Christensen Farms
Mobile App Terms of Use and Disclaimer
Introduction
This agreement is between you (“you,” or “your”) and Christensen Farms (“Company” “our” or “we”) and governs your use of the Christensen Farms mobile application (the “App”). By registering for, downloading, installing, accessing, and using the App, you agree to the following terms and conditions.
The App incorporates software or programs designed by and owned by Google Inc. known as Google Maps APIs. By accessing and using the App, you agree to be bound by Google’s Terms of Service located at http://www.google.com/intl/en/policies/terms/.
Limitation on Use
You agree to access and use the App and the information accessed through the App only as necessary to perform work on behalf of the Company.
Confidentiality
As used herein, the term “Confidential Information” means and includes any and all information learned from or accessed through the App in whatever form or manner presented, whether in text, graphics, map, or otherwise. You acknowledge that the secrecy of such information is necessary for the operation of the Company and the safety and security of the Company, its employees, shareholders, affiliates, representatives and contractors. You agree that during and after your use and access of the App, you will not, directly or indirectly, disclose Confidential Information to any other person or entity or use Confidential Information for your own benefit or for the benefit of any other person or entity.
Nothing in this section should be construed to reduce, limit, or otherwise change your obligations with respect to the confidentiality of this or other information which might be imposed pursuant to any other contract or agreement between you and the Company. Your obligations under this Terms of Use and Disclaimer are in addition to the obligations imposed on you by any other contract or agreement between you and the Company.
Security
A username and password unique to you has been issued to you which allows you to access and use the App (your “Credentials”). You agree to keep your Credentials confidential and secret and agree not to disclose your Credentials to any third party. You agree to not allow third parties access to the App by entering your Credentials on your mobile device and thereafter allowing a third party to use the App on your mobile device or by entering your Credentials on a mobile device controlled by a third party.
You agree that if you have reason to believe your Credentials may have become known by any third party you will immediately contact your Company representative and itservices@christensenfarms.com and notify us that you believe your Credentials have become known by a third party.
Disclaimer of Warranties and Representations
You acknowledge that the navigation feature of the App does not rely on any function or software of the App itself and instead utilizes other third party navigation applications (such as “Google Maps” or “Apple Maps”) already installed on your mobile device. The Company does not and cannot control the function, performance, reliability or accuracy of these third party navigation applications. The Company does not make any representations or warranties of any kind about the function, performance, reliability, or accuracy of any third party navigation application. neither the company nor its employees, shareholders, affiliates or other representatives will be liable for damages of any kind (INCLUDING, without limitation, lost profits, direct or indirect compensation, consequential, exemplary, special, incidental, or punitive damages) for any DIRECTIONS, navigation instructions, time estimates, or other information or data provided by any third party navigation application whether the claim is based on contract, tort (including negligence), strict liability, or any other legal theory, whether or not the company has been advised of the possibility of such damages and without regard to the effectiveness of other remedies.
Governing Law
The Company’s principal office is located in Minnesota. The Terms of Use and Disclaimer shall be governed under the laws of the State of Minnesota without regard to its conflicts of laws provisions. All actions or proceedings arising out of or relating to the Terms of Use and Disclaimer or your use of the App shall be venued exclusively in state or Federal court in Minnesota. You hereby irrevocably consent and submit to the personal jurisdiction of these courts for all purposes.
Copyright and Trademark
Except to the extent the App incorporates software or programs owned by third parties, the Company owns all right, title, and interest to the content of the App, including software driving the App, text, photographs, images, illustrations, graphics, designs, audio, video and other materials provided by the Company and claims a copyright compilation under applicable copyright laws. The Christensen Farms logos found on the App are copyrighted and may not be used without the express written permission of the Company.
Termination
You agree that if your relationship with the Company ends for any reason, including termination with or without cause of any contract you have with the company, expiration of any contract you may have with the Company, or failure to renew any contract you may have with the Company, your right to access the App will terminate, and you further agree that you will not access or attempt to access the App, you will immediately delete all copies of the App from any device you own, and you will destroy all records of Confidential Information. Notwithstanding the ending of your relationship with the Company, the terms and provisions of this Terms of Use and Disclaimer will continue to apply to you.