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.
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.
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.
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.
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.
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.
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.
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.