Terms of Use and Privacy Policy

Terms of Use

Introduction

The following Terms of Use (the “Terms”) are a legally binding agreement that shall govern the relationship between McNutt & Company, LLC (“McNutt & Company”), our users and others which may interact or interface with FoPark, and our subsidiaries, affiliates, partners, and service providers in association with the use of the FoPark web and mobile app (“FoPark”), which shall be defined below. By using FoPark, you agree to accept these Terms, including the Privacy Policy contained on this page below. You must not use FoPark if you disagree with the Terms.

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.

Restrictions

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;

No warranties

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

Indemnification

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.

Severability

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.

Entire Agreement

These Terms and any policies, including the Privacy Policy below, posted by us on this site or in respect to FoPark constitute the entire agreement and understanding between you and us and govern your use of FoPark, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).

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.

Privacy Policy

McNutt & Company, LLC (“McNutt & Company”, “we”, “us”) is located at:

1661 Shug Jordan Pkwy
Suite 501
Auburn, AL 36830

It is our policy to respect your privacy regarding any information we may collect while operating our mobile and web apps. This Privacy Policy applies to the FoPark mobile and web app (“FoPark”). We respect your privacy and are committed to protecting personally identifiable information you may provide us through the app, if any. We have adopted this privacy policy (“Privacy Policy”) to explain what information may be collected through the app, how we use this information, and under what circumstances we may disclose the information to third parties. This Privacy Policy applies only to information we collect through FoPark and does not apply to our collection of information from other sources.

This Privacy Policy, together with the Terms of Use posted above, set forth the general rules and policies governing your use of our Website. Depending on your activities when using FoPark, you may be required to agree to additional terms and conditions.

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

App stores, such as Google Play, the Apple App Store, the Amazon Appstore, and others, may collect aggregated, non-personally-identifying information on FoPark’s users, including statistics about installations and uninstallations. McNutt & Company does not control or direct the collection of this information; please review your app store’s privacy policy for further information.

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

FoPark requests permission from your device to perform geolocation functions. Geolocation is only performed if and when you request it by pressing the “my location” button located in the top right corner of the app. Certain information, including your location and IP address, may be passed to Google, the provider of our mapping and geolocation solution, via TLS-encrypted transport. By using FoPark, you accept the terms in the Google Privacy Policy, which is hereby incorporated as part of this Privacy Policy.

Security

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

FoPark may contain links to external sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy and terms and conditions of every site you visit.

We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites, products or services.

Privacy Policy Changes

Although most changes are likely to be minor, McNutt & Company may change its Privacy Policy from time to time, and in McNutt & Company’s sole discretion. McNutt & Company encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of FoPark after any change in this Privacy Policy will constitute your acceptance of such change.