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 LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. It affects your rights about how to resolve any dispute with us.
Acres is a web application (our “Web App”) and a mobile application (our “Mobile App”) (both hereby collectively being referred to as the “Site”) that assists in the discovery and evaluation of land operated by AcreMaps, LLC DBA as “Acres,” “Acres+” or “Acres.com.” By accessing the Site and any pages thereof, you agree to be bound by our Terms of Use and Privacy Policy. Users of the Mobile App should also review the End User License Agreement (“EULA”) for more details about the Mobile App.
These Terms of Use (“Agreement”) should be read carefully before using the services offered by Acres and those of its affiliates (collectively “Acres”), or accessing the websites of Acres or those of its subsidiaries and affiliates. This Agreement sets forth the legally binding terms and conditions for your use of the website at https://www.acres.com (the “Site”) and the services owned and operated by Acres (collectively with the Site, the “Service”).
Your use of the Site or Service may also be subject to the terms of a separate software license agreement depending on the level of the Service you desire and such use will be pursuant to the Software Services Terms of Use applicable to your agreement with us. In the event of a conflict between these Terms of Use and your Software Services Terms of Use, the Software Services Terms of Use will govern.
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.
By using the Site or Service in any manner, including but not limited to visiting or browsing the Site, you agree to be bound by this Agreement, the Privacy Policy, and all other operating rules, policies and procedures that may be published by Acres from time to time on the Site, each of which is incorporated by reference and each of which may be updated by Acres from time to time without notice to you. You agree that you will not use the Site in any way that is fraudulent or unlawful.
Your use of the Site is governed by the version of this Agreement in effect on the date of use. Acres may modify this Agreement at any time and without prior notice. Your continued use of and access to the Site constitutes your acknowledgement of, and agreement to, the then current Terms of Use and to having reviewed the most current version of the Terms of Use. Please also note that the terms and conditions of this Agreement are in addition to any other agreements between you and Acres, including any license, customer or account agreements, and any other agreements that govern your use of products, services, content, tools, and information available on the Site. This Agreement does not alter in any way the terms or conditions of any other agreement you may have with Acres for the Service or otherwise. If you do not agree to all the terms of this Agreement and/or the Privacy Policy, you are not eligible to participate in the Service or otherwise use this Site. This Agreement applies to all users who in any way use the Site or Service provided by Acres (each a “User”).
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.
Modification of agreement
Acres reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, tools, materials and descriptions on the Site and to suspend and/or deny access to the Site for any reason. Acres reserves the right, at its sole discretion, to modify or replace any of the terms of this Agreement, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time. Such modifications shall become part of this Agreement and are automatically effective once posted on the Site or by sending you an email. This Agreement may not be orally amended. Acres may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the terms of this Agreement periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
Authorized User
Our Service and certain pages of the Site may be available only to persons or entities who have been authorized by us to access the Service and web pages on the Site. Only Users of the Site and Service with a valid user ID and password are authorized to access such services and web pages.
Unauthorized use of the Site and our Service, including, but not limited to the misuse or sharing of passwords or misuse of any other information, is strictly prohibited. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or Service or interfere with any other party’s use and enjoyment of the Site or Service. You agree that you will not engage in any activities related to the Site that are contrary to applicable laws or regulations. You further agree that you are responsible for any unauthorized use of your password that is made before you have notified us of a security issue, and we have had a reasonable opportunity to act on that notice. Acres reserves the right at its discretion to suspend or cancel your password, even without receiving such notice from you, if we suspect that it is being used in an unauthorized or fraudulent manner.
Notwithstanding the above, you are responsible for monitoring your account and should promptly report any unauthorized or suspicious activity in your account to us by contacting us here.
Registration Data; Account Security
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.
Fees
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.
In the event that you are using the Services through a trial subscription (“Trial”), your credit card will be charged upon expiration of the Trial unless you notify us in advance of your desire to terminate your Trial. Acres will provide a refund for this charge if you contact us within forty-eight (48) hours of the payment (“Grace Period”). Any requests for refunds received after the Grace Period will be approved at Acres' sole discretion. However, you may notify us to terminate your subscription prior to the next monthly payment.
Accessible Service(s)
The Service(s) that Customers may access will vary based on the Customer’s subscription type. You can learn more about what Service(s) are available under your plan by visiting:https://www.acres.com/pricing.
Customers of the Mobile App (Acres and/or Acres+) may not be able to access all of the Service(s) that are available on the Web App. Specifically, the following Service(s) that are available to paid Customers on the Web App may not be available to you on the paid version of the Mobile App: Draw Shape; Upload Shape; Listings Filters; “Sold Land” features including Courthouse, Generate Report, Embed Code, Export KML; Export CSV; Power Lines; Timber Mills; Timber Site Index; Portfolio and portfolio exclusive features; Reports; Quick Market Analysis Reports; and Water.
You can learn more about the Service(s) that are available through various versions of the Mobile App by reviewing the Mobile App’s EULA: www.acres.com/mobile-eau.
Use of Links
The Site may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under Acres’ control, and you acknowledge that Acres is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply an affiliation, sponsorship, or endorsement by Acres or any association with its operators. You further acknowledge and agree that Acres shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any information, goods or services available on or through any such website or resource. You should also be aware that the terms and conditions and privacy policy of such sites may be different from those applicable to your use of the Site and Service.
Third Party Content
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.
Proprietary Rights in Content; Limited License; Permitted Uses
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.
Acres hereby grants to you a fully revocable, non-exclusive license to use the Service, and to view and print documents from our Site, subject to the terms and conditions contained in these Terms of Use.
- Documents obtained by you from our Site may only be used by you for informational purposes and may not be distributed to others.
- You will not modify the Service or Content.
- You will not charge any third party a fee for the Service.
- You agree that you will not modify the Content or the Service in any way, nor will you create any derivative works of the Content or Service.
- You will respect the copyright and other proprietary notices that appear in connection with the Service or materials downloaded from the Site and will include them in any copies you make.
- You agree that Acres may revoke this license at any time for any reason and you will immediately discontinue your use of the Service.
- You may download or copy Content only to the extent such download is expressly permitted in writing on the Site. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying.
- You may not reproduce (except as provided in this Agreement), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Service, the Site or any related software.
If you have questions or concerns about permissible or restricted uses of the Service, please contact us info@acres.com
You agree that Acres may, at its sole discretion and to the extent permitted by law, access, read, preserve and disclose your account information, usage history and submitted Content in order to: (a) comply with any applicable law, regulation, legal process, or governmental request; (b) respond to claims that any Content violates the rights of third parties, including intellectual property rights; (c) enforce this Agreement and investigate potential violations thereof; (d) detect, prevent, or otherwise address fraud, security, or technical issues; (e) respond to your requests for customer service; or (f) protect the rights, property, or personal safety of Acres, its Users, or the public.
You agree that you will not export, use or re-export the Service in violation of the laws of the United States or any other country or jurisdiction. The Service may not be exported or re-exported into any embargoed countries or to anyone on the United States’ Department of Commerce Denied Persons List or Entity List or the U.S. Treasury Department’s list of Specially Designated Nationals. You represent and warrant that you are not on any such list or located in any such country and that you will not use the Service for any purpose prohibited by law.
Copyright Policy
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 at info@acres.com 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.
Submissions
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.
Restrictions on Data Use, Collection & Termination
Without Acres’ prior consent, you may not:
- use any automated means to access, data mine or reproduce this Site or collect any information from the Site (including, without limitation, robots, spiders, web crawlers, scripts or other automatic devices or programs).
- frame the Site, utilize framing techniques to enclose any Content or other proprietary information, place popup windows over this Site's pages, or otherwise affect the display of this Site's pages; engage in the practices of "screen scraping", "database scraping" or any other activity with the purpose of obtaining content or other information; or
- use this Site in any manner that violates applicable law or that could damage, disable, overburden, or impair this Site or interfere with any other party's use and enjoyment of this Site.
Warning Regarding Web Fraud and Phishing
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:
- Confirm you are visiting an Acres authorized website.
- Do not share your password and login ID with anyone, including anyone from Acres. Access to your Acres account is private, available only to members through secure log-in procedures. Apart from allowing you to use your password and log-in to enter an authorized website, Acres will never ask you for your password or login information. (If you forget your password or login, we will issue you new ones.)
- Do not send emails to anyone with an address other than authorized Acres e-mail addresses. Acres only uses “@Acres.com” for email addresses. If you have any questions about the above, please contact Acres at info@acres.com.
Any violations of system or network security including attempts to intentionally access a computer without authorization or exceed your authorized access level may result in civil and criminal charges, including but not limited to charges under the Computer Fraud and Abuse Act (18 U.S.C. §1030). Acres may investigate occurrences that potentially involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. In the event we terminate your access and you have a paid subscription to use the Service, Acres will refund the unused portion of your subscription fees.
We may also terminate, disable or throttle your access to, or use of, this Site and the Service for any reason, including without limitation, if we believe that you have violated or acted inconsistently with any portion of these Terms of Use.
You agree that you will not share the API, keys, API data or any other site data with any third party, or store or download the data other information more than is necessary to use the Service perform analysis, or to use the API to compete with us or replicate the API or data or to download the API data in bulk. You will not use the Site or Service in any way to conduct competitive due diligence, reverse engineer, compete directly or indirectly with Acres or for any other competing and/or unintended use. You agree that you will not use the Service on behalf of another person for purposes of conducting competitive due diligence or any other type of screening or analysis of Acres, the Site or Service. You may not inspect our source code or any other code (e.g., by bypassing standard browser views, or by inspecting the javascript code or server endpoints directly). The Site and Service are intended as an application for landowners, real estate professionals, individual, family office and individual investors, and other related users seeking to utilize the Site and Service solely for their business purposes. You may not download and/or store any data for use at a later time other than with respect to our claim my land feature, and hereby agree to delete all data in your possession if your account is terminated. You acknowledge and agree that you have no rights to access or use any source code or design documentation relating to the Service or our Site.
Consent to Electronic Transactions and Disclosures
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 by email. Please note that this will result in the termination of your registered user account with us.
Termination
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.
Warranty Disclaimer
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.
Indemnification
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.
Limitation of Liability
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.
Privacy Policy
Acres takes protecting User personally identifiable information seriously. Your use of the Site constitutes your agreement to the terms of our Privacy Policy.
Miscellaneous Terms
No Agency
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.
Integration and Severability
This Agreement is the entire agreement between you and Acres with respect to the Service and use of the Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Acres with respect to the Site. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Agreement will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Governing Law; Arbitration; Class Action Waiver
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.
No Waiver
The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
Other Agreements
In the event you enter into another agreement with the Company (such as a paid subscription agreement to use the Service) that contains terms and conditions different from, or in addition to, these Terms of Use, the terms of the other agreement(s) shall control your use of the Service.