Terms of Use

This is fieldsheershop.com (the “Website”). Before going further, please go through these Terms of Use. They lay out key points about how you and we deal with each other, including restrictions that apply when you use the Website or the FS Connect App (the “App”). They also cap what we can be held responsible for when things go wrong, explain that disputes get resolved through binding arbitration, and state that you give up any ability to join a class action.

Fieldsheer (“Company,” “Us,” “Our”) owns and runs both the Website and the App. When you visit, use, or purchase through the Website, or install the App, you accept every provision of these Terms of Use ("Terms"). Anyone who visits or uses any portion of the Website or the App (together, "Users") is covered by these Terms. Should you be unwilling to take them on, please do not visit, use, or order from the Website, and do not install, open or use the App. Should you disagree with these Terms, remove the App from your phone immediately.

We may modify these Terms whenever we choose, with no advance warning. Please review them each time you use the Website or install the App. A modification becomes effective on the day it is published. If you keep using the Website or the App after an update, you are agreeing to all of the new or amended provisions.

1. Who May Browse and Buy. Neither our Website nor our App is directed to people younger than 18, and neither is meant for their use. When you use either one, you confirm and guarantee that you have reached the age of 18. Anyone younger than 18 must not visit the Website, order from it, or install the App. The Website and the App are also run from the United States. Even if you reside elsewhere, you accept that the laws of the United States, and in particular those of California, govern our relationship for every purpose.
2. Privacy Policy Included. A Privacy Policy is published on our Website and describes how we gather and use data. It forms part of these Terms, applies to both of us, and we recommend that you read it.
3. Updates to the Website and the App. You acknowledge and accept that we may alter the Website and the App, along with any products or features offered through them, whenever we see fit and without warning. Every such alteration remains governed by these Terms.
4. Permission to Use and Copy. We give you a restricted permission to use the material on the Website and the App for your own personal purposes. That permission does not cover: (a) reselling or using any of the Website or App content commercially; (b) gathering and reusing product listings or descriptions found on the Website or the App; or (c) applying data mining, bots, or comparable tools that gather or extract data from the Website or App.
5. Who Owns the Intellectual Property. Between you and us, the Website and App belong to us or to those who license them to us. That covers all photos, images, text, graphics, icons, audio clips and software, any enhancements, changes or derivative works built from them, and every copyright, trademark and other intellectual property or ownership right in any of it. These Terms give you no right, title or interest in any copyright, trademark or other ownership right held by us or our licensors. They likewise give you no license or right to any patent or other ownership right of ours covering the products sold through the Website and App.
6. Limits on How You Use the Website. Without narrowing any other clause of these Terms, you promise not to: (i) download, change, copy, adapt, translate, decompile, build derivative works from, publicly show, sell, rent, license, or otherwise exploit for commercial gain any part of the Website, the App or their content; (ii) delete any copyright, trademark or other ownership notice found in or on the Website or App; (iii) employ any robot, spider, search tool or other mechanism to fetch or index any part of the Website or App; (iv) transmit to our site, or upload there, any program or code carrying a worm, virus, defect, software bomb, Trojan horse or any other element designed to harm or weaken the performance of the Website or App or of any computer used to reach them; (v) use the Website, on purpose or by accident, to break any local, state, federal or international law that applies; or (vi) gather or keep personal information about other people as part of the banned activities described in this Section.
7. DMCA Notice. Should you believe that something on the Website or the App infringes your copyright, mail a written infringement notice to the copyright agent we have designated, using the contact details given below. Under the Digital Millennium Copyright Act (as provided in 17 U.S.C. §512), your notice has to include this information:

7.1. Identification of the copyrighted work that you say has been infringed;

7.2. Identification of the place on the Website or App where the allegedly infringing material can be found;

7.3 Your full name, mailing address, phone number and email address;

7.4. Your statement that you believe in good faith that the challenged use was not permitted by the copyright holder, the holder’s agent, or legal rules;

7.5. Your statement, made under penalty of perjury, that the details in the notice are correct and that you either own the copyright or have authority to act for the owner; and

7.6. The physical or electronic signature of a person with authority to act for the copyright owner.

You can reach our designated copyright agent at: Copyright Agent, Fieldsheer, contact@fieldsheershop.com.

