1. Privacy Policy

Field Engineer, Inc. (“Field Engineer”, “us”, “our”, and “we”) is committed to maintaining robust privacy protections for its users. Our Privacy Policy (“Privacy Policy”) is designed to help you understand how we collect, use and safeguard the information you provide to us and to assist you in making informed decisions when using our Service.

By accepting our Privacy Policy and Terms of Use (found here: located at www.fieldengineer.com/terms), you consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy.

2. Children’s Online Privacy Protection Act

We do not intentionally gather Personal Information from visitors who are under the age of 13.

3. Type of Data We Collect

We collect “Non-Personal Information” and “Personal Information.” Non-Personal Information includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks. “Personal Information” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data.

4. Information You Provide to Us

  • We may collect Personal Information from you, such as your first and last name, e-mail and mailing address, phone, financial information and password when you create an account to log in to our network (“Account”).
  • When you use the Services on our Site our payment processor will collect all information necessary to complete the transaction, including your name, ACH information, credit card information, billing information and direct deposit information. We take reasonable efforts to securely store your ACH information. Your credit card information is stored by our credit card processor.
  • We retain information on your behalf, such as files and messages that you store using your Account.
  • Our Services facilitate communications between Providers and Customers. In connection with facilitating this service, we receive call data, including the date and time of the call or SMS message, the parties’ phone numbers, and the content of the SMS message.
  • If you provide us feedback or contact us via e-mail or SMS, we will collect your name and e-mail address or phone number, as well as any other content included in the e-mail or SMS message, in order to send you a reply.
  • When you participate in one of our surveys, we may collect additional information that you knowingly provide.
  • When you post messages on the Services or on a Social Networking Site (“SNS”) where we have a page or presence (collectively “SNS Pages”), the information contained in your posting may be republished on our Site and other users may be able to see them.

5. Information Collected via Technology

  • In an effort to improve the quality of the Service, we track information provided to us by your browser or by our software application when you view or use the Service, such as the website you came from (known as the “referring URL”), the type of browser you use, the device from which you connected to the Service, the time and date of access, and other information that does not personally identify you. We track this information using cookies, or small text files which include an anonymous unique identifier. Cookies are sent to a user’s browser from our servers and are stored on the user’s computer hard drive. Sending a cookie to a user’s browser enables us to collect Non-Personal information about that user and keep a record of the user’s preferences when utilizing our services, both on an individual and aggregate basis.
  • We may also use third party analytics services such as Google Analytics or Google Adsense to collect information about how you use and interact with our Services. Such third party analytics services may use cookies to gather information such as the pages you visited, your IP address, a date/time stamp for your visit and which site referred you to the Site.

6. Use of Your Personal Information

In general, Personal Information you submit to us is used either to respond to requests that you make, or to aid us in serving you better. We use your Personal Information in the following ways:

  • to facilitate the creation of and secure your Account on our network;
  • identify you as a user in our system;
  • provide improved administration of our Services;
  • provide the Services you request;
  • improve the quality of experience when you interact with our Services;
  • send you a welcome e-mail to verify ownership of the e-mail address provided when your Account was created;
  • send you administrative e-mail notifications, such as security or support and maintenance advisories;
  • respond to your inquiries related to employment opportunities or other requests;
  • to send newsletters, surveys, offers, and other promotional materials related to our Services and for other marketing purposes including those of third parties; and
  • perform marketing or data analysis.

7. Use of Non-Personal Information

In general, we use Non-Personal Information to help us improve the Service and customize the user experience. We also aggregate Non-Personal Information in order to track trends and analyze use patterns on the Site. This Privacy Policy does not limit in any way our use or disclosure of Non-Personal Information and we reserve the right to use and disclose such Non-Personal Information to our partners, advertisers and other third parties at our discretion.

If our information practices change at any time in the future, we will post the policy changes to the Site so that you may opt out of the new information practices. We suggest that you check the Site periodically if you are concerned about how your information is used.

8. Important Information About Platform Permissions

Most mobile platforms (iOS, Android, etc.) have defined certain types of device data that apps cannot access without your consent. And these platforms have different permission systems for obtaining your consent. The iOS platform will alert you the first time our App wants permission to access certain types of data and will let you consent (or not consent) to that request. Android devices will notify you of the permissions that our App seeks before you first use the app, and your use of the app constitutes your consent.

9. Location-Based Data

Field Engineer makes use of location-based data for ourSite or App to connect you with other users near you that can either offer or are in need of Services. A Customer may require mandatory geo-location tracking for Providers to qualify for certain jobs which will only occur the day and times in which the job takes place. If you choose not to allow Field Engineer to access your location, some or all functionality, including listed jobs in the geo-location, or jobs with a mandatory geo-location tracking requirement may not be available to you.

10. Disclosure of Your Personal Information

Our company does not sell your personal information. We do, however, have relationships with third parties in order to provide our services to you in which your personal information may be shared. We disclose your Personal Information as described below and as described elsewhere in this Privacy Policy.

Third Party Service Providers. We may share your Personal Information with third party service providers to: provide you with the Services that we offer you through our Site; to conduct quality assurance testing; to perform marketing; to run data analysis; to facilitate creation of accounts; to process payments, to provide technical support; to conduct background checks on users, and/or to provide other services to the Company.

Other Disclosures. Regardless of any choices you make regarding your Personal Information (as described below), Company may disclose Personal Information if it believes in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas or warrants served on Company; (c) to protect or defend the rights or property of Company or users of the Services; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or Terms of Use.

11. Links to Third Party Websites

As part of the Service, we may provide links to or compatibility with other websites or applications. However, we are not responsible for the privacy practices employed by those websites or the information or content they contain. This Privacy Policy applies solely to information collected by us through the Site and the Service. Therefore, this Privacy Policy does not apply to your use of a third party website accessed by selecting a link on our Site or via our Service. To the extent that you access or use the Service through or on another website or application, then the privacy policy of that other website or application will apply to your access or use of that site or application. We encourage our users to read the privacy statements of other websites before proceeding to use them.

12. Your Rights Regarding the Use of Your Personal Information

You have the right at any time to prevent us from contacting you for marketing purposes. When we send a promotional communication to a user, the user can opt out of further promotional communications by following the unsubscribe instructions provided in each promotional e-mail. You can also indicate that you do not wish to receive marketing communications from us in the “Settings” section of your Account. Please note that notwithstanding the promotional preferences you indicate by either unsubscribing or opting out in the Settings section of your Account, we may continue to send you administrative emails including, for example, periodic updates to our Privacy Policy.

13. Security of Your Personal Information

We implement security measures designed to protect your information from unauthorized access. Your account is protected by your account password and we urge you to take steps to keep your personal information safe by not disclosing your password and by logging out of your account after each use. We further protect your information from potential security breaches by implementing certain technological security measures. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. While we use reasonable efforts to protect your Personal Information, we cannot guarantee its absolute security. By using our Service, you acknowledge that you understand and agree to assume these risks

14. International Data Transfers

When Field Engineer obtains personal information about you, we may process and store the information outside of the country in which you are located, including in the United States. The countries in which we process the information may not have the same data protection laws as the country in which you are located. You consent to having your personal data transferred to and processed in the United States.

Please be advised that at this time Field Engineer does not comply with the U.S.-EU Privacy Shield as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries (https://www.privacyshield.gov/) and, as such, people resident in countries subject to such frameworks should not make use of the Field Engineer Services.

15. Changes to This Privacy Policy

We reserve the right to change this policy and our Terms of Service at any time. We will notify you of significant changes to our Privacy Policy by sending a notice to the primary email address specified in your account or by placing a prominent notice on our site. Significant changes will go into effect 30 days following such notification. Non-material changes or clarifications will take effect immediately. You should periodically check the Site and this privacy page for updates.

16. Contact Information

If you have any questions regarding this Privacy Policy or the practices of the Site or Mobile Application, please contact us by sending an email to info@fieldengineer.com.

1. Terms of Use

Welcome to Field Engineer, a website located at www.fieldengineer.com the “Site”) and operated by Field Engineer, Inc. (“Field Engineer”, “us”, “our”, and “we”). Field Engineer provides the Site, mobile applications (“App”) and services provided through the Site and/or App (“Services”) including a marketplace for freelance field engineers to be connected with potential customers in the Telecomm Industry.

These Terms of Use (“Agreement”) set forth the legally binding terms for your use of the Services. By accessing or using the Services, you are accepting this Agreement and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement. If you do not agree with all of the provisions of this Agreement, do not access and/or use the Services. You may not access or use the Services or accept the Agreement if: (a) you are not at least 18 years old; or (b) you are not located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals, or not legally permitted to access our Site or Services.

2. Privacy Policy

The Company respects the privacy of its Service users. Please refer to the Company’s Privacy Policy (www.fieldengineer.com/privacy) which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to this Privacy Policy.

3. Type of Users

“The User,” “You” and “Your” refer to the person, company, or organization that has visited or is using the Website and/or the Service. A User may be a Provider, a Customer, both, or neither.

“Provider” refers to users of the Site, whether an individual or business who offer to provide freelance field engineering services to Customers. Providers are not the employees or agents of Field Engineer.

“Customer” refers to users who request and/or purchase services from a Provider.

4. About Field Engineer

Field Engineer offers a marketplace for Providers to render field engineering services to Customers. Providers and Customers can use the Platform to manage and pay for their projects. Providers are independent contractors who use the Platform to offer their services and to perform work on specific projects for Customers. All Providers and Customer must create an account to use the Services.

The following terms are applicable to all Users of our Site. For additional terms relating specifically to Customers and Providers, please visit the following links:

Provider User Terms

Customer Terms

Work Order Terms

5. Accounts

Account Creation. In order to use certain features of the Services, you must register for an account with us (“your Account”) and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. We may suspend or terminate your Account in accordance with the Terms and Termination.

Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

6. Mobile Apps

We may provide a mobile application (“App”) for Providers and Customers to manage jobs. Some of the functionality of the Services may only be available on the App and such functionality may vary between Providers and Customers. To use the App you must have a mobile device that is compatible with the App. We do not warrant that the App will be compatible with your mobile device.

You may not: a) modify, disassemble, decompile or reverse engineer the App; b) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third-party; c) make any copies of the App; d) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or e) delete the copyright and other proprietary rights notices on the App.

You acknowledge that we may from time to time issue upgraded versions of the App, and may upgrade automatically to your mobile device the version of the App that you are using. You consent to such automatic upgrading and agree that these Terms of Use will apply to all such upgrades. We may elect to provide you with support or modifications for the App (“Support”), in our sole discretion, and we may change, reduce or terminate such Support at any time without notice to you. We reserve the right to charge fees for Support. Any use of third-party software provided in connection with the Services will be governed by such third parties’ licenses and not by these Terms of Use.

App Stores. You acknowledge and agree that the availability of the Mobile Apps is dependent on the third party websites from which you download the Mobile Apps, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). You acknowledge that these Terms are between you and Indigo Now and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading Mobile Apps from it. You agree to comply with, and your license to use the Mobile Apps is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.

7. Mobile App and SMS Alerts

You agree that Field Engineer may contact you by text messages or the App at any of the phone numbers provided by you or on your behalf in connection with a Field Engineer account. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving text messages from Field Engineer at any time by contacting us at info@fieldengineer.com or controlling your notification and alert settings in your Account.

8. Rights and Licenses

License to Use Site. We grant you a non-transferable, non-exclusive, right to access and use the Services for your personal use.

Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you will not access the Services in order to build a similar or competitive service; and (d) except as expressly stated in these terms, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services will be subject to the terms of this Agreement. All copyright and other proprietary notices on any Services content must be retained on all copies. You further agree that you will not seek to hire or otherwise engage sellers for future Services, or solicit buyers to purchase your services unless you sell/purchase the Services directly from us.

Modification. We reserve the right, at any time, to modify, suspend, or discontinue the Services with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, except and if otherwise expressly set forth in Section 9.

Support or Maintenance. Field Engineer will provide 24 hours, seven days a week email and phone support unless otherwise indicated on our Site. You acknowledge, however, that we have no obligation to provide you with any support or maintenance in connection with the Services.

Ownership of the Services. Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services, including the Site, are owned by us or our licensors. The provision of the Services does not transfer to you or any third party any rights, title or interest in or to the intellectual property rights. We reserve all rights not granted in this Agreement.

9. User Content

User Content. “User Content” means any and all information and content that a user submits to or posts on: (a) the Services and (b) on social networking sites where we have a page or presence. You will own your User Content, with the understanding that you agree that we may use and reproduce the User Content you make available on our social networking sites and on the Services. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. We reserve the right to remove any User Content from the Service at our discretion.

The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:

  • You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
  • You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content;
  • You will abide by our Acceptable Use Policy below; and
  • You affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.

You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. We are not responsible for any public display or misuse of your User Content. We do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.

License. You grant, and you represent and warrant that you have the right to grant, to us an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

Acceptable Use Policy. Your permission to use the Services is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:

  • post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
  • use the service for any unlawful purpose or for the promotion of illegal activities;
  • attempt to, or harass, abuse or harm another person or group;
  • use another user’s account without permission;
  • provide false or inaccurate information when registering an account;
  • interfere or attempt to interfere with the proper functioning of the Service;
  • make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  • use the Site or any of its contents to advertise or solicit, for any commercial purpose or to compete, directly or indirectly, with our Service;
  • bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
  • publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

Feedback. If you provide us any feedback or suggestions regarding the Services (“Feedback”), you assign to us all rights in the Feedback and agree that we will have the right to use the Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.

10. Links to Other Sites and/or Materials

Third Party Sites, Ads and Ad Networks. As part of the Service, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Users may also include links to their website or other Third Party Sites on their listings. These links are provided as a courtesy to Service subscribers. We have no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

11. Release

You release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injury, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to: (a) any interactions with, or act or omission of, other Service users or Third Party Sites & Ads; and (b) any dispute you have with another User, whether it be at law or in equity, including, for example and without limitation, any disputes regarding the performance, functions, and quality of the services rendered by a Provider and requests for refunds based upon disputes.. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

12. Indemnification

You agree to indemnify and hold us (and our officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your User Content, (c) your violation of this Agreement; (d) your violation of applicable laws or regulations; or (e) infringement of intellectual property rights. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

13. Disclaimers

THE SERVICES, INCLUDING THE SITE, ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES: (a) WILL MEET YOUR REQUIREMENTS; (b) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (c) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE OR (d) THAT THE SERVICES WILL BE TO YOUR SATISFACTION.

Field Engineer makes no representation that materials on this Site are appropriate or available for use in locations outside the United States. Access to this site from countries or territories where such access is illegal is prohibited. Those who choose to access this Site outside the United States do so on their own initiative and are responsible for compliance with local laws.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

14. Limitation of Liability

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.

IN NO EVENT WILL FIELD ENGINEER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNTS YOU’VE PAID FIELD ENGINEER IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

15. Term and Termination

Subject to this Section, this Agreement will remain in full force and effect while you use the Services. We may (a) suspend your rights to use the Site and/or Services (including your Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Services in violation of this Agreement. Upon termination of this Agreement, your Account and right to access and use the Services will terminate immediately. You understand that any termination of your Account involves deletion of your User Content from our live databases. We will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Account or deletion of your User Content. Upon termination of this Agreement, all of the provisions will terminate except those that by their nature should survive.

16. Copyright Policy

We respect the intellectual property of others and ask that users of our Site and Services do the same. In connection with our Site and Services and in accordance with the Digital Millennium Copyright Act’s (“DMCA”), we have adopted and implemented a policy respecting copyright laws that provide for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

  • your physical or electronic signature;
  • identification of the copyrighted work(s) that you claim to have been infringed;
  • identification of the material on our Services that you claim is infringing and that you request us to remove;
  • sufficient information to permit us to locate such material;
  • your address, telephone number, and e-mail address;
  • a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
  • a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

Our designated Copyright Agent is:

Field Engineer, Inc

Attn: Privacy Officer

Address: 40 Wall St, 128th Floor, New Jersey, NY 10005

Email: privacy@fieldengineer.com

17. Legal Disputes

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND FIELD ENGINEER HAVE AGAINST EACH OTHER ARE RESOLVED.

You and Field Engineer agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of our Terms of Service Agreement, your use of or access to the Services, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

Choice of Law. This Agreement is made under and will be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any principles that provide for the application of the law of another jurisdiction.

Agreement to Arbitrate

You and Field Engineer each agree that any and all disputes or claims that have arisen or may arise between you and Field Engineer relating in any way to or arising out of this or previous versions of the Terms of Service Agreement, your use of or access to Field Engineer’s Services, or any products or services sold, offered, or purchased through our Services will be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court in New Jersey, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

The arbitration will be conducted by JAMS Arbitration (“JAMS”) under its applicable rules and procedures, as modified by this Agreement to Arbitrate. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes.

Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

You and we must abide by the following rules: (a) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (c) the arbitrator will honor claims of privilege and privacy recognized at law; (d) the arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (e) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (f) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and then in such instance, the fees and costs awarded will be determined by the applicable law.

With the exception of subparts (a) and (b) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subpart (a) or (b) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor we will be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in state or federal court in New Jersey.

18. General

Changes to Agreement. This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. Any significant changes to this Agreement will be effective 30 days after posting such notice. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site or Services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Copyright/Trademark Information. Copyright © 2016 Field Engineer, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Contact Information:

Field Engineer
Email: info@fieldengineer.com

1. Standard Terms

PLEASE REVIEW THESE TERMS AND CONDITIONS IN THEIR ENTIRETY. YOU WILL BE LEGALLY BOUND BY THESE TERMS WHEN YOU SUBMIT OR ACCEPT A WORK ORDER.  YOU ACKNOWLEDGE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS UPON SUBMITTING OR ACCEPTING A WORK ORDER. DO NOT SUBMIT OR ACCEPT A WORK ORDER IF YOU DO NOT ACCEPT ANY OF THE TERMS AND CONDITIONS.

These Standard Work Order Terms (the “Work Order Terms”) govern all work orders (“Work Orders”) between or among freelance field engineers (“Providers”) and businesses (“Customers”) using the Field Engineer website and software platform (the “Platform”). The Customers and Providers who use the Platform to purchase and offer services have agreed, as a condition of using Field Engineers Services, to abide by the Terms and Use or other related agreements.  Field Engineer’s Terms of Use are incorporated into these Work Order Terms.

2. Work Order Process

These Work Order Terms are incorporated into each Work Order that is submitted by a Customer and accepted by a Provider and are a binding contract between the Customer and Provider.

3. Payment Terms

  • Provider will be paid for the services at the rates stated in the Work Order and in accordance with Field Engineer’s Terms of Use, subject to deduction of fees payable to Field Engineer for use of the Platform. Provider will only be paid after Provider: (a) has completed all services or tasks relating to the project, (b) has uploaded and sent to the Customer via the Platform all necessary electronic reports and materials required in the Work Order (c) has verified, via the Platform, that the services, tasks, and document upload have been completed, and (d) the Customer has accepted, via the Platform, the services and otherwise made no complaints concerning the nature, quality, or timeliness of the work.
  • Acceptance of Services. Customer will have five (5) days from the day the Provider marks the job as “Complete” to accept the services. If Customer fails to accept the services in that time period, the funds will automatically be disbursed to Provider.   All payments to a Provider for services performed will be facilitated by Field Engineer on behalf of a Customer.

4. Independent Contractor Status

Provider’s relationship with the Customer will be that of an independent contractor and not that of an employee or an agent of the Customer.  Customer does not guarantee any volume of work to Provider.

5. Insurance

Provider will maintain the following insurance:

  • Workers Compensation. Worker’s compensation and all other employee or worker’s insurance coverage required in each jurisdiction in which services are performed.
  • Commercial General Liability (“CGL”).  CGL coverage with combined policy limits of at least $1,000,000.
  • Automobile.  Business automobile liability insurance coverage with combined limits of at least $1,000,000, or such higher amounts or additional coverage as may be set forth in a Work Order.

Provider will provide and maintain current insurance information and submit current certificates of insurance verifying such insurance coverage in such Provider’s account with the Platform. Provider acknowledges that additional insurance coverage may be required by a Customer under a Work Order.

6. Proprietary Rights

  • Intellectual Property.  As used in this Agreement, Intellectual Property means discoveries, developments, concepts, designs, ideas, know how, improvements, trade secrets and/or original works of authorship, whether or not patentable, copyrightable or otherwise legally protectable.  This includes, but is not limited to, any product, method, procedure, process, technique, use, system, design or configuration or improvement of any kind.
  • All right, title and interest, including copyright and other intellectual property rights in and to any data, information, ideas, concepts or material provided by a Customer to a Provider for use in performing services are and will remain a Customer’s property (“Customer IP”). Each Customer grants each Provider who performs services a non-exclusive, non-transferable license during the term of a Work Order to reproduce, display and perform Customer IP solely in connection with the performance of the services under such Work Order. Customer IP will be considered Confidential Information of a Customer.
  • Any Intellectual Property that is made by Provider (solely or jointly with others) under this Agreement or for the benefit of the Customer’s actual or proposed businesses, products, services, or research and development are “works made for hire” (to the greatest extent permitted by applicable law) and are compensated by the fees set forth in this Agreement.  Any assignment of Intellectual Property includes all rights of attribution, paternity, integrity, modification, disclosure and withdrawal, and any other rights throughout the world that may be known as or referred to as “moral rights,” “artist’s rights,” “droit moral,” or the like (collectively, Moral Rights).  To the extent that Moral Rights cannot be assigned under applicable law, Provider waives and agrees not to enforce any and all Moral Rights, including, without limitation, any limitation on subsequent modification.
  • Provider may own or hold ideas, inventions, improvements, discoveries, software design, software coding, charts, drawings, specifications, notebooks, tracings, photographs, negatives, draft or final reports, findings, recommendations, data and memoranda or other works (“Background Intellectual Property”) developed prior to the commencement of services under a Work Order.  All Background Intellectual Property or Intellectual Property developed outside the scope of the services under a Work will remain such Provider. To the extent that Background Intellectual Property has been incorporated into or is embedded in the Work Product, the Provider grants to the Customer perpetual, nonexclusive, world-wide, sublicensable, royalty-free right to use, license, execute, modify, reproduce, display, perform, and prepare derivative works based on such Background Intellectual Property.

7. Confidentiality

Provider acknowledges and agrees that Customer has expended substantial time, money and resources in developing and maintaining its client base, Intellectual Property (defined below), and other proprietary information.  Provider acknowledges and agrees that it has, will, or may come into possession of technical, proprietary, financial and/or business information relating to Customer and/or Customer’s Clients which is not published or readily available to the public (Confidential Information).

8. Warranties and Representations

Provider warrants and represents that:

  • Provider is under any pre-existing obligation in conflict or in any way inconsistent with the provisions of this Agreement.
  • Performance of all the terms of this Agreement will not breach any agreement to keep in confidence proprietary information acquired by Provider in confidence or in trust prior to the commencement of this Work Order.
  • Provider will not knowingly infringe upon any copyright, patent, trade secret or other property rights of any former Company, employer or third party in the performance of the Services.
  • Provider has authority to enter into these Work Order Terms and to perform all of Provider’s obligations hereunder.
  • If Provider resides or will perform work in the United States, Provider will be eligible to provide the services under U.S. federal immigration law and any applicable rules of the United States Citizenship and Immigration Services Agency for the full term of these Work Order Terms.
  • Provider will obtain all required permits, licensed and certificates necessary to perform services under a Work Order.

9. Dispute Resolution

If at any time a dispute arises between a Customer and a Provider over any aspect of the performance or interpretation of a Work Order, such as a dispute over the quality of the Provider’s work or the amount of compensation due will be governed by the Services-Related Dispute Resolution Process.

