Welcome to Joblink Pro, a mobile software application (“Service”) that enables service professionals ("you") to run their business and integrate state of the art HVACR tools designed by Fieldpiece Instruments Inc. (“Fieldpiece”,” “we,” or “us”). This page explains the terms by which you may use our Service, including but not limited to our interactive and/or mobile service, web sites, and software.
By accessing or using the Service, you represent that you have read, understood, and agree to be bound by this Terms of Service Agreement (“TOS” or “Agreement”). This Agreement applies to users (“you”) who access the Service.
You acknowledge and agree that Fieldpiece may amend this Agreement at any time by posting a revised version of this Agreement on the Service or to notify the users directly in Fieldpiece’s sole discretion. Your continued use of the Service after any changes are made to this Agreement shall constitute your consent to such changes. Fieldpiece does not and will not assume any obligation to notify Users of any changes to this Agreement, or the creation or modification of any additional terms. You are responsible for remaining knowledgeable about the Terms of the Agreement.
You may not use our service for any unlawful purposes or in furtherance of illegal activities.
Fieldpiece requires users to complete a profile (“Account Profile”). Fieldpiece does not review or verify the information or representations set forth in those Account Profiles. Users are required to warrant that the information they submit is complete, accurate and current.
Individual customer data entered or imported by users shall remain the property of the user. Fieldpiece will not market to a users customers without the consent of the user.
Service pricing data entered or imported by users shall remain the property of the user. Fieldpiece will not share the individual price with a third party.
In the event that you provide Fieldpiece with any feedback regarding the Fieldpiece Service, including without limitation, any flaws, errors, bugs, anomalies, problems with and/or suggestions for the service or the Service (“Feedback”), you hereby assign to Fieldpiece all rights in the Feedback, including but not limited to, the right to use such Feedback and related information in any manner we deem appropriate.
You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account.
The Service has multiple plans that are billed as a subscription. When you sign up for a subscription-billing based account, you agree and allow us to bill your credit card (or other payment method) for charges pertaining to your plan selection.
The purchase of a Monthly Subscription means you will be charged for a full month of service regardless if you cancel within that month. We will attempt to re-bill for any failed billing or past-due amounts. We automatically bill each month on the calendar day corresponding to the commencement of your paid subscription. Fieldpiece will continue to automatically renew your Monthly Subscription fee each month without further notice to you or authorization from you, until you cancel your subscription.
By purchasing an Annual Subscription, you agree to an initial pre-payment for one full year of service. You accept responsibility for all recurring charges prior to cancellation. Once you subscribe, Fieldpiece will automatically renew your Annual Subscription fee at the then-current Annual Subscription rate without further notice to you or authorization from you until you cancel your subscription. We automatically bill each year on the calendar day corresponding to the commencement of your paid subscription.
To receive a full refund for Annual Subscriptions purchases, you have THIRTY (30) days from the date of the original purchase to cancel your subscription and request a refund by contacting JOBLINKBILLING@FIELDPIECE.com. After that 30 day window, we will not provide a refund. We do not prorate refunds or offer partial refunds, and we do not offer refunds for monthly subscriptions. You may cancel your Subscription at any time by logging into your account and following the cancellation procedures described there.
You acknowledge that all Card transactions are processed as “card not present” transactions, even where the consumer is at the physical point of sale and a consumer has different Chargeback rights for “card not present” transactions than for transactions where the buyer physically presents the card to the seller.
We will review some or all of the information that you submit in connection with your request to sign up for the Service. We may forward such information on to our payments processor. After you submit your application, we or our processor may conclude that you will not be permitted to use the Service.
We may impose various transaction limits and rules on Users. If you believe that the transaction limits are interfering with your business, please contact our support to request higher limits. We may require more information about your business to evaluate your request and will decide at its sole discretion whether to honor such requests. We will consider a variety of factors in making its decision, including but not limited to a proprietary set of rules, Chargeback rates, transaction behavior, and other supplemental data about your business.
You are solely responsible for all customer service issues relating to your services, including pricing, fulfillment, cancellation by you or customer, returns, refunds and adjustments, rebates, functionality and warranty, technical support, and feedback, reviews, or ratings concerning experiences with your personnel, policies or processes. In performing customer service, you will always present yourself as a separate entity from us. As between you and us, we are solely responsible for customer service issues relating to your account.
We provide you an online transaction history of all of your authorized transactions. Except as required by law, you are solely responsible for (a) compiling and retaining permanent records of all transactions and other data associated with your account and your use of the Service and (b) reconciling all transactional information that is associated with your account.
We will attempt to rectify processing errors that we discover. If the error resulted in your receipt of less than the correct amount to which you were entitled, we will credit your bank account for the difference. If the error results in your receipt of more than the correct amount to which you were entitled, we will debit the extra funds from your bank account. We will only correct transactions that you process incorrectly if and when you notify us of such an error. Your failure to notify us of a processing error within thirty (30) days of when it first appears on your electronic transaction history will be deemed a waiver of any right to amounts owed to you.
FIELDPIECE DOES NOT ENDORSE OR RECOMMEND THE SERVICES OF ANY PARTICULAR USER. THE DECISION TO ENTER INTO AN AGREEMENT FOR WORK BELONGS ENTIRELY TO THE CONSUMER. FIELDPIECE DOES NOT WARRANT USERS PERFORMANCE ON THE JOB OR THE QUALITY OF GOODS, MATERIALS, EQUIPMENT OR SERVICES FURNISHED BY USER. FIELDPIECE DOES NOT CONTRACT FOR OR PERFORM, AND IS NOT RESPONSIBLE FOR, ANY OF THE SERVICES REQUESTED BY THE CONSUMER IN THE SERVICE REQUEST. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. FIELDPIECE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY USERS OR THE USERS ABILITY TO PROVIDE A SERVICE COMPLIANT WITH THE CONSUMER’S SERVICE REQUEST. YOU EXPRESSLY ACKNOWLEDGE THAT FIELDPIECE MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE QUALITY OF SERVICES RENDERED BY ANY SERVICE PROVIDER.
USERS ARE SOLELY RESPONSIBLE FOR ITS INTERACTIONS WITH CONSUMERS. CONSUMER’S RIGHTS UNDER CONTRACTS YOU ENTER INTO WITH USERS ARE GOVERNED BY THE TERMS OF SUCH CONTRACTS AND BY APPLICABLE FEDERAL, STATE, PROVINCIAL AND LOCAL LAWS. SHOULD YOU HAVE A DISPUTE WITH ANY USER, YOU SHOULD ADDRESS SUCH DISPUTE WITH THE USERS DIRECTLY. FIELDPIECE IS NOT A PARTY OR THIRD-PARTY BENEFICIARY TO THE CONTRACTS BETWEEN CONSUMERS AND USERS.
IN EXCHANGE FOR THE SERVICE PROVIDED BY FIELDPIECE AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH IS ACKNOWLEDGED, YOU EXPRESSLY AGREE TO RELEASE FIELDPIECE, ITS OFFICERS, DIRECTORS, AFFILIATES, PARENT COMPANIES, PARTNERS, EMPLOYEES AND AGENTS FROM ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES AND DAMAGES (DIRECT AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DISPUTE YOU HAVE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
FIELDPIECE MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE CONTENT ON OR SERVICES OF THIS SERVICE FOR ANY PURPOSE. FIELDPIECE DOES NOT PROMISE THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SERVICE OR ANY CONTENT, SEARCH OR LINK ON IT. THE SERVICE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. FIELDPIECE SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SERVICE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SERVICE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SERVICE. FIELDPIECE SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FIELDPIECE MAKES NO GUARANTEES OF ANY SPECIFIC RESULT FROM USE OF THIS SERVICE. YOUR USE OF THIS SERVICE IS AT YOUR OWN RISK.
IN NO EVENT SHALL FIELDPIECE, ITS OFFICERS, DIRECTORS, AFFILIATES, PARTNERS, PARENT COMPANIES, EMPLOYEES AND/OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, GENERAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RELATING TO (1) THE USE OF, CONTENT IN, DELAY OR INABILITY TO USE, OR OTHERWISE ARISING IN CONNECTION WITH THIS SERVICE, (2) THE CONDUCT OF A USER, USERS OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. FIELDPIECE IS NOT LIABLE FOR ANY LOST DATA RESULTING FROM THE OPERATION OF THE SERVICE OR THE ENFORCEMENT OF THE TERMS. FIELDPIECE EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, FIELDPIECE USERS, ADVERTISERS AND/OR SPONSORS ON THE SERVICE, IN CONNECTION WITH THE SERVICE OR OTHERWISE RELATED TO YOUR USE OF THE SERVICE. BY USING THE SERVICE, YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE. TO THE EXTENT YOUR STATE DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will not be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide such information at your own risk.
This Agreement will remain in full force and effect while you use the Service. You may terminate your account at any time, for any reason. If you terminate your account, your account will be disabled within 14 days. Fieldpiece may terminate your account or this Agreement at any time, with or without cause, by sending notice to you at the email address you provide in your account registration, or such other email address as you may later provide to Fieldpiece. All decisions regarding the termination of accounts shall be made in the sole discretion of Fieldpiece. Fieldpiece is not required to provide you notice prior to terminating your account. Fieldpiece is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your account is terminated, this Agreement will remain in effect. If you are due a refund for canceling your paid account, a refund will be issued to you within 14 days of request to cancel.
If there is any dispute arising out of this Agreement or the use of the Service, by using the Service you expressly agree that any such dispute shall be governed by the laws of the State of California, without regard to its conflict of law provisions.
You and We agree that any legal disputes or claims between the Parties that cannot be resolved informally will be submitted to binding arbitration in California. The arbitration shall be conducted by the American Arbitration Association, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You agree that in no event shall any claim, action or proceeding by You related in any way to the Fieldpiece Service be instituted more than three (3) years after the cause of action arose.
Users agree to indemnify, defend and hold harmless Fieldpiece, its parents, subsidiaries, affiliates, officers, agents, partners and employees, from and against any loss, liability, claim, demand or suit, including reasonable attorney’s fees, resulting from or arising out of any act or omission of Users, except to the extent such loss is caused by Fieldpiece’s sole negligence .
Except as otherwise set forth expressly herein, nothing contained in this Agreement, express or implied, is intended to confer upon any person or entity, other than Fieldpiece and the users, any benefit, right or remedy.
The following provisions shall survive termination of the Agreement: No Warranty or Endorsement, Interactions and Disputes with users, Release, No Warranties, Limitations of Liability, all provisions in the Content on Service section, Disclaimers, Jurisdiction and Choice of Law, Dispute Resolution, Indemnification, No Third Party Beneficiaries, and Survival.
This terms of service was last modified on August 26, 2016.