ACREAGE ANYWHERE

WEB SITE TERMS AND CONDITIONS OF USE
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PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE YOU USE OUR WEB SITE.  These terms and conditions of use (“Site Terms”) apply to your access to, and use of, the web site of Acreage Anywhere, LLC ("Acreage Anywhere”), located at www.AcreageAnywhere.com (the "Site") and the real estate information and related services provided in connection therewith (the "Services"). You acknowledge that the Services provided by Acreage Anywhere involve the providing of information only, and that Acreage Anywhere is not a licensed broker and does not provide any brokerage or real estate services of any kind.  

1.         AGREEMENT

BY ACCESSING OR USING THIS WEB SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND CONDITIONS DESCRIBED HEREIN (THIS “AGREEMENT”) AND AGREE TO BE BOUND BY THIS AGREEMENT AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.  IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, WE DO NOT CONSENT TO PROVIDE YOU WITH ACCESS TO THIS SITE, AND YOU SHOULD CEASE YOUR USE OF IT.

These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Acreage Anywhere, or its subsidiaries or affiliates, for advertising, products, services or otherwise.  If you are using this Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify Acreage Anywhere for violations of these Terms.

2.         MODIFICATION TO SERVICES

Acreage Anywhere has sole discretion as to the operation, availability and scope of this Site, the Services, the Site Materials, the Third Party Services, the Acreage Anywhere Reports or other products or the User Conduct (as all such terms are hereinafter defined).  Acreage Anywhere reserves the right at any time to and in its sole discretion to: (a) change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site; (b) change, modify or discontinue the Site or the Services; and (c) terminate or suspend your account and your license to use this Site, without any liability to you or any other person. Any changes or modification will be effective immediately upon posting of the revisions on the Site or otherwise providing you notice of such changes or modifications, and discontinuation of the Site or the Services or of your account and your license to use this Site may be without notice. Your continued use of this Site following the posting of its changes or modifications constitutes your acceptance of all such changes or modifications.  Therefore, you should frequently review the Site Terms and applicable policies from time to time to understand the terms and conditions that apply to your use of the Site and the Services.  You must agree to be bound by any modifications in order to continue using the Services.  If you do not agree to the modifications, you must discontinue your use of the Services.

3.         PRIVACY POLICY

Acreage Anywhere's current Privacy Policy describes Acreage Anywhere's policies and procedures for collection, storage, processing, access and use of information associated with this Site and the Services.  The Privacy Policy is posted on the Acreage Anywhere Web Site at http://www.acreageanywhere.com/privacypolicy.html and may be updated from time-to-time.  You should carefully read the Privacy Policy to understand Acreage Anywhere's privacy practices.  Your use of this Site constitutes acceptance of the provisions of the Privacy Policy. 

4.         PROPERTY LISTING

Acreage Anywhere agrees to use reasonable efforts to provide the following services to real estate professionals:

Users of this Site represent and warrant the following to Acreage Anywhere: (i) the user owns or otherwise controls all of the rights to the content that it posts on its web site or that it otherwise provides to Acreage Anywhere; (ii) such content is accurate; (iii) use by Acreage Anywhere of the content supplied by the user does not violate Acreage Anywhere's policies or any applicable law; and (iv) the user will indemnify and hold harmless Acreage Anywhere and/or Acreage Anywhere's affiliates from and against any and all claims, damages or other liabilities suffered by Acreage Anywhere and/or Acreage Anywhere's affiliates as a result of the content supplied by the user.
5.         RESERVATION OF RIGHTS
Acreage Anywhere.com reserves the right (i) to edit or exclude any property listings provided by any real estate professional; (ii) to institute charges for its services and/or adjust its fee structure at any time upon no less than 30 days prior notice to the real estate professionals; and (iii) to terminate this Agreement at any time for any reason or for no reason.

