Closing Account

At the request of the User, Field Nation will close out the user account, disabling all future use of it. However, you understand and agree that Field Nation will not delete any information, as it is required to report such information to 3rd parties including (but not limited to) law enforcement authorities investigations, IRS investigations,  or for Field Nation's own auditing purposes.

Relationship of The Parties

This Agreement does not create a franchise, joint venture or partnership between the parties. Neither party hereunder is the agent, broker, partner, employee, or legal representative of the other for any purpose, except that Field Nation is the Virtual Marketplace for Technician and Buyer in bringing the two, or more, parties together using the Web Site.  Field Nation shall act as a fiduciary for Buyer and Technician for the limited purpose of collecting and disbursing funds.  For all other purposes, the parties are independent contractors.

Fees And Payments

a) Technician agrees to pay to Field Nation, LLC a "Service Charge" (as defined below). "Service Charge" shall be a percentage of the payment owed to the Technician by any Buyer for the work order Technician accepts. Such Service Charge shall be retained by Field Nation from the payment received from Buyer.

b) You are responsible for payment and reporting of any taxes. Other than in connection with 1099 services, Field Nation is not obligated to determine the applicability of any taxes or to remit, collect or report any such applicable taxes, unless otherwise agreed to by both parties pursuant to the terms of any provision of tax services provided to you by Field Nation.

c) Field Nation reserves the right to change Service Charge to Buyer or Technician at any time. Our changes to the policy are effective immediately upon posting on the Web Site. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service.

Taxes, Reporting And Legal Responsibilities

Each User is solely responsible for satisfying any income tax, VAT, payroll tax, payroll withholding, sales and use tax, governmental reporting and other legal requirements under applicable law, including without limitation those applicable to the purchase and sale of Services from and by independent contractors.

   You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Virtual Marketplace and your listing, purchase, solicitation of offers to purchase, and sale of items and, sale and performance and receipt of services.

Your Responsibilities As A User, Partner or Member

Entities or individuals seeking technicians and technicians seeking service opportunities may use the FieldNation.com Web Site only for lawful purposes. You must not use (or plan, encourage or help others to use) this Web Site for any purpose or in any manner that is prohibited by these Terms or by applicable law.

It is YOUR RESPONSIBILITY to ensure that your use of this Web Site complies with these Terms and to seek prior written permission from Field Nation, LLC for any uses not permitted or not expressly set forth herein.

Field Nation, LLC prohibits the use of the Web Site for any of the following:

1. Transmitting or posting any message, information, data, text, software or images, or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, sexually explicit, defamatory, vulgar, obscene, libelous, hateful, racially, ethnically or otherwise objectionable or invasive of another's right of privacy.

2. Impersonating any person or entity or to falsely state or to otherwise misrepresent your affiliation with a person or entity.

3. Posting or transmitting any Content that you do not have a right to reproduce, display or transmit under any law or under any contractual or fiduciary relationships (such as nondisclosure or confidentiality agreements) or that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party, person, or entity.

4. Posting or transmitting any Content that contains a virus or corrupted data.

5. Deleting any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature.

6. Using any device, software, or routine that interferes with or attempts to interfere with the proper functionality of this Web Site.

7. Posting or transmitting any unsolicited advertising, promotional materials, junk mail, chain letters, pyramid schemes, franchises, or other business opportunity which requires up-front or periodic payment or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise.

8. Violating any applicable local, state, national or international law.

9. Responding to any opportunity on this Web Site for any reason other than to apply for the job posted.

10. Contacting technicians registered on this Web Site for the sole purpose of independently recruiting them.

11. Attempting to decipher, decompile, disassemble or reverse engineer any of the software that makes up this Web Site.

12. Performing any activity on this Web Site that is expressly disallowed under a separate written agreement between you and Field Nation, LLC.

You agree to indemnify and hold Field Nation, LLC and its licensors harmless from any third party claim, damages or demand, including reasonable attorneys' fees, relating to or arising out of your violation of these Terms, your representations and warranties, or your violation of any rights of another.

Violations of these Terms may result in civil or criminal liability. Field Nation, LLC will investigate potential violations by involving and cooperating with law enforcement authorities and prosecuting any such violations.

Field Nation, LLC makes no claims that this Web Site and the content existing thereon may be lawfully viewed or downloaded outside of the United States. Access to this Web Site may not be legal by certain persons or in certain countries. If you access this Web Site from outside of the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.

Non-Disclosure Agreement

You will not disclose to any third parties any proprietary information of any other User or Field Nation unless such information is already in the public domain.

Intellectual Property Rights

Field Nation, LLC a Minnesota limited liability corporation, or its licensors are the owner of all intellectual property rights (including copyrights) in this Web Site. Material, including without limitation, text, graphics, images, logos, buttons, icons, and software, published by us on this Web Site may contain other proprietary notices or describe products, services, processes or technologies owned by us or third parties. Except as expressly set forth herein, nothing in these Terms or in this Web Site shall be construed as granting to you a license under any copyright, trademark, patent or other intellectual property right of Field Nation, LLC (or its licensors) or any third party.

FieldNation.com and all related product and service names, design marks, and slogans are the trademarks or service marks of International Business Support, Inc and its licensors. All other product and service marks contained herein are the trademarks or service marks of their respective owners.

U.S copyright laws and international treaties protect the editorial content and graphics on this Web Site, as well as the computer programs used to generate these pages and this Web Site. Therefore, editorial content and graphics may not be copied or re-used without the express written permission of Field Nation, LLC, which reserves all rights. Please direct any requests for permission to us; click here to send a message. The deletion or alteration of any copyright or other proprietary notices from this Web Site is strictly forbidden.

Monitoring The Content of Our Web Site

Field Nation, LLC strives for perfection; however, please be aware that the information, software, products, and services published on this Web Site may include inaccuracies, typographical errors, or untimely information. Changes are made and items and information are added to the Web Site from time to time at the sole discretion of Field Nation, LLC

Field Nation, LLC is under no obligation to monitor the information existing on or transmitted via this Web Site. However, you agree that Field Nation, LLC may monitor the content of the Web Site to (1) comply with any applicable laws, regulations or other government requests; (2) to operate the Web Site properly or to protect itself and its customers; and (3) for such other purposes as it may deem reasonably necessary or appropriate from time to time.

Field Nation, LLC  has the right, but not the obligation, to edit, modify, refuse to post, reject, eliminate or remove any information existing on or transmitted to its Web Site that it, in its sole discretion, believes is unacceptable or in violation of these Terms or may create liability or may cause Field Nation, LLC to lose the services of its ISPs or other suppliers. Likewise, Field Nation, LLC shall have the right to terminate your ability to access this Web Site at any time without notice.

Links And Connections to Other Parties And Other Sites

This Web Site may contain links or other connections to web sites operated by parties other than Field Nation, LLC. These links, if any, are provided for convenience only and Field Nation, LLC is not responsible for the privacy policies or the content of such web sites nor does any inclusion of such links imply any endorsement of the material on them or any association with their owners or operators. Nothing on this Web Site shall be deemed to be an endorsement, representation, or warranty with respect to any third party web site.

Release

Because we are a venue serving Technicians and Buyers, in the event that you have any dispute with or claim against one or more Users, you release Field Nation, LLC (and our officers, members, agents, subsidiaries, joint ventures and employees) from all claims, demands and damages (actual 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 such disputes. You hereby waive California Civil Code §1542 (and any analogous law in any other applicable jurisdiction), 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."

Disclaimers, Warranty Exclusions & Limitation of Liability

FieldNation.com serves only as a venue for technicians to register and for companies or individuals to hire these technicians as contractors to perform certain services and does not screen the technicians, the job listings or any other products, services or information offered. As a result, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEB SITE. THIS WEB SITE AND THE INFORMATION THEREIN ARE PROVIDED TOTALLY WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY FIELD NATION, LLC, ITS LICENSORS, AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES SHALL MODIFY THE FOREGOING OR CREATE A WARRANTY OF ANY TYPE.

FIELD NATION, LLC AND ITS LICENSORS EXPRESSLY DISCLAIM ANY WARRANTY THAT THE INFORMATION ON THIS WEB SITE WILL BE UNINTERRUPTABLE OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS WEB SITE IS FREE OF VIRUSES OR OTHER HARMFUL EFFECTS. IF YOUR USE OF OUR WEB SITE CAUSES YOUR EQUIPMENT OR DATA TO BE SERVICED OR REPLACED, FIELD NATION, LLC AND ITS LICENSORS ARE NOT RESPONSIBLE FOR THOSE COSTS OR ANY COSTS OR DAMAGES RELATED THERETO.

THE INFORMATION ON THIS WEB SITE IS PROVIDED ON AN "AS IS" BASIS. FIELD NATION, LLC DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT, SOFTWARE OR PROCESS USED OR DISCLOSED ON THIS WEB SITE OR ANY OTHER MATERIAL ACCESSIBLE FROM THIS WEB SITE.

EMPLOYERS, ADVERTISERS AND OTHER PARTNERS AND MEMBERS ARE SOLELY RESPONSIBLE FOR THEIR POSTINGS ON THIS WEBSITE.

FIELD NATION, LLC MAKES ABSOLUTELY NO WARRANTIES THAT YOU WILL OBTAIN ANY JOBS IN THE EVENT YOU REGISTER TO USE THIS WEB SITE AS A SERVICE PROVIDER, NOR DO WE MAKE ANY WARRANTIES ABOUT (AND TAKE NO RESPONSIBILITY FOR) ANY JOB YOU MAY OBTAIN. IN ADDITION, FIELD NATION, LLC HAS NO CONTROL OVER THE FOLLOWING:

1. THE QUALITY, SAFETY, OR LEGALITY OF THE JOBS LISTED OR OVER THE TECHNICIANS APPLYING FOR SUCH JOBS;

2. THE TRUTH OR ACCURACY OF THE TECHNICIAN INFORMATION POSTED ON OUR WEB SITE;

3. THE ABILITY OF OUR CUSTOMERS TO OFFER LEGITIMATE SERVICE JOBS; OR,

4. THE QUALITY, SKILLS, OR SUITABILITY OF THE TECHNICIANS LISTED ON THIS WEB SITE.

USE COMMON SENSE AND CAUTION WHEN USING THIS WEB SITE. AUTHENTICATION OF USERS OF THIS WEB SITE AND THE INTERNET IN GENERAL IS DIFFICULT. AMONG THE MANY RISKS INCLUDE THE RISK OF PHYSICAL HARM, OF DEALING WITH UNDERAGE PERSONS AND PERSONS ACTING UNDER FALSE PRETENSES.

IN NO EVENT SHALL FIELD NATION, LLC, ITS LICENSORS, EMPLOYEES, AGENTS, AFFILIATES, OR ANY THIRD PARTIES MENTIONED ON THIS WEB SITE BE LIABLE FOR ANY DAMAGES (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE IT OR ANY LINKED SITES OR FOR DAMAGES RESULTING IN BUSINESS INTERRUPTION OR THE LOSS OF DATA), OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SYSTEM, OR OTHERWISE ARISING OUT OF THE USE OF THIS OF THIS WEB SITE, OR ON ANY OTHER BASIS (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHER LEGAL THEORY), EVEN IF FIELD NATION, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnify

You agree to defend, hold harmless and indemnify Field Nation, LLC from and against any and all losses, costs, expenses, damages or other liabilities incurred by Field Nation, LLC from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against Field Nation: (a) in connection with your use of the services including any payment obligations incurred through use of the services; or (b) resulting from: (i) your use of the Web Site (ii) your decision to supply credit information via the Web Site, including personal financial information; (iii) your decision to submit postings and accept offers from other Users; (iv) any breach of contract or other claims made by Users with which you conducted business through the Web Site; (v) your breach of any provision of this Terms; (vi) any liability arising from the tax treatment of payments or any portion thereof; (vii) any negligent or intentional wrongdoing by any User; (viii) any act or omission of yours with respect to the payment of fees to any Technician; (ix) your dispute of or failure to pay any invoice or any other payment; and/or (x) your obligations to a Technician. Any such indemnification shall be conditioned on our: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.

