American Farm Financing Terms and Conditions
Last updated: April 20, 2020
American Farm Financing Terms and Conditions
Last updated: April 20, 2020
Effective Date: February, 3 2022
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT LIMITATIONS OF LIABILITY AND RESOLUTION OF DISPUTES THROUGH ARBITRATION RATHER THAN COURT. THE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND AMERICAN FARM FINANCING. YOU ARE NOT AUTHORIZED TO USE THE SITES AND THE SERVICES UNLESS YOU ARE AT LEAST 18 YEARS OF AGE AND ABLE TO ENTER INTO LEGALLY BINDING CONTRACTS. WE DO NOT KNOWINGLY COLLECT THE INFORMATION OF ANYONE UNDER THE AGE OF 18. IF YOU ARRIVED ON THIS SITE AFTER HAVING BEEN REDIRECTED OR OTHERWISE CLICKING ON ANOTHER WEBSITE, YOU AGREE THAT THESE TERMS SHALL GOVERN YOUR USE OF THIS SITE.
READ THESE TERMS CAREFULLY BEFORE BROWSING THIS SITE. USING THIS SITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS SITE IF YOU DO NOT ACCEPT THESE TERMS. NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH US. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
- Scope of Services
Our Services include, without limitation, a proprietary software-as-a-service offering, accessible through the internet, that is designed to offer information and services to parties that own, manage, invest in, offer services related to, or are otherwise involved or interested in farmland. Collectively, Landowners, potential tenants, tenants, Farmland Investors, Appraisers, Managers, Analysts, Real Estate Agents, Auctioneers, Agricultural Retailers, Financial Officers, and all other users of the Site or Services are referred to in the Terms as (“Users”) Our Services enable authorized users to list property for sale or rent and for Landowners, Brokers, and potential tenants and Potential Buyers to independently negotiate and execute leases, purchase agreements and other agreements, through a self-service platform whereby Landowners, potential tenants, and tenants and their agents and assigns are responsible for their own listings, offers, leases, and other agreements. Our Services also offer access to data for the purpose of evaluating farms, creating reports, identifying farm ownership, identifying parcel boundaries, evaluating borrowers, and other uses. All Users and their agents and assigns recognize and agree that all materials, data, and other information made available on the Site, are made available as an accommodation and without representation or warranty of any kind, whether express, implied, or statutory, as to the accuracy and completeness of such materials, documents, data, and other information. Furthermore, Users agree that any reliance upon, or conclusions drawn therefore shall be at the Users’ own risk to the maximum extent permitted by the law and shall not give rise to any liability of or against American Farm Financing. Users waive and release any claims arising through the use of any materials, documents, data, or other information on the Site.. Though American Farm Financing will use reasonable efforts to ensure that the terms and conditions of all Sites are consistent in material respects, it is possible that the Terms of this Site and the terms and conditions of a different Site through which a lease or other transaction are finalized between Users may differ from one another. If there are any conflicts between the Terms of this Site and the terms and conditions of the Site you finalize a lease on, the terms and conditions of the Site you finalize a lease on will govern. If you do not fully agree to the Terms and any other terms and conditions posted or linked to any Site, you are not authorized to access or otherwise use the Sites and the Services on such Site. Under these Terms, “use” or “access” of the Sites and Services specifically includes any direct or indirect access or use of the Sites or the Services or any cached version of the Sites or the Services and any direct or indirect access or use of any information or content on the Sites or the Services, regardless of how obtained and the defined terms Sites and Services include, without limitation, any cached versions thereof.
- No Agency
The Sites and Services are a self-service platform and unless otherwise expressly agreed in a separate written agreement between a Landowner and American Farm Financing, American Farm Financing does not act as agent or fiduciary in any real estate transaction conducted through the Sites or the Services. Although American Farm Financing may be a licensed real estate broker in certain states, unless otherwise expressly agreed in a separate written agreement between a Landowner and American Farm Financing, under no circumstances will American Farm Financing or any of its employees or independent contractors do the following through the Sites or Services or as a result of the Terms: (i) serve as a real estate broker, agent, or fiduciary for any User; (ii) act as an advocate for the interests of any User or any party to a real estate transaction; (iii) negotiate on behalf of any User; or (iv) act as an intermediary between parties to a real estate transaction conducted through the Sites or Services. Further, unless otherwise expressly agreed in a separate written agreement between a Landowner and American Farm Financing, American Farm Financing does not offer representation or advice on offers or leases.
YOU ACKNOWLEDGE THAT, UNLESS YOU AND AMERICAN FARM FINANCING HAVE ENTERED INTO A SEPARATE AGREEMENT TO THE CONTRARY, AMERICAN FARM FINANCING IS NOT YOUR AGENT, IS NOT ACTING AS YOUR BROKER OR ADVISOR, AND DOES NOT AND WILL NOT REPRESENT YOU OR ASSIST YOU IN ANY WAY IN THE DRAFTING, EVALUATION, NEGOTIATION, OR EXECUTION OF ANY LEASE OR OTHER DOCUMENT RELATED TO ANY TRANSACTION THAT MAY OCCUR ON, THOUGH, OR IN CONNECTION WITH THE SITES OR THROUGH THE SERVICES.
