Terms and Conditions

1. Introduction and Acceptance of Terms

These Terms and Conditions (“Terms”) govern your use of the Top Hat Farms website located at https://tophatfarms.org (the “Website”). Top Hat Farms is a family-owned Simmental cattle breeding and livestock operation based in Utah, United States.

By accessing or using the Website, you agree to be bound by these Terms in their entirety. If you do not agree with any part of these Terms, please discontinue use of the Website immediately.

Throughout these Terms, “we,” “us,” and “our” refer to Top Hat Farms, its owners, and its representatives. “You” and “your” refer to any individual or entity accessing or using the Website.

2. Use of the Website

The Website is provided for informational purposes about Top Hat Farms’ livestock breeding program, cattle offerings — including donor cattle, sires and bulls for commercial and registered herds, show prospects, and replacement females — and related agricultural services.

You may browse, view, and access content on the Website for personal, non-commercial reference. Top Hat Farms reserves the right to modify, suspend, or discontinue any part of the Website at any time and without prior notice.

3. User Responsibilities

When using the Website, you agree to the following responsibilities:

• Use the Website lawfully and in accordance with these Terms.
• Do not attempt to gain unauthorized access to any part of the Website, its servers, or any systems connected to the Website.
• Do not interfere with or disrupt the Website’s functionality or the experience of other users.
• Ensure that your own equipment, software, and internet connection are adequate to access and use the Website.
• Do not use the Website to transmit harmful code, viruses, malware, or any other malicious software.

4. Intellectual Property

All content on the Website — including but not limited to text, photographs, images, graphics, logos, the Top Hat Farms name and branding, cattle pedigree information, and the overall website design — is the property of Top Hat Farms or its content suppliers and is protected by United States copyright and intellectual property laws.

No content from the Website may be reproduced, distributed, modified, or republished in any form without prior written consent from Top Hat Farms.

Limited use of content for personal, non-commercial reference is permitted, provided that proper attribution to Top Hat Farms is given.

5. Privacy Practices

Top Hat Farms maintains a separate Privacy Policy, available at https://tophatfarms.org/privacy-policy/, which describes how personal information is collected, used, and protected when you interact with the Website.

By using the Website, you also agree to the practices described in the Privacy Policy. The Website may use cookies and similar technologies as further described in the Privacy Policy.

6. Livestock and Agricultural Information Disclaimer

All cattle data, Expected Progeny Differences (EPDs), performance records, pedigree information, and breeding descriptions provided on the Website are offered for general informational purposes only. Please keep the following in mind:

• While Top Hat Farms strives for accuracy in all livestock information, no guarantees are made regarding the completeness, timeliness, or accuracy of any data presented on the Website.
• Information on the Website does not constitute a warranty of animal performance, health, fertility, or breeding outcomes.
• Buyers and prospective buyers should conduct their own due diligence, inspections, and evaluations before making any purchasing decisions.
• Top Hat Farms recommends consulting with a qualified veterinarian or livestock professional for specific questions regarding animal health, management, and care.

7. Limitation of Liability

Top Hat Farms provides the Website and its content on an “as is” and “as available” basis, without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Top Hat Farms does not warrant that the Website will be uninterrupted, error-free, or free of viruses or other harmful components.

To the maximum extent permitted by applicable law, Top Hat Farms shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of, or inability to use, the Website. This includes but is not limited to damages related to reliance on information found on the Website, loss of data, or business interruption.

8. External Links

The Website may contain links to third-party websites, including but not limited to the American Simmental Association, social media platforms such as Facebook and Instagram, and other agricultural resources.

These links are provided for your convenience and informational purposes only. Top Hat Farms does not endorse, control, or assume responsibility for the content, privacy practices, or policies of any third-party website.

You access external links at your own risk and should review the terms and policies of any third-party site you visit.

9. Prohibited Uses

You may not use the Website for any unlawful purpose or in violation of any applicable local, state, or federal laws. Prohibited activities include but are not limited to:

• Scraping, data mining, or using automated tools to collect Website content without written permission from Top Hat Farms.
• Using Website content for commercial purposes without prior authorization.
• Misrepresenting an affiliation with Top Hat Farms or any of its representatives.
• Posting or transmitting unauthorized advertising, spam, or promotional materials through the Website.
• Attempting to reverse-engineer, decompile, or disassemble any part of the Website.
• Harassing, threatening, or intimidating Top Hat Farms or any individuals associated with the operation.
• Using the Website in any manner that could damage, disable, overburden, or impair the site’s functionality.

10. Indemnification

You agree to indemnify, defend, and hold harmless Top Hat Farms, its owners, family members, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, or expenses — including reasonable attorney’s fees — arising out of or related to your violation of these Terms, your misuse of the Website, or your violation of any applicable law or regulation.

11. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Utah, United States, without regard to its conflict of law principles.

Any disputes arising from or related to these Terms or your use of the Website shall be resolved in the state or federal courts located in the State of Utah. By using the Website, you consent to the personal jurisdiction and venue of such courts.

12. Changes to These Terms

Top Hat Farms reserves the right to update or modify these Terms at any time without prior notice. Any changes will be effective immediately upon posting to the Website, and the “Effective Date” at the top of this document will be updated to reflect the most recent revision.

Your continued use of the Website after any changes are posted constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically to stay informed of any updates.

13. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable.

14. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Top Hat Farms regarding your use of the Website and supersede any prior agreements, understandings, or arrangements, whether written or oral.

15. Contact Information

If you have any questions or concerns regarding these Terms and Conditions, we welcome you to reach out. You may contact Top Hat Farms through our contact page at https://tophatfarms.org/contact/.