Terms & Conditions
Additional terms, conditions, or restrictions may apply to some services offered on the Sites and may be found at the place where the relevant service is offered (“Additional Terms”). By using those services, you agree to the Additional Terms. The Additional Terms are incorporated into these Terms, and any reference to these Terms includes the Additional Terms. To the extent that there is a conflict between these Terms and the terms, conditions or restrictions particular to an area of the Sites, the terms, conditions or restrictions of a particular area of the Site will govern.
We reserve the right to withdraw or amend the Sites, and any service or material we provide on the Sites, in our sole discretion without notice. We will not be liable if for any reason all or any part(s) of the Sites are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Sites, or the entirety of the Sites, to users, including registered users.
You are responsible for both:
- Making all arrangements necessary for you to have access to the Sites.
All of the content that you see and hear on the Sites, including information, software, text, displays, graphics, logos, designs, page headers, page footers, images, illustrations, audio clips and video clips (collectively, the “Content”), is owned by Fields & Table or third parties who have licensed the Content to Fields & Table. The collection, design, arrangement, and assembly of all Content on the Sites is the exclusive property of Fields & Table and is protected by United States and international copyright, trademark and other laws. Fields & Table and its suppliers and licensors expressly reserve all intellectual property rights in all Content.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features, including but not limited to https://www.facebook.com/fieldsandtable and https://instagram.com/fieldsandtable, with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Sites.
You must not access or use for any commercial purposes any part of the Sites or any services or materials available through the Sites.
If you wish to make any use of material on the Sites other than that set out in this section, please address your request to email@example.com.
The Fields & Table name, the Fields & Table logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Fields & Table or its affiliates or licensors. You must not use such marks without the prior written permission of Fields & Table. All other names, logos, product and service names, designs, and slogans on the Sites are the trademarks of their respective owners.
We welcome your reviews, comments, suggestions and other content that you submit to us (“User Content“).
You agree that any User Content will be accurate and will not:
- Violate or facilitate the violation of any law or regulation;
- Exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
- Violate any right of a third party, including copyright, trademark, privacy, or publicity rights;
- Impersonate or attempt to impersonate Fields & Table, a Fields & Table employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
- Cause injury to any person or entity;
- Transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
- Contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of “spam”, or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading; and
- Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Fields & Table or users of the Website, or expose them to liability.
You are solely responsible for the User Content you submit, and we assume no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party.
Any User Content you post to the Sites will be considered non-confidential and non-proprietary. For any User Content you submit, you grant to us a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you.
You represent and warrant that:
- You own or control all rights in and to the User Content and have the right to grant the license granted above to us and any of our affiliates and service providers, and our respective licensees, successors, and assigns.
You grant to us the right to use the name that you submit with the User Content, but we have no obligation to use the name with the User Content. You irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.
Content is also provided by third party visitors to the Sites. Please note that Sites’ visitors may post content that is inaccurate, misleading, or deceptive. We neither endorse nor are we responsible for any opinion, advice, information, or statements made by third parties. We will not be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted them and may not reflect our opinions.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Content for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Sites.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites. YOU WAIVE AND HOLD HARMLESS FIELDS & TABLE AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY FIELDS & TABLE/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER FIELDS & TABLE/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Sites and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Content and use of any interactive services available through the Sites. User Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Reliance on Information Posted
The information on the Sites may contain errors or inaccuracies and may be incomplete or outdated. We therefore reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to product image, product description, pricing, and availability. Pricing may vary based on availability or location. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites, or by anyone who may be informed of any of its contents.
Limitations on Quantity
We reserve the right to limit quantities to normal retail purchases (including after you submitted your order). Additionally, Fields & Table reserves the right not to sell any products to individuals or businesses that appear to be resellers (as determined in Fields & Table’s sole discretion).
Creating an Account
Passwords, PINs and Security
If you use a password or PIN to access the Sites, you are responsible for maintaining the confidentiality of the password and PIN and for restricting access to your accounts. You accept responsibility for all activities that occur on your account or with your password and/or PIN. In the event that the confidentiality of your accounts, password, or PIN is compromised in any manner, you will notify us immediately. We reserve the right to take any and all action that we deem necessary or reasonable to ensure the security of the Sites and your account, including without limitation, terminating your account, changing your password and/or PIN, or requesting information to authorize transactions on your accounts. Notwithstanding the above, we may rely on the authority of anyone accessing your accounts or using your passwords or PIN and in no event will Fields & Table be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of us under this provision, (ii) any compromise of the confidentiality of your accounts, passwords, or PINs, and (iii) any unauthorized access to your accounts or use of your passwords or PINs. You agree to defend, indemnify and hold Fields & Table harmless from and against all third-party claims, damages, and expenses (including reasonable attorney’s fees) against or incurred by Fields & Table arising out of your use or access of the Sites or any breach of these Terms.
Links to Other Websites or Third-Party Information
Fields & Table makes no representations whatsoever about any other website or information provided by a third-party that you may access through the Sites. These materials do not necessarily reflect the opinion of Fields & Table. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. When you access a non- Fields & Table website, please understand that it is independent from Fields & Table, and that Fields & Table has no control over the content on that website. In addition, a hyperlink to a non- Fields & Table website does not mean that Fields & Table endorses or accepts any responsibility for the content or use of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party websites linked to the Sites, you do this entirely at your own risk.