8. Warranty and Warranty Disclaimer

8.1 Limited Warranty. Fieldsheer promises that its products are free from flaws in materials and workmanship throughout the product’s Warranty Period. That period starts on the day the product was first bought. The Limited Warranty reaches only the first buyer and does not pass to anyone who acquires the product later. For as long as the first buyer owns it, every Fieldsheer product is protected by a limited warranty from the date of original purchase. Every garment and accessory has a Limited Two Year Warranty, within the limits set out below.

If a claim is made during the Warranty Period, Fieldsheer will supply a replacement for any faulty product part at no charge. Should part of your Fieldsheer product stop working due to a flaw in materials or workmanship, email contact@fieldsheershop.com to submit a warranty claim. We will go over the issue with you and, in our own judgment, decide whether the warranty applies. Replacement parts will be sent to you within 72 hours, free of charge. Fieldsheer accepts no liability whatsoever for damages resulting from using, or being unable to use, its products, even if Fieldsheer was told such damages were possible. FIELDSHEER, WITHIN THE WIDEST SCOPE THE LAW ALLOWS, REFUSES RESPONSIBILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. THE LIMITED WARRANTY IS CANCELLED AUTOMATICALLY IF YOUR FIELDSHEER PRODUCT IS ALTERED IN ANY MANNER, WORN OR USED INCORRECTLY, PUSHED PAST ITS RATED CAPACITY, OR IS OTHERWISE MISUSED OR ABUSED. BATTERIES ARE NOT COVERED ONCE NINETY (90) DAYS HAVE PASSED, BECAUSE THEY WEAR DOWN NATURALLY THROUGH USE. TO THE FULLEST DEGREE THE LAW ALLOWS, FIELDSHEER REJECTS ALL OTHER WARRANTIES, WHETHER STATED OR IMPLIED, WHICH INCLUDES WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR ANY SPECIFIC USE. NO STATED OR IMPLIED WARRANTY WILL EVER RUN LONGER THAN THE DURATION GIVEN ABOVE (“WHAT THE PERIOD OF COVERAGE IS”). Certain states refuse to permit disclaimers of implied warranties or caps on their duration, so these restrictions might not be applicable to you. Fieldsheer is not responsible for any damages at all that result from using or being unable to use its products, even when Fieldsheer was advised that such damages could occur. To the fullest degree the law allows, Fieldsheer rejects responsibility for incidental or consequential damages (for example, what it costs to repair or replace other belongings harmed when the device malfunctions). Certain states do not permit excluding or capping incidental or consequential damages, so the limitation or exclusion above might not be applicable to you.

