FoPark is designed for users 13 years of age or older. Children under 13 may not utilize FoPark for any purpose.
Intellectual Property Rights, Google Maps
You do hereby acknowledge and agree that FoPark and any essential software that may be used in connection with FoPark (“Software”) contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by FoPark or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, and/or create any plagiaristic works which are based on FoPark, in whole or part.
FoPark is powered by open-source software. For more information on packages used, licensing, compliance, or other issues, contact [email protected].
FoPark incorporates the Google Maps API(s). By using FoPark, you explicitly agree to be bound by Google’s Terms of Service.
You are specifically restricted from all of the following
- publishing any FoPark material in any other media without the express consent of McNutt & Company;
- selling, sublicensing and/or otherwise commercializing any FoPark material without the express consent of McNutt & Company;
- using any part of FoPark in any way that is or may be damaging to its continued safe and stable operation;
- using any part of FoPark in any way that impacts user access to FoPark;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to FoPark;
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
THE USE OF FOPARK IS AT YOUR SOLE RISK. FOPARK SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. McNutt & Company AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, VENDORS, DEVELOPERS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. McNutt & Company AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, VENDORS, DEVELOPERS, PARTNERS AND LICENSORS MAKE NO WARRANTIES THAT (i) FOPARK WILL MEET YOUR REQUIREMENTS; (ii) FOPARK SHALL BE PROVIDED IN AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE MANNER; (iii) THAT INFORMATION WHICH MAY BE OBTAINED FROM THE USE OF THE FOPARK WILL BE ACCURATE OR RELIABLE; AND (v) THAT ANY SUCH ERRORS CONTAINED IN FOPARK SHALL BE CORRECTED.
Limitation of Liability
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT IN NO EVENT SHALL McNutt & Company AND OUR SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, VENDORS, DEVELOPERS, PARTNERS AND LICENSORS BE LIABLE FOR LOST PROFITS OR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE), INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY BUSINESS, GOODWILL, USE OF THE SERVICES, DATA AND/OR OTHER TANGIBLE OR INTANGIBLE LOSSES, UNLESS AND TO THE EXTENT PROHIBITED BY LAW. OUR LIABILITY AND THAT OF OUR SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, VENDORS, DEVELOPERS, PARTNERS AND/OR LICENSORS IS LIMITED TO THE LESSER OF THE ACTUAL AMOUNT OF DIRECT DAMAGES, OR THE TOTAL AMOUNT PAID BY YOU THROUGH THE SERVICE. McNutt & Company AND OUR SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, VENDORS, DEVELOPERS, PARTNERS AND LICENSORS ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD THESE PARTIES RESPONSIBLE, FOR ANY DAMAGES OR LOSSES INCLUDING THOSE NAMED ABOVE, RESULTING FROM THE FOLLOWING, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THEIR OCCURRENCE:
- THE USE OR INABILITY TO USE FOPARK;
- GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN FOPARK OR IN THE INFORMATION OBTAINED THEREIN;
- THE COST OF PROCURING SUBSTITUTE SERVICES;
- YOUR NEED TO CHANGE PRACTICES, BEHAVIOR, OR OTHER PLANS, OR YOUR INABILITY TO CONDUCT BUSINESS OR PAY ANY CHARGES, AS A RESULT OF CHANGES TO THIS AGREEMENT OR FOPARK POLICIES;
- STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
- FEES, CHARGES, DUES, OR OBLIGATIONS OWED TO THIRD PARTIES IN CONNECTION WITH YOUR USE OR MISUSE OF FOPARK;
- AND ANY OTHER MATTER WHICH MAY BE RELATED TO FOPARK
You hereby indemnify to the fullest extent McNutt & Company and its subsidiaries, parents, affiliates, officers, employees, agents, vendors, developers, partners and licensors from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determinations shall not affect the validity and enforceability of any other remaining provisions.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against McNutt & Company or its agents, employees, contractors, vendors, partners, licensors, or other related parties.
Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the State of Alabama, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Alabama for the resolution of any disputes.
McNutt & Company, LLC (“McNutt & Company”, “we”, “us”) is located at:
570 Devall Dr.
Auburn, AL 36832
Any data collected, as referenced by the below paragraphs, will never be rented, sold, or otherwise given to third parties without the express consent of McNutt & Company.
App Store and Analytics Data
FoPark includes analytics tools provided by Google. We want to learn how you use FoPark so we can improve it in future updates. Data collected includes statistics on page views. The data collected is seen only by McNutt & Company and its agents, employees, and/or contractors, and is stored within the Google Analytics system. Data is encrypted in transit and is anonymous. Neither your name, email address, nor any other personal information will be linked to analytics data.
Geolocation and Mapping
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
Links To External Sites
We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites, products or services.