Terms of service

OVERVIEW

Welcome to Fieldmirth! The terms "we", "us" and "our" refer to Fieldmirth. Fieldmirth operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Fieldmirth is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our store is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that colors or product appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be exactly the same as depicted or rendered in our online store.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Fieldmirth reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Fieldmirth confirms acceptance.

We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as Fieldmirth may be unable to accommodate cancellation or modification requests after an order has been accepted or entered production.

If we do not accept, make a change to, or cancel an order, we will attempt to notify you using the contact information provided when the order was placed.

Your purchases are subject to returns, refunds, or replacements solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect when the order is placed and will be set out in your order confirmation email.

Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

We may offer promotions that affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store. You agree to promptly update your account and other information so that we can complete your transactions and contact you as needed.

You represent and warrant that the payment information you provide is true, correct and complete, that you are authorized to use the payment method provided, and that you will pay all charges incurred at the posted prices, including applicable shipping charges and taxes.

SECTION 5 - SHIPPING AND DELIVERY

All delivery times are estimates only and are not guaranteed.

We are not responsible for delays caused by shipping carriers, customs processing, incorrect or incomplete shipping information provided by the customer, or events outside our reasonable control.

Please refer to our Shipping Policy for additional information regarding order processing and delivery.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, artwork and designs, and the design, selection and arrangement thereof, are owned by Fieldmirth, its affiliates or licensors and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright or other intellectual property of Fieldmirth, Shopify or any third party.

All rights not expressly granted herein are reserved by Fieldmirth.

Fieldmirth's name, logos, product and service names, designs and slogans are trademarks of Fieldmirth or its affiliates or licensors. You must not use such trademarks without prior written permission from Fieldmirth.

Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without warranties, representations or conditions of any kind and without endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party providers.

We may also offer new features through the Services in the future. Such new features shall be considered part of the Services and subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality.

We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access.

If you decide to leave the Services to access third-party materials or sites, you do so at your own risk.

We are not liable for harm or damages related to your access to third-party websites or your purchase or use of products, services, resources or content available through third-party websites.

Please carefully review the third party's policies and practices before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the applicable third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Fieldmirth is powered by Shopify, which enables us to provide the Services to you.

However, any sales and purchases you make in our store are made directly with Fieldmirth.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Fieldmirth, including any injury, damage or loss resulting from purchased products and services.

You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with Fieldmirth.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify's Privacy Policy.

By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services.

Information you submit to the Services may be transmitted to and shared with Shopify as well as third parties that may be located in countries other than where you reside in order to provide services to you.

Please review our Privacy Policy for more information about how we, Shopify and our partners use your personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use.

You represent and warrant that you own or have all necessary rights to any Feedback you submit, have disclosed any compensation or incentives received in connection with your Feedback, and that your Feedback complies with these Terms.

We are under no obligation to maintain Feedback in confidence, pay compensation for Feedback or respond to Feedback.

We may monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable or that violates another party's intellectual property or these Terms.

You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personality or other personal or proprietary rights.

You may not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties regarding the origin of Feedback.

You are solely responsible for the Feedback you submit and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability.

We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders if information is inaccurate at any time without prior notice, including after you have submitted your order.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only.

You may not access or use the Services, directly or indirectly, for unlawful or malicious purposes; to violate applicable laws; to infringe intellectual property rights; to harass, abuse, threaten or harm others; to transmit false or misleading information; to distribute spam or unsolicited promotional material; to impersonate another person or entity; or to engage in conduct that restricts or inhibits anyone's use or enjoyment of the Services.

You also agree not to upload or transmit viruses or malicious code; reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; collect or track personal information of others; engage in phishing or similar activities; use unauthorized automated scraping or data extraction tools; or interfere with, bypass or circumvent security or authorization features.

We reserve the right to suspend, disable or terminate access to the Services if we determine that you have violated these Terms.

SECTION 14 - AGENTS

This section ("Agent Terms") applies if you use, allow, enable or cause the deployment of an Agent to access, use or interact with any Services.

"Agent" means software or a service that takes autonomous or semi-autonomous action on behalf of or at the instruction of a person or entity without direct supervision.

No Agent may access, use or interact with the Services unless it identifies itself and complies with applicable requirements imposed by Fieldmirth.

We may limit, including through technical measures, whether and how an Agent accesses, uses or interacts with the Services.

Agents must not conceal or misrepresent automated access, circumvent CAPTCHAs or other measures intended to distinguish computers from humans, or circumvent measures intended to block, limit, modify or control automated access to the Services.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services, or any part thereof, in our sole discretion where permitted by applicable law. You will remain liable for all amounts due up to and including the date of termination.

Provisions that by their nature should survive termination will continue to apply following termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available for general information purposes.

We do not warrant the accuracy, completeness or usefulness of such information. Any reliance you place on such information is at your own risk.

EXCEPT AS EXPRESSLY STATED BY FIELDMIRTH AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FIELDMIRTH, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PROCURED THROUGH THE SERVICES.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY WHERE SUCH LIABILITY CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

SECTION 18 - INDEMNIFICATION

You agree, to the extent permitted by applicable law, to indemnify, defend and hold harmless Fieldmirth, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to a third party due to or arising from your breach of these Terms, violation of applicable law or violation of a third party's rights.

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision shall be enforceable to the fullest extent permitted by applicable law and the unenforceable portion shall be deemed severed from these Terms.

Such determination will not affect the validity and enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms and any policies or operating rules posted by us constitute the entire agreement between you and us regarding your use of the Services and supersede prior or contemporaneous agreements and communications regarding the Services.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer or assign these Terms or any of your rights or obligations under these Terms without our prior written consent.

We may transfer, assign or delegate these Terms and our rights and obligations where permitted by applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the applicable laws and courts of the jurisdiction in which Fieldmirth is legally established, except where applicable consumer protection law requires otherwise.

SECTION 23 - HEADINGS

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right to update, change or replace portions of these Terms by posting updates and changes to our website.

Where required by applicable law, we will provide notice of material changes. Your continued use of the Services following the effective date of changes constitutes acceptance of the updated Terms to the extent permitted by applicable law.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service can be sent to us at support@fieldmirth.com.