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
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
from time to time and we ask you to check this page as this Agreement
Application, Site or Service will constitute acknowledgement and
Data Policy and Terms of Service.
2. Use License
- 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:
- modify or copy the Materials (defined below);
- use the Materials for any commercial purpose, or for any
public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software
contained on the website;
- remove any copyright or other proprietary notations from
- transfer the Materials to another person or "mirror" the
Materials on any other server;
- transmit anything that is illegal, abusive, harassing,
harmful to reputation, pornographic, indecent, profane,
obscene, hateful, racist, or otherwise objectionable in
our reasonable opinion.
- 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
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.
THE MATERIALS ON Farmapper, LLC'S WEB SITE DOMAINS INCLUDING
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
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.
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.
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.
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
General Terms and Conditions applicable to Use of a website.
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