Please read the section entitled GOVERNING LAW; ARBITRATION; CLASS ACTION WAIVER found below under the heading MISCELLANEOUS TERMS. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO RLIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Any information provided through the Site or use of the Service does not constitute professional advice, including, but not limited to real estate, legal, tax or accounting advice. The Service is not a recommendation to buy or not to buy any particular property. We encourage you to conduct due diligence on any property you are considering buying and please consult your advisers before making a real estate purchase.
The information and materials on the Site may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and Acres does not undertake any obligation or responsibility to update or amend any such information. Acres may discontinue or change any product or service described in or offered on the Site at any time. Acres further reserves the right, in its sole discretion, to block or otherwise discontinue your access and use of the Site at any time and for any reason. You agree that Acres will not be liable to you or to any third party for any such modification, suspension or discontinuance.
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information that you provide to Acres, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Acres.
Access to and use of certain Services will require payment of fees in accordance with the terms set forth elsewhere on the website and/or in a software license agreement between you and Acres. All fees are quoted and payable in United States dollars.
Certain portions of the Site may contain third party content such as property data and may provide links to webpages and content of third parties (collectively “Third Party Content”). Acres does not control, endorse, verify, investigate, or adopt any Third Party Content, and makes no representations or warranties of any kind regarding the Third Party Content, including with respect to its accuracy or completeness. You acknowledge and agree that Acres is not responsible or liable in any manner for any Third Party Content or your reliance upon Third Party Content. Users utilize such Third Party Content at their own risk.
The Acres name and logo are pending trademarks and service marks of Acres, LLC. Acres (and its licensors own) and retain all of their respective proprietary rights in the Site, the Service and all material and information posted thereon, including but not limited to, data, photos, videos, images, reports, graphics, surveys, maps, design and layout (“Content”) as applicable. The Site contains the copyrighted material, trademarks and other proprietary information of Acres and its licensors. You may not alter, modify, publish, distribute, publicly display or sell any Content or other such proprietary information, or otherwise copy or transmit any Content or other such proprietary information without the express written permission of Acres.
This Policy is intended to implement the procedure contained in Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DCMA”) for the reporting of alleged copyright infringement. If you believe that any material on the Site violates this Agreement or your intellectual property rights, please notify Acres as soon as possible by contacting us here with the following information in accordance with Section 512(c) of the DCMA: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you 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; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, Acres will also terminate a User’s account if the User is determined to be a repeat infringer.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to the Company are non-confidential and shall become the sole property of the Company. You hereby grant to the Company a fully paid, royalty free, perpetual, irrevocable, non-exclusive license, with the right to sublicense, to use, modify, create derivative works of, publicly display, reproduce and distribute your Submission. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby represent and warrant that any Submission you make to us does not infringe upon or contain the intellectual property of any third parties.
Without Acres’ prior consent, you may not:
Unfortunately, in today’s internet commerce environment, there may be misuse of our name, brands and reputation by imposters and frauds publishing fake websites and engaging in "phishing" scams seeking personal or confidential information.
When communicating with Acres through digital media, please:
Because Acres’ business is conducted via the Internet, we need for you to consent to transact business with us online and electronically. We also need you to consent to Acres sending you certain disclosures electronically, either via our Site or to the email address you provide to us. By agreeing to this Agreement, you agree to receive electronically all documents, communications, notices, contracts, and agreements arising from or relating to your use of the Site and Service and your use of this Service (each, a "Disclosure"), whether we are acting in the capacity as broker, agent or otherwise. The decision to do business with us electronically is yours. This document informs you of your rights concerning Disclosures.
Electronic Communications. Any Disclosures will be provided to you electronically from Acres either on our Site or via electronic mail to the verified email address you provided. If you require paper copies of such Disclosures, you may write to us at the mailing address provided below and a paper copy will be sent to you at our cost. A request for a paper copy of any Disclosure will not be considered a withdrawal of your consent to receive Disclosures electronically. We may discontinue electronic provision of Disclosures at any time in our sole discretion.
Scope of Consent. Your consent to receive Disclosures and transact business electronically, and our agreement to do so, applies to any transactions to which such Disclosures relate, whether between you and Acres. Your consent will remain in effect for so long as you are a User and, if you are no longer a User, will continue until such a time as all Disclosures relevant to transactions that occurred while you were a User have been made.
TCPA Consent: You expressly consent to receiving calls and messages, including auto-dialed and pre-recorded message calls, and SMS messages (including text messages) from us, our affiliates, agents and others calling at their request or on their behalf, at any telephone numbers that you have provided or may provide in the future (including any cellular telephone numbers). Your cellular or mobile telephone provider will charge you according to the type of plan you carry.
Withdrawing Consent: If you wish to withdraw consent to doing business electronically you may notify us here. Please note that this will result in the termination of your registered user account with us.