THE SITES ARE OPERATED AND RUN ON AN “AS IS,” “AS AVAILABLE” BASIS. FIELDS & TABLE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITES (COLLECTIVELY THE “SITES’ CONTENT”). TO THE FULLEST EXTENT PERMITTED BY LAW, FIELDS & TABLE DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITES AND SITES’ CONTENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. YOU ACKNOWLEDGE BY YOUR USE OF THE SITES THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK.
DISCLAIMERS –– HEALTH, WELLNESS, AND NUTRITION PAGES
THE INFORMATION CONTAINED IN ANY HEALTH, WELLNESS, AND NUTRITION PAGES IS INTENDED AS AN EDUCATIONAL AID ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT. IT IS NOT A SUBSTITUTE FOR A MEDICAL EXAM, NOR DOES IT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS. TALK TO YOUR DOCTOR BEFORE TAKING ANY PRESCRIPTION OR OVER THE COUNTER DRUGS (INCLUDING ANY HERBAL MEDICINES OR SUPPLEMENTS) OR FOLLOWING ANY TREATMENT OR REGIMEN. ONLY YOUR DOCTOR CAN PROVIDE YOU WITH ADVICE ON WHAT IS SAFE AND EFFECTIVE FOR YOU.
THE INFORMATION CONTAINED IN ANY HEALTH, WELLNESS, AND NUTRITION PAGES CONCERNING HERBAL MEDICINE CONTAINS INFORMATION ABOUT HERBAL THERAPIES AND OTHER DIETARY SUPPLEMENTS, WHICH ARE NOT REGULATED IN THE UNITED STATES BY THE FOOD AND DRUG ADMINISTRATION. ADDITIONALLY, THE MANUFACTURE AND DISTRIBUTION OF HERBAL SUBSTANCES IS NOT REGULATED IN THE UNITED STATES. YOU SHOULD DISCUSS USE OF THESE SUBSTANCES WITH YOUR DOCTOR PRIOR TO TAKING ANY HERBAL OR OTHER DIETARY SUPPLEMENT.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL FIELDS & TABLE OR ANY OF ITS OWNERS, EMPLOYEES, DIRECTORS, OFFICERS, MANAGERS, MEMBERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF FIELDS & TABLE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF FIELDS & TABLE UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).
Applicable Law; Arbitration
By accessing and using the Sites, you agree that your access, use, and participation is subject to, governed by, and interpreted in accordance with the laws of the State of Florida, United Sates of America, excluding its conflict of law’s provisions. Regardless of where you access the Sites, you agree that any dispute relating in any way to your visit to the Sites shall be submitted to and resolved exclusively by confidential and binding arbitration under the rules then prevailing of the American Arbitration Association in Tampa, Florida, except for any criminal or intellectual property claims that Fields & Table may have against you. The arbitrator shall apply Florida law, and the arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. If any part of this arbitration provision is found to be invalid, unenforceable or illegal, the rest of this provision shall remain in effect.
The owner of the Sites is based in the State of Florida in the United States. We provide the Sites for use only by persons located in the United States. We make no claims that the Sites or any of its content is accessible or appropriate outside of the United States. Access to the Sites may not be legal by certain persons or in certain countries. If you access the Sites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Notwithstanding any of these Terms, we reserve the right, without notice and in our sole discretion, to terminate your license to use the Sites and to block or prevent future access to and use of the Sites (i) if you violate any of these Terms, (ii) for any other reason, or (iii) for no reason. We shall not be liable to you or any third party for any termination of your access to the Sites. Upon termination, these Terms will still apply. If you have created an account with us and we terminate your account, you may not subscribe under a new account unless we formally invite you. If you commit fraud and/or falsify information in connection with your use of the Sites, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, and we may pursue legal action through relevant local and national law enforcement authorities and may notify your ‘Internet Service Provider’ of any fraudulent activity we associate with you and/or your access to and/or use of the Sites.
Consent to Email Communication
When you access or use the Sites or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting notices on the Sites.
Consent to SMS/MMS Communication
You may agree to receive text messages from Fields & Table to your mobile phone/device regarding the Sites. Your mobile number will be used to communicate with you by text message regarding the Sites. You understand and agree that text messages sent to your mobile phone/device may be generated using automated technology. Your consent to receive text messages is not required to use the Sites. Fields & Table does not charge you for sending or receiving text messages. Your mobile carrier’s rates apply, and all charges are billed by and payable to your mobile provider. Fields & Table will not be liable for any delays in the receipt of any ‘SMS’ messages as delivery is subject to effective transmission from your mobile and/or network operator.
This electronic document and any other electronic documents, policies, and guidelines incorporated herein will be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing: (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
Waiver and Severability
We disclaim any responsibility or liability for copyrighted materials posted on the Sites. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below. Fields & Table respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act, we will respond promptly to notices of alleged infringement that are reported to Fields & Table’s Designated Copyright Agent, identified below.
If you are a copyright owner, authorized to act on behalf of a copyright owner, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Sites by sending us a notice (“Notice“) complying with the following requirements.
- Identify the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
Please deliver this Notice to us, with all items completed, by email at firstname.lastname@example.org.
Your Comments and Concerns
Last Revision Date: March 16, 2021