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API Terms of Service

The Economic Research Service (ERS), sub-agency of the United States Department of Agriculture (USDA), offers some of its public data in machine readable format via an Application Programming Interface (API).  This service is offered subject to your acceptance of the terms and conditions contained herein, as well as the www.usda.gov Website policies and the ERS Website Privacy Policy (collectively, the “Agreement”).

Scope

All of the content, documentation, code, and related materials made available to you through the API is subject to these terms. Access to or use of the API or its content constitutes acceptance to this Agreement.

Use

You may use any ERS API to develop a service or services to search, display, analyze, retrieve, view, and otherwise “get” information from ERS data.

Attribution

All services which utilize or access the API should display the following notice prominently within the application: “This product uses the ERS Data API but is not endorsed or certified by ERS.”  You may use the ERS name in order to identify the source of API content, subject to these rules.  You may not use the ERS name to imply endorsement of any product, service, or entity (not-for-profit, commercial or otherwise).

Modification or False Representation of Content

You may not modify or falsely represent content accessed through the API and still claim the source is ERS.

Right to Limit

Your use of the API may be subject to certain limitations on access, calls, or use as set forth within this Agreement or otherwise provided by ERS.  If ERS reasonably believes that you have attempted to exceed or circumvent these limits, your ability to use the API may be permanently or temporarily blocked. ERS may monitor your use of the API to improve the service or to ensure compliance with this Agreement.

Service Termination

If you wish to terminate this Agreement, you may do so by refraining from further use of the API.  ERS reserves the right (though not the obligation) to: (1) refuse to provide the API to you, if it is ERS’s opinion that use violates any ERS policy, or (2) terminate or deny you access to and use of all or part of the API at any time for any other reason in its sole discretion.  All provisions of this Agreement which by their nature should survive termination shall survive termination including without limitation, warranty disclaimers, indemnity, and limitations of liability.

Changes

ERS reserves the right, at its sole discretion, to modify or replace this Agreement, in whole or in part. Your continued use of or access to the API following posting of any changes to this Agreement constitutes acceptance of those modified terms.  ERS may, in the future, offer new services and/or features through the API.  Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Disclaimer of Warranties

The API is provided “as is” and on an “as-available” basis.  ERS hereby disclaims all warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement. ERS makes no warranty that the API or ERS data will be error-free or that access thereto will be continuous or uninterrupted.

Limitations on Liability

In no event will ERS be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability, or other legal or equitable theory for (1) any special, incidental, or consequential damages; (2) the cost of procurement of substitute products or services; or (3) interruption of use or loss or corruption of data.

General Representations

You hereby warrant that: (1) your use of the API will be in strict accordance with the ERS Privacy Policy, this Agreement, and all applicable laws and regulations; and (2) your use of the API will not infringe or misappropriate the intellectual property rights of any third party.  

Indemnification

You agree to indemnify and hold harmless ERS, the U.S. Department of Agriculture, its contractors, employees, agents, and the like from and against any and all claims and expenses, including attorney’s fees, arising out of your use of the API, including but not limited to violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire Agreement between ERS and you concerning the subject matter hereof, and may be modified only by the posting of a revised version on this page by ERS.

Disputes

Any disputes arising out of this Agreement and access to or use of the API shall be governed by Federal law.

No Waiver of Rights

ERS's failure to exercise or enforce any right or provision of this Agreement shall not constitute waiver of such right or provision.

Last updated: Tuesday, January 29, 2013

For more information contact: Peter Bersani

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