BuyIowaOnline.com Terms Of Use
Buy Iowa, LLC, (“Buy Iowa”) provides the buyiowaonline.com website (“Website”) subject to the following terms (“Terms of Use”). If you do not agree to these Terms of Use, do not register with or enter this Website. By using the Website, you are agreeing to comply with the Terms of Use and the terms of the Buy Iowa Privacy Policy. From time to time, Buy Iowa may change the terms of this Terms of Use without notice to you. All such modifications shall become effective immediately, please check them before using the Website to determine whether a change has been made. Your continued use of the Website after the posting of any changes shall constitute your agreement with, and acceptance of, such changes. In the event you do not agree to abide by the Terms of Use, you must not use the Website in any manner.
WEBSITE CONTENT
Your right to use the Website is specifically limited by this Agreement. Buy Iowa and its authors retain the entire right, title and interest, including the copyright, in all aspects of content on the Website, including, but not limited to, the Website layout, design, product descriptions, product design, graphics, photographs, HTML text, software code, tags, and forms, as well as the selection and arrangement thereof (“Content”).
All copyrightable Content, including the selection and arrangement thereof, is copyright of its respective owners, ALL RIGHTS RESERVED. Except as stated herein, you may not copy, reproduce, distribute, republish, download, post or transmit the Content in any form or by any means, including, but not limited to, electronic, mechanical, photocopy, recording, or otherwise, without the prior written permission of Buy Iowa. By submitting any material directly to Buy Iowa or the Website, you thereby grant Buy Iowa a worldwide, royalty-free, and non-exclusive license “License” thereto. The License extends to all comments, reviews, photos, graphics, audio, or video that you submit. The License includes the right to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such material, and to incorporate such material into other works in any format or medium now known or later developed. You are wholly responsible for the material you submit to Buy Iowa or the Website. You agree to hold Buy Iowa harmless from any claim or damage resulting in whole or in part from Content you submit to Buy Iowa or the Website.
You acknowledge that the Content is provided AS-IS, without any warranty, including any warranty of merchantability or fitness for an intended purpose. Buy Iowa does not necessarily pre-screen, approve, or control the third-party Content submitted to be posted to the Website, including, but not limited to, the description of any product (“Product”) on the Website. Buy Iowa does not guarantee the accuracy or veracity of any Content. Buy Iowa does not (1) guarantee or ensure any product, service or transaction between a buyer and Vendor; or (2) guarantee or ensure the applicability of any Product for any particular purpose.
Accordingly, it is your duty to independently verify the suitability of a particular Product BEFORE purchasing such Product from the Website. Buy Iowa is not liable for any false, outdated, misleading, offensive, indecent, inaccurate or otherwise objectionable Content. You acknowledge Buy Iowa is not liable to you or any third party for any errors, omissions, or loss or damage incurred as a result of using the Website. Your only recourse is to stop using the Website.
VIOLATIONS
BREACH OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO: 1) REPUBLICATION OF CONTENT; 2) USING CONTENT IN VIOLATION OF THIS AGREEMENT; 3) USING THE WEBSITE TO CONTACT ANOTHER USER OF THE WEBSITE FOR ANY PURPOSE OTHER THAN THE ONE IMPLIED OR REQUESTED BY SUCH USER; OR 4) CONTACTING SUCH A USER AFTER RECEIVING INSTRUCTIONS NOT TO CONTACT THEM, ENTITLES BUY IOWA TO RECEIVE FROM YOU MINIMUM DAMAGES IN THE AMOUNT OF $500 FOR EACH VIOLATION, PLUS LEGAL FEES. IN THE EVENT YOU POST, OR CAUSE ANY CONTENT TO BE POSTED ONLINE. SUCH REPUBLICATION ENTITLES BUY IOWA TO RECEIVE FROM YOU MINIMUM DAMAGES IN THE AMOUNT OF $100 FOR EACH PAGE VIEW LOGGED TO THE WEBPAGE CONTAINING THE CONTENT. THESE DAMAGES SHALL BE IN ADDITION TO DAMAGES AWARDED TO OTHER WRONGED PARTIES.
ACCOUNT
Access to certain areas of the Website requires your creation of a Buy Iowa user account (“Account”). You must provide complete and accurate information when creating your Account and you must prevent use of your Account by any third parties. You are legally responsible for any activities undertaken using your Account. Notify Buy Iowa immediately if you suspect your Account has been compromised. Buy Iowa shall not be responsible to you for any damages attributable to unauthorized use of your Account. Buy Iowa reserves the right, at Buy Iowa’s sole discretion, to cancel unconfirmed or inactive accounts. Buy Iowa reserves the right to refuse service to anyone, or cancel any account, for any reason, at any time.
