terms of use
Please read all these provisions (“terms”) carefully before using this website.
Using this website indicates your agreement and acceptance of these terms. If you do not accept these terms, do not use this website or download materials from this website.
The website and its Use
The Prairie Trail website is owned and provided by DRA Properties from its offices in Ankeny, Iowa. The websites of DRA Properties subsidiaries and affiliated companies are each owned and provided by such subsidiaries and companies.
For purposes herein, Prairie Trail and its subsidiaries and affiliated companies are collectively referred to as "Prairie Trail." The applicable website or websites are referred to herein as the "website." Each website is provided for your personal information and non-commercial use.
Please feel free to browse the website; however, your access to and use of the website is subject to the following Terms and all applicable laws:
• You shall use the website for lawful purposes only.
• You shall not post or transmit through the website any information or material which violates or infringes, in any way, the rights of others, or which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, harassing, or otherwise objectionable.
• Nor shall you post or transmit through the website any information or material which encourages conduct that would constitute a criminal offense, give rise to liability or otherwise violate any law or administrative ruling or guidelines, is in violation of these Terms, or which, without Prairie Trail's prior written approval, contain advertising or any solicitation with respect to products or services.
Any conduct by you that, in Prairie Trail's opinion, restricts or inhibits any other user from using or enjoying the website will not be permitted.
The website contains information and material, including, but not limited to, text, software, photos, video, graphics and audio, (collectively "Materials") which are derived in whole or in part from information and materials supplied by Prairie Trail and other sources, and are protected by international copyright, trademark and other laws and the entire content of the website is copyrighted as a collective work under the United States Copyright Laws.
Prairie Trail owns the copyright in the overall selection, coordination, arrangement and enhancement of such content, and owns the rights in, or license to use, the individual components of such content.
Materials may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way or decompiled, reverse engineered or disassembled, including but not limited to the text, images, audio and/or video, as well as any software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software), except that you may download one copy of the Materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright, trademark and other proprietary notices and make no change in or deletion of author attribution.
This limited authorization is not a transfer of title in the Materials and by your use of the website, you acknowledge that you do not acquire any license, ownership or other rights to the Materials.
Modification of the Materials or use of the Materials for any other purpose is a violation of Prairie Trail's or such other sources' copyright, trademark and other proprietary rights and may violate other laws.
The use of any such Materials on any other website or networked computer or environment is prohibited without Prairie Trail's express written consent. If you breach any of these Terms, your authorization to use the website automatically terminates and you must immediately destroy any downloaded or printed Materials.
Disclaimer
The website and materials and related communications are provided “as is” without any representations or warranties, express or implied, of any kind, including, but not limited to, warranties of merchantability, non-infringement, or fitness for particular purpose..
Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions of implied warranties may not be applicable under certain circumstances.
Prairie Trail also does not warrant the accuracy or completeness of the materials, including but not limited to the reliability of any advice, statement or other information displayed or distributed through the website. You acknowledge by the use of the website that any reliance on any such materials, advice, statement or information shall be at your sole risk.
Prairie Trail assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the website (including any bulletin board and chat room you’re your downloading of any materials from the website.
Third-Party websites
Prairie Trail may provide as a convenience to you, links to websites operated by other entities and persons, but makes no representations whatsoever about any other website which you may access through this one. Any link to a non-Prairie Trail website does not mean that Prairie Trail endorses or accepts any responsibility for the content, or the use of such website.
If you use these websites, you do so at your own risk. Prairie Trail makes no warranty or representation regarding, and does not sponsor or endorse, any linked websites or the information or materials appearing thereon or any of products and services described thereon.
Furthermore, links do not imply that Prairie Trail is affiliated or associated with, or that any linked website is authorized to use any trademark, trade name, logo, or copyright of Prairie Trail.
Third Party Content
Any opinions, statements, services, offers or other information or content expressed or made available in the website by any third party are those of the respective author(s) or distributor(s) and not of Prairie Trail.
