Last Updated: February 27, 2017
Adult Usage Only
This Site is intended for those who are of the age of majority and able to legally enter binding contracts without any right of rescission. Accordingly, in using this Site, you represent, warrant, and agree that you are at least eighteen (18) years or older.
Payment of Fees
Field Day may charge you for goods and services in conjunction with using the Site, including but not limited to food purchases and apparel. We may assess and collect from you fees, surcharges, taxes or other supplemental payment requirement imposed on Field Day by any governmental, regulatory, or financial institution or entity. You may make payments to Field Day by various methods, which may include valid credit card or Paypal. Field Day reserves the right to expand or limit its payment options.
In conjunction with each payment you make to Field Day, or in which a third-party makes on your behalf, you warrant that the payment information is true and correct (e.g., valid Paypal account and credit card information). Further, you understand and agree that any declined payment may be lead to additional fees and to the suspension or termination of your Field Day services. You also understand and agree that you are solely responsible to ensure prompt payment of all amounts owed to Field Day. Field Day is under no obligation to retain, preserve or otherwise maintain your information, account, or services associated with your account if your account is in default.
The following terms apply regardless of the method of payment:
- You must pay for amounts due consistent with the billing terms provided on the Site or any invoice;
- Late fees and/or interest will be charged on overdue balances.
All amounts paid to Field Day are non-refundable.
If you miss a payment or have an overdue account, you will be assessed a onetime late fee of $10.00 per month your account is overdue. You will also be charged twelve percent (12%) interest on your past due balance. The interest rate is calculated on a continuously compounded basis.
Some portions of the Site may be restricted and require authorization for access. Unauthorized use of or access to these areas is prohibited. Actual or attempted unauthorized use of or access to such areas may result in criminal and/or civil prosecution. Attempts to access such areas without authorization may be viewed, monitored and recorded and any information obtained may be given to law enforcement organizations in connection with any investigation or prosecution of possible criminal activity on this system. If you are not an authorized user of such areas or do not consent to continued monitoring, you should not attempt to access such areas.
Your Account Security
You are responsible for maintaining the security in your Field Day account. You agree and understand that you are solely responsible for your account security settings, protection of confidential information (e.g., password), and all consequences that stem from activities occurring with your Field Day account. You also agree that Field Day is not responsible for any unauthorized use of your Field Day account. You should not share your login information with anyone. Field Day will never request your password. If you suspect that your account or login information has been compromised, you should immediately change your password and contact Field Day.
You further agree to promptly notify Field Day of any security breach relating to your Field Day account. Such notices should be sent to:
Field Day Ridgedale
12401 Wayzata Blvd., Suite 1145
Minnetonka, MN 55305
Field Day encourages all users to proactively take steps to enhance their personal security measures. These measures may include using “strong” passwords that consist of lower case and capitalized letters as well as numbers; regularly changing passwords; and preventing the disclosure of passwords to any third-parties.
Accuracy of Information Provided by You
You agree that all information you provide Field Day is true, current, complete and accurate. You also agree that you will update your information as needed to keep it true, current, complete and accurate. You hereby agree to notify us within five (5) business days of a change in any information you provided us. Such notices may be sent to:
Field Day Ridgedale
12401 Wayzata Blvd., Suite 1145
Minnetonka, MN 55305
Failure to provide such new information will constitute a material breach of the terms of this TOU and may lead to the suspension or termination of your account.
Code of Conduct
- Use the Site in any manner that could damage, disable, overburden, or impair any Site servers, or the network(s) connected to any Site server, or interfere with any other party’s use and enjoyment of the Site;
- Attempt to gain unauthorized access to any Site, other accounts, computer systems or networks connected to any Site server or to any of the website through hacking, password mining or any other means;
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
- Use data mining, robots, screen scraping or similar data gathering and extraction tools on this site;
- Use any metatags or any other “hidden text” utilizing Field Day’s name, service or trademarks or trade dress without the express written consent of Field Day;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
- Use any material or information, including images or photographs, which are made available through the website in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
- Harvest or otherwise collect information about others, including but not limited to e-mail addresses;
- Use the site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
- Direct traffic, post links, advertise, or engage in any similar conduct related to other websites, companies, competitors, or services;
- Use the Site, services or tools if you are not able to form legally binding contracts
- Any attempt to copy or mirror the information, data, content, or coding from the site without first obtaining express written permission from the Site administrator; and
- Any attempt to reverse engineer or reconstruction any portion of the Site.
You agree to fully comply with any applicable laws and regulations. You further agree to cooperate in any governmental investigation regarding your use of Site services. You further agree to that to the extent you are using the Site for the purposes related to Field Day and that will adhere to all applicable State and Federal laws and regulations.
If any of the following events occurs, we may provide you with a written notice describing the breach; however, you recognize, understand, and agree that Field Day is not obligated to send any such notice of default and may immediately suspend or terminate your account or services without notice. In the event a written notice of default is provided to you, you shall have no longer than ten (10) calendar days to cure your breach.
Maintenance/Site Down Time/Service Down Time
Field Day reserves the right to perform maintenance whenever it deems reasonably necessary. Maintenance is generally scheduled for off-peak hours, such as weekends and evenings. Field Day will attempt to communicate any expected prolonged system outage to Site users in advance of outage.
Field Day is not liable for any unforeseen or unexpected system outage due to unavailability of utilities or supplies, acts of god, natural disaster, labor strike or shortage, or any other condition that is reasonably outside of
Field Day’s control.
Intellectual Property Rights
You agree that Field Day holds all right, title and interest to all services, its websites any information and technology used to provide the Site services. You acknowledge that no title or interest in such intellectual property rights is being, or has been, transferred to you. You further agree to make no claim of interest in any such services.
