Terms and Conditions

TERMS AND CONDITIONS FOR PARTICIPATION
(July 2011)

To download the terms and conditions for landowners as a PDF, click here

By participating in land record keeping services conducted by US Farm Records (“USFR”) on its website (“Website”), you are expressly agreeing to the following terms and conditions (“TAC”):
 
Relationship Between USFR and Landowners or their Representatives
All of the farm records available on the Website will be conducted wholly by individual, independent landowners (“Landowners”) over whom USFR has no control. With respect to the Landowners, USFR and the Website simply facilitate the connection between the Landowners documents with operators (“Operators”). USFR does not evaluate the quality of the records offered by the Landowners or verify the claims made by the Landowners regarding their properties. USFR shall not be liable for any damages whatsoever resulting from business conducted by the Landowners using the Website.
 
Eligibility
Use of the Website is limited to persons that can lawfully publish the farm records for a piece of land under applicable law. Without limiting the generality of the foregoing, minors may not use the Website. Every person who uses the Website hereby represents to USFR that he or she is not a minor, is at least eighteen (18) years of age, and may otherwise enter into contracts under applicable law.
 
Website Access
You may not download (other than page caching) or modify the Website or any portion of it, without USFR’s express, written consent. This includes: a prohibition on any resale or commercial use of the Website or its contents; on any collection or use of any documents and records; on any derivative use of the Website or its contents; on any downloading or copying of account information for the benefit of another person; on and any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without USFR’s express, written consent. You may not frame or utilize framing techniques to enclose any logo or other proprietary information (including images, text, page layout, or form) available on the Website without USFR’s express, written consent. You may not use any meta tags or any other ‘hidden text’ utilizing any proprietary information available on the Website without USFR's expressed written consent.
 
Online Conduct
You agree to use the Website only for lawful purposes. You are prohibited from posting on or transmitting through the Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially objectionable, ethnically objectionable, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. If USFR is notified of allegedly infringing, defamatory, damaging, illegal, or offensive content provided by you, USFR may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from the Website. USFR may disclose any content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Website; or (iii) to protect the rights or property of you or USFR.
 
System Integrity
You may not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or any transaction conducted on the Website. You agree that you will not use any device, software, or routine to interfere with the proper working of the Website.
 
Finality of All Sales
In the instance of a Landowner deleting their USFR account, all prior records that have been uploaded by the owner will be kept and stored.  These documents will be stored in the event of the Landowner pursuing reactivation of their account with USFR.  Once the account is re-activated all prior documents will once again appear under the Landowners property.
 
Prompt Payment Required
If you are the Landowner, you agree to pay any fees for uploading and editing your records as assigned by USFR at the time and in the manner designated by USFR. Failure to make such payment shall be deemed to be a breach of the TAC, and USFR may exercise all available legal options in attempting to collect payment.
 
Password Security
Your password may be used only to access the Website and conduct the business of uploading and publishing records on different properties.  You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account) and are solely responsible for any use of or action taken using your username and password on the Website. If your password is compromised, you must change your password.
 
Third Party Content, Sites and Services
The Website may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of USFR, including but not limited to websites, directories, servers, networks, systems, information, databases, applications, software, programs, and products or services. Your interactions with organizations and/or individuals found on or through the Website, including payment and delivery of goods or services and any other terms, conditions, warranties or representations associated with such dealings, exist solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. USFR shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on the Website, or between users and any third party, you understand and agree that USFR is under no obligation to become involved. In the event that you have a dispute with one or more users, you hereby release USFR, its officers, employees, agents and successors from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.
 
Termination of Service
If USFR believes or holds evidence that you have acted inconsistently with the letter or spirit of the TAC, USFR, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to the Website immediately and without notice. Further, you agree that USFR shall not be liable to you or any third-party for any termination of your access to the Website.
 
Applicable Law
By visiting the Website, you agree that the laws of the State of Iowa, without regard to principles of conflict of laws, will govern the TAC and any dispute of any sort that might arise between you and USFR.
 
Disclaimer of Warranties
YOU AGREE THAT USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. UNLESS SPECIFIED OTHERWISE BY USFR IN WRITING, THE WEBSITE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND WITH RESPECT TO RECORDS UPLOADED ON THE WEBSITE. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, USFR DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE USE OF THE WEBSITE.

Limitations of Liability
USFR SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THEWEBSITE.
 
Arbitration
YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE TAC OR THE WEBSITE SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN DES MOINES, IOWA, AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION THEREOF. EITHER YOU OR USFR MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IN DES MOINES, IOWA, IF NECESSARY TO PROTECT THE RIGHTS OR PROPERTY OF YOU OR USFR PENDING THE COMPLETION OF ARBITRATION. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THE TAC.
 
AS A LANDOWNER, YOU MUST AGREE THAT:
 
- The documents and records you upload are up to date and accurate.
 
- The documents and records you upload are to pieces of land that your either own, operate, or manage.
 
- If there are other owners of the property, you assure USFR that you have the legal authority to act on their behalf.
 
- Once a property is active for uploading records, it cannot be withdrawn before the contract period is completed. Only under extenuating circumstances and with payment of the (estimated) fees that would have been incurred if the process had continued, will USFR delete properties records.
 
- Discrimination based upon race, sex, creed, color, religion, or origin of birth is prohibited by anyone using USFR. 
 
- You agree to use USFR to upload and publish your records regarding your properties.
 
- You are at least 18 years of age.