Limitation of Liability
Your use and browsing of the website is at your risk. If you are dissatisfied with any of the Materials contained in the website, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using the website.
Under no circumstances will Prairie Trail, its suppliers or other third parties mentioned at, or involved in creating, producing, or delivering the website be liable for any direct, incidental, consequential, indirect, special or punitive damages whatsoever (including without limitation, costs and expenses of any type incurred, lost profits, lost data or programs, and business interruption) arising out of your access to, use, inability to use or the results of use of the website any websites linked to the website, or any materials contained at any or all such websites (including but not limited to those caused by or resulting from a failure of performance; error; omission; linking to other websites; interruption; deletion; defect; delay in operation or transmission; computer virus; communication line failure; or destruction, unauthorized access to, alteration of, or use of any computer or system), whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory and whether or not Prairie Trail was advised of the possibility of such damages.
Prairie Trail shall have no liability or responsibility for any acts, omissions, or conduct of any user or third party.
Prairie Trail's obligations and responsibilities regarding its products and services are governed solely by Prairie Trail's terms and conditions of sale or license under which such products and services are sold or licensed.
Copies of such terms and conditions are available from the applicable Prairie Trail entity.
Information Provided By You
It has been and remains Prairie Trail's policy not to accept or consider ideas, suggestions or materials other than those that Prairie Trail has specifically requested from you. Accordingly, Prairie Trail does not want you to, and you should not, send any confidential or proprietary information to Prairie Trail through the website unless specifically requested by Prairie Trail. Please note that any unsolicited information or material sent to Prairie Trail will be deemed not to be confidential or proprietary.
By submitting information and material to the website, you automatically grant to Prairie Trail (or warrant that the owner of such information and material has expressly granted to Prairie Trail) a royalty-free, perpetual, irrevocable, unrestricted, right and license to use, reproduce, display, perform, modify, adapt, publish, translate, transmit and distribute, or otherwise make available to other such information and material (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed. You also agree that Prairie Trail is free to use any ideas, concepts, know-how, or techniques that you send Prairie Trail for any purpose.
As further provided above, Prairie Trail does not want to receive, and you are deemed to covenant and agree through the use of the website not to provide, any information or materials to Prairie Trail that are defamatory, threatening, obscene, harassing, in violation of any law, governmental requirements or otherwise unlawful, or that incorporate the proprietary information or materials of another person or entity.
You shall not upload, post or otherwise make available on the website any information and material protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right(s).
You shall be solely liable for any damages resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission.
Changes
Prairie Trail reserves the right, in its sole discretion, to revise these Terms at any time and correct any errors or omissions in any portion of the website and Materials. Materials may also be changed, modified, added, or removed and updated without notice at any time; however, Prairie Trail is under no obligation to update Materials.
Prairie Trail may also make changes in the products, services or programs described in the website at any time without notice. Your continued use of the website after any change Prairie Trail makes to the website will be considered acceptance of those changes.
You should revisit these Terms from time to time to review the then-current Terms because they are binding on you.
Linking to website
Anyone linking to Prairie Trail's website must comply with Prairie Trail's guidelines for linking to Prairie Trail's website and all applicable laws.
International Users
The website is administered by Prairie Trail from its offices in the United States. Materials published at the website may refer to products, programs, or services that are not available in your country. Consult your local Prairie Trail contact in this regard.
Furthermore, Prairie Trail makes no representation that the Materials at the website are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited.
You may not use the website or export information and materials in violation of the export laws of the United States or any other country. If you access the website from a location outside of the United States, you are responsible for compliance with all applicable laws.
Governing Law
These Terms shall be governed by the laws of the State of Iowa, without giving effect to any principles of conflicts of law. If any provision of this Agreement and Terms shall be unlawful, void, or for any reason unenforceable then that provision shall be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms constitute the entire agreement between Prairie Trail and you with respect to your use of the website. Any cause of action you may have with respect to your use of the website must be commenced within six (6) months after the claim or cause of action arises.
