Website Terms and Conditions of Use ("Terms of Service")

1. Terms

By accessing this website at McFinney.com and/or Farmapper.com, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site, this application, or services. The materials contained in this website are protected by applicable copyright and trade mark law. Please read the Terms of Service, Data Policy and the Privacy Policy before using our Site and Service. This Agreement is legally binding on both parties and governs your use of our Application, Site and Service. By using or accessing any part of our Site or Service you agree to be bound by these Terms of Service and the Privacy Policy.

We may amend our Terms of Service, Privacy Policy or Data Policy from time to time and we ask you to check this page as this Agreement or our Privacy Policy may have changed. Your continued use of our Application, Site or Service will constitute acknowledgement and consent to any amendments made within the Privacy Policy, Data Policy and Terms of Service.

2. Use License

  1. When using any of our Site, Services or our Application, we grant you a limited, non-exclusive license to install and use our software or application. We may make our Application available on our Site or elsewhere, such as a third party store dedicated to the promotion and sale of apps. You are given the right to download one copy of the Application at the price listed, if any. This means that you cannot sell our Service or Application anywhere else, share your license with anyone else, reverse engineer or otherwise attempt to copy our Service or Application without our express written permission. Even if we offer our Service or Application for free, you must still abide by these provisions and not copy or otherwise use our Application in a manner prohibited by this section. You obtain no ownership rights when you purchase and download any software or our Application, but are instead buying (or, in the case of a free download or free web account,being given) a license to install and use our software or Application within the confines of this Agreement. When using our Application, Site or Service, you assume full responsibility for your use and agree not to use it in ways not explicitly authorized by Farmapper, LLC. You are responsible for your use of www.farmapper.com and for any use of www.farmapper.com on behalf of anyone using your account. You agree not to access, copy, or otherwise use the application, including our intellectual property and trademarks, except as authorized by these Terms of Service or as otherwise authorized in writing by Farmapper, LLC. By using our Site and Service you agree not to perform any of the following:
    1. modify or copy the Materials (defined below);
    2. use the Materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on the website;
    4. remove any copyright or other proprietary notations from the Materials;
    5. transfer the Materials to another person or "mirror" the Materials on any other server;
    6. transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable in our reasonable opinion.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Farmapper, LLC at any time. Upon terminating your viewing of these Materials or upon the termination of this license, you must destroy any downloaded Materials in your possession whether in electronic or printed format.

3. What We Own

All material and services available on the Site, and all material and services provided by or through Farmapper, LLC its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and "look and feel,"layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the "Materials"), are owned by us or other parties that have licensed their material or provided services to us, and are protected by copyright, trademark, trade secret and other intellectual property laws. All Farmapper, LLC trademarks and service marks, logos, slogans and taglines are the property of Farmapper, LLC. All other trademarks, service marks, logos, slogans and taglines are the property of their respective owners. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on Farmapper, LLC without our express written permission, or the express written permission of such third-party that may own the trademark, service mark, logo, slogan or tagline.

4. What You Own

You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials uploaded, posted or stored in connection with your use of the Services (“Content”). Farmapper is not responsible for your Content. You hereby grant Farmapper a worldwide, royalty-free, non-exclusive license to host, share and use the Content in order to provide you with the Services and hereby represent and warrant that you have all the rights necessary to grant us such license. You are responsible for any Content that may be lost or unrecoverable through your use of the Services. You are encouraged to archive your Content regularly and frequently.

You retain all ownership and rights to the Content that you create and post to the Service. You can share it, delete it, or keep it to yourself so long as it doesn't violate our terms of service and basic decency. As an additional manner for retrieving your data, we have provided the export to KML function, so that you are able to retrieve the polygons that you create and use on other compatible services.

5. Disclaimer

THE MATERIALS ON Farmapper, LLC'S WEB SITE DOMAINS INCLUDING www.farmapper.com AND www.mcfinney.com ARE PROVIDED "AS IS". Farmapper, LLC MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, Farmapper, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS INTERNET WEBSITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE.

6. Limitations

IN NO EVENT SHALL Farmapper, LLC OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION,) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS ON Farmapper, LLC'S INTERNET SITE, EVEN IF Farmapper, LLC OR A Farmapper, LLC AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.

7. Revisions and Errata

The materials appearing on Farmapper, LLC's website could include technical, typographical, or photographic errors. Farmapper, LLC does not warrant that any of the materials on its web site are accurate, complete, or current. Farmapper, LLC may make changes to the materials contained on its website at any time without notice. Farmapper, LLC does not, however, make any commitment to update the materials.

8. Links

Farmapper, LLC has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Farmapper, LLC of the site. Use of any such linked web site is at the user's own risk.

9. Site Terms of Use Modifications

Farmapper, LLC may revise these terms of use for its web site at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

10. Governing Law

You agree to defend, indemnify and hold harmless Farmapper, LLC and its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the mcfinney websites and services; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any of your content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of any McFinney.com website or use of service.

You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys' fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

General Terms and Conditions applicable to Use of a Website.

11. Indemnity

Any claim relating to Farmapper, LLC's website shall be governed by the laws of the State of Idaho without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a website.

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

Privacy Policy of www.farmapper.com