8.2 Warranty Disclaimer. OTHER THAN AS STATED IN SECTION 8.1, YOU AGREE EXPRESSLY THAT YOU USE THE WEBSITE AND THE APP, AND EVERYTHING FOUND OR DESCRIBED ON THEM, MEANING CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS AND ALL OTHER MATERIALS, IS USED ENTIRELY AT YOUR OWN RISK. YOU FURTHER AGREE THAT EACH ITEM OF INFORMATION AND EVERY MATERIAL OF THIS KIND IS SUPPLIED "AS IS" AND "AS AVAILABLE." WHATEVER THE LAW ALLOWS, WE GIVE NO REPRESENTATIONS OR WARRANTIES OF ANY SORT, STATED OR IMPLIED, REGARDING THE AVAILABILITY, OPERATION OR USE OF THE WEBSITE AND APP, WHICH INCLUDES, WITHOUT LIMIT, EVERY ITEM OF CONTENT, SERVICE, PRODUCT, AND OTHER INFORMATION OR MATERIAL SHOWN OR EXPLAINED THERE, AND WE DISCLAIM ALL OF THEM. WE ALSO REJECT ANY STATED OR IMPLIED WARRANTY OF MERCHANTABILITY, SUITABILITY FOR A SPECIFIC PURPOSE, OR NON-INFRINGEMENT, AS WELL AS ANY IMPLIED WARRANTY THAT ARISES FROM HOW PARTIES HAVE DEALT OR PERFORMED BEFORE. WE ALSO DO NOT PROMISE THAT THE INFORMATION AND CONTENT REACHABLE VIA THE WEBSITE OR APP IS CORRECT, FULL OR UP TO DATE, AND WE BEAR NO RESPONSIBILITY FOR MISTAKES OR GAPS IN IT OR FOR ANY HARMFUL RESULT FROM USING, BEING UNABLE TO USE, OR RELYING ON ANY PART OF THE WEBSITE, ITS CONTENT, SERVICES, PRODUCTS AND ANY OTHER DATA OR MATERIALS FOUND OR DESCRIBED ON THEM. WE ALSO GIVE NO ASSURANCE THAT THE WEBSITE OR APP WILL RUN WITHOUT INTERRUPTION, STAY SECURE, OR BE CLEAR OF ERRORS, VIRUSES OR OTHER HARMFUL ELEMENTS. NO GUIDANCE OR INFORMATION, SPOKEN OR WRITTEN, THAT YOU RECEIVE FROM US OR OUR CUSTOMER SERVICE GIVES RISE TO A WARRANTY THAT THESE TERMS DO NOT EXPRESSLY STATE.

9. Limit of Liability. UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, MANAGERS OR AGENTS, OR ANYONE REPRESENTING THEM, OWE YOU OR ANYONE ELSE COMPENSATION FOR DAMAGES OF ANY TYPE (SUCH AS, WITHOUT LIMIT, DAMAGES THAT ARE DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL, AND DAMAGES FOR LOST PROFITS, GOODWILL OR REVENUE, DISRUPTED BUSINESS, OR LOST DATA) THAT RESULT FROM USING, REACHING, DEPENDING ON, THE UNAVAILABILITY OF, BEING UNABLE TO USE, OR WRONGLY USING THE WEBSITE OR APP, INCLUDING USER-SUBMITTED CONTENT, REVIEWS, GUIDANCE, SERVICES, PRODUCTS AND ANY OTHER DATA OR MATERIALS FOUND OR DESCRIBED ON THEM. THAT LIMIT COVERS DAMAGES OF EVERY KIND FROM THE EXPOSURE OR MISUSE OF YOUR PERSONAL DATA, EVEN WHERE WE WERE TOLD THAT SUCH DAMAGES MIGHT HAPPEN, AND WHATEVER THE TYPE OF LAWSUIT, BE IT CONTRACT, TORT OR ANYTHING ELSE. IN EVERY CASE, THE MOST WE CAN OWE IS CAPPED AT THE PRICE YOU PAID FOR THE PRODUCT YOU PURCHASED THROUGH THE WEBSITE OR APP, OR, IF MORE, US$100.00 (ONE HUNDRED DOLLARS). THAT CEILING HOLDS EVEN IF A LIMITED REMEDY HERE FAILS OF ITS ESSENTIAL PURPOSE. BOTH SIDES NEGOTIATED AND ACCEPTED THIS CLAUSE.
10. Indemnification. You promise to defend and protect us and our licensors and affiliates, together with their representatives, agents, employees, managers, members, officers and directors, from any loss, cost, expense or damage of any kind (including attorneys’ fees and court costs among them) that stems from a claim, lawsuit, action or demand by a third party based on, caused by or tied to (i) your reaching or using the Website or App, or (ii) your breach of these Terms of Use.
11. Advertisements and Third Party Website Links. Now and then we may show advertisements from outside parties on the Website or App, whether as a banner, a link, a pop-under or a pop-up. We accept no responsibility for what those ads or links contain, nor for any products, services or other materials connected to them or to any click-through or linked sites. We receive payment solely for showing the ad, and showing or linking to it does not mean or suggest that we back those products, services or sites. WE WILL NOT, UNDER ANY CIRCUMSTANCES, OWE ANYONE COMPENSATION, DIRECT OR INDIRECT, FOR ANY HARM, SUCH AS COMPENSATORY OR PUNITIVE DAMAGES, OR FOR ANY LOSS THAT RESULTS FROM OR RELATES TO THOSE ADS, LINKS OR SITES.
12. Placing an Order.

