Disclaimer
Your use of the FieldWatch®, Inc., DriftWatch™ Specialty Crop Site
Registry,
BeeCheck Apiary Registry, or CropCheck Row Crop websites (together, the “Website”)
constitutes your agreement to all of the following terms and conditions, which terms
and
conditions are subject to change without notice. If you do not agree with these
terms and
conditions, your sole remedy is to discontinue your use of the Website. For purposes
of
these terms and conditions, the term “FieldWatch” includes
FieldWatch,
Inc., each respective State Departments of Agriculture, Purdue University and Purdue
Research Foundation, and their respective affiliates.
No Warranties: The data and related materials and information
provided on
the Website are provided “as is” and “as available.” FieldWatch does not provide any
express
or implied warranties, representations or conditions of any kind regarding the
Website, the
content, accuracy, currency or completeness thereof, or concerning the results to be
obtained from queries or use of the Website. FieldWatch hereby disclaims all
warranties and
representations of any kind with regard to the Website, including, but not limited
to, any
implied warranties of merchantability, non-infringement of third- party rights,
freedom from
viruses or other harmful code, or fitness for any particular purpose.
You are responsible for ensuring the accuracy, currency and other qualities of all
information (including, but not limited to, maps, reports, displays and analysis)
produced
from or in connection with the Website, and you assume all risks associated
therewith.
Furthermore, you are responsible for following all federal, state and local laws and
regulations regarding the use of pesticides, including any state or local laws or
regulations that may address the use of the Website. You acknowledge and agree that
any data
and related materials and information you provide to the Website has been
voluntarily
provided, regardless of whether such materials may otherwise be considered private
or
confidential information.
Limitation of Liability: Except as provided herein, no user,
producer or
applicator shall have any remedy against FieldWatch if the data provided on or
omitted from
the Website is defective in any way, including but not limited to the recovery of
consequential, incidental or indirect damages, punitive damages, lost profits, lost
opportunities or any other damages claimed to be suffered by such person or any
other person
as a result of the use, misuse or failure to use the Website. Furthermore,
FieldWatch will
not be liable for any delay, difficulty in use, inaccuracy of information, computer
viruses,
malicious code or other defects in the Website, or for any incompatibility between
the
Website and your Internet browser or other website accessing program, nor will
FieldWatch be
liable for any other problems you experience due to causes beyond their control.
Indemnification: You agree to defend, indemnify and hold harmless
FieldWatch
and their respective affiliates, employees, contractors, agents, directors, officers
and
members, from any and all losses, liabilities, claims, demands, judgments and
expenses
(including attorney’s fees) arising out of or in any way connected with your use of
the
Website or as a result of your failure to comply with these terms and conditions.
Interruption of Service: In the event of a system failure or
interruption,
including, but not limited to, an act of God, hardware/software failure or a system
overload, Website data may be lost or destroyed. Any results obtained from completed
or
in-process queries of the Website before a system failure or interruption should be
verified
by you to ensure the accuracy and completeness of such results. You assume the risk
of loss
of your results during any system failure or interruption, as well as the
responsibility to
verify the accuracy and completeness of any results so affected.
If you have any questions about this website, please contact us at info@fieldwatch.com.
Terms of Use
Date: April 21, 2020
FieldWatch, Inc. (“FieldWatch”) provides online services through different
websites (www.FieldWatch.com; www.DriftWatch.org; www.BeeCheck.org, www.CropCheck.org, www.FieldCheck.org, and www.SeedFieldCheck.org) (together,
the
“Website”) which are subject to these Terms of Use (“Terms”). By
using the
Website, you agree to these Terms.
- FieldWatch Services. The FieldWatch Website and associated smartphone
applications provide online and mobile users with access to the location and
contact
information provided by the DriftWatch Registry, BeeCheck Registry,
CropCheck
Registry, SeedFieldCheck Registry, and FieldCheck Registry (together, the
“FieldWatch
Registries”). The FieldWatch Website, FieldWatch mobile Apps, and
associated
FieldWatch Registries make up the FieldWatch “Services.”
- DriftWatch Registry. FieldWatch hosts and maintains a
registry of the
location of specialty crops, such as fields of tomatoes, grapes,
melons, and
strawberries in a centralized database for geographical areas served
by
FieldWatch (“DriftWatch Registry”). FieldWatch and
participating
states determine which crops shall qualify for inclusion into the
DriftWatch
Registry. Owners and growers of specialty crops may upload crop
description
and location into the DriftWatch Registry after obtaining a user
account.
- BeeCheck Registry. FieldWatch hosts and maintains a registry
of
apiary locations for geographical areas served by FieldWatch (“BeeCheck
Registry”). Owners of apiaries may upload the location of
their
beehives into the BeeCheck Registry after obtaining a user account.
