TapLogic Terms of Use Agreement 2017-09-01T15:40:43+00:00

TAPLOGIC TERMS OF USE AGREEMENT

IMPORTANT – READ CAREFULLY: This Terms of Use agreement (“Agreement”) is a legal agreement between You (“You” and “Your” includes a person and/or an individual entity) and TapLogic, LLC (“TapLogic”). The Agreement applies to all websites and mobile device applications and their associated services, whether owned by TapLogic or supported by TapLogic on behalf of other entities, including but not limited to Farm Scout Pro, FarmLogic, FarmLogic SP, Soil Test Pro, Soil Test Pro SP, Dry Grain Calculator, Ag PhD Soil Test, Ag PhD Scout and Tank Mix Calculator (individually and collectively referred to as the “TAPLOGIC PRODUCT”) with which this Agreement is provided and includes any accompanying media, printed materials, and any online or electronic documentation for the TapLogic Product.

This Agreement updates, and to the extent of any inconsistent provision supersedes, all prior Terms of Use Agreements and/or End User License Agreements. This Agreement also applies to any TAPLOGIC PRODUCT updates and upgrades subsequently furnished by TapLogic, unless such are accompanied by different license terms and conditions, which will govern their use. By installing or using the TAPLOGIC PRODUCT, You agree to be bound by the terms of this agreement. In addition, Your continued use of the TAPLOGIC PRODUCT constitutes your acceptance of this Agreement.

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 Soil Sampling. 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”).

6. LIMITED WARRANTY

TapLogic attests that due diligence has been taken to ensure that the TAPLOGIC PRODUCT and associated supporting tools and services, as provided, are operational and will substantially conform to the description contained in the documentation accompanying the TAPLOGIC PRODUCT.

TapLogic provides the TAPLOGIC PRODUCT to You, the customer, as is with any faults You may encounter, and cannot warrant the results and performance that You may achieve when using the TAPLOGIC PRODUCT. As such, TAPLOGIC disclaims all other warranties and conditions, to the maximum extent permitted by applicable law.

TAPLOGIC is not responsible for the operation or failure of operation of GPS satellites or the availability of GPS satellite signals.


7. LIMITATION OF LIABILITY

TAPLOGIC does not exclude or limit our liability to You where it would be illegal to do so.

To the maximum extent permitted by law, You assume full responsibility for any loss that results from download or use of TAPLOGIC PRODUCT. TAPLOGIC will not be liable for:

(a) any indirect, punitive, special, or consequential damages under any circumstances, or

(b) lost profits or business opportunities, business interruption, loss or theft of data, or any other indirect, special, incidental or consequential damages under any theory of liability, whether based in contract, tort, negligence, product liability, or otherwise, or

(c) death, personal injury, or physical or property damage resulting from High Risk Activities

The limitations of liability will apply to the maximum extent permitted by applicable law, regardless of whether TAPLOGIC has been advised of the possibility of such damages and regardless of whether any remedy fails its essential purpose.

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.

TapLogic reserves the right to pursue any remedy in law to recover what it believes are damages related to use or activity that violates the TapLogic Terms of Use Agreement.

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

TAPLOGIC will abide by any applicable laws, rules, or regulations relating to the Information Ownership Policy of non-public, personal information. TAPLOGIC will also adhere to the Information Ownership Policy that is posted at www.farmlogic.com/privacy-policy/ under the Information Ownership Policy link where it can be read online or printed for Your records.

TapLogic, LLC has in place what we believe to be appropriate physical, electronic and managerial procedures to safeguard and secure the information we collect online. TAPLOGIC may aggregate statistical data from the information provided through the TAPLOGIC PRODUCT. Both personal information and statistical data will be used by TAPLOGIC for internal business purposes only. Additional provisions regarding TAPLOGIC’s information privacy may be found in the FarmLogic Information Ownership Policy current document, located at
www.farmlogic.com/privacy-policy/, which are incorporated by reference into these Terms of Use.

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 Information Ownership Policy, constitutes 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.

12. SEVERABILITY

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:

Postal Mail:
TAPLOGIC, LLC
90 Spruce Street
Murray KY 42071

Phone: 270-761-8000

Email: legaldocs@taplogic.com

TOU 09/01/2017 V3