Monitoring The Content of our Web Site

Termination

In the event your rights to use the Virtual Marketplace are terminated, then at such time you must cease all use of the Web Site. In such event you shall continue to be obligated to pay all Technicians for any assignment for which you have engaged such Technicians in order to complete any such transactions.

Your Liability For Violation of These Terms

Given the nature of these Terms, and the nature of the services and information provided in the Web Site you understand and agree that, in addition to money damages, Field Nation, LLC and its licensors will be entitled to equitable relief upon a breach of them by you. Further, you agree to defend, indemnify, and hold harmless Field Nation, LLC, its licensors, affiliates, officers, directors, employees, and agents, from and against any claims, actions, or demands, including but not limited to reasonable legal and accounting fees, resulting from your use of the this Web Site or your breach of these Terms and Conditions. Field Nation, LLC will provide notice to you promptly of any such claim, suit, or proceeding.

Force Majeure

In the event Field Nation's delivery of its services (including the availability of the System) is delayed, prevented or otherwise made impracticable by reason of any acts of God, floods, earthquakes, or other natural catastrophes; national emergencies, strikes, lockouts or other labor difficulties; computer "hacking" attack or computer virus; any law, order, regulation or other action of any governing authority; or any other cause beyond Field Nation's reasonable control, Field Nation shall be excused from such delivery to the extent that its delay is prevented by such cause.

Certain Legal Rights Are Not Diminished

Field Nation, LLC's performance of these Terms is subject to laws and legal processes, and nothing contained herein will diminish our right to comply with law enforcement requests or requirements relating to your use of our Web Site or information provided to or gathered by us with respect to such use.

Notices

All notices to Field Nation intended to have a legal effect concerning this Terms must be in writing and delivered either in person or by a means evidenced by a delivery receipt, to the following address:

Field Nation, LLC

Attn: Controller

310 4th Avenue South, Suite 8100

Minneapolis, MN 55415

Such notices to Field Nation are deemed effective upon receipt.

Entire Agreement

These Terms represent the entire binding agreement between us, and our respective successors and assigns, and supersede any and all prior understanding, statements or representations, whether electronic, oral or written, regarding the Web Site or the information and contents thereon. If you register as a Customer or a Technician, you will be asked to agree to additional terms related to those relationships. In the event of any conflict between such agreements and these Terms, the terms of those agreements will take precedence over these Terms. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The boldface paragraph headings in this Agreement are included for ease of reference only and have no binding effect. This Agreement and all documents referenced in the Terms of Service Agreement  comprise the entire agreement between you and Field Nation, LLC with respect to the use of this Web Site and supersede all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any Web site that link to or are linked from this Web Site.

Assignment

Field Nation, LLC has the right to transfer or assign this Agreement and the rights hereunder to any other person or entity without your consent. You do not have the right to assign or transfer this Agreement or any rights thereunder to any other person or entity without our prior written consent. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the successors and permitted assigns of the parties hereto.

Waivers of Any Obligation or Right

No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced.

Enforcement, Interpretation Etc.

These Terms shall be governed by relevant Minnesota and federal laws, without respect to conflicts of law principles, and, for any action or dispute, irrevocable consent is hereby granted by both parties to the exclusive jurisdiction and venue in the state and federal courts located in Hennepin County, Minnesota, U.S.A. Use of this Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including this paragraph. Notwithstanding the foregoing sentence, these Terms shall be severable and construed to the extent of their enforceability in light of the parties' mutual intent if deemed at all unenforceable by a competent court.

Modifications