THESE FLDWRK WEBSITE TERMS OF SERVICE (“TERMS”) ARE A BINDING AGREEMENT BETWEEN WAYFARE GLOBAL, INC. DBA FLDWRK ("FLDWRK") AND YOU AND, IF APPLICABLE, THE COMPANY OR LEGAL ENTITY THAT YOU REPRESENT (COLLECTIVELY “YOU”).
YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS. IF YOU ARE ENTERING INTO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU ARE AUTHORIZED TO BIND THAT LEGAL ENTITY TO THESE TERMS. IF YOU DO NOT HAVE SUCH AUTHORITY OR DID NOT WISH TO BE BOUND TO THE TERMS OF THESE TERMS, DO NOT USE THE SERVICE. YOUR USE OF THE SERVICE SHALL CONSTITUTE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THESE TERMS.
- Terms of Service. In exchange for your acceptance of the terms and conditions of these Terms, FLDWRK will provide the services described on the FLDWRK Website (the “Services”). The Services shall be provided at the fee (the “Services Fee”) set forth on the Services registration page (the “Registration Page”) found on this FLDWRK Website (https://https://fldwrk.io; the “Site”). The Services Fee (and all applicable sales, use, excise or value-added taxes) shall be paid by you pursuant to the payment terms set forth on the Registration Page. If you fail to pay the Services Fee on the due date established by FLDWRK on the Registration Page (if no date is given, Services Fee shall be due within thirty (30) of the end of the month that the Services were provided), such non-payment or late payment shall be subject to interest charges at the rate of one percent (1%) per month (or the highest rate permitted by law, whichever is lower) from the due date until payment is received in full. If collection efforts related to non-payment or late payment proves necessary, you agree to pay all fees incurred by that process, including reasonable attorney fees and court costs. In addition to any other rights granted to FLDWRK herein, FLDWRK reserves the right to suspend or terminate these Terms and your access to the Services if you fail to pay the Services Fee on a timely basis. To the extent that these Terms are terminated pursuant to Section 3 below, FLDWRK will have no obligation to refund or issue a credit (on a pro-rata basis or otherwise) to you related to the remaining portion of the Services term. You agree that FLDWRK may use the credit card, debit card or ACH information you submit on the Registration Page to pay the Services Fee. For those Services provided on a monthly basis, you agree that FLDWRK shall have the right to access and charge, debit or credit, as applicable, the credit card, debit card or ACH information you previously provided for payment of the Services Fee.
- Changes to these Terms. You agree that we may amend the terms and conditions of these Terms, or any policy or other terms referenced in these Terms at any time by posting a revised version of the Terms or Additional Policy on the FLDWRK Website. Any revised terms will become effective after we post them to the FLDWRK Website or, if we provide you a click-through or other means of accepting the revised terms, upon your acceptance. By continuing to use the Services after the revised terms become effective, you agree to be bound to the revised terms.
- Term and Termination. These Terms are effective when you accept the terms and conditions of these Terms and will continue in effect until terminated by you or FLDWRK in accordance with this section. We may terminate these Terms if you fail to cure a breach of these Terms within thirty days of date of the of FLDWRK’s notice to you of such breach. In addition, FLDWRK may terminate these Terms effective without cause on sixty (60) days prior notice. The following sections of the Terms shall survive termination of these Terms: 1, 8, 9 and 10.
- License and Ownership of Services. FLDWRK grants to you, a non-exclusive, non-transferable, limited, revocable license to access and use the Services during the term set forth on the Registration Page. Except for the license granted in this Section, you acknowledge that you acquire no other rights to the Services and that all right, title and interest in and to the Services shall remain with FLDWRK and its licensors. You shall not decompile, copy, disassemble, modify, decrypt, translate, extract or otherwise reverse engineer the Services. You shall not (a) license, sublicense, sell, resell, transfer, assign or distribute or otherwise commercially exploit or make available to any third party the Services; (b) modify or make derivative works based upon the Services; (c) create Internet "links" to the Services or "frame" or "mirror" the Services on any other server or wireless or Internet-based device; (d) interfere with or disrupt the integrity or performance of the Services or the data contained therein; or (e) attempt to gain unauthorized access to the Services or its related systems or networks. FLDWRK shall have the right to list and name You as a customer.
- Warranties. FLDWRK represents and warrants that it has the legal right to enter into these Terms and to perform the Services. You represent and warrant that you have the legal right to enter into these Terms and that your use of the Services do not violate these Terms. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. EXCEPT FOR THOSE WARRANTIES SET FORTH ABOVE. FLDWRK EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. FLDWRK DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES WILL BE ACCURATE OR RELIABLE OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE.
- Indemnification. You agree that you will indemnify and defend FLDWRK from and against any and all liabilities, damages, losses, expenses, demands, claims, suits or judgments, including reasonable attorneys’ fees, costs and expenses arising from: (a) your use of the Services; (b) claims that your use of the Services infringes any intellectual property, privacy, publicity, contractual or any other right of any third party; or (c) your breach of these Terms or violation of any law, rule or regulation through your use of the Services.
- Limitation of Liability. FLDWRK SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES, OR UNDER ANY LEGAL THEORY, REGARDLESS OF THE CAUSE, FOR THE EFFECTIVENESS OR ACCURACY OF THE SERVICES, FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, THE SERVICES OR YOUR DATA THROUGH ACCIDENT, FRAUD OR OTHER MEANS. FLDWRK SHALL NOT BE LIABLE TO YOU FOR LOST PROFITS OR LOST SALES, OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, MULTIPLE OR CONSEQUENTIAL DAMAGES ARISING FROM OR OCCASIONED BY YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FLDWRK'S LIABILITY TO YOU FOR ANY CLAIM ARISING IN CONNECTION WITH THESE TERMS SHALL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO FLDWRK UNDER THESE TERMS DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED.