AllACRES.COM website TERMS AND CONDITIONS
BY USING OR ACCESSING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF USE DESCRIBED HEREIN. IF YOU DISAGREE WITH ANY OF THE TERMS, PLEASE DISCONTINUE ANY AND ALL USE THIS WEBSITE. PLEASE READ ALL TERMS AND CONDITIONS OF USE CAREFULLY.
The following terms and conditions of use (hereinafter known as "Website Terms") apply to your access to, and use of, the Website of AllAcres.com ("AllAcres"), located at www.AllAcres.com (the "Website") and the real estate information and related services provided in connection therewith (the "Services"). You acknowledge that the Services provided by AllAcres involve providing advertising services only and that AllAcres is not a licensed real estate broker and does not provide any brokerage, legal or real estate services of any kind. Furthermore, you acknowledge that the information on the Website does not constitute legal, real estate, or any other type of professional advice, nor an offer to buy or sell any real estate.
The Website Terms do not alter in any way the terms or conditions of any other agreement you may have with AllAcres, for advertising services, products or anything else. If you are using the Website on behalf of any entity, you represent and warrant that you are an authorized by such entity to accept these Website Terms on the entity's behalf, and that such entity agrees to indemnify AllAcres for violations of these Terms.
In its sole and absolute discretion, AllAcres reserves the right, at any time, to:
- Change or modify any or all of the Website Terms or any policy of the Website
- Change, modify or discontinue the Website or the Services
- Terminate or suspend your account on the Website, without any liability to you or any other person
Any changes or modification will be effective immediately upon posting of the revisions on the Website or otherwise providing you notice of such changes or modifications, and discontinuation of the Website or the Services may be without notice. Your continued use of this Website following the posting of its changes or modifications to the Website Terms will constitute your acceptance thereof. Therefore, you should frequently review the Website Terms to completely understand how they apply to your use of the Website and the Services. If you do not agree to any or all of the modified Website Terms, you must stop using the Website and Services.
You must agree to be bound by any modifications of the Website Terms in order to continue using the Website or Services. If you do not agree any and all modifications, you must discontinue your use of the Website and Services.
If you have any question regarding the use of the Website or Website Terms, please first look in FAQ’s. Any other questions or comments you may have about the Website or its contents should be directed to or 1-855-ACRES411.
2. PROPERTY LISTING TERMS AND CONDITIONS By posting a property listing to AllAcres, you agree to accept and be bound by the following terms. AllAcres reserves the right to change these terms without prior notice at any time, in AllAcres's sole and absolute discretion, so please review them each time you post a property listing.
AllAcres agrees to use reasonable efforts to provide the following services to anyone posting property listings (“Subscriber”):
- Posting of the Subscriber's valid, bona fide property listings on the Website
- Posting of up to four (4) of Subscriber’s photographs on each of Subscriber’s property listings
- Unlimited content updates for the Subscriber's property listings
- Real time email leads delivered directly to the email address supplied by the Subscriber
The Subscriber represents and warrants the following to AllAcres:
- Subscriber owns or otherwise controls all of the rights to the content that it posts on the Website or otherwise provides to AllAcres
- Subscriber’s content is accurate
- Subscriber’s property listings are for vacant land only, of any size, or for homes or commercial buildings provided that they are on a minimum of 2.0 acres
- Use by AllAcres of the content supplied by the Subscriber does not violate AllAcres policies, Website Terms, OR ANY APPLICABLE LAW
- The Subscriber will indemnify and hold harmless AllAcres from and against any and all claims, damages or other liabilities suffered by AllAcres as a result of the content supplied by the Subscriber
AllAcres reserves the right to:
- Terminate this Agreement at any time for any reason whatsoever
- Edit or exclude from the Website any posting provided by the Subscriber
ALLACRES DOES NOT REPRESENT, WARRANT OR GUARANTY THAT ADVERTISING ANY PROPERTY THROUGH ITS SERVICE WILL RESULT IN A SALE/TRANSACTION OR THAT ANY PERSON USING ITS SERVICE WILL BE A SUITABLE BUYER FOR THE PROPERTY, OR QUALIFIED TO ENTER INTO ANY TRANSACTION. ALLACRES DISCLAIMS ANY AND ALL WARRANTIES (EXPRESS OR IMPLIED), INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES PROVIDED BY ALLACRES AND THE TECHNOLOGY USED TO PROVIDE SUCH SERVICES, ALL OF WHICH ARE PROVIDED ON AN "AS-IS, WHERE-IS" BASIS. ALLACRES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF WHATEVER KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR WITH THE USE OR OPERATION OF THE WEBSITE, AND THE SUBSCRIBER EXPRESSLY AGREES THAT ALLACRES'S TOTAL LIABILITY FOR ANY DIRECT DAMAGES SHALL BE LIMITED TO THE AMOUNT OF ONE HUNDRED DOLLARS ($100). THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PRIOR ORAL OR WRITTEN AGREEMENTS, UNDERSTANDINGS, NEGOTIATIONS OR PROPOSALS. THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ARIZONA.
Unless you arrange to be separately invoiced by AllAcres, you must provide AllAcres with a valid credit card for payment of the Subscription Fees, and you hereby authorize AllAcres 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 expired or cancelled credit card, or you are otherwise in breach of this Agreement, AllAcres may, in addition to any other available remedies, suspend or terminate your account. Subscriptions may be cancelled by either emailing or calling 1-855-ACRES411. Cancellation will be effective upon receipt of confirmation from AllAcres that your Subscription has been cancelled. Subscriptions will automatically renew for an additional period equal to the original subscription period unless you request cancellation at least seven (7) business days prior to the renewal date.
In order to register or use the Website or the Services, you must be 18 years of age or older. By registering or by otherwise accessing or using the Website or the Services, you represent and warrant that you are 18 years of age or older and that all information you provide in the registration form is complete and accurate. AllAcres reserves the right to refuse service to anyone at any time, with or without cause, in its sole and absolute discretion.
In consideration of your use of the Website or the Services, you agree to:
- Provide accurate, current and complete information about you as may be prompted by any registration forms on the Website ("Registration Data")
- Maintain and promptly update the Registration Data, and any other information you provide to AllAcres, to keep it accurate, current and complete
- Maintain the security of your password and identification
- Immediately notify AllAcres 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 AllAcres.
- Maintain your listings, and keep them free of "duplicate listings" if you already provide your listing data to another syndication service/publishing service
4. USER CONTENT AND USER CONDUCT The Website includes interactive areas and services in which users may post or provide to AllAcres property advertisements, photographs, information, data, text, messages and other material or content ("User Content"). You are solely responsible for any User Content that you post on the Website or provide to AllAcres, and the User Content contained therein is at your own risk.
You represent and warrant to AllAcres that any property advertisements, photographs, contact information and other User Content you post on the Website or provide to AllAcres will be accurate and not misleading and will comply with all applicable laws, and regulations. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish on or through the Website or provide to AllAcres 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 Website or otherwise providing to AllAcres 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 Website 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
- User Content that, in the sole judgment of AllAcres, is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose AllAcres or its users to any harm or liability of any type.
If you post User Content to the Website or provide such User Content to AllAcres for use on the Website, unless we indicate otherwise, you grant AllAcres a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable 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 Website the right to access, reproduce, distribute, download and otherwise use such User Content as authorized in the Website Terms or otherwise on the Website. You grant AllAcres and its sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that
- 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 Website, or to provide such User Content to AllAcres for posting on the Website, and to grant the rights granted herein in connection therewith
- The User Content is accurate and not misleading
- Use and posting of the User Content you supply does not violate the Website Terms and will not violate any rights of or cause injury to any person or entity.
5. 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 Website, AllAcres or AllAcres's services that are provided by you in the form of email or other submissions to AllAcres, or any postings on the Website, are non-confidential and shall become the sole property of AllAcres. AllAcres 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.
6. INDEMNIFICATION You agree to defend, indemnify and hold harmless AllAcres, its 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 AllAcres or post, store or otherwise transmit on or through the Website or your use of or inability to use the Website, including without limitation any actual or threatened suit, demand or claim made against AllAcres 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 the Website Terms or your violation of the rights of any third party.
- EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY ALLACRES, THE WEBSITE, THE SERVICES, THE WEBSITE MATERIALS, AND OTHER PRODUCTS PROVIDED BY ALLACRES OR OTHERWISE OBTAINED ON OR IN CONNECTION WITH THE WEBSITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALLACRES 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 WEBSITE, THE SERVICES, THE WEBSITE MATERIALS, AND SUCH OTHER PRODUCTS. ALLACRES DOES NOT REPRESENT OR WARRANT THAT WEBSITE MATERIALS OR THE OTHER PRODUCTS AND SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE WEBSITE 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. ALLACRES IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS ON THE WEBSITE, INCLUDING RELATING TO PRICING, TEXT OR PHOTOGRAPHY.
- AllAcres reserves the right to change any and all content contained in the Website and any Products and Services offered through the Website at any time without notice. Reference to any products, services, processes or other information does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by AllAcres.
7. LIMITATION OF LIABILITY IN NO EVENT SHALL ALLACRES, ITS AFFILIATES, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL 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 WEBSITE, THE SERVICES, THE WEBSITE MATERIALS OR OTHER PRODUCTS OR THE USER CONTENT, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM ALLACRES OR THE WEBSITE, 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 ALLACRES'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ALLACRES, ITS DIRECTORS, MEMBERS, EMPLOYEES 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 WEBSITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO ALLACRES FOR ACCESS TO OR USE OF THE WEBSITE, THE SERVICES OR FOR ANY OTHER PRODUCTS.
8. APPLICABLE LAW AND VENUE The Website Terms and your use of the Website shall be governed by and construed in accordance with the laws of the State of Arizona, applicable to agreements made and to be entirely performed within the State of Arizona, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Website Terms that is not subject to arbitration (as set forth below) shall be filed only in the state and federal courts located in Maricopa 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 the Website Terms.
9. ARBITRATION YOU AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THE WEBSITE TERMS, THE WEBSITE AND/OR THE PRODUCTS AND SERVICES SHALL BE FINAL AND BINDING ARBITRATION, except that, 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 AllAcres or any third party or have otherwise violated any of the user conduct rules set forth in Section 4 above, then you acknowledge that arbitration is not an adequate remedy at law and that AllAcres may seek, in its sole discretion, injunctive relief or such other remedies as we deem appropriate.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules 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 location 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 Company 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.
10. TERMINATION Notwithstanding any of the Website Terms, AllAcres reserves the right, without notice and in its sole discretion, to terminate your license to use the Website, and to block current, or prevent future your access to and use of the Website.
11. SEVERABILITY If any provision of the Website Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Website Terms and shall not affect the validity and enforceability of any remaining provisions.
12. SECURITY/DATA INTEGRITY AllAcres is a web based service provider, and as such, requires some information for order processing and subscription compliance. Please see the following for Data Integrity best practices.
Storing personal information
Personal information that is collected via the Website is stored in a secure environment and all passwords are secured using hashing algorithms. AllAcres does not store any credit card information.
Our security practices
AllAcres is committed to providing secure online services. As such, AllAcres protects the transmission of your personal information, when completing online applications forms, by way of encryption. AllAcres’ Internet servers are protected by firewalls. Access to information on these servers is restricted to authorized personnel only.
13. SYNDICATION AllAcres receives some of its data from syndication, and as such is considered a "publisher" of various MLS Data Points. Listing Data is updated regularly and monitored by authorized personnel. Data may be used for reporting to Syndication Bodies, relative to the published "feed(s)."