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Terms & Conditions

1. INTRODUCTION
Thank you for selecting HayMap (referred to as “we”, “our”, or “us”). HayMap conveniently connects hay and forage buyers and sellers and facilitates their transactions. Please read these Terms of Use (“Terms”) carefully. The Terms are a legal agreement between you and HayMap LLC in relation to your use of the HayMap app (“App”), the www.haymap.com website (“Site”) and all associated services (the “Agreement”).

2. USE CONSTITUTES ACCEPTANCE
By accessing HayMap or using any of our services you agree to these Terms. If you do not agree to these Terms, you may not use HayMap and should exit the App or Site immediately.
3. SCOPE
These Terms govern your use of HayMap and its associated and services including posting, viewing or searching hay or forage listings, rating transactions, advertising, all communications, content, updates and new releases, (collectively, the “Services”). It includes by reference the HayMap Privacy Policy. All aspects of the App, Site and Services are within the scope of this Agreement.

4. PROTECTION OF MINORS
You must be 13 years or older to use HayMap and must be 18 years or older to register with HayMap. In cases where you have authorized a minor (someone under 18 years of age) to use HayMap, you acknowledge and agree that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor’s access to and use of the Site, App or Services; and (iii) the consequences of any misuse by the minor.

5. NO DUTY TO MONITOR
You agree that we are not liable for content that is provided by others. We have no duty to screen content supplied by users, but we have the right to refuse to post submitted content. We reserve the right to remove any content for any reason at any time.

6. CHANGES TO HAYMAP
We may discontinue or change any HayMap content, service, function or feature at any time with or without notice.

7. OUR RELATIONSHIP WITH YOU
HayMap is a platform that helps buyer and sellers communicate about and transact for hay and forage products. We are an independent contractor for all purposes, and are not your agent or trustee. We do not have control of, or liability for, the listings or services that are exchanged between buyers and sellers. We do not guarantee the identity of any buyer or seller or ensure that a buyer or a seller will satisfactorily complete any transaction and we do NOT HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY LISTINGS, SERVICES OR PAYMENTS PROVIDED TO YOU BY THIRD PARTY BUYERS OR SELLERS. Our role is STRICTLY LIMITED to that of a facilitator and third-party record-keeper. We do not endorse, promote or represent the truthfulness or accuracy of any statement made on or through the HayMap App, Site or Services.

8. FEES AND PAYMENTS

8.1 Fees: There are currently no fees to use the HayMap service. We may charge for the service in the future to maintain the platform, but we will alert you beforehand and make you agree to new terms if we ever charge a fee for our services.

8.2 Refunds: In general all payments by you to us are final and are not refundable. At our discretion some buyer’s deposits may be eligible for a refund if the transaction is proved to be incomplete, not have taken place and negative feedback has been left for the seller stating the reason for not purchasing their product. Keep in mind the other party is also leaving feedback for the transaction too, so there must be a general consensus that the transaction was not completed for the buyer to eligible for a refund.

8.3 Cancellations: You may cancel your account at any time but we do not provide any refunds in relation to cancellations

8.4 Third Party Terms and Fees: Fees may be processed by third payment processors. Your use of a third party payment processor is subject to any additional terms and conditions and fees imposed by such third party payment processor.

8.5 Records: We maintain records of your services, Fees and payments and all such records are taken to be correct unless they are proven to be in error.

9. NAMES
If you wish to register with HayMap you will need a username. You can select any username you like, except that your username cannot be an impersonation of another person, a term that is the same or confusingly similar to a famous trademark, or a term that is offensive in any way. You may, but are not obligated to, use your own name. If you do use your own name, you consent to it being passed to others by use of certain of the functions of HayMap. We reserve the right to reject or remove any username.

10. THIRD PARTIES AND EXTERNAL LINKS

10.1 Third Party Suppliers: You agree that your dealings with third party suppliers found on or through HayMap, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party supplier, and you agree not to hold HayMap LLC liable for any disputes you may have with such third party supplier.

10.2 Links: HayMap provides, and third parties may provide, links to other apps, websites or resources. As we have no control over such apps, websites and resources you agree that such links are provided solely for your convenience and we are not responsible for the availability of such external resources and are not liable for the content or operations of such apps, websites or resources.  If you decide to access any third party resources linked to HayMap you do so entirely at your own risk.

11. COOKIES
Cookies are small data files that your browser places on your computer or device. Cookies help your browser navigate a website and the cookies themselves cannot collect any information stored on your device or your files. We use cookies to learn more about the way you interact with our content and help us to improve your experience using HayMap.

12. OWNERSHIP AND INTELLECTUAL PROPERTY
12.1 You Gain No Ownership: No intellectual property ownership rights transfer from you to us, or us to you, as a result of this Agreement. The HayMap App and content is protected by copyright, trade-marks, database and other intellectual property rights. You may retrieve and display the content or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on HayMap without written permission from HayMap LLC.
12.2 License to Host Your Content: In these Terms, “your content” means all works and materials (including but not limited to ratings, listings, text, images, documents, comments, graphics, audio material, video material, and files) that you submit to us for publication on HayMap. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to:

  • reproduce, store and publish your content on and in relation to our App, Site and Services and any successors;
  • publish your content on and in relation to our App, Site and Services.

You may edit your content to the extent permitted using the editing functionality made available by us. Without prejudice to our other rights under this Agreement, if you breach this Agreement in any way, or if we reasonably suspect that you have breached this Agreement in any way, we may delete, un-publish or edit any or all of your content.

12.3 No Infringement of Third Party Rights: You warrant and represent that your content will not infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right; and you possess all sufficient permissions, rights and/or licenses to provide or upload all and any content shared by you on or through HayMap.
You agree and acknowledge you must not infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right of any third party through your use of HayMap and must only share content when you possess all sufficient permissions, rights and/or licenses to provide or upload all and any content shared by you on or through HayMap. Further, in the event of you infringing the intellectual property rights of any third party through your use of HayMap, it is you and not HayMap LLC that will be liable.

12.4 Copyright Infringing Content: A portion of the Site’s content is contributed by our users and is known as User Generated Content (UGC). We do not check UGC for violations of copyright, trademarks or other rights but the Site is protected by international safe-harbor provisions for online service providers and follows international best practice such as the principles of the EU Directive on Electronic Commerce and the US Digital Millennium Copyright Act (DMCA).
We will act expeditiously to remove content as soon as we have we have actual knowledge that it infringes copyright. If you believe there is copyright infringing material on the Site, please contact us at support@haymap.com with the following information:

  • The name and address of the complaining party
  • A description of the infringing materials and their Internet location, usually the URL
  • Sufficient information to identify the copyrighted works
  • A statement by the owner that it has a good faith belief that there is no legal basis for the use of the materials complained of
  • A statement of the accuracy of the notice and, under penalty of perjury, a statement that the complaining party is the owner or authorized to act on the behalf of the owner.

13. YOUR LICENSE TO USE HAYMAP

  • You are granted a restricted and non-transferable license to use HayMap only in accordance with these Terms.
  • You agree that we have no responsibility or liability for the deletion, corruption or failure to store any content maintained or transmitted on or by HayMap.
  • You acknowledge that the features and services provided by us may change at any time without prior notice to you.
  • You acknowledge that we reserve the right to sign out, terminate or delete your account at any time and for any reason at our sole discretion.
  • Except as expressly permitted by these Terms, you must not edit or otherwise modify any material on HayMap.
  • We reserve the right to restrict your access to HayMap at our sole discretion and you must not circumvent or bypass, or attempt to circumvent or bypass, any such access restrictions.

14. ACCEPTABLE USE OF HAYMAP
You must not:

  • Use HayMap in any way or take any action that causes, or may cause, damage to HayMap or impair its performance, availability or accessibility
  • Use HayMap in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity
  • Use HayMap to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software
  • Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation HayMap without our express written consent
  • Access or otherwise interact with HayMap using any robot, spider or other automated means
  • Use data collected from HayMap for any direct marketing activity, including without limitation email marketing, SMS marketing, telemarketing and direct mailing.

15. PERSONAL INFORMATION AND PRIVACY
The HayMap Privacy Policy is provided here. You agree to our Privacy Policy, and to any changes published by us. You agree that we may use and maintain your data according to the HayMap Privacy Policy, as part of the Services.

16. YOUR CONTENTS

16.1 Your Content: You grant us a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the content you provide to us in any way. 

16.2 Use of Your Feedback: You agree that we may use your feedback, suggestions, or ideas in any way, including in future modifications of HayMap, other products or services, or advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to us in any way.

16.3 Prohibited Content: You may not use HayMap for any of the following purposes:

  • Disseminating any obscene, unlawful, harassing, libellous, abusive, threatening, harmful, or otherwise objectionable material.
  • Transmitting material that is or which encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
  • Gaining unauthorised access to other computer systems.
  • Interfering with any other person’s use or enjoyment of the App or Site.
  • Breaching any laws concerning the use of public telecommunications networks.
  • Interfering or disrupting networks or websites connected to HayMap.
  • Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
  • Engaging in technically harmful behaviour, which includes but is not limited to: computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data and other malicious software or harmful data.

16.4 Right to Remove: We reserve the right to refuse to post material on HayMap or to remove material already posted on HayMap.

17. WARRANTIES AND DISCLAIMERS
We provide the App and Site and their contents “AS IS.” We and our suppliers make no express warranties or guarantees about the Site and App. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES INCLUDING ANY WARRANTY THAT THE APP AND SITE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE APP OR SITE OR OUR CONTENT WILL MEET YOUR REQUIREMENTS, ARE ERROR-FREE, RELIABLE, OR WILL OPERATE WITHOUT INTERRUPTION. Because some jurisdictions do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.

18. LIMITATIONS OF LIABILITY
You may not assert claims for money damages arising from this App, the Site or their contents. We and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages, even if we knew or should have known of the possibility of such damages. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability, and the liability of our company and suppliers, shall be limited to the extent permitted by law.
19. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant to us that:

  • This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
  • You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party.
  • You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
  • All information you supply to us in connection with your use of our services is true and complete in all material respects and will be kept up to date if it changes.

20. INDEMNIFICATION
You agree to indemnify and hold harmless HayMap LLC and its employees, representatives, agents, and affiliates, against any and all claims, suits, actions, or other proceedings brought against them based on or arising from any claim resulting from your breach of this Agreement, your violation of any law or third party right, any claim that use of HayMap has harmed a third party, or your use of the App, Site, the Services or your data. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by us in connection with or arising from any such claim, suit, action, or proceeding. HayMap LLC reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control of any claims. You agree to reasonably cooperate as requested by HayMap LLC in the defence of any claims.

21. TERMINATION
HayMap reserves the right, in our absolute discretion, to terminate your access to all or part of the App, Site or Services without notice. Upon such termination or suspension you will be denied access to any information or files you have stored on HayMap.

22. INTERNATIONAL USE
We make no representation that HayMap is appropriate or available for use in locations outside the US. If you choose to access HayMap from a location outside the US, you do so on your own initiative and you are responsible for compliance with local laws.

23. GENERAL PROVISIONS

23.1 Entire Agreement: This Agreement incorporates by reference our Privacy Policy which collectively with this Agreement contain the entire understanding between you and us and supersede all prior representations, agreements, statement and understandings, either verbal or in writing.

23.2 Governing Law:  You agree that the laws of the State of Texas govern these terms of use, its subject matter, your use of the App and Site, and any claim or dispute that you may have against us, without regard to its conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. Any dispute related to these Terms or the use of HayMap shall be subject to the exclusive jurisdiction of the courts of the State of Texas. This will not prevent HayMap LLC from pursuing a claim for breach of contract, copyright infringement or otherwise in respect of these Terms in any other jurisdiction throughout the world.

23.3 Assignment: You may not assign your rights or obligations under this Agreement to any party, and any attempt to do so will be void and without effect. We are free to assign this Agreement.

23.4 Communication and Notices: You consent to receive notices and information from us in respect of our App, Site and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your account. We may provide you with notices, including those regarding changes to these terms by email, paper mail, publication on HayMap, by SMS, or in any other way recognised by law. You may contact us at support@haymap.com.

23.5 Waiver: Our failure to exercise or enforce any right or provision of these terms is not a waiver of such right or provision.

23.6 Severability:  If any provision is found by a court of competent jurisdiction to be invalid, the parties agree that the court must as far as possible give effect to the parties’ intentions as reflected in it, and these terms otherwise remain in full force and effect.

23.7 Compliance with Laws: In using HayMap, you must comply with all applicable laws and regulations and, without limitation you must not use HayMap (or allow it to be used) in connection with or in furtherance of any fraudulent scheme or purpose.

23.8 Law Enforcement: You authorise us to provide any information or comply with any request in relation to you or your account that is requested by any government, court or law enforcement agency. We are not obliged to verify or validate the identity or authority of any such government, court or law enforcement agency if it appears to us, acting in good faith, to be legitimate.

LAST UPDATE TO THE TERMS OF USE: 21st December 2015