12.1. Online Orders. Buying on the Website is simple. Put your items in the cart and go to checkout. Our authorized, qualified payment processor takes care of your billing details, shipping details and payment method. When your payment clears, an “Order Confirmation” screen appears to show we have your order, together with your order confirmation number. Within 24 hours, a confirmation email will land in your inbox to say your order has been processed. That email works as your receipt, listing the confirmation number, the item you bought and your shipping and delivery information. For questions about your order or to change it, reach Customer Service at contact@fieldsheershop.com.

12.2. Out-of-stock products. At times a product sells faster than we can supply it. In that case, give us your email address, and we will tell you the moment more units arrive.

12.3. Taxes. The law obliges us to collect every tax that applies to the place your order is sent. The checkout page displays an estimated sales tax along with your order total. Your card will be charged the actual state and local taxes that apply.

12.4. Shipping. We add no markup to shipping rates or brokerage fees. We bargain for the best shipping rates available and pass them along to you as they are. Our products leave from one or more Fieldsheer authorized fulfillment warehouses. Expect your package within 3 - 7 days after ordering, depending on where it is headed and the shipping method chosen. Processing can take up to 24 business hours. Should your package show up damaged, get in touch with our customer service at contact@fieldsheershop.com.

13. Cancellations and Returns.

13.1. Cancellations. Fieldsheer aims for outstanding customer service, and so most orders are packed and ready to ship within hours after they are placed. For that reason, every sale made on our website is final. Still, if you placed an order only moments ago and wish to cancel, write to customer service at contact@fieldsheershop.com; provided the order has not left yet, we will try our best to honor your request. If it is too late to cancel the order, you can still be refunded by following the Return and Refund Policy in section 13.2 below.

13.2. Return and Refund Policy. For products bought directly on our website, Fieldsheer promises 100% satisfaction for 30 days after purchase, or you get your money back. Whenever you are not happy with a product, you can send it back to Fieldsheer within thirty (30) days of the date we shipped it, and receive either a replacement or a complete refund of the price paid, minus shipping and handling. To get your refund, do the following:

(a) The product has to be in the condition you received it, inside its original packaging. A receipt or other proof of purchase is also required.

(b) Email our Customer Service Center at contact@fieldsheershop.com and ask for a Returned Material Authorization (“RMA”) number.

(c) Write the RMA number you are given clearly on the outside of the return package. Our returns department is unable to handle packages lacking an RMA number, and packages sent back without one, even those labeled “Return to Sender”, will not be refunded. Customer Service will give you the return address.

(d) Ship the product back in the original packaging, using a service that offers delivery confirmation or signature confirmation. The cost of sending any product back is yours to bear.

(e) We must get the returned product no later than fifteen (15) days from the day your RMA number reaches you.

(f) A refund goes only to the card that paid for the order. Expect it to take roughly 7 to 14 business days to arrive. The refund covers the product price only; shipping and handling cannot be refunded.

14. Confidential Binding Arbitration. By accepting these Terms, you and we both give up our rights to a jury trial and to take part in a class action.