USE OF THE WEBSITE
UNDER NO CIRCUMSTANCES, SHALL YOU MAKE COMMERCIAL USE OF, TRANSFER, PUBLISH, OR OTHERWISE DISTRIBUTE THE CONTENT OR ANY PORTION OF THE WEBSITE IN ANY MANNER. Absent a prior written agreement, signed by an officer of Buy Iowa, your right to use the Website is strictly limited to a private, non-commercial license granted. Buy Iowa hereby grants you, subject to the terms and conditions set forth in this Agreement, a non-exclusive and nontransferable license (“License”) to use the Website. Buy Iowa may cancel this License at any time, for any reason, or for no reason. Except and to the extent expressly provided herein, no rights or licenses, expressed or implied, are hereby granted to you, as a result of, or related to this Agreement, under any patents, copyrights, trade secrets, or other proprietary rights of Buy Iowa.
Under the terms of this License, you may only access this Website:
- for your personal, non-commercial use (provided, however, licensed Website vendors (“Vendors”) may access the Website for those commercial purposes outlined under a separate Vendor agreement with Buy Iowa);
- using the standard functionality provided through the Website;
- using your own user name and password; and
- if you are 13 years of age or older (We do not knowingly collect information from anyone under 13 years of age);
- Under the terms of this License, you shall not:
- redistribute any portion of this Website or the content contained thereon, in any manner, in any medium;
- attempt to defeat, defeat or “work around” any copy-protection or any system designed to restrict access to human visitors;
- extract or collect any personally identifiable information from or through the Website;
- alter, modify or vandalize the Website;
- assign, rent, sublease or otherwise attempt to transfer any rights under this Agreement;
- use any inappropriate language in conjunction with the Website, including, but not limited to, profanity and hate speech;
- transfer any portion of this Website or the content contained thereon, in any manner, in any medium;use any automated data mining, including any type of bot or spider, to collect any information from the Website;
- use the Website for any commercial solicitation including, but not limited to, solicitation of Authors to provide content for another website;
- attempt to modify, translate, reverse engineer, decompile, disassemble, create derivative works based on, or copy the Website; or
- use Content for the purpose of circumventing Website sales.
Buy Iowa reserves all rights not expressly granted hereunder. You acknowledge that violation of this Agreement may cause Buy Iowa and/or its vendors irreparable harm for which there is no adequate remedy at law. Therefore, in additional to pursuing damages attributable to your breach of this Agreement, in the event of your actual or threatened misuse of the Content or any portion of the Website in violation of this Agreement, Buy Iowa shall be entitled to equitable relief as granted by any appropriate judicial body.
IMPERMISSIBLE ACTIVITY
You shall not use the Website or any BUY IOWA server to transmit any data which: (1) is unlawful, threatening or abusive; (2) encourages criminal or other activity which would reasonably give rise to civil liability or otherwise violate any local, state, federal or international law; (3) is vulgar, profane, obscene or offensive; (4) is pornographic, sexually explicit or indecent; (5) contains false or misleading information (6) inhibits another user from use or enjoyment of this Website; (7) is defamatory or libelous; (8) contains a virus or surreptitious code; (9) contains any type of commercial component or advertising; (10) includes any type of Spam, chain letter or non-employment related solicitation or advertising; (11) includes trade secrets, encrypted material, passwords or information on how to access password-protected material; (12) includes personally identifiable information regarding any person under 18 years of age, or (13) promotes any form of intellectual property infringement, including, but not limited to copyright infringement. You also shall not: (1) copy, reverse engineer, transfer, allow unauthorized access to or otherwise misuse the Website; (2) use the Website except as specifically authorized under this Agreement; (3) attempt to obtain unauthorized access to any account, hardware, system or network related to Buy Iowa; (4) modify, adapt or create derivative works based on the Website or any content provided thereon or contained in any Buy Iowa servers or systems; (5) disrupt any account, hardware, system or network related to Buy Iowa; (6) attempt to extract any data from the Website other than data expressly made available to you by BUY IOWA; or (7) use any software related to BUY IOWA to develop any software which provides you or any other person or entity, unauthorized access to the Website. If at any time Buy Iowa becomes aware of any unauthorized usage of this Website, including any unauthorized political, commercial, malicious, destructive or illegal use, Buy Iowa may, at its discretion, purge the information and/or report any such activities to the relevant authorities. If you become aware of any such unauthorized usage of the Website, contact the webmaster immediately at webmaster@BuyIowaOnline.com.
