except we reserve the right to assign this Agreement or any of our rights or obligations under this agreement without your consent as part of a merger, acquisition, or any other change of control of the company. This Agreement will be binding upon and inure to the benefit of the respective successors and assigns of the parties.
10.4. Choice of Law. This Agreement will be governed solely by the internal laws of the State of Washington, without reference to any conflicts of law principles.
10.5. Severability. This Agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this agreement is held to be invalid or unenforceable to any extent, then (a) the provision will be interpreted, construed, or reformed to the extent reasonably required to render the provision valid, enforceable, and consistent with the original intent underlying such provision; (b) the provision will remain in effect to the extent that it is not invalid or unenforceable; and (c) the invalidity or unenforceability of the provision will not affect any other portion of this Agreement.
10.6. Entire Agreement. This Agreement is the entire agreement of the parties and supersedes all prior agreements as to the use of our Services.
11. Representations & Responsibilities
11.1. You understand and agree that your access to our Website, App, and Services is subject to this Agreement;
11.2. You warrant that you have accurately identified yourself through your account and will maintain the accuracy of such identification;
11.3. You understand and agree that the Services are for personal use only;
11.4. You understand that failure to comply with the terms and conditions of this Agreement may result in the termination of your access to the Services;
11.5. You agree that you are responsible for protecting your password to your FieldGuide account;
11.6. You agree that you will not share your Account with anyone or allow others to access your account; and
11.7 You understand that if you use third-party password storing features, using such features may weaken your account security.
If you have any questions or concerns regarding any of the terms of this Agreement, please feel free to contact us at firstname.lastname@example.org.
146 N Canal Street, Suite 350
Seattle, Washington 98103
Last updated: December 5, 2018