- CropCheck Registry. FieldWatch hosts and maintains a registry
of row
crop field locations for certain geographical areas served by
FieldWatch
(“CropCheck Registry”). Owners and growers of row crops
(corn,
soybeans, rice and cotton) may upload crop description and location
into the
CropCheck Registry.
- SeedFieldCheck Registry. FieldWatch hosts and maintains a
registry of
seed field locations for certain geographical areas served by
FieldWatch
(“SeedFieldCheck Registry”). Only approved SeedFieldCheck
users may
upload information to the SeedFieldCheck Registry. The
SeedFIeldCheck
Registry is a pilot program only available to certain authorized
users.
- FieldCheck Registry. FieldWatch allows commercial pesticide
applicators, private pesticide applicators and grower applicators to
register as users of the Services. Applicator information is
maintained by
the FieldCheck Registry (“FieldCheck Registry”).
- FieldWatch Map. Farmers, crop consultants, ag retailers and
pesticide
applicators may use the FieldWatch Website to access the location of
specialty crops, apiaries, row crops, seed fields and other
information from
the DriftWatch, BeeCheck, CropCheck, and SeedFieldCheck Registries,
which
are displayed on the FieldWatch Website in map, list and other
formats (the
“FieldWatch Map”). FieldWatch may limit the information that
is
viewable on the FieldWatch Map at FieldWatch’s discretion.
- FieldWatch Apps. FieldWatch may include a smartphone version
of the
FieldWatch Website or separate application for smartphones
incorporating the
Services (“FieldWatch App”). Use of the FieldWatch Apps is
subject to
these Terms and may also be subject to additional terms.
- Your Account. The FieldWatch Services provide basic level information
on the
FieldWatch Map to any user of the Website. Additional features are available
to
users that register to access one or more of the FieldWatch Registries and
FieldWatch Map by creating an account with a unique ID and password,
providing
additional information, and agreeing to abide by the FieldWatch Use
Disclaimer (“Registered
Users”). Personal Information collected when creating an account is
also
subject to FieldWatch’s Privacy Policy. FieldWatch may terminate any
Registered
User’s account for any reason.
- User Submissions. Registered Users may upload information regarding
the
location and type of crop and apiary into the different FieldWatch
Registries, as
applicable. Each submittal by a user is considered a “User Submission.”
You
warrant that you are authorized to upload each User Submission you provide
and that
each User Submission is true, accurate, and not misleading. Intentionally
uploading
false or inaccurate User Submissions may cause termination of your account.
You
grant FieldWatch an unlimited license to use the information you submit in
User
Submissions to provide the FieldWatch Services to other users, including
integrating
the FieldWatch Map and information derived from the FieldWatch Registries
into other
online platforms that have been approved by FieldWatch. You may not upload
viruses,
spyware, or other malicious software to FieldWatch. Your use of the Services
must be
lawful at all times. FieldWatch or the applicable Data Steward may alter or
delete
any User Submission without recourse to you.
- Viewing the FieldWatch Map. Any user of the Website may view the
FieldWatch
Map; Registered Users may view additional layers of data on the FieldWatch
Map, as
determined by FieldWatch. You shall not rely on the FieldWatch Map solely to
determine the location of specialty crops, row crops or apiaries. The
FieldWatch Map
is intended to be a helpful tool to inform farmers, crop consultants, and
pesticide
applicators. FieldWatch makes no representation as to the truth or accuracy
of any
information contained in User Submissions. The background layers for the
FieldWatch
Map are provided by Google Maps. Therefore, viewing and using the FieldWatch
Map is
subject to Google’s Terms of Service and Google Maps/Google Earth Additional
Terms
of Service.
- General Restrictions on Use. FieldWatch grants you permission to
access and
use to Services, subject to the following conditions:
- You shall not to alter or modify any part of Services.
- You shall not (or attempt to) circumvent, disable or otherwise
interfere
with any security related features of the Services.
- You shall not to solicit any Registered User whose name or address
is
identified by use of the Services.
- You shall not access User Submissions for any purpose other than for
making
pesticide application or other farming purposes.
- You shall not copy, reproduce, distribute, transmit, broadcast,
display,
sell, license, or otherwise exploit any User Submissions for any
other
purposes without the prior written consent of FieldWatch.
- Nothing in these restrictions shall limit your ability to access
User
Submissions from another lawful source, such as another ag data
platform to
which you are a subscriber, provided that source has integrated into
the
Services by permission.
- If you desire to integrate the Services into a separate platform,
you shall
agree to additional terms provided by FieldWatch for such purpose.
All
integrations and downloads of User Submissions must be authorized by
FieldWatch.
- You should not violate Google’s Terms of Service, Google Maps/Google
Earth
Additional Terms of Service, or any other requirement from Google
applicable
to the FieldWatch Map.
- Payment Terms. Use of the Services to unregistered users is free.
FieldWatch
may charge a fee for certain Registered Users, at FieldWatch’s discretion
and with
advanced notice.
- Trademarks and Intellectual Property. These Terms do not grant you
any right,
title, or interest in the names “FieldWatch”, “DriftWatch”, “CropCheck”,
“BeeCheck”,
“FieldCheck” or any other names or logos owned FieldWatch
(“Trademarks”). You
may not use the Trademarks unless authorized by FieldWatch. You agree to pay
attorneys’ fees incurred by FieldWatch in enforcing this provision. This
restrictions on use of FieldWatch Trademarks does not apply to FieldWatch,
DriftWatch and BeeCheck signs used to designate appropriate areas.
- Termination. FieldWatch reserves the right to suspend or terminate
your
Registered User account and use of the Services at any time, without cause,
without
notice and without liability to you. FieldWatch may suspend or terminate
your
account if you are not complying with these Terms, or using Services in any
way that
would cause FieldWatch legal liability or disrupt others’ use of the
Services. All
indemnity and liability provisions in these Terms survive termination.
- Disclaimer. The Services are provided as a communications tool. You
should
always verify information obtained from Services with the proper source
before
undertaking any activities. You are responsible for ensuring the accuracy of
information derived from the Services, and you assume all risks associated
with your
use. You are responsible for following all federal, state and local laws and
regulations, including but not limited to laws and regulations regarding the
use of
fertilizers, pesticides, and other crop inputs. You must always follow the
label
when applying any pesticide. If you do not agree to the following No
Warranty and
Indemnity provisions, your sole remedy is to discontinue use of Services.
- No Warranty. FIELDWATCH DOES NOT PROVIDE ANY EXPRESS OR IMPLIED
WARRANTIES
REGARDING (1) THE SERVICES; (2) THE CONTENT, ACCURACY, CURRENCY, OR
COMPLETENESS OF
USER SUBMISSIONS, or (3) INFORMATION DISPLAYED ON THE FIELDWATCH MAP.
FIELDWATCH
DISCLAIMS ALL WARRANTIES WITH RESPECT TO SERVICES, INCLUDING ANY IMPLIED
WARRANTIES
OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FREEDOM FROM
VIRUSES OR
OTHER HARMFUL CODE, OR FITNESS FOR A PARTICULAR PURPOSE. FieldWatch does not
guarantee that use of Services will reduce risk of pesticide misapplication,
drift,
or volatilization. You may not rely on Services as the sole source of
information
when making decisions. The Services may also include inaccurate information,
including inaccurate information pertaining to individuals, organizations,
fields,
crops, seed hybrids and varieties, traits, crop inputs, agricultural
production
activities, and communication. Your use of any information or User
Submission is at
your own risk. If you believe the information contained in the Services is
inaccurate, please notify FieldWatch at your earliest convenience.
- Indemnity. You agree to indemnify and defend FieldWatch, including
its
directors, employees, agents, officers, developers, and licensors, from any
damages,
costs, claims, injuries, and liabilities (including attorneys’ fees) arising
from
your use of the Services, including anyone using the Services on your
behalf, such
as an employee. In no event shall FieldWatch be liable for any
consequential,
incidental, special, indirect or punitive damages arising from your use of
Services
(including without limitation, damages for loss of business or good will,
work
stoppage, off-target or misapplication of crop protection products, loss of
information or data, loss of revenue or profit or computer failure.
- Modifications. FieldWatch may revise these Terms from time to time.
FieldWatch will notify you, when you log into the Services, or by another
means when
these Terms are revised. By continuing to use the Services after revisions
become
effective, you agree to be bound by any revised Terms.
- Other Legal Terms. The Terms are governed by Indiana law. Any suit naming
FieldWatch
(including any affiliated company or brand, owners, employees, attorneys, or
agents)
as a party involving these Terms must be filed in the Indiana state courts,
or
federal district court located in Indianapolis, Indiana, and you consent to
venue
and jurisdiction there. These Terms create no third-party beneficiary
rights.
FieldWatch’s failure to enforce any provision in these Terms is not a waiver
of the
right to do so at a later date. If any provision is found unenforceable, the
remaining provisions of the Agreement will remain in full effect. You may
not assign
your account or any of your rights in these Terms. FieldWatch may assign its
rights
without your consent. These Terms do not create an employee, partnership or
agency
relationship between you and FieldWatch.
- Notice. If you need to contact FieldWatch for any purpose regarding
these
Terms, please email info@fieldwatch.com.