Acres may terminate your access to all or any part of the Site and Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by following the instructions on the Site. All provisions of this Agreement shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You acknowledge that Acres has no control over, and no duty to take any action regarding: which Users gain access to the Site at any particular time or at all; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content or the Service. You release Acres from all liability for you having acquired, not acquired, purchased or sold property as a result of information contained in the Service. Acres makes no representations concerning any Content contained in or accessed through the Site, and Acres will not be responsible or liable for the accuracy, completeness, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service. Further, Acres is not responsible for your compliance with laws, rules or regulations pertaining to the identity, valuation or purchase and sale of real estate.
Acres neither represents, warrants, covenants, guarantees, nor promises any specific results from use of the Site. THE SERVICES ARE MADE AVAILABLE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO PROVIDE ANY SPECIFIC COMMERCIAL, FINANCIAL, INVESTMENT OR LEGAL ADVICE.
Any Content downloaded or otherwise obtained through the Site is done at your own discretion and risk and you are solely responsible for any damage to your computer or other electronic system or loss of data that results from the download of any such Content. The foregoing limitation of liability will apply in any action, whether in contract, tort or any other claim, even if an authorized representative of Acres has been advised of or should have knowledge of the possibility of such damages.
Acres makes no representation or warranty, express or implied, with respect to any third-party data provided to Acres or its transmission, timeliness, accuracy or completeness, including but not limited to implied warranties or warranties of merchantability or fitness for a particular purpose. Acres will not be liable in any way to you or to any other person for any inaccuracy, error or delay in or omission of any third party data or the transmission or delivery of any such third party data and any loss or damage arising from (a) any such inaccuracy, error, delay or omission, (b) non-performance or (c) interruption in any such third party data due either to any negligent act or omission by Acres or “force majeure” or any other cause beyond the control of Acres.
CERTAIN OF THE SERVICES CONTAIN DATA THAT IS SOURCED OR PROVIDED BY THIRD PARTIES AND PUBLIC RECORDS. UNLESS OTHERWISE AGREED TO BY Acres IN WRITING TO YOU THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, NON-INFRINGEMENT, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE DO NOT MAKE ANY GUARANTEES THAT OUR SERVICE WILL ALWAYS BE AVAILABLE OR UNINTERRUPTED. WE MAY CHANGE THE CONTENT OR ANY ASPECT OF OUR SERVICE WITHOUT ADVANCE NOTICE TO YOU. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. YOUR SOLE REMEDY WITH RESPECT TO ANY PROBLEM WITH THE SERVICE IS TO CEASE USING IT.
Exclusions. Please note that certain jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations set forth above may not apply to you.
Electronic Communication Privacy Act Notice (18 U.S.C. §§2701 - 2711): Acres makes no guarantee of confidentiality or privacy of any communication or information transmitted on the site or any website linked to the site. Acres will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Acres’ equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
You hereby agree to defend, indemnify, and hold harmless Acres and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Site, Service, Content or otherwise from your Submissions, violation of the Agreement, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Acres reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Acres in asserting any available defenses.
IN NO EVENT SHALL Acres, NOR ITS DIRECTORS, EMPLOYEES, BROKERS, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). IN THE EVENT YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON DAMAGES, THIS PROVISIONS SHALL BE INTERPRETED TO PERMIT THE MAXIMUM EXCLUSION OR LIMITATION THAT IS PERMITTED BY THE LAWS OF YOUR JURISDICTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO PORTIONS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF ACRES, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS AND/OR ASSIGNS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ACRES, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS AND/OR ASSIGNS EXCEED $50. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES WOULD NOT BE PROVIDED WITHOUT THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS AGREEMENT AND THAT THE DISCLAIMERS AND LIMITATION AND REMEDIES ARE REASONABLE.
Each of Acres and User are independent contractors and no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement or your use of the Site or Service.
This Agreement (and any further rules, policies or guidelines incorporated by reference herein) shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law.
While we hope never to have a dispute with a User, if we do, User and Acres each agree to try for sixty (60) days to resolve it informally. If we collectively fail to resolve such dispute (and unless otherwise agreed in writing by User and Acres), any dispute arising out of or relating to the Agreement, or the breach hereof, shall be finally resolved by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. If parties are unable to select an arbitrator, then AAA shall select the arbitrator. Judgment on any award entered by the arbitrator may be entered in any court having jurisdiction thereof. If for any reason a claim proceeds in court rather than in arbitration, USER AND ACRS EACH WAIVE ANY RIGHT TO A JURY TRIAL. We also both agree that you or we may bring a suit in court to enjoin infringement or other misuse of intellectual property rights.
Where permitted under applicable law, User and Acres each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Unless User and Acres both agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. THIS MEANS THAT YOU GIVE UP YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS ACTION SUITS AGAINST THE COMPANY.