SUBMISSIONS
You acknowledge that submissions sent by you to this Website ("Submissions") are non-confidential and that others may read and/or intercept such Submissions. You are wholly responsible for all Submissions. In forwarding any Submission to Buy Iowa, you warrant that you have the right and authorization from the holders of all intellectual property rights depicted in, used in or referenced by such Submission to use the Submission as envisioned under this Agreement and on the Website. You warrant that your Submissions do not defame anyone or violate anyone’s right of privacy or publicity. You also warrant that the Submission is not in violation of any local, state or federal law.
Buy Iowa has the right, but not the obligation, in its sole discretion to review any Submissions transmitted using this Website or Buy Iowa's server, and to edit or delete any Submissions at any time for any reason. You hereby consent to Buy Iowa's collection and use of such Submissions in accordance with Buy Iowa's then current Privacy Policy and acknowledge that submitting Submissions to this Website creates no confidential or fiduciary relationship between you and Buy Iowa.
You thereby assign all right, title and interest, including the copyright in all Submissions to Buy Iowa. Accordingly, Buy Iowa shall own all intellectual property rights in Submissions and shall be entitled to the unrestricted use of the Submissions for any purpose, commercial or otherwise, without acknowledgment, compensation or liability to you. By submitting such Submissions to this Website, you irrevocably waive all "moral rights" in such Submissions.
INDEMNIFICATION
You agree to defend, indemnify and hold Buy Iowa, its parents, subsidiaries, affiliates, managers and employees, its suppliers and their respective affiliates and agents, harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to your use of this Website, including, but not limited to:
- your forwarding to this Website of any Submission;
- your alleged breach of this Agreement;
- your infringement of any intellectual property or other right of any person or entity or
- injury or harm caused by you using any product obtained through the Website.
LIMITATION OF LIABILITY
IN NO EVENT SHALL BUY IOWA, ITS PARENTS, AFFILIATES, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE, OR FOR THE LOSS OF PROFITS, OR DAMAGES THAT MAY RESULT FROM THEFT, DELAYS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, FAILURE OF PERFORMANCE, DESTRUCTION OR UNAUTHORIZED ACCESS TO BUY IOWA RECORDS, OR FOR THE COST OF OBTAINING SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, EVEN IF BUY IOWA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH CASES, THE ABOVE LIMITATION OF LIABILITY MAY NOT APPLY TO YOU TO THE EXTENT THAT BUY IOWA'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION SHALL NOT BE GREATER THAN THE TOTALITY OF PAYMENTS MADE BY YOU TO BUY IOWA UNDER THIS AGREEMENT. NOTHING IN THIS AGREEMENT GRANTS ANY THIRD PARTY RIGHTS OR BENEFITS.
DISCLAIMER
YOU ACKNOWLEDGE THAT THIS WEBSITE AND THE CONTENT HEREIN IS PROVIDED ON AN "AS IS, WHERE IS" BASIS AND THAT BUY IOWA MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESSED OR IMPLIED, REGARDING THIS WEBSITE OR THE CONTENT. BUY IOWA DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABLILTY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BY USING OR ATTEMPTING TO USE THIS WEBSITE YOU EXPRESSLY ACKNOWLEDGE: (1) THE CONTENT COULD INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS; (2) BUY IOWA DOES NOT REPRESENT OR WARRANT THE TIMELINESS, RELIABILITY, COMPLETENESS OR ACCURACY OF THE CONTENT; (3) BUY IOWA DOES NOT REPRESENT OR WARRANT THE SUITABILITY OF ANY PRODUCT FOR ANY PARTICULAR PURPOSE; AND (4) BUY IOWA DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF ERRORS OR VIRUSES OR OTHER POTENTIALLY DAMAGING MATERIAL.
BUY IOWA MAY PERIODICALLY CHANGE CONTENT. BUY IOWA RESERVES THE RIGHT TO IMPLEMENT SUCH CHANGES, AT ANY TIME WITHOUT NOTICE TO YOU. UNLESS SPECIFICALLY INDICATED IN WRITING TO THE CONTRARY, NO REFERENCE IN THIS WEBSITE TO ANY PRODUCTS, SERVICES, PROCESSES, OR OTHER CONTENT, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER, OR OTHERWISE SHALL CONSTITUTE OR IMPLY BUY IOWA'S ENDORSEMENT OR SPONSORSHIP THEREOF
LINKS TO THIRD-PARTY SITES
This Website includes hypertext links to other websites and Buy Iowa has no control over, and makes no representations of any kind regarding the content on such websites, or the content on any website linked to such websites, or any changes or modifications made thereto. You hereby acknowledge that by using any such hypertext links, you thereby irrevocably waive any and all claims against Buy Iowa regarding such websites and must adhere to the usage and privacy policies governing such sites. Note that this website's use of hypertext links to other websites does not imply Buy Iowa's sponsorship or endorsement of any such websites.
COPYRIGHT INFRINGEMENT NOTICE
It is Buy Iowa’s policy to investigate and respond to claims of intellectual property infringement. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(3) ("DMCA"), Buy Iowa has designated the following agent to the U.S. Copyright Office to receive ONLY notifications of claimed copyright infringement relating to the Website:
- by mail:
Buy Iowa DMCA Copyright Agent
c/o Law Offices Of Brett J. Trout
516 Walnut
Des Moines, Iowa 50309
- by fax: (515) 280-7114
- by email: trout@bretttrout.com
If you believe any of the Website Content infringes your copyright, forward the following information to the above-identified DMCA Agent:
- a physical or electronic signature of the copyright holder or an authorized agent acting on behalf of the copyright holder;
- a description of the copyrighted work you claim is infringed or, if multiple works are involved, a representative list of the works you believe are infringed;
- a description of the material that is allegedly infringing or the subject of infringing activity, and information reasonably sufficient to permit us to locate the material;
- your contact information, including your address, telephone number, and email address;
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; anda statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe your Submission was inappropriately removed from the Website under the DMCA, you may forward a counter-notice, containing the following information, to the above-identified DMCA Agent:
- your physical or electronic signature;
- a description of the Submission you claim was inappropriately removed and the online location at which the Submission appeared before it was removed;
- a description of the material that is allegedly infringing or the subject of infringing activity, and information reasonably sufficient to permit us to locate the material;
- your contact information, including your address, telephone number, and email address;
- a statement that you have a good faith belief that the Submission was removed as a result of mistake or misidentification; and
- a statement that you consent to the jurisdiction of the Federal Court in Des Moines, Iowa.a statement that you will accept service of process from the party providing the original DMCA notice of infringement.
In the event Buy Iowa receives a counter–notice under the DMCA, Buy Iowa may inform the party providing the original DMCA notice of infringement of the counter-notice and, at Buy Iowa’s discretion, repost the Submission, unless the party providing the original DMCA notice of infringement files, within 10 days, a lawsuit in Federal Court to stop the reposting of the Submission.
TRADEMARK
All trademarks used on this Website are the property of their respective owners and may not be used without permission therefrom. Whether or not specifically designated as such, the Buy Iowa logo and all other colors, graphics, logos, sounds, images, icons and buttons displayed in this Website ("Marks") are trademarks of Buy Iowa and/or its affiliates. Absent prior written consent from an officer of Buy Iowa, you may not copy, imitate or use any portion of the Marks.
DATA COLLECTION AND USE
Your Submissions are subject to Buy Iowa’s Privacy Policy. By using this Website, you agree to review the Privacy Policy, and be bound by its terms and conditions. From time to time, Buy Iowa may change its Privacy Policy without notice to you. Your continued use of this Website after the posting of any changes shall constitute your agreement with and acceptance of such changes.
Buy Iowa does not knowingly collect data directly from anyone under 13 years of age. If you believe Buy Iowa has inadvertently collected any such data, please contact our website administrator at webmaster@BuyIowaOnline.com for information regarding removal of any such data from our files.
MONITORING THE SITE
You acknowledge that you are solely responsible for all of your activities in relationship to this Website, including the contents of all Submissions, and the consequences thereof. You agree to indemnify, defend and hold Buy Iowa harmless for any liability arising from your use of this Website. While Buy Iowa respects your privacy, you hereby acknowledge that this Agreement creates no reasonable expectation of privacy in any Submissions. Buy Iowa may, but is under no obligation to, use blocking and/or filtering software and other monitoring devices to prevent the dissemination of unsolicited electronic communications (“spam”). You may not use this Website in association with such spam, any computer viruses or any other potentially damaging computer code. Buy Iowa will prosecute violations of this provision to the fullest extent allowed by law and reserves the right to take additional action regarding any such activity or conduct. Such additional action may include recovery of costs and expenses associated with identifying offenders, and preventing their access to this Website, as well as lost profits, damages, court costs and attorney fees associated with repairing any damaged software or hardware. Notwithstanding any provisions of the Privacy Policy, Buy Iowa reserves the right to report any Submissions which Buy Iowa believes violate any law or regulation to appropriate law enforcement officials, regulators, or other third parties, and to assist such parties in their investigations.
ADDITIONAL FEATURES
Use of or access to specific features of the Website may require you to accept additional terms and conditions. In the event that such additional terms and conditions conflict with this Agreement or the Buy Iowa Terms of Use, the terms and conditions associated with the specific feature(s) shall take precedence with respect to your use of or access to such specific feature(s).
CHANGES AND ERRORS
Buy Iowa reserves the right to change the goods and services advertised or offered for sale through the Website, the prices or specifications thereof, as well as any offers and any other Content at any time without notice or liability to you. Buy Iowa reserves the right to terminate any pending or executed order in the event Buy Iowa identifies an error in Content related to the order, or if Buy Iowa identifies a breach of this or any other agreement related to the Website. In the event Buy Iowa terminates your order, Buy Iowa will notify you of such termination and either not charge you for the order or credit the payment to you in like kind based upon the type of payment used in the terminated order. Buy Iowa does not warrant or guarantee that any goods or services advertised or offered for sale through the Website will be available at any time, and Buy Iowa specifically reserves the right to limit quantities available for sale. Buy Iowa does not warrant that the Content, including any information relating to the pricing or description of goods or services or their prices, will be current, complete, accurate or error-free.
GOVERNING LAW
This is the entire agreement between you and Buy Iowa relating to your use of this Website. The laws of the State of Iowa, United States of America shall govern this Agreement and the Privacy Policy, notwithstanding any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Agreement, the Privacy Policy or any other agreement or dispute relating to the Website shall be filed only in state or federal court located in Polk County, Iowa, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such action. You agree to accept service of process by mail, and hereby waive all jurisdictional or venue defenses. You acknowledge, for the purposes of any legal action, that no use of the Website gives rise to jurisdiction over Buy Iowa in any other jurisdiction.
TERMINATIONEither you or Buy Iowa may terminate this Agreement at any time. You may terminate this Agreement by destroying all materials obtained from this Website. Buy Iowa may terminate this Agreement immediately, without notice, for any reason, or no reason, and reserves the right to block or prevent your future access to this Website.
INDEPENDENT CONTRACTOR STATUS
You acknowledge and agree that any party whose products are posted on the Buy Iowa Online Website is an independent contractor. Nothing in this agreement, the Buy Iowa Privacy Policy, or other legal notices published by Buy Iowa to the website shall be considered to create the relationship of employer and employee, agent, joint venture or any other form of joint enterprise between Buy Iowa and any party whose products are posted to the website.
GENERAL
You acknowledge this Agreement, Buy Iowa Privacy Policy and other legal notices published by Buy Iowa to the Website constitute the entire agreement between you and Buy Iowa regarding the Website. No agency, partnership, joint venture or employee/employer relationship is intended or created by this Agreement. If any provision of this Agreement is held invalid or unenforceable, such provision shall, to such extent, be deemed omitted, and the balance of this Agreement shall be enforceable in accordance with its terms. No term or provision of this Agreement shall be deemed waived and no breach excused unless such waiver or consent is in writing and signed by Buy Iowa. A waiver by Buy Iowa of any of the conditions to be performed by you hereunder shall not be construed to be a waiver of any succeeding breach thereof. All remedies provided for in this Agreement shall be cumulative, and in addition to, and not in lieu of, any other remedies available to Buy Iowa at law, in equity or otherwise. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or the Website must be filed within one (1) year after such claim or cause of action arises or will be forever barred.
ACKNOWLEDGEMENT AND AGREEMENT
Once you have determined that the rights and obligations outlined above are acceptable to you, please indicate your acknowledgement and acceptance of the terms of this Agreement by selecting "I AGREE" below. Selecting "I AGREE" indicates that you have read and understood the terms of this Agreement, have the authority to enter into contracts of this nature and that you agree to be legally bound thereby.
THIS IS A LEGAL CONTRACT THAT WILL BIND BOTH YOU AND BUY IOWA TO ITS TERMS AND CONDITIONS AS SOON AS YOU CLICK THE “I AGREE” BUTTON.
