Terms of Use Agreement
This Public Notice Database (www.iowapublicnotices.com), which serves as repository for such notices, is hereby established pursuant to Iowa Code Chapter 618 as the statewide website established and maintained as a joint venture of the majority of Iowa newspapers.
The capability of placing notices to the Public Notice Database on this site is one component of the publication requirements for Legal and Public Notices under Iowa law.
These Terms of Use ("Terms") explain the contractual agreement between you and Iowa Newspaper Association, Inc. ("INA") regarding your use of the Public Notice Database www.iowapublicnotices.com and the public records within the Public Notice Database. INA provides the Public Notice Database in an effort to make public notices easily accessible in the State of Iowa. INA provides access to the Public Notice Database free of charge to members of the public and at no additional cost to government. To the extent permitted by law, INA may charge a fee to subscribe to alerts of public notices and reports by way of the "smart search" option.
1. ACCEPTING & UPDATING THESE TERMS
By using the Public Notice Database you agree to these Terms. INA may update these Terms from time to time. The updated Terms shall be effective once posted. If you have any questions about these Terms or the Public Notice Database, please contact INA at ina@inanews.com.
2. THIRD PARTY CONTENT
The Public Notice Database consists of public notices submitted by newspapers in Iowa. Because content is submitted by third parties directly, INA exercises no control over that content or its accuracy, nor does INA assume any responsibility for the timely publication of these notices by the third parties. You agree that INA shall not be responsible or liable for any loss caused or alleged in connection with use of the Public Notice Database.
Iowa newspapers, both members of the INA and non-members, are required by law to upload notices to this website.
3. USE OF CONTENT ON SITE
INA grants you permission to view this site and to download or print individual pages of this site consistent with Iowa law. You may not remove any trademark, copyright or other notice contained in such content. Any rights not expressly granted herein are reserved. INA may modify the site at any time.
4. DISQUALIFICATION AND TERMINATION
You agree that INA, in its sole discretion, may disqualify you from using the Public Notice Database or the smart search subscription if INA believes that you have violated the Terms or Iowa’s Public Notice laws. INA shall not be liable to you or any third party for such termination of your access to the Public Notice Database.
We reserve the right to block users or IP addresses that violate these Terms or are otherwise engaged in activities that interfere with the normal operations of the site.
INA has required that each newspaper, as a condition of uploading notices to this site, certify that the newspaper meets the requirements of Iowa Code Section 618.3. INA takes no responsibility for that certification, and each person or public body placing a notice for publication with a newspaper is responsible for selecting a newspaper which meets the specific requirement for each notice. The requirements of each statute which requires the publication of the notice should be reviewed to determine which newspaper or newspapers are eligible to publish the notice. INA assumes no responsibility for the selection of the appropriate newspaper for publication.
5. PRIVACY
Except for smart search subscribers, INA does not collect names or addresses of Public Notice Database users. Unless required by law, INA does not sell, rent, barter mailing lists of site users or disclose users' names, addresses, or other personally identifying information.
6. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: EXCEPT AS OTHERWISE REQUIRED BY LAW, YOUR USE OF THE PUBLIC NOTICE DATABASE IS AT YOUR SOLE RISK. THE PUBLIC NOTICE DATABASE IS PROVIDED BY INA "AS IS." INA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION OBTAINED BY WAY OF THE PUBLIC NOTICE DATABASE SHALL CREATE ANY WARRANTY BINDING INA.
7. INDEMNIFICATION
You agree to indemnify and hold INA, and its subsidiaries, affiliates, agents or other partners, and employees, harmless for any claim, including reasonable attorneys' fees, made by any third party arising out of (a) your breach of any of your representations, warranties or obligations hereunder, (b) your use of the Public Notice Database.
8. ATTORNEYS' FEES
You agree that if INA brings a lawsuit against you for breach of these Terms and if INA wholly or partly prevails in such lawsuit, you shall pay INA its reasonable attorneys’ fees and costs incurred in connection with such lawsuit.
9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT INA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE PUBLIC NOTICE DATABASE; (b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PUBLIC NOTICE DATABASE; OR (d) ANY OTHER MATTER RELATING TO THE PUBLIC NOTICE DATABASE CONTENT.
10. GOVERNING LAW & JURISDICTION
The Public Notice Database is compiled and made available to the public by INA from its offices in Des Moines, Iowa, United States of America. If you choose to access this database from outside Iowa you alone are responsible for compliance with applicable local laws. Any legal dispute relating to the Public Notice Database shall be governed by Iowa law and adjudicated exclusively by the state and federal courts located in Polk County, Iowa, and you consent to the personal jurisdiction of those courts.
11. OTHER GENERAL PROVISIONS
These Terms constitute the entire agreement between INA and you and govern your use of the Public Notice Database, superseding any prior agreements between you and INA. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in force. INA's failure to act with respect to a breach by you or others does not waive INA's right to act with respect to subsequent or similar breaches. By using the Public Notice Database, you represent that you can form legally binding contracts. These Terms and all writings incorporated by reference into the Terms set forth the entire agreement between the parties with respect to the Public Notice Database.