10. General

  • Entire Agreement.  The Work Order, together with these Terms, and Field Engineer’s Terms of Use contains the entire agreement of the parties regarding the subject matter and may not be modified or amended, except in writing signed and dated by both parties.  Any prior agreements between Provider and Customer concerning the subject matter of this Agreement are superseded by this Agreement, and are void and without force and effect.
  • Governing Law.  These Work Order Terms will be governed by the laws of the jurisdiction in which the Customer resides.
  • Binding Nature.  This Agreement is binding upon the parties and their heirs, personal representatives, fiduciaries, successors and assigns.
  • Non-Waiver.  A waiver by Customer with respect to any breach or violation of this Agreement or of any provision of the Agreement by Provider will not be deemed as or operate as a waiver of any subsequent breach or violation.
  • Assignment.  The Customer may assign any of its rights and obligations under this Agreement.  No other party to this Agreement may assign, whether voluntarily or by operation of law, any of its rights and obligations under this Agreement, except with the prior written consent of the Customer.

11. Customer Property

Provider agrees that all Intellectual Property, software, documents and other materials that Provider makes or possesses while performing services for the Customer are solely and exclusively the property of Customer.  Taking data from Customer’s offices, computer system, subscribed databases or data holders without authorization is grounds for immediate termination of this Agreement and may be pursued as criminal misappropriation or theft, in addition to other remedies.

12. Nondisclosure

During the term of the applicable Work Order and for a period of five (5) years after, Provider will keep confidential and secure and not divulge to any person or use for Provider’s own benefit for any purpose any of Customer’s or Customer’s Clients’ Confidential Information, except with the written consent of Customer. Upon termination of this Agreement, or upon request by Customer or the Client at any time, Provider will surrender all tangible evidence of the Confidential Information to Customer or Client.

13. Withholding

Provider will have full responsibility for applicable withholding taxes for all compensation paid to Provider or its Assistants under this Agreement, and for compliance with all applicable labor and employment requirements with respect to Provider’s self-employment, sole proprietorship or other form of business organization, and with respect to the Assistants, including state worker’s compensation insurance coverage requirements and any U.S. immigration visa requirements.

14. No Benefits

Provider acknowledges and agrees that Provider and its Assistants will not be eligible for any Customer employee benefits and, to the extent Provider otherwise would be eligible for any Customer employee benefits but for the express terms of this Agreement, Provider (on behalf of itself and its employees) expressly declines to participate in the Customer employee benefits.

15. No Authority to Bind Customers

Provider acknowledges and agrees that Provider and its Assistants have no authority to enter into contracts that bind the Customer or create obligations on the part of the Customer without the prior written authorization of the Customer.

16. Expenses and Supplies

Except for the Platform and as expressly stated otherwise in a Work Order, Provider will provide all equipment and tools that are necessary to complete the services.  Provider will not be paid for any additional business expenses that Provider incurs in providing the services unless the Work Order expressly states otherwise, including any office, travel, and telephone expenses

17. Method of Provision of Services

Provider will be solely responsible for determining the method, details and means of performing the Services.  Provider may, at Provider’s own expense, employ or engage the services of the employees, subcontractor, partners or agents, as Provider deems necessary to perform the Services (collectively, the “Assistants”).  The Assistants are not and will not be employees of the Customer, and Provider will be wholly responsible for the professional performance of the Services by the Assistants to the Customer’s satisfaction.  Provider will expressly advise the Assistants of the terms of this Agreement.

18. Binding Agreement

Upon acceptance of a Work Order by a Provider, or upon a Customer’s acceptance of Provider’s counteroffer, a legally binding agreement exists between such Provider and Customer, and the terms of that Work Order as modified will govern the provision of services between the Customer and Provider.

19. Acceptance or Changes

Any Provider may accept a Work Order or make a counteroffer. A Customer may accept or reject such counteroffer.

20. Information

Each Work Order posted by a Customer will state: a) the identity of the Customer; b) the location where the services are to be performed; c) a description of the services; d) the work schedule; e) the fees being paid for the services; and f) any other specific terms included by the Customer.