 

6.         REGISTRATION DATA AND SUBSCRIPTIONS

From time to time, Acreage Anywhere may make available to you one or more subscription packages which may provide you with certain benefits in connection with the Site or the Services (each a "Subscription").  The benefits and other terms applicable to a particular Subscription and the subscription fees payable in connection therewith (the "Subscription Fees") shall be as described on the Site, and such Subscription terms are subject to change at any time by posting such revisions on the Site. When you have agreed to a Subscription the terms of such Subscription are incorporated into these Terms of Use.

Unless you arrange to be separately invoiced by Acreage Anywhere, you must provide Acreage Anywhere with a valid credit card for payment of the Subscription Fees, and you hereby authorize Acreage Anywhere to charge the Subscription Fees in advance each payment period to such credit card until you have cancelled your subscription.  In the event that the Subscription Fees are not paid on a timely basis, including due to an invalid credit card number, or you are otherwise in breach of this Agreement, Acreage Anywhere may, in addition to any other available remedies, suspend or terminate your account.  Subscriptions may be cancelled by  emailing info@acreageanywhere.com. Cancellation will be effective upon receipt of confirmation from Acreage Anywhere that your Subscription has been cancelled.  If Subscription Fees are paid in advance for future months, a refund will be provided for any full months prepaid at the effective date of the cancellation. However, there will be no refunds for any partial months.  Subscriptions will automatically renew for an additional period equal to the original subscription period unless you request cancellation at least three (3) business days prior to the renewal date.

7.         ORDERS; RESTRICTIONS

In order to register or use the Site or the Services, you must be 18 years of age or older.  By registering or by otherwise accessing or using the Site or the Services, you represent and warrant that you are 18 or over and that all information you provide in the registration form is complete and accurate.  Acreage Anywhere reserves the right to refuse service to anyone at any time, with or without cause in its sole discretion.

In consideration of your use of the Site or the Services, 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 you provide to Acreage Anywhere, to keep it accurate, current and complete; and (d) immediately notify Acreage Anywhere of any unauthorized use of your account or password or any other breach of security and accept all risks of unauthorized access to the Registration Data and any other information you provide to Acreage Anywhere.

8.         ACREAGE ANYWHERE REPORTS

Acreage Anywhere may from time to time make available to users, either for purchase or without change, copies of various reports it has created, compiled or obtained from third parties (the "Acreage Anywhere Reports").  With respect to any Acreage Anywhere Reports you download from the Site or otherwise obtain from Acreage Anywhere, you agree that such Acreage Anywhere Reports may only be used for informational use and may not be shared with or distributed to any third parties, except as expressly authorized by Acreage Anywhere.  You acknowledge that such Acreage Anywhere Reports are provided solely for general information and do not constitute real estate, legal, tax, accounting, investment or other professional advice.  In addition, while Acreage Anywhere attempts to draw from sources it deems reliable and to provide reports that are accurate, such reports are dependent upon third party information and ACREAGE ANYWHERE CANNOT AND DOES NOT REPRESENT OR WARRANT THE ACCURACY OR RELIABILITY OF ANY SUCH REPORTS.  THEREFORE, BEFORE ACTING ON ANY INFORMATION OR REPORTS OBTAINED FROM ACREAGE ANYWHERE, YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL AND INDEPENDENTLY VERIFY ALL SUCH INFORMATION OR REPORTS.  Acreage Anywhere Reports are non-returnable.

9.         HYPERLINKS

You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Acreage Anywhere or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.  This limited right may be revoked at any time.  You may not use the Acreage Anywhere logo or other proprietary graphic of Acreage Anywhere to link to this Site without the prior express written permission of Acreage Anywhere. Further, you may not use, frame or utilize framing techniques to enclose any Acreage Anywhere trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Acreage Anywhere's prior express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Acreage Anywhere or any third party.

10.       COPYRIGHT AND LIMITED LICENSE

Unless otherwise indicated on the Site, the Acreage Anywhere Reports and all content and other materials on the Site, including, without limitation all property advertisements, text, photographs, designs, graphics, information, data, reports, software, sound and other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of Acreage Anywhere or its licensors or users and are protected by United States and international copyright laws.

You are granted a limited, non-sublicensable license to access and use the Site, the Acreage Anywhere Reports, and the Site Materials and to print to hard copy portions of the Acreage Anywhere Reports and the Site Materials solely for your informational, non-commercial and personal use.  Such license is subject to these Site Terms and, except as expressly authorized by Acreage Anywhere, does not include: (a) any resale or commercial use of the Acreage Anywhere Reports, the Site or the Site Materials therein; (b) the collection and use of any property advertisements, photographs or descriptions; (c) the distribution, public performance or public display of the Acreage Anywhere Reports or any Site Materials, (d) modifying or otherwise making any derivative uses of the Acreage Anywhere Reports, the Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods, including without limitation sending any automated queries of any kind to the Site without the express written authorization of Acreage Anywhere; (f) downloading (other than the page caching) or uploading or posting to any Web site, bulletin board, blog or other electronic forum, service or network, any portion of the Acreage Anywhere Reports, the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Acreage Anywhere Reports, the Site or the Site Materials other than for its intended purpose.  Any use of the Acreage Anywhere Reports, the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Acreage Anywhere, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes.  Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

11.       COPYRIGHT INFRINGER POLICY

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.  If you believe in good faith that materials hosted by Acreage Anywhere infringe your copyright, you (or your agent) may send us a notice requesting that the materials be removed, or access to it blocked.  In accordance with DMCA and other applicable law, Acreage Anywhere has adopted a policy of terminating, in appropriate circumstances and at Acreage Anywhere's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Acreage Anywhere may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.  If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.  Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see HYPERLINK http://www.loc.gov/copyright/ for details.  Notices and counter-notices with respect to this Site should be sent to info@acreageanywhere.com.  We suggest that you consult your legal advisor before filing a notice or counter-notice.  Also, be aware that there can be penalties for false claims under the DMCA.

12.       TRADEMARKS

The name “Acreage Anywhere” and any logo or product or service name or slogan contained in this Site are trademarks of Acreage Anywhere and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Acreage Anywhere or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Acreage Anywhere" or any other name, trademark or product or service name of Acreage Anywhere without the prior written permission of Acreage Anywhere.  In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Acreage Anywhere and may not be copied, imitated or used, in whole or in part, without our prior written permission.  All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

13.       THIRD PARTY CONTENT; THIRD PARTY SERVICES

You acknowledge that in the performance of the Services, Acreage Anywhere may provide third party content and information on this Site as well as links to third party web pages (collectively, “Third Party Content”) as a service to those interested in this information, including, without limitation, property photographs, data and advertisements or utilize certain third party service providers or provide links to or information regarding third parties who provide, among other things, real estate related services, including without limitation, appraisers or brokers (collectively, “Property Specialists”) who may assist you with the evaluation, listing and sale or purchase of property (the "Third Party Services").

Acreage Anywhere does not routinely monitor or have any control over any Third Party Content, and Acreage Anywhere does not represent or warrant the accuracy or completeness of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users access and use Third Party Content at their own risk. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Acreage Anywhere.

Acreage Anywhere does not recommend or endorse any such Third Party Services and does not monitor or have any control over such Third Party Services. Therefore, Acreage Anywhere can make no guarantee as to the value, reliability, accuracy, completeness or performance of such Third Party Services or the results obtained therefrom, and Acreage Anywhere assumes no responsibility or liability for any Third Party Services or for the actions or failure to act of those providing such Third Party Services.  You assume full responsibility for your use of such Third Party Services.

Acreage Anywhere makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site.  Such sites are not under the control of Acreage Anywhere and Acreage Anywhere is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Acreage Anywhere provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Acreage Anywhere of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

           

14.       ADVERTISEMENTS AND PROMOTIONS

Acreage Anywhere may run advertisements and promotions from third parties on the Site or through email. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Acreage Anywhere, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Acreage Anywhere is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Acreage Anywhere advertisers on the Site.

15.       USER CONTENT AND USER CONDUCT

The Site contains interactive areas and services in which users may post or provide to Acreage Anywhere property advertisements, photographs, information, data, text, messages, sounds, graphics or other material or content ("User Content"), and may include other interactive areas and services such as discussion forums, chat rooms, message boards, online hosting or storage services (collectively the “Interactive Areas”).  You are solely responsible for any User Content that you post on the Site or provide to Acreage Anywhere and for your use of any Interactive Areas and any User Content posted therein.  You use the Interactive areas and the User Content contained therein at your own risk.

You represent and warrant to Acreage Anywhere that any property advertisements and photographs, contact information and other User Content you post on the Site or provide to Acreage Anywhere will be accurate and not misleading and will comply with all applicable laws, regulations and multiple listing service requirements (if applicable).  You agree not to post, upload to, transmit, distribute, store, create or otherwise publish on or through the Site or provide to Acreage Anywhere any of the following:

•  User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, misleading, inaccurate or otherwise objectionable;

•  User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

•  User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting to the Site or otherwise providing to Acreage Anywhere any User Content, you represent and warrant that you have all necessary rights in such User Content to permit the User Content to be posted on the Site and to grant the rights granted in connection therewith;

•  User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

•  unsolicited promotions, political campaigning, advertising or solicitations, including without limitation unsolicited commercial email (SPAM);

•  Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

•  Viruses, corrupted data or other harmful, disruptive or destructive files; and

•  User Content that, in the sole judgment of Acreage Anywhere, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Acreage Anywhere or its users to any harm or liability of any type.

Acreage Anywhere takes no responsibility and assumes no liability for any User Content provided, posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Acreage Anywhere liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.  Although Acreage Anywhere has no obligation to screen, edit or monitor any of the User Content, Acreage Anywhere reserves the right, and has absolute discretion, to remove, screen or edit any property advertisements or other User Content at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site or provide to Acreage Anywhere at your sole cost and expense.  Any use of the interactive areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.  In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Acreage Anywhere's systems and customers, or to ensure the integrity and operation of Acreage Anywhere's business and systems, Acreage Anywhere may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content.  Acreage Anywhere's right to disclose any such information shall govern over any terms of Acreage Anywhere's Privacy Policy.

If you post User Content to the Site or provide such User Content to Acreage Anywhere for use on the Site, unless we indicate otherwise, you grant Acreage Anywhere and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You further grant users of the Site the right to access, reproduce, distribute, download and otherwise use such User Content as authorized in these Site Terms or otherwise on the Site. You grant Acreage Anywhere and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that: (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site, or to provide such User Content to Acreage Anywhere for posting on the Site, and to grant the rights granted herein in connection therewith; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.

16.       SUBMISSIONS

Although you otherwise retain all rights to any User Content you submit, you acknowledge and agree that any questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding the Site, Acreage Anywhere or Acreage Anywhere's products or services that are provided by you in the form of email or other submissions to Acreage Anywhere, or any postings on the Site, are non-confidential and shall become the sole property of Acreage Anywhere.  Acreage Anywhere shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

17.       INDEMNIFICATION

You agree to indemnify, defend and hold harmless Acreage Anywhere and all employees, officers, directors, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you provide to Acreage Anywhere or post, store or otherwise transmit on or through the Site or your use of or inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against Acreage Anywhere and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the User Content, your conduct, your violation of these Site Terms or your violation of the rights of any third party.

18.       DISCLAIMERS

ACREAGE ANYWHERE DOES NOT REPRESENT, WARRANT OR OTHERWISE GUARANTY THAT ADVERTISING ANY PROPERTY THROUGH THIS SITE WILL RESULT IN A TRANSACTION OR THAT ANY PERSON USING ITS SERVICES WILL BE SUITABLE OR QUALIFIED TO ENTER INTO ANY TRANSACTION.

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY ACREAGE ANYWHERE, THE SITE, THE SERVICES, THE SITE MATERIALS, THE THIRD PARTY SERVICES AND ANY ACREAGE ANYWHERE REPORTS OR OTHER PRODUCTS PROVIDED BY ACREAGE ANYWHERE OR OTHERWISE OBTAINED ON OR IN CONNECTION WITH THE SITE ARE PROVIDED ON AN "AS IS, WHERE-IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  ACREAGE ANYWHERE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE, THE SERVICES, THE SITE MATERIALS, THE THIRD PARTY SERVICES, THE ACREAGE ANYWHERE REPORTS, THE TECHNOLOGY USED TO PROVIDE SUCH SERVICES AND SUCH OTHER PRODUCTS. ACREAGE ANYWHERE DOES NOT REPRESENT OR WARRANT THAT SITE MATERIALS, THE THIRD PARTY SERVICES, THE ACREAGE ANYWHERE REPORTS OR THE OTHER PRODUCTS AND SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. ACREAGE ANYWHERE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS ON THE SITE, INCLUDING RELATING TO PRICING, TEXT OR PHOTOGRAPHY.

19.       LIMITATION OF LIABILITY

IN NO EVENT SHALL ACREAGE ANYWHERE, ITS AFFILIATES, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR: (A) ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE SITE MATERIALS, THE THIRD PARTY SERVICES, THE ACREAGE ANYWHERE REPORTS OR OTHER PRODUCTS OR THE USER CONTENT, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM ACREAGE ANYWHERE OR THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ACREAGE ANYWHERE'S RECORDS, PROGRAMS OR SERVICES.  IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ACREAGE ANYWHERE, ITS MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, REPRESENTATIVES OR AGENTS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO ACREAGE ANYWHERE FOR ACCESS TO OR USE OF THE SITE, THE SERVICES, THE ACREAGE ANYWHERE REPORTS OR FOR ANY OTHER PRODUCTS.

20.       APPLICABLE LAW AND VENUE

These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Illinois, applicable to agreements made and to be entirely performed within the State of Illinois, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms that is not subject to arbitration (as set forth below) shall be filed only in the state and federal courts located in Cook County, Arizona and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.

21.       ARBITRATION

ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE SITE TERMS, THE SITE AND/OR THE PRODUCTS AND SERVICES (OTHER THAN YOUR FAILURE TO MAKE ANY REQUIRED PAYMENT OR, to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate the intellectual property rights of Acreage Anywhere or any third party or have otherwise violated any of the user conduct rules set forth in Section 15 above, then you acknowledge that arbitration is not an adequate remedy at law and that Acreage Anywhere may seek, in its sole discretion, injunctive relief or such other remedies as ACREAGE ANYWHERE deemS appropriate, INCLUDING, BUT NOT LIMITED TO BRINGING AN ACTION IN ANY COURT OF COMPETENT JURISDICTION) WILL BE SETTLED BY BINDING ARBITRATION USING THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION (THE “AAA”) THEN IN EFFECT, AND, IN THE CASE OF CONSUMER DISPUTES, THE AAA’S SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE “AAA CONSUMER RULES”)(COLLECTIVELY, THE “AAA RULES”).  The place of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes).  If such costs are determined to be excessive in a consumer dispute, the Acreage Anywhere will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.  In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than two (2) year after the cause of action arose.

22.       TERMINATION

Notwithstanding any of these Site Terms, Acreage Anywhere reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future your access to and use of the Site.

23.       SEVERABILITY

If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.

 

24.       INDEPENDENT CONTRACTORS; NO THIRD PARTY BENEFICIARIES

Acreage Anywhere and its employees, agents, members, managers and other personnel, in performance of the Services, are acting as independent contractors and not as employees or agents of you or any other real estate professional. 

25.       QUESTIONS & CONTACT INFORMATION
Questions or comments about the Site may be directed to Acreage Anywhere at the email address info@acreagageanywhere.com.

 

Last Updated: December 21, 2007