The TAPLOGIC PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
1. TAPLOGIC PRODUCT LICENSE
1.1 License Grant. The TAPLOGIC PRODUCT is licensed, not sold. Subject to Your compliance with the terms of this Agreement, TapLogic grants You a non-exclusive, non-transferable license, without rights to sublicense, to use the TAPLOGIC PRODUCT for the purposes and in the manner set forth in this Agreement, the User’s Manual, and other accompanying documentation provided with the TAPLOGIC PRODUCT. This license extends to any updates or additional software that may be copied to Your mobile device through automatic updates to the TAPLOGIC PRODUCT and its services. TapLogic reserves the right to update or change this Agreement at any time. You may or may not receive notification of the change. Please reread the Agreement periodically. Your continued use of the TAPLOGIC PRODUCT indicates Your agreement to changes.
1.2 Limitations. You may not copy, transfer or view the browser source code of the TAPLOGIC PRODUCT in any form. You may use accompanying documentation only in connection with permitted uses of the TAPLOGIC PRODUCT.
1.3 Restrictions. You shall not:
(a) sell, lease, license, sublicense, distribute or otherwise transfer in whole or in part the TAPLOGIC PRODUCT to another party;
(b) provide, disclose, divulge or make available to, or permit use of the TAPLOGIC PRODUCT in whole or in part by, any third party (except Designated Administrative Access) without TAPLOGIC’s prior written consent; or
(c) reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the TAPLOGIC PRODUCT.
(d) Except as expressly authorized therein, You may not copy, reproduce, transmit, sell, display, distribute, publish, broadcast, circulate, modify, disseminate, or commercially exploit such Intellectual Property in any manner (including electronic, print, framing in another Web site, or other media now known or hereafter developed) without the written consent of TapLogic.
(e) Use of automated systems or software to extract data for personal and/or commercial purposes (also known as “scraping” or data “harvesting”) from this website, or from any other TAPLOGIC PRODUCT, is prohibited. Users may export data only through procedures specifically provided by TapLogic.
1.4 Title. TapLogic retains all rights, title, and interest in and to the TAPLOGIC PRODUCT and in all related copyrights, trade secrets, patents, trademarks, and any other intellectual and industrial property and proprietary rights, including registrations, renewals, and extensions of such rights.
The TAPLOGIC PRODUCT, including any related software or code, any updates or enhancements to the TAPLOGIC PRODUCT, and all related media and documentation along with any trademarks displayed therein, which are covered by this Agreement, constitute the Intellectual Property of TapLogic along with one or more contributing entities, if applicable, as defined by TapLogic. All such Intellectual Property is protected by applicable copyright, patent, trademark or other intellectual property law.
You acknowledge that this Agreement does not convey or grant any intellectual property or other proprietary right to You, except for the limited license set forth above and You hereby agree to refrain from doing or causing, directly or indirectly, any act that might impair TapLogic’s rights, title, or interest in any of the Intellectual Property.
2. NOTICE ABOUT LOCATION-BASED SERVICES
Be aware that any product that uses the location service built into your device may access your geographic location history. This includes the TAPLOGIC PRODUCT.
3. PAID SERVICES
A TAPLOGIC PRODUCT may include paid services, such as, but not limited to, Soil Sampling, Custom Soil Sampling and Soil Testing. If you use the service(s), you agree to pay TAPLOGIC for the price of the service(s). Pricing is shown on the TAPLOGIC PRODUCT website and is subject to change without notice.
4. THIRD PARTY WEBSITE LINKS
The TAPLOGIC PRODUCT may contain links to third-party websites, advertisers, services, or other events or activities that are not owned or controlled by TapLogic (collectively, “Third Party(ies)”).
TapLogic does not assume any responsibility for any such Third-Party sites, information, materials, products, or services. If you access a Third-Party website from a TAPLOGIC PRODUCT or use a Third Party service, you do so at your own risk. You expressly relieve TapLogic from any and all liability arising from your use of any Third-Party website, service, or content. Additionally, your dealings or participation with Third Parties, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and the Third Party. You agree that TapLogic shall not be responsible for any loss or damage of any sort relating to your dealings with Third Parties.
5. HIGH RISK ACTIVITIES
The TAPLOGIC PRODUCT is not designed, sold, recommended nor intended for use in hazardous environments requiring fail-safe performance (“High Risk Activities”).
8. TERMINATION AND SUSPENSION
8.1 Termination. TAPLOGIC may terminate this Agreement without notice if You fail to comply with any of its terms or use the TAPLOGIC PRODUCT in a manner that is not intended by TapLogic. In the event of termination, Your TAPLOGIC PRODUCT license is revoked and You must discontinue use of the TAPLOGIC PRODUCT and all related services.
8.2 Suspension. Suspension is defined as the modification of a TAPLOGIC PRODUCT account so that the data is Read-Only. TAPLOGIC may suspend this Agreement immediately and without notice if You fail to comply with any of its terms or use the TAPLOGIC PRODUCT in a manner that is not intended by TapLogic.
9. INFORMATION OWNERSHIP
In a nutshell… Your farming activity information you store with TapLogic, belongs to you, not us. We won’t do anything with your information without your direction.
TAPLOGIC will abide by any applicable laws, rules, or regulations relating to the Privacy and Information Ownership Policy of non-public, personal information. TAPLOGIC will also adhere to the Privacy and Information Ownership Policy that is posted at www.taplogic.com/privacy-policy under the Privacy and Information Ownership Policy link where it can be read online or printed for Your records.
By agreeing to the terms of this Agreement, You hereby expressly consent to such use of Your information.
10. APPLICABLE LAW
The terms in this Agreement will be governed by Kentucky law except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer’s country. This paragraph doesn’t override those laws.
11. ENTIRE AGREEMENT
This Agreement, together with any TapLogic service-specific terms and the TapLogic Privacy and Information Ownership Policy, constitute the entire agreement between the parties with respect to the use of TAPLOGIC PRODUCT and supersedes any prior inconsistent agreements, negotiations, representations, and/or promises, written or oral, with respect to the subject matter and is binding upon the parties and their permitted successors and assigns.
If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.
13. CONTACT INFORMATION
If You have any questions about this Agreement, or if You want to communicate with TAPLOGIC for any reason, please contact us at:
90 Spruce Street
Murray KY 42071
TOU 04/03/2019 V8