HarvestMap Terms of Use

WELCOME TO THE HarvestMap Systems, Inc. (together with any affiliates, successors or assigns, "HarvestMap") website ("Site").

HARVESTMAP OFFERS THIS SITE TO YOU SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS ("Terms"). YOUR USE OF THIS SITE SHALL BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DO NOT USE THIS SITE. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE e-mail us at Help@HarvestMap.com.

General Use Restrictions

Availability

Third Party Interaction and Links to Third Party Sites

Disclaimer of Warranties

Inaccuracies or Errors

Local Laws; Export Control

Trademarks

Terms of Use Revisions

Applicable Law

Password Restricted Areas of the Site

Submissions

Unauthorized Activities

General Use Restrictions

HarvestMap or third parties granting rights to HarvestMap hold all right, title, and interest in and to the materials on this Site, which are the copyrighted work of HarvestMap or such third parties. HarvestMap grants you a limited, personal, non-exclusive and non-transferable license to use and display the materials only on your personal computer only for purposes associated with your interaction with this HarvestMap website. Except as stated herein, you have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter or enhance any of the materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination, you must immediately destroy any downloaded and printed materials. You have no right, title or interest (and no copyright, trademark or other intellectual property right) in or to the Site or any materials and you agree not to "frame" or "mirror" the Site, any material contained on or accessible from this Site on any other server or Internet-based device without the advanced written authorization of HarvestMap.

HarvestMap does not routinely monitor your postings to the Site but reserves the right to do so. However, in our efforts to promote good citizenship within the Internet community, if HarvestMap becomes aware of inappropriate use of the Site or any of its Services, HarvestMap will respond in any way that, in its sole discretion, HarvestMap deems appropriate. You acknowledge that HarvestMap will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any reports it receives of such conduct. When requested, HarvestMap will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.

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Availability

HarvestMap has several web sites offering products, services, content and various other functionality's (collectively the "Services") to specific regions. The Services offered in one region may differ from those in other regions due to availability, local or regional laws, shipment and other considerations. HarvestMap does not make any warranty or representation that a user in one region may obtain the Services from the HarvestMap site in another region and HarvestMap may cancel a user's order or redirect a user to the site for that user's region if a user attempts to order Services offered on a site in another region.

Information HarvestMap publishes on the World Wide Web may contain references or cross references to HarvestMap products, programs and services that are not announced or available in your country. Such references do not imply that HarvestMap intends to announce such products, programs or services in your country. All services are currently available in the US only. 

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Third Party Interaction and Links to Third Party Sites

In your use of the Site, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors of the Site. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that HarvestMap has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.

HarvestMap may link this Site to other sites on the World Wide Web that are not under the control of or maintained by HarvestMap. Such links do not constitute an endorsement by HarvestMap of any such sites. You acknowledge that HarvestMap is providing these links to you only as a convenience, and you agree that HarvestMap is not responsible for the business practices, content, privacy policies or links displayed on such sites to which you may be linked and your access to these sites is at your own risk.

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Disclaimer of Warranties

Your use of this Site is at your own risk. This Site may include inaccuracies or errors that may affect the quality of the materials on the Site. The materials have not been independently verified or authenticated in whole or in part by HarvestMap. HarvestMap does not warrant the accuracy or timeliness of the materials. HarvestMap has no liability for any errors or omissions in the materials, whether provided by HarvestMap or third parties.

THIS SITE IS PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS, WITHOUT ANY WARRANTY. HARVESTMAP, FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKES NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE SITE INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY MATERIAL, INFORMATION, PRODUCT, OR SERVICE CONTAINED ON THE SITE. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. NEITHER HARVESTMAP NOR ANY THIRD PARTY PROVIDING MATERIALS, SERVICES OR CONTENT TO THIS WEB SITE SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF HARVESTMAP HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT ANY THIRD PARTY OWNERS OF ANY MATERIALS, SERVICES OR CONTENT PROVIDED OR CONTAINED ON THIS SITE ARE THIRD PARTY BENEFICIARIES TO THE WARRANTY AND LIABILITY LIMITATION PROVISION PROVISIONS CONTAINED IN THIS PARAGRAPH AS THOSE PROVISIONS RELATE TO THEIR MATERIALS, SERVICES OR CONTENT.

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Inaccuracies or Errors

The descriptions, pictures and other representations of services on this site may contain inaccuracies and errors. HarvestMap does not make any warranty or representation with respect to the accuracy or completeness of any such information.

The prices and availability of services on this site may change without notice to you at any time in HarvestMap's sole discretion.

HarvestMap shall have the right to refuse or cancel any orders placed for services or products listed at incorrect price. HarvestMap shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, HarvestMap shall promptly issue a credit to your credit card account in the amount of the charge.

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Local Laws; Export Control

HarvestMap controls and operates this Site from its headquarters in the United States of America and makes no representation that the materials are appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to individuals, companies or other entities located in the United States. If you use this Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations.

The materials on this Site are subject to the United States Export Administration Laws and Regulations. Diversion of such materials contrary to United States law is prohibited. Neither the materials, nor any information acquired through the use of the Site, may be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals. You shall comply strictly with all United States export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

Trademarks

HarvestMap and other logos and service names are trademarks of HarvestMap Systems, Inc. HarvestMap's trademarks may not be used in connection with any product or service that is not HarvestMap's.

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Terms of Use Revisions

HarvestMap may revise these Terms at any time without notice by updating this posting. Your continued use of the Site after such modifications have been made will constitute your acceptance of such revised Terms.

Applicable Law

Any action related to these Terms will be governed by the law of the State of Iowa, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in the State of Iowa, for the resolution of all disputes arising from or related to these Terms and/or your use of the Site.

OPTIONAL PROVISIONS DEPENDING ON THE SITE

Password Restricted Areas of the Site

This Site is password restricted to authorized users ("Subscriber Areas"). If you are an authorized user of the Subscriber Areas, you agree that you are responsible for maintaining the confidentiality of your password and account, and agree to notify HarvestMap if the password is lost, stolen, disclosed to an unauthorized third party, or may have been compromised. You are entirely responsible for any and all activities that occur under your account. You agree to immediately notify HarvestMap of any unauthorized use of your account or any other breach of security known to you in relation to the Site.

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Submissions

You acknowledge that you are responsible for the information and material that you submit (each a "Submission") through uploads, public and/or private posting areas, e-mails, or other services available in connection with this Site, and that you, and not HarvestMap, will have full responsibility for each such Submission, including its legality, reliability, appropriateness, originality and copyright. Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. You agree that HarvestMap shall be free to use or disseminate a Submission on an unrestricted basis for any purpose.

HarvestMap asks that you respect our on-line community and participating individuals. Your conduct should be guided by common sense and basic etiquette. To further these common goals when posting Submissions to or otherwise using the Site, you agree not to:

  • Participate in off-topic discussions.
  • Disparage the products or services of any company or individual.
  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Impersonate or represent HarvestMap, its staff or other industry professionals. 
  • Link to content not allowed on the Site.
  • Solicit a member's password or other account information.
  • Share usernames or e-mail addresses for any purpose.

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Unauthorized Activities

Submissions and unauthorized use of any materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password. As such, you shall indemnify and hold HarvestMap and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site or the use of the Site by any person using your user name and/or password (including without limitation your participation in the posting areas or your Submissions) violates any applicable law or regulation, or the rights of any third party.

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