Terms of Service
Updated December 27, 2023
Please read this Terms of Service ("Terms," "Terms of Service") carefully before using the https://fieldsim.com, https://training.fieldsim.com, or https://firealarm.training Websites ("Websites") operated by Field Sim LLC, a limited liability corporation formed in Texas, United States (“Field Sim,” "us," "we," "our") as this Terms of Service contains important information regarding limitations of our liability. Your access to and use of these Websites 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 Websites.
By accessing or using our Websites, you 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 Websites.
CONTENT ON OUR WEBSITES
The content on our Websites 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”).
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 this limitation, you may use the Content only as expressly permitted in these license terms. In doing so, you must comply with any technical limitations on our Websites that only allow you to use the Content in certain ways. In addition, you may not:
- access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any Content except: (a) as expressly authorized by Field Sim; or (b) 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 Websites (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Websites or Content;
- publish, rent or lease the Content; or
- share the Content except for live in-person group training where every person in attendance has a current valid license for the Content; or
- 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; or
- transfer the Content or this agreement to any third party.
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. The following payment method(s) are accepted by the third party payment processor: American Express, MasterCard, Visa, and Discover.
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.
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.
REFUND POLICY
Full refunds are offered in the event of technical issues that make it difficult or impossible to complete the training. Refunds must be requested within 120 days of purchase. To request a refund, use the Questions & Comments link at the bottom of every page 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 courses that have been completed.
NO WARRANTY
THESE WEBSITES AND THE ITEMS OR SERVICES DISPLAYED OR SOLD ON THESE WEBSITES 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 WEBSITES 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.
AVAILABILITY, ERRORS AND INACCURACIES
We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on these Websites. We may experience delays in updating information on these Websites and in our advertising on other Websites. The information, products and services found on our Websites 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 on these Websites does not constitute an endorsement or recommendation of such product or service by us.
REMEDIES
You agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be to reject the goods, services or digital products. You also agree that the remedy for breach of this 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 this Terms of Service as it relates to your purchase.
SUBSCRIPTIONS
These Websites 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.
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.
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.
We reserve the right to terminate your account anytime at our sole discretion.
You can terminate your account by contacting us.
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.
GOOGLE RECAPTCHA
Field Sim uses 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 Use.
PROHIBITED USES
You agree that you will use these Websites 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 Websites. You agree that you will not perform any of the following prohibited uses:
- 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;
- Impersonating or attempting to impersonate Field Sim or its employees, representatives, subsidiaries or divisions;
- Misrepresenting your identity or affiliation with any person or entity;
- Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
- Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Websites, or which, as determined in our sole discretion, may harm us or the users of this Websites or expose us or other users to liability;
- Using the Websites in any manner that could disable, overburden, damage or impair the Websites or interfere with another party’s use of the Websites;
- Using any robot, spider or other similar automatic technology, process or means to access or use the Websites for any purpose, including monitoring or copying any of the material on this Websites;
- Using any manual process or means to monitor or copy any of the material on this Websites or for any other unauthorized purpose;
- Using any device, software, means or routine that interferes with the proper working of the Websites, 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 Websites, the server(s) on which the Websites is stored, or any server, computer or database connected to the Websites;
- 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 Websites;
- Using the Websites in any way that violates any applicable federal, state or local laws, rules or regulations.
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.
PROMOTIONAL CONSIDERATION
Field Sim may receive promotional products or consideration from third parties. In exchange for receiving promotional products or consideration, our Websites 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.
LINKS TO THIRD PARTY WEBSITES
These Websites 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 this Websites 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.
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 WEBSITES OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THESE WEBSITES, INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON OPINIONS OR INFORMATION APPEARING ON THESE WEBSITES; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITESS OPERATED BY THIRD PARTIES, PRODUCTS OR SERVICES OBTAINED THROUGH THESE WEBSITES, 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 USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF FIELD SIM. THE AGGREGATE LIABILITY OF FIELD SIM ARISING OUT OF OR RELATING TO THESE WEBSITES, 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.
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 Websites, Content and other materials on these Websites 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:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
- 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;
- Your name, email, address and telephone number; and
- 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
Attn: Legal Notices
[email protected]
512-572-0302
3801 N Capital of Texas Hwy
Suite E240-704
Austin, TX 78746
UNITED STATES
GOVERNING LAW, SEVERABILITY, DISPUTE RESOLUTION AND VENUE
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.
YOU AND FIELD SIM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.
CHANGES TO TERMS OF SERVICE
We reserve the right to make changes to these Terms of Service at any time. We will notify you immediately of making any changes to these Terms of Service by posting the updated terms of service to this application.
QUESTIONS
If you have any questions about our Terms of Service, please contact us at [email protected].