- American Farm Financing Not A Party
By agreeing to these Terms, you acknowledge and agree that unless otherwise expressly agreed to between the User and American Farm Financing, American Farm Financing is not a party to any transactions conducted between Users via the Services. American Farm Financing does not set, control, or endorse the price, contract terms, quality, or safety of the products or services advertised or offered for sale via the Services, the ability of Users to sell products and services, or the ability of you or other Users to buy such products and services. Notwithstanding anything to the contrary, in order to enhance the Services and ensure that other Users can find the products and services they are seeking, American Farm Financing reserves the right to modify information about property or Users appearing on the Site in the event American Farm Financing believes, in its sole discretion, that such listing or description, including without limitation any categorization, location, or type of such products and services, does not accurately reflect the nature of the products or services offered. American Farm Financing cannot, and does not, control whether Users complete the purchase, sale, or lease of products or services they offer to purchase, sell, or lease on a Site or using the Services.
Whether or not you choose to use a lease form or other form provided by American Farm Financing as the basis for a lease agreement or other agreement with another User, you hereby acknowledge and agree that (i) you are fully responsible for the terms of any such lease or other agreement, (ii) any lease agreement or other agreement you use, whether based on a sample form provided as part of the Services or from another source, is used solely at your own risk and expense, (iii) nothing contained in these Terms or provided as part of the Services is a substitute for the advice of an attorney, broker, accountant, or other advisor, and (iv) you have been advised by these Terms to obtain local legal counsel to prepare, review and revise as necessary any lease agreement or other agreement to ensure compliance with federal, state and local law and their particular circumstances, and to ensure that any lease agreement or other agreement accurately represents the property, parties, and desired business terms.
American Farm Financing is not responsible for ensuring that any payment or collection with respect to leases or other transactions between Users is made in accordance with the lease or other contract between such Users.. American Farm Financing does not represent or warrant the effectiveness or validity of any transaction in the participating Users’ respective jurisdictions and does not endorse any contracts or agreements arising or resulting from any transaction via the Services. If you have a dispute with another User, or suffer any harm arising out of or connected with any User, tenant or potential tenant, or lease or other transaction conducted on or in in connection with the Site or the Services, you hereby waive all claims against and releases American Farm Financing and its officers, directors, employees, agents, and contractors from any and all liability for claims, demands, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Services, any User, or with regards to such dispute. American Farm Financing’s sole obligation in the event of such dispute between Users is to provide information, if and to the extent required by law or pursuant to court order, in connection with such dispute, provided the information is not subject to confidentiality provisions restricting its disclosure, and provided that American Farm Financing shall have the right to challenge any such court order if American Farm Financing determines, in its sole discretion, that such challenge is warranted.
Unless otherwise expressly agreed in a separate written agreement between a User and American Farm Financing, Users are responsible for the management, negotiation, and execution of their own listings, offers, leases, and other agreements. By way of example, unless otherwise expressly agreed in a separate written agreement between a User and American Farm Financing, Users are solely responsible for:
- Deciding whether to use the Services
- Managing the content of their listing(s)
- Identifying, understanding, and complying with all laws, rules and regulations that apply to their listings
- Deciding which potential tenant to rent land to and/or what price to accept
- Deciding what type of lease to use
- Deciding which purchase offer to accept and/or what price to accept
- Negotiating and finalizing lease agreements. purchase agreements, or any other agreement between Users
- Validating and verifying data and information returned by the system, including but not limited to: transaction data, farm soil ratings, crop history, ownership data, USDA yield and rent data
- Assessment of farm values based on data provided by the Site
Likewise, tenants, potential tenants, and buyers are solely responsible for their own transactions, including, without limitation:
- Deciding what information they wish to provide to Landowners and Sellers about their qualifications
- Deciding what rental price to offer
- Negotiating and finalizing a lease with a Landowner
- Remitting any and all deposits, rents, and other payments to Landowners
- Deciding how much to offer on a farm
- Negotiating and finalizing a purchase agreement on a farm
Users shall comply with all laws, rules, ordinances, or regulations applicable to their use of the Sites and Services, and/or applicable to their property and the conduct of their business related to the Sites and/or Services, including but not limited to any and all laws, rules, ordinances, regulations or other requirements relating to taxes, environmental matters, credit cards, data and privacy, permits or license requirements, zoning ordinances, safety compliance and compliance with all anti-discrimination and fair housing laws, as applicable. American Farm Financing makes no representation or warranty of any kind with regard to the legality of any of the products or services provided on the Site. American Farm Financing shall not be responsible for the failure of any User to comply with laws, rules, codes, or regulations, and by agreeing to these Terms, you hereby waive any and all claims against American Farm Financing for the failure of any product or service offered on the Site to comply with applicable law, or of any User to adhere to applicable law.
- No Legal Advice
American Farm Financing is not a law firm, and American Farm Financing may not perform any services performed by an attorney. American Farm Financing is not acting as your attorney or legal advisor in regards to any lease, transaction, or other matter related in any way to the Site, the Services, or and property, products, or services related thereto. American Farm Financing will not review your documents for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation.
YOU ACKNOWLEDGE THAT AMERICAN FARM FINANCING, THE SERVICES, AND AMERICAN FARM FINANCING’S FORMS OR TEMPLATES ARE NOT A SUBSTITUTE FOR THE ADVICE OR SERVICES OF AN ATTORNEY. AT NO TIME IS AN ATTORNEY-CLIENT RELATIONSHIP FOSTERED OR CREATED WITH AMERICAN FARM FINANCING THROUGH THE PERFORMANCE OF ANY SUCH SERVICES. THIS SITE AND SERVICES ARE NOT INTENDED TO CREATE ANY ATTORNEY-CLIENT RELATIONSHIP, AND YOUR USE OF THE SITE AND SERVICES DOES NOT AND WILL NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND AMERICAN FARM FINANCING. INSTEAD, YOU ARE AND WILL BE REPRESENTING YOURSELF IN ANY LEGAL MATTER YOU UNDERTAKE THROUGH THE USE OF THE SITE AND/OR SERVICES.
To the extent that the Services include the provision of form leases or other documents for use by Users in their sole and absolute discretion, American Farm Financing to keep such documents accurate, current and up-to-date. However, because the law changes rapidly, American Farm Financing cannot and does not guarantee that any or all of the information on the Site or Services is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind American Farm Financing provides can fit every circumstance. Furthermore, the legal information contained on the Site and Services is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area.
- Rental Offer and Acceptance
A bid or offer from a User initiates a non-binding transaction representing a potential tenant’s serious expression of interest in entering into a lease with the Landowner but does not create a formal contract between the potential tenant and the Landowner, even if the Landowner has taken steps to indicate acceptance by moving forward with offering a lease to the potential tenant. A lease properly signed by both the Landowner and the tenant is required in order for there to be a binding real estate transaction. American Farm Financing is not responsible for and disclaims all liability for any disputes between Users with respect to whether a binding transaction has taken place.
- Limited License to Use the Sites and Services.
Users are granted a limited, revocable, non-exclusive, non-transferrable, non-sublicensable license to access the Sites and the Services provided on the Sites solely for the purpose of advertising a property, searching for a property, leasing, purchasing or researching , participating in an interactive area hosted on the Sites or for any other purpose clearly stated on a Site, all in accordance with these Terms. Any use of the Sites or Services that is not for one of these purposes or otherwise in accordance with these Terms or as otherwise authorized by us in writing is expressly prohibited.
- Unauthorized Uses of the Sites and Services.
The license to use the Sites and Services only extends to the uses expressly described herein. The license to use the Sites and Services granted to users in these Terms does not include any right of collection, aggregation, copying, scraping, duplication, display or any derivative use of the Sites or Services nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines that use tools to gather information for the sole purpose of displaying hyperlinks to the Sites, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engines” do not include a website or search engine or other service that provides classified listings or property rental advertisements, or any subset of the same or which is in the business of providing property rental services or other services that compete with us.
Unauthorized uses of the Sites and Services also include, without limitation, those listed below. You agree not to do any of the following, unless otherwise previously and specifically agreed to by us:
- Copy, reproduce, upload, post, display, republish, distribute or transmit any part of the content in any form whatsoever;
- Reproduce any portion of the Sites or the Services on your website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Sites or the Services, or mirror or replicate any portion of the Sites or the Services;
- Modify, translate into any language or computer language or create derivative works from, any content or any part of the Sites or the Services;
- Reverse engineer any part of the Sites or the Services;
- Sell, offer for sale, transfer or license any portion of the Sites or the Services in any form to any third parties;
- Use the Sites or the Services other than to advertise and/or research rentals, advertise and/or research purchases, research farmland, manage farmland and data, to make legitimate inquiries to our Users or any other use expressly authorized on the Site;
- Use the Sites or Services to post or transmit information that is in any way false, fraudulent, or misleading, including making any commitment or inquiry under false pretenses, or taking any action that may be considered phishing or that would give rise to criminal or civil liability;
- Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;
- Violate, plagiarize or infringe the rights of us or third parties including, without limitation, copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other intellectual or proprietary rights;
- promote any illegal activity, or advocate, promote or assist any unlawful act;
- violate any applicable law;
- cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
- impersonate any person, or misrepresent affiliation with any person or organization;
- involve fraudulent products, services, schemes, or promotions such as contests, sweepstakes and other sales promotions, barter or advertising;
- give the impression that they emanate from or are endorsed by American Farm Financing or any other person or entity, if this is not the case;
- actually (or attempt to), directly or indirectly: (i) induce, influence, encourage, or solicit any individual or entity to alter, terminate, