Terms of Service

FIELD FOCUS SOFTWARE LICENSE AGREEMENT

IMPORTANT-READ THIS FIELD FOCUS SOFTWARE AS A SERVICE AGREEMENT (THIS “AGREEMENT”) CAREFULLY BEFORE CONTINUING REGISTRATION. BY CLICKING THE “I ACCEPT” BUTTON OR OTHERWISE ACCEPTING THIS AGREEMENT THROUGH AN ORDERING DOCUMENT THAT INCORPORATES THIS AGREEMENT (THE “ORDERING DOCUMENT”), YOU AGREE TO FOLLOW AND BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND, IN SUCH EVENT, “YOU” AND “YOUR” AS USED IN THIS AGREEMENT SHALL REFER TO SUCH ENTITY, IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, YOU MUST SELECT THE “I DECLINE” BUTTON AND MAY NOT USE THE SERVICES.

  • Definitions.
    • The term “Software” means the Field Focus programs hosted on a third party web site to which Field Focus grants you access, and also includes the Field Focus mobile application installed on mobile devices owned by you or your authorized users.
    • The term “authorized users” means those individuals authorized by you or on your behalf to use the services.
    • The term “your data” refers to the data entered by you via the Software, that resides in your services environment on our third party Hosting Site.
  • Grant of Web-based License.
    • Field Focus hereby grants you, and you accept, a nonexclusive, non-assignable, royalty free, worldwide limited right to access the Field Focus programs via the Internet, using the Field Focus mobile app, solely for your internal business operations and subject to the terms of this agreement.
    • Field Focus will use its reasonable efforts to provide you with access to the Software via the Internet from the hosting facility that Field Focus leases from a third-party hosting vendor (the “Hosting Site”) on a 24×7 basis (excludes scheduled downtime) except for scheduled system back up or other on going maintenance.
    • This license is limited to the number of authorized users and records for which you have placed order and paid.. You agree to be responsible for the actions of your authorized users, and for guarding the security of the user IDs and passwords issued to you.
    • The term of the license is begins on the date you place your order and ends after the number of months that you have purchased expires. At the end of the term, you agree to cease your use of the Software. You can export your data in .csv form. We will keep it for thirty (30) days, after that we will not be responsible for it.
    • Access and use of the Field Focus programs will be web-based only. The Field Focus programs will not be provided to you in CD-ROM or other form and will not be installed on any servers or other computer equipment owned or otherwise controlled by you. Instead, you will access the Field Focus programs hosted at the Hosting Site through the use of the Field Focus mobile applications via the Internet.
    • This license is solely for your own internal use.
    • THE SAFTEY KICK PROGRAMS AND MOBILE APPS ARE OFFERED AS IS, NO WARRANTY. You agree not to use the software for production purposes. You should back up all data, and should not rely on this Software as your sole means of preparing required safety reports.
  • Ownership of Your Data; Use by Field Focus. You retain all ownership and intellectual property rights in and to your data. Field Focus shall have the right to use your data for aggregate reporting, in accordance with the Field Focus privacy policy in effect from time to time. Field Focus or its licensors retain all ownership and intellectual property rights to the services and Field Focus programs.
  • License Restrictions. You shall not:
    • remove or modify any program markings or any notice of Field Focus’s or its licensors’ proprietary rights;
    • make the programs or materials resulting from the Software available in any manner to any third party for use in the third party’s business operations;
    • modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Software (the foregoing prohibition includes but is not limited to review of data structures or similar materials produced by programs), or access or use the Software in order to build or support, and/or assist a third party in building or supporting, products or services competitive to Field Focus;
    • disclose results of any services or program benchmark tests without Field Focus’s prior written consent;
    • license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the Software or materials available, to any third party other than as expressly permitted under the terms of this agreement;
    • except as expressly provided herein, copy, reproduce, distribute, republish, download, display, post or transmit any part of the Software, in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means; and
    • you agree to make every reasonable effort to prevent unauthorized third parties from accessing the services.
  • DISCLAIMERS OF WARRANTY AND REMEDY.
    • YOU RECOGNIZE THAT ALL PRODUCT AND OTHER ITEMS PROVIDED TO YOU HEREUNDER ARE DELIVERED AS IS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND SERVICES.
    • NO WARRANTIES ARE GIVEN, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF SUITABILITY, FITNESS FOR PARTICULAR PURPOSE OR MERCHANTABILITY OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, OR COMPLIANCE WITH LAW OR REGULATORY REQUIREMENTS.
    • IN NO EVENT WILL FIELD FOCUS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LIABILITY IN TORT, NEGLIGENCE OR ANY OTHER LIABILITY INCURRED BY OR UNDER OR IN CONNECTION WITH THIS AGREEMENT.
    • WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SAFTEY KICK DOES NOT WARRANT THAT THE USE OF THE SOFTWARE OR ANY INFORMATION CONTAINED IN OR RELATED TO THE SOFTWARE OR SERVICES WILL NOT INFRINGE ANY PATENT, COPYRIGHT, OR TRADEMARK OF ANY THIRD PERSON.
    • FIELD FOCUS DOES NOT GUARANTEE THAT THE PERFORMANCE OF THE SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT FIELD FOCUS WILL CORRECT ALL SERVICES ERRORS, OR THAT THERE WILL BE NO SECURITY BREACHES.
    • YOU ACKNOWLEDGE THAT FIELD FOCUS DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING MOBILE COMMUNICATIONS DEVICES AND NETWORKS OR THE INTERNET, AND THAT THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, SECURITY BREACHES, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. FIELD FOCUS IS NOT RESPONSIBLE FOR ANY DELAYS, SECURITY BREACHES, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
    • LIMITATION OF LIABILITY.
      • IN NO EVENT SHALL FIELD FOCUS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE OR PROFITS DATA, SECURITY BREACHES, DATA LOSS, OR DATA USE.
      • FIELD FOCUS’S MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS SOFTWARE AS A SERVICE AGREEMENT OR YOUR ORDER, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL IN NO EVENT EXCEED, IN THE AGGREGATE FIFTY DOLLARS ($50.00).
  • Nondisclosure. Field Focus will not intentionally disclose your data to others. Field Focus uses third party hosting sites and will not be responsible for security breaches or other actions or omissions of those hosting sites and service providers, the App store, mobile communications networks providers, internet service providers, or any other third party. Nothing shall prevent either party from disclosing confidential information to a governmental entity if such party determines, in its discretion, that such disclosure is required by law.
  • Field Focus may use Aggregate Data.. Field Focus may use aggregate information gleaned from you data for marketing and other purposes, but shall not identify you as the source of that data. As an example of this, Field Focus may use the data from several customers in the aggregate to report all aggregate number of incidents within a geographical area, and may market that information to others.
  • General.
    • You agree that this agreement (including the information which is incorporated into the agreement by written reference (including reference to information contained in a URL or referenced policy), is the complete agreement for the Software ordered by you, and that the agreement supersedes all prior or contemporaneous agreements or representations, written or oral, regarding such services.
    • If any term of the agreement is found to be invalid or unenforceable, the remaining provisions will remain effective and such term shall be replaced with a term consistent with the purpose and intent of the agreement.
    • It is expressly agreed that the terms of this Agreement shall supersede the terms in any purchase order or other non- Field Focus document and no terms included in any such purchase order or other non- Field Focus document shall apply to the Software ordered.
    • The agreement may not be modified and the rights and restrictions may not be altered or waived except in a writing signed by authorized representatives of you and of Field Focus.
    • Field Focus is an independent contractor and you and Field Focus agree that no partnership, joint venture, or agency relationship exists between us. We each will be responsible for paying our own employees, including employment related taxes and insurance.
    • THE AGREEMENT IS GOVEREND BY THE SUBSTANTIVE AND PROCEDURAL LAWS OF TEXAS AND YOU AND FIELD FOCUS AGREE TO SUBMIT TO THE EXCLUSIVE JURISDIDCITON OF, AND VENUE IN, THE COURTS IN TRAVIS COUNTY, TEXAS IN ANY DISPUTE ARISING OUR OF OR RELATING TO THE AGREEMENT.
    • You may not assign the agreement or give or transfer the Software or an interest in them to another individual or entity. If you grant a security interest in any portion of the Software, the secured party has no right to use or transfer the Software or any deliverables.
    • Neither of us shall be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions (including the denial or cancellation of any export or other license); other event outside the reasonable control of the obligated party. We both will use reasonable efforts to mitigate the effect of a force majeure event. If such event continues for more than 30 days, either of us may cancel unperformed services upon written notice.