14.1 EVERY DISPUTE THAT ARISES BETWEEN YOU AND US IN ANY WAY CONNECTED TO THE WEBSITE OR APP AND THE PRODUCTS BOUGHT THROUGH THEM (SUCH AS, WITHOUT LIMIT, ORDERS PLACED ON THE WEBSITE OR APP, ADS AND DISCLOSURES TIED TO THEM, EMAILS SENT BY US TO YOU, OR HOW INFORMATION ABOUT YOU IS GATHERED OR USED ALONGSIDE THE WEBSITE OR APP), THESE TERMS, OR YOUR STANDING AS A USER, SHALL GO TO CONFIDENTIAL ARBITRATION IN CALIFORNIA. THE ONE EXCEPTION IS THAT YOU HAVE BREACHED OR THREATENED TO BREACH OUR INTELLECTUAL PROPERTY RIGHTS; IN THAT SITUATION WE MAY FILE FOR AN INJUNCTION IN A PROPER STATE, DISTRICT OR FEDERAL COURT TO HALT THE VIOLATION, AND NO BOND NEEDS TO BE POSTED.

14.2. Before pursuing arbitration, you have to deliver a written Notice of Dispute ("Notice") to contact@fieldsheershop.com, marked for the attention of Legal Counsel. The Notice needs to explain what the claim or dispute is about, why it is raised, and the particular relief requested. If the two sides cannot settle the matter within thirty (30) days of our receiving the Notice, either one may start arbitration.

14.3. Any arbitration these Terms call for will follow the American Arbitration Association rules. The arbitrator’s decision is binding, and any court with proper jurisdiction may enter it as a judgment. As far as the law permits, an arbitration begun under these Terms cannot be combined with an arbitration that involves another party bound by these Terms, whether as a class arbitration or in some other form. Unless you and we both consent otherwise, the arbitrator cannot merge your claim with anyone else’s and cannot preside over any kind of class, representative or private attorney general proceeding.

14.4. Each side pays half of the arbitration costs, such as administrative charges and the fees and costs of the hearing and the arbitrator, excluding whatever either side spends on its own lawyers, experts or witnesses. In favor of the winning side, the arbitrator may order a payment or equitable relief, which can include that side’s costs and attorney fees. In order to save time and money, the arbitrator need not explain the reasons behind the award unless every party asks for an explanation.

14.5. AS FAR AS THE LAW PERMITS, YOU AGREE NOT TO ACT AS A CLASS REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY REPRESENTATIVE CAPACITY AT ALL, AND NOT TO JOIN A CLASS OF CLAIMANTS IN ANY SUIT AGAINST US, IN COURT OR ARBITRATION, ON ANY CLAIM THAT IS CONNECTED IN ANY MANNER TO US OR THE WEBSITE OR APP, SUCH AS, WITHOUT LIMIT, ORDERS PLACED ON THE WEBSITE OR APP, OUR ADS AND DISCLOSURES, EMAIL, OR HOW INFORMATION ABOUT YOU IS GATHERED OR USED ALONGSIDE THE WEBSITE OR APP, THESE TERMS, OR YOUR STANDING AS A BUYER OF OUR PRODUCTS OR SERVICES. SECTION 14 REMAINS IN FORCE AFTER THE RELATIONSHIP BETWEEN YOU AND US ENDS.

15. Governing Law. If you visit the Website, install the App, or order products through the Website or App, you accept that California law, ignoring its conflict of laws rules, controls these Terms and every dispute of any nature between you and us.
16. General Terms. These Terms do not create an agency, partnership, joint venture or employment relationship. They make up the complete agreement between us. If we do not exercise or enforce a right or provision of these Terms, that does not waive the right or provision. Should a provision of these Terms be held invalid or unenforceable, it will be narrowed or removed only as far as necessary, and the remainder of the Terms stays fully effective and enforceable. You may not assign, transfer or sublicense these Terms without first obtaining our written consent. Headings are included for convenience alone and carry no legal or contractual weight. The Privacy Policy posted on our Website is part of these Terms by reference.
17. Contact Information. Questions or comments? You are welcome to contact Fieldsheer at contact@fieldsheershop.com.