All content including but not limited to text, graphics, downloads and software included on this site is the property of Field Day or its licensors and protected by United States and international copyright laws. You agree that you shall not copy, record, duplicate, or otherwise attempt to reproduce any of the services or information provided to you from Field Day, including but not limited through tape or video recording.
You also grant Field Day a non-exclusive license to use, reference, post, identify, or otherwise utilize your intellectual property rights that you submit or provide to Field Day. Such information will be used solely by Field Day in conjunction with marketing the Site and its services.
Disclaimer of Warranties
FIELD DAY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SITE SERVICES AND ANY RELATED SOFTWARE OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNLESS OTHERWISE PROVIDED IN WRITING AND SIGNED BY AN AUTHORIZED AGENT OF FIELD DAY, FIELD DAY DOES NOT WARRANT THAT SITE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT SITE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. FIELD DAY DOES NOT WARRANT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SITE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, OR THE QUALITY OR COMPLETENESS OF ANY SERVICES PROVIDED THROUGH THE SITE OR ITS USERS. EXCEPT AS EXPLICITLY WRITTEN IN A DOCUMENT SIGNED BY AN AUTHORIZED AGENT OF FIELD DAY OR AS MANDATED BY APPLICABLE LAW, FIELD DAY PROVIDES NO WARRANTY REGARDING THE GOODS OR SERVICES PURCHASED OR OBTAINED FROM THE SITE, FIELD DAY, OR ANY THIRD-PARTY ASSOCIATED OR AFFILIATED WITH FIELD DAY.
Assumption of Risk
When you access the Site, download or upload content on the Site, proceed to other websites linked to the Site, or interact with the Site in any manner, you do so at your owner discretion and risk. In other words, you are solely responsible for any damage done to your computer, electronic device, or other property, including but not limited to the loss or corruption of data.
Without limiting the forgoing disclaimer of warranties or assumption of risk sections, Field Day provides email support for Site customers. Support can be reached by sending an email to: firstname.lastname@example.org. Field Day attempts to respond to customer inquiries within 5 business days.
You agree that Field Day shall have the right to participate in the defense of any claim asserted against Field Day. You also agree that Field Day shall be entitled to retain a counsel of Field Day’s own choosing at your cost. You further agree to notify Field Day of your knowledge of any claim against Field Day. You agree to cooperate fully with Field Day during such proceedings.
Automatic Payments in the Event of Default
To the extent you provided payment information to Field Day, and sums are due and owing from you to Field Day, and you are in default of your obligations under this TOU, you authorize Field Day to deduct any sums due and owing from your payment source(s).
Right to Refuse Service
Field Day, in its sole discretion and without any liability to it, reserves the right to refuse service to any person or entity.
Consent and Survival of Agreement
Reports of Abuse
Retention of Records
You agree to comply with all applicable governmental laws, ordinances, rules, and regulations related to the retention of records. Under no circumstances will Field Day be liable to you for your failure to retain necessary records, nor will Field Day’s (non-)retention of records act to alleviate your duty under the law.
Notices and Communication
Notices that you send to us must be delivered via first class mail to the following address:
Field Day Ridgedale
12401 Wayzata Blvd., Suite 1145
Minnetonka, MN 55305
You may also send us notices to Field Day so long as you place “LEGAL NOTICE” in the subject line of the email.
You authorize us to send any notices to you based on the information you provide us. We are not responsible if you fail to keep your contact information up to date.
Choice of Law, Jurisdiction and Venue
All purchases from Field Day are deemed made within the State of Minnesota.
Exclusive Remedy and Damages Cap
Time Limitations For Action
Unless prohibited by law, you agree that any cause of action arising out of or related to the services provided to you by Field Day must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Waiver of Jury Trial
No Third Party Beneficiaries
Except as expressly provided herein, nothing in this TOU is intended to confer upon any third-party any rights, remedies, obligations, or liabilities.
Restriction of Assignment
You may not assign any of your rights or delegate any of your duties under this TOU without the prior written consent from Field Day. Any attempt by your creditors or another third-party to obtain an interest in your rights under this TOU Policy is voidable at Field Day’s option.
Successors and Assigns
Except as otherwise expressly provided herein, this TOU shall bind and inure to the benefit of the successors, assigns, heirs, executors and administrators of the parties hereto.
No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this TOU shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No failure or delay by Field Day in exercising any right, power or privilege hereunder shall operate as a waiver. Similarly, Field Day’s election to not assert its rights under this TOU shall not preclude Field Day from asserting its rights in the future.
Severability of Terms
If Field Day prevails in any action, suit, or proceeding arising from or based upon this TOU, Field Day shall be entitled to recover its reasonable attorneys’ fees in connection therewith in addition to court costs and other fees and disbursement incurred in such action, suit, or proceeding.
The headings in this TOU are for convenience only. The heading of any section shall not affect the interpretation of any provision of the rights or obligations of the parties.
FIELD DAY DOES NOT OFFER LEGAL ADVICE OR SERVICES TO USERS. USERS OF THE SITE SERVICES ARE ENCOURAGED TO OBTAIN THEIR OWN COUNSEL REGARDING THEIR RIGHTS AND RESPONSIBILITIES UNDER THIS TOU AND ANY AGREEMENT ENTERED INTO WITH ANY THIRD-PARTY. FURTHER, FIELD DAY DOES NOT PROVIDE ANY LEGAL ADVICE OR WARRANTIES REGARDING THE LEGALITY OF THE TERMS AND CONDITIONS CONTAINED WITHIN AGREMENTS BETWEEN USERS OF THIS SITE.
Field Day, LLC
12401 Wayzata Blvd, Ste. 1145
Minnetonka, Minnesota 55305