Terms and Conditions - MapMyApple

Terms and Conditions
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Last updated: August 02, 2019

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”)
carefully before using the www.mapmyapple.com website and the MapMyApple
mobile application (together, or individually, the “Service”) operated by
Fresh Agriculture Technologies,Inc. (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of
and compliance with these Terms. These Terms apply to all visitors, users and
others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you
disagree with any part of the terms then you do not have permission to access
the Service.

Communications
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By creating an Account on our service, you agree to subscribe to newsletters,
marketing or promotional materials and other information we may send. However,
you may opt out of receiving any, or all, of these communications from us by
following the unsubscribe link or instructions provided in any email we send.

Subscriptions
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Some parts of the Service are billed on a subscription basis
(“Subscription(s)”). You will be billed in advance on a recurring and periodic
basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual
basis, depending on the type of subscription plan you select when purchasing a
Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew
under the exact same conditions unless you cancel it or Fresh Agriculture
Technologies,Inc. cancels it. You may cancel your Subscription renewal either
through your online account management page or by contacting Fresh Agriculture
Technologies,Inc. customer support team.

A valid payment method, including credit card, is required to process the
payment for your Subscription. You shall provide Fresh Agriculture
Technologies,Inc. with accurate and complete billing information including
full name, address, state, zip code, telephone number, and a valid payment
method information. By submitting such payment information, you automatically
authorize Fresh Agriculture Technologies,Inc. to charge all Subscription fees
incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Fresh Agriculture
Technologies,Inc. will issue an electronic invoice indicating that you must
proceed manually, within a certain deadline date, with the full payment
corresponding to the billing period as indicated on the invoice.

Free Trial
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Fresh Agriculture Technologies,Inc. may, at its sole discretion, offer a
Subscription with a free trial for a limited period of time (“Free Trial”).

You may be required to enter your billing information in order to sign up for
the Free Trial.

If you do enter your billing information when signing up for the Free Trial,
you will not be charged by Fresh Agriculture Technologies,Inc. until the Free
Trial has expired. On the last day of the Free Trial period, unless you
cancelled your Subscription, you will be automatically charged the applicable
Subscription fees for the type of Subscription you have selected.

At any time and without notice, Fresh Agriculture Technologies,Inc. reserves
the right to (i) modify the terms and conditions of the Free Trial offer, or
(ii) cancel such Free Trial offer.

Fee Changes
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Fresh Agriculture Technologies,Inc., in its sole discretion and at any time,
may modify the Subscription fees for the Subscriptions. Any Subscription fee
change will become effective at the end of the then-current Billing Cycle.

Fresh Agriculture Technologies,Inc. will provide you with a reasonable prior
notice of any change in Subscription fees to give you an opportunity to
terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into
effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds
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Except when required by law, paid Subscription fees are non-refundable.

Content
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Our Service allows you to post, link, store, share and otherwise make
available certain information, text, graphics, videos, or other material
(“Content”). You are responsible for the Content that you post on or through
the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that:
(i) the Content is yours (you own it) and/or you have the right to use it and
the right to grant us the rights and license as provided in these Terms, and
(ii) that the posting of your Content on or through the Service does not
violate the privacy rights, publicity rights, copyrights, contract rights or
any other rights of any person or entity. We reserve the right to terminate
the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or
display on or through the Service and you are responsible for protecting those
rights. We take no responsibility and assume no liability for Content you or
any third party posts on or through the Service. However, by posting Content
using the Service you grant us the right and license to use, modify, perform,
display, reproduce, and distribute such Content on and through the Service.

Fresh Agriculture Technologies,Inc. has the right but not the obligation to
monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of
Fresh Agriculture Technologies,Inc. or used with permission. You may not
distribute, modify, transmit, reuse, download, repost, copy, or use said
Content, whether in whole or in part, for commercial purposes or for personal
gain, without express advance written permission from us.

Accounts
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When you create an account with us, you guarantee that you are above the age
of 18, and that the information you provide us is accurate, complete, and
current at all times. Inaccurate, incomplete, or obsolete information may
result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and
password, including but not limited to the restriction of access to your
computer and/or account. You agree to accept responsibility for any and all
activities or actions that occur under your account and/or password, whether
your password is with our Service or a third-party service. You must notify us
immediately upon becoming aware of any breach of security or unauthorized use
of your account.

You may not use as a username the name of another person or entity or that is
not lawfully available for use, a name or trademark that is subject to any
rights of another person or entity other than you, without appropriate
authorization. You may not use as a username any name that is offensive,
vulgar or obscene.

Intellectual Property
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The Service and its original content (excluding Content provided by users),
features and functionality are and will remain the exclusive property of Fresh
Agriculture Technologies,Inc. and its licensors. The Service is protected by
copyright, trademark, and other laws of both the United States and foreign
countries. Our trademarks and trade dress may not be used in connection with
any product or service without the prior written consent of Fresh Agriculture
Technologies,Inc..

Links To Other Web Sites
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Our Service may contain links to third party web sites or services that are
not owned or controlled by Fresh Agriculture Technologies,Inc.

Fresh Agriculture Technologies,Inc. has no control over, and assumes no
responsibility for the content, privacy policies, or practices of any third
party web sites or services. We do not warrant the offerings of any of these
entities/individuals or their websites.

You acknowledge and agree that Fresh Agriculture Technologies,Inc. shall not
be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or reliance on
any such content, goods or services available on or through any such third
party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies
of any third party web sites or services that you visit.

Termination
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We may terminate or suspend your account and bar access to the Service
immediately, without prior notice or liability, under our sole discretion, for
any reason whatsoever and without limitation, including but not limited to a
breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the
Service.

All provisions of the Terms which by their nature should survive termination
shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification
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You agree to defend, indemnify and hold harmless Fresh Agriculture
Technologies,Inc. and its licensee and licensors, and their employees,
contractors, agents, officers and directors, from and against any and all
claims, damages, obligations, losses, liabilities, costs or debt, and expenses
(including but not limited to attorney’s fees), resulting from or arising out
of a) your use and access of the Service, by you or any person using your
account and password; b) a breach of these Terms, or c) Content posted on the
Service.

Limitation Of Liability
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In no event shall Fresh Agriculture Technologies,Inc., nor its directors,
employees, partners, agents, suppliers, or affiliates, be liable for any
indirect, incidental, special, consequential or punitive damages, including
without limitation, loss of profits, data, use, goodwill, or other intangible
losses, resulting from (i) your access to or use of or inability to access or
use the Service; (ii) any conduct or content of any third party on the
Service; (iii) any content obtained from the Service; and (iv) unauthorized
access, use or alteration of your transmissions or content, whether based on
warranty, contract, tort (including negligence) or any other legal theory,
whether or not we have been informed of the possibility of such damage, and
even if a remedy set forth herein is found to have failed of its essential
purpose.

Disclaimer
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Your use of the Service is at your sole risk. The Service is provided on an
“AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties
of any kind, whether express or implied, including, but not limited to,
implied warranties of merchantability, fitness for a particular purpose, non-
infringement or course of performance.

Fresh Agriculture Technologies,Inc. its subsidiaries, affiliates, and its
licensors do not warrant that a) the Service will function uninterrupted,
secure or available at any particular time or location; b) any errors or
defects will be corrected; c) the Service is free of viruses or other harmful
components; or d) the results of using the Service will meet your
requirements.

Exclusions
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Some jurisdictions do not allow the exclusion of certain warranties or the
exclusion or limitation of liability for consequential or incidental damages,
so the limitations above may not apply to you.

Governing Law
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These Terms shall be governed and construed in accordance with the laws of
California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be
considered a waiver of those rights. If any provision of these Terms is held
to be invalid or unenforceable by a court, the remaining provisions of these
Terms will remain in effect. These Terms constitute the entire agreement
between us regarding our Service, and supersede and replace any prior
agreements we might have had between us regarding the Service.

Changes
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We reserve the right, at our sole discretion, to modify or replace these Terms
at any time. If a revision is material we will provide at least 30 days notice
prior to any new terms taking effect. What constitutes a material change will
be determined at our sole discretion.

By continuing to access or use our Service after any revisions become
effective, you agree to be bound by the revised terms. If you do not agree to
the new terms, you are no longer authorized to use the Service.

Contact Us
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If you have any questions about these Terms, please contact us.

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