GOVERNING LAW; ARBITRATION; CLASS ACTION WAIVER
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. Any offers to lease or sell real estate listed on the Site should not be construed or relied upon as such advice. 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. Properties listed on the Site may only be purchased or sold pursuant to the laws, rules and/or regulations of the jurisdiction where each property is located.
The information and materials on the Site may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and AcrePro does not undertake any obligation or responsibility to update or amend any such information. AcrePro may discontinue or change any product or service described in or offered on the Site at any time. AcrePro 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 AcrePro will not be liable to you or to any third party for any such modification, suspension or discontinuance.
modification of agreement
user 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. AcrePro 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 AcrePro, 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 AcrePro. By entering into this agreement, you agree to the terms of service of YouTube, which are incorporated herein by reference.
use of links
third party content
Certain portions of the Site may contain third party content and may provide links to webpages and content of third parties (collectively “Third Party Content”). AcrePro does not control, endorse, 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 AcrePro 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; permitted uses
The AcrePro name and logo are pending trademarks and service marks of AcrePro, LLC AcrePro or its licensors own and retain all proprietary rights in the Site, the Service and all material and information posted thereon, including but not limited to, photos, videos, images, reports, graphics, surveys, maps, design and layout (“Content”). The Site contains the copyrighted material, trademarks and other proprietary information of AcrePro 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 AcrePro.
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 Site or any related software.
You agree that AcrePro 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 AcrePro, its Users, or the public.
If you believe that any material on the Site violates this Agreement or your intellectual property rights, please notify AcrePro as soon as possible by contacting us here with the following information in accordance with Section 512(c) of the Copyright Act: (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, AcrePro 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. 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.
restrictions on data collection/termination
Without AcrePro’s prior consent, you may not:
- use any automated means to access this Site or collect any information from the Site (including, without limitation, robots, spiders, 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.
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). AcrePro 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.
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 AcrePro through digital media, please:
- Confirm you are visiting an AcrePro authorized website.
- Do not share your password and login ID with anyone, including anyone from AcrePro. Access to your AcrePro 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, AcrePro 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 AcrePro e-mail addresses. AcrePro only uses “@AcrePro.com” for email addresses. If you have any questions about the above, please contact AcrePro at info@AcrePro.com.
consent to electronic transactions and disclosures
Because AcrePro’s 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 AcrePro 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 AcrePro 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 a cost of up to $5.00. 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 AcrePro. 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, we will terminate your registered user account with us.
AcrePro 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 AcrePro has no control over, and no duty to take any action regarding: which Users gains access to the Site; 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. You release AcrePro from all liability for you having acquired or not acquired Content or purchased or sold property through the Site. AcrePro makes no representations concerning any Content contained in or accessed through the Site, and AcrePro 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, AcrePro is not responsible for your compliance with laws, rules or regulations pertaining to the purchase and sale of real estate.
AcrePro neither represents, warrants, covenants, guarantees, nor promises any specific results from use of the Site.
THE SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE OR ADVICE PROVIDED IN CONNECTION WITH THE SERVICE, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES.
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 AcrePro has been advised of or should have knowledge of the possibility of such damages.
AcrePro makes no representation or warranty, express or implied, with respect to any third-party data provided to AcrePro or its transmission, timeliness, accuracy or completeness, including but not limited to implied warranties or warranties of merchantability or fitness for a particular purpose. AcrePro 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 AcrePro or “force majeure” or any other cause beyond the control of AcrePro.
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, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
Electronic Communication Privacy Act Notice (18 U.S.C. §§2701 - 2711): AcrePro makes no guarantee of confidentiality or privacy of any communication or information transmitted on the site or any website linked to the site. AcrePro 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 AcrePro’s 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 AcrePro 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 User 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. AcrePro 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 AcrePro in asserting any available defenses.
limitation of liability
IN NO EVENT SHALL ACREPRO, 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).
miscellaneous terms no agency
Each of AcrePro 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
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 AcrePro 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 AcrePro), 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 AcrePro 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 AcrePro 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 AcrePro 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.
AcrePro, LLC is a real estate broker entity and operates in Arkansas under Arkansas Real Estate Commission license #72669 and operates in Tennessee under Real Estate Commission license #264864.
Effective Date: 10.15.2020