Terms of Service

Updated November 7, 2024

Please read these Terms of Service ("Terms," "Terms of Service") carefully before using any products (“Products”) developed, delivered, or operated by Field Sim LLC, a limited liability corporation formed in Texas, United States (“Field Sim,” "us," "we," "our") as these Terms of Service contains important information regarding limitations of our liability.

Products include, but are not limited to:

• The https://fieldsim.com, https://training.fieldsim.com, or https://firealarm.training websites ("Websites");
• Training courses delivered in person, via telephone, via videoconferencing, or online (“Training”), including courses that are delivered via Field Sim Websites and courses that are delivered via third-party websites (such as a course delivered through a third-party website is online training accessed through a non-Field Sim learning management system, e.g., via SCORM);
• Digital resources and downloads (“Training Aids”) such as spreadsheets, online calculators, PDF downloads, images, and applications that are used on a computer or smartphone;
• Reports, analyses, articles, columns, social media posts, opinions, and other writings (“Writings”);
• Drawings, specifications, and calculations (“Engineering Products”).

Your access to and use of these Products is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use our Products.

By accessing or using our Products, you (including employees of our enterprise customers) agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use our Products.

Important Notice: When you purchase access to our Content, you are acquiring a limited, non-transferable license to use the Content as specified in these Terms. You do not obtain any ownership rights in the Content.

You are expressly prohibited from using any part of our Products, including but not limited to Content, data, or materials, for the purpose of training, testing, or enhancing any machine learning algorithms or artificial intelligence systems without our prior written consent.

I. Product Content

The content in and on our Products includes videos, audio (such as narration, recordings, and other sounds), graphics, photos, text (such as notes, transcriptions, quizzes, and exams), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials whether provided by you, Field Sim or a third-party (collectively, "Content”).

II. Content License

Our Content is licensed, not sold. These license terms only give you some rights to use the Content. Field Sim reserves all other rights. Unless applicable law gives you more rights despite these limitations, you may use the Content only as expressly permitted in these license terms. In doing so, you must comply with any technical limitations in our Products that only allow you to use the Content in certain ways. You may not:

• Access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify, or otherwise use any Content except as expressly authorized by Field Sim or with prior written permission from Field Sim and, if applicable, the respective rights holders;
• Circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Products (or attempt to do any of these things), including security-related features or features that prevent or restrict the copying or other use of Content or limit the use of the Products or Content;
• Publish, rent, or lease the Content;
• Share the Content except for live in-person group training where every person in attendance has a current valid license for the Content;
• Provide the Content as a stand-alone offering or combine it with any other content for others to use except for live in-person group training where every person in attendance has a current valid license for the Content;
• Transfer the Content or this agreement to any third party.

III. Purchases

When you make a purchase on our Websites, your payment will be processed by Stripe. We are not responsible for the collection, use, sharing or security of your billing information by this third party payment processor.

You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third party payment processor(s) is true, correct, and complete.

IV. Cancellation Policy

You may cancel the automatic renewals of your subscription(s) using the cancellation button on the Order History page under My Account. You will continue to have access to the items or services provided by the subscription until the end of the subscription term. No refunds will be issued for subscriptions that you cancel.

We reserve the right to cancel your purchase for any reason, in our sole discretion, including but not limited to fraud, inaccuracies, and unavailability of the items or services purchased. We will let you know immediately if we plan on cancelling your purchase. If we cancel your purchase, we will not be obligated to issue any refunds, but we may choose to do so in our sole discretion.

V. Refund Policy

Full refunds for Products purchased via our Websites are offered in the event of technical issues that make it difficult or impossible to use the Products. Refunds must be requested within 120 days of purchase. To request a refund, use the “Submit Questions or Comments” link on our Websites or send an email to [email protected]. The email address you use to request a refund must match the email address of the account for which you are requesting the refund.

No refunds will be issued for Products that have already been used (such as courses that have been completed).

VI. No Warranty

THESE PRODUCTS ARE PROVIDED “AS IS.” NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO THESE PRODUCTS OR ANY ITEMS OR SERVICES DISPLAYED OR SOLD ON THESE WEBSITES, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

VII. Availability, Errors, and Inaccuracies

We assume no liability for the availability, errors or inaccuracies of the information, products, or services provided in these Products. We may experience delays in updating information in these Products and in our advertising on other websites. The information in our Products may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Websites. The inclusion or offering of any product or service in these Products does not constitute an endorsement or recommendation of such product or service by us.

VIII. Remedies

You agree that the remedy for breach of these Terms of Service as it relates to your purchase shall be to reject the goods, services, or Products. You also agree that the remedy for breach of these Terms of Service as it relates to your purchase shall be to pursue dispute resolution as provided in the “Governing Law, Severability, Dispute Resolution, Venue and Class Action Waiver” section below. These remedies are intended to be your sole and exclusive remedies for any breach of these Terms of Service as it relates to your purchase.

IX. Subscriptions

Our Websites may feature products or services that are offered via a subscription model. A subscription model requires regular payments to receive a product or service. There is no minimum purchase required to qualify for the subscription.

X. Automatic Renewals of Recurring Subscriptions

Any subscriptions you purchase will remain in effect for the initial subscription period, and thereafter will automatically renew on a year-to-year basis at the then-current list price, unless you renew the subscription for a new subscription term or terminate and cancel it. We will automatically renew your subscription by using the payment method on file.

XI. Accounts

When you create an account on our Websites, you guarantee that you are 18 years of age or older and that the information that you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on our Websites.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Websites or a third party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You agree that the password you use on our Websites will not be used on any other websites or with any other account and that you will keep your password confidential.

We reserve the right to terminate your account anytime at our sole discretion.

You can terminate your account by contacting us.

XII. Comments And Uploading Content

By submitting a comment or uploading content onto these Websites, you grant Field Sim a worldwide, non-exclusive, perpetual, royalty-free license to reproduce, publish and distribute the comment or content. When you make a comment or upload any content onto these Websites, you agree that such comment or content may be viewed by other parties and it is your responsibility to ensure that the comment or content does not contain any confidential or proprietary information. You are also responsible for ensuring that your content or comment does not violate any laws, rules, or regulations. We reserve the right to remove any content or comment at any time in our sole discretion.

XIII. Google reCAPTCHA

We use reCAPTCHA v3 to make sure you're a real person. By submitting your information, you are subject to the Google Privacy Policy and Terms of Service.

XIV. hCaptcha

We use hCaptcha to make sure you're a real person. By submitting your information, you are subject to the hCaptcha Privacy Policy and Terms of Use.

XV. Prohibited uses

You agree that you will use these Products in accordance with all applicable laws, rules, regulations, and these Terms at all times. The following is a non-exhaustive list of prohibited uses of these Products. You agree that you will not perform any of the following prohibited uses:

1. Broadcasting, distributing, or sharing training materials and/or resources with individuals who do not have an active paid subscription that permits them access to the same training materials and/or resources;
2. Using any Content, data, or materials from our Products for the purposes of machine learning, artificial intelligence training, data mining, or any form of data extraction for AI development without our express written consent;
3. Impersonating or attempting to impersonate Field Sim or its employees, representatives, subsidiaries, or divisions;
4. Misrepresenting your identity or affiliation with any person or entity;
5. Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
6. Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Products, or which, as determined in our sole discretion, may harm us or the users of these Products or expose us or other users to liability;
7. Using the Products in any manner that could disable, overburden, damage or impair the Products or interfere with another party’s use of the Products;
8. Using any robot, spider or other similar automatic technology, process or means to access or use the Products for any purpose, including monitoring or copying any of the material in our Products;
9. Using any manual process or means to monitor or copy any of the material in our Products or for any other unauthorized purpose;

• Using any device, software, means or routine that interferes with the proper working of the Products, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
• Attempting to gain unauthorized access to, interfering with, damaging, or disrupting any parts of the Products, the server(s) on which the Products are stored, or any server, computer or database connected to the Products;
• Attempting to attack or attacking the Websites via a denial-of-service attack or a distributed denial-of-service attack;
• Otherwise attempting to interfere with the proper working of the Products;
• Using the Products in any way that violates any applicable federal, state, or local laws, rules, or regulations.

XVI. Penalty for Violation

We may revoke your subscription(s) if in our sole discretion we determine that you have violated these Terms of Service. If we revoke your subscription(s) for violating these Terms of Service, you will not be entitled to any refunds from us. We reserve the right to pursue all remedies available under the law.

XVII. Promotional Consideration

We may receive promotional products or consideration from third parties. In exchange for receiving promotional products or consideration, our Products may feature or otherwise utilize certain products and services. This includes having products or services visible in videos. Field Sim may provide information about third party products, including links to external websites that offer products for purchase. Field Sim does not endorse third party products or services.

XVIII. Links to Third Party Websites

Our Products may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from our Products or other websites or applications, is free of such items as viruses, worms, trojan horses, defects, and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

XIX. Damages And Limitation of Liability

IN NO EVENT SHALL FIELD SIM BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF OR USE OF THESE PRODUCTS OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THESE PRODUCTS, INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON OPINIONS OR INFORMATION APPEARING IN THESE PRODUCTS; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITESS OPERATED BY THIRD PARTIES, PRODUCTS OR SERVICES OBTAINED THROUGH THESE PRODUCTS, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES OR OTHERWISE, EVEN IF FIELD SIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN YOU AND US. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF SERVICE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF SERVICE INURE TO THE BENEFIT OF FIELD SIM. THE AGGREGATE LIABILITY OF FIELD SIM ARISING OUT OF OR RELATING TO THESE PRODUCTS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT OF FEES ACTUALLY RECEIVED BY FIELD SIM FROM YOU.

XX. Indemnification

You agree to hold harmless, indemnify, and defend Field Sim, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Products, your use or provision of any services made through the Websites, your reliance upon advice provided through the Products, your submission of User Generated Content to the Websites, your violation of any term or condition of these Terms of Service, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.

Your obligation to defend Field Sim under these Terms will not provide you with the right to control our defense, and Field Sim reserves the right to control its defense and choose its counsel regardless of your contractual requirement to indemnify Field Sim.

XXI. Intellectual Property and DMCA Notice and Procedure for Intellectual Property Infringement Claims

All Content are copyright © 2021 - 2024 Field Sim or third parties. All rights reserved. Unless specified otherwise, these Products, Websites, Content, and other materials in these Products are the proprietary property of Field Sim and are either registered trademarks, trademarks or otherwise protected intellectual property of Field Sim or third parties in the United States and/or other countries.

If you are aware of a potential infringement of our intellectual property, please contact us at [email protected].

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on our Websites infringes on the copyright, trademark or other intellectual property rights of any person or entity.

If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights - DMCA.” Your notice to us must include the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
2. A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
3. Your name, email, address, and telephone number; and
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent, or the law.

Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on these Websites.

You may submit your claim to us by contacting us at:

Field Sim LLC
5900 Balcones Dr Suite 20721
Austin, TX 78731

[email protected]

XXII. Governing Law, Severability, Dispute Resolution, Venue, and Class Action Waiver

These Terms shall be governed and construed in accordance with the laws of the state of Texas, United States, without regard to its conflict of laws provisions. THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS, THE UNIFORM COMMERCIAL CODE, NOR INCOTERMS.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Websites, and supersede and replace any prior agreements we might have had with you regarding our Websites.

Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Travis County, Texas.

FIELD SIM AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PRODUCTS OR WEBSITES OR ANY PRODUCTS OR SERVICES PURCHASED OR ACQUIRED THROUGH THE WEBSITES MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.

YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST FIELD SIM ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

XXIII. Compliance with Florida Telemarketing Laws

We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to the Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.

XXIV. Changes to Terms of Service

We reserve the right to amend these Terms of Service at any time. We will notify you immediately by posting the updated Terms of Service on this page. All changes are effective immediately after they are posted on this page. You are advised to review this page periodically for any changes.

XXV. Questions

If you have any questions about our Terms of Service, please use the “Submit Questions or Comments” link on our Websites or send an email to [email protected].

XXVI. Separate Agreements

You may have other agreements with Field Sim, such as enterprise contracts. These agreements are separate and in addition to these Terms. These Terms govern your use of the Products and do not modify, revise, or amend the terms of any other agreements you may have with Field Sim. In the event of any conflict between these Terms and any other agreement (such as an enterprise contract), these Terms shall govern with respect to your use of the Products, unless expressly stated otherwise in a written agreement signed by an authorized representative of Field Sim.