TO THE HarvestMap Systems, Inc. (together with any affiliates,
successors or assigns, "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
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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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
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.
prices and availability of services on this site may change
without notice to you at any time in HarvestMap's sole
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.
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
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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.
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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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
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:
in off-topic discussions.
the products or services of any company or individual.
abuse, harass, stalk, threaten, or otherwise violate the
legal rights (such as rights of privacy and publicity) of
or represent HarvestMap, its staff or other industry
to content not allowed on the Site.
a member's password or other account information.
usernames or e-mail addresses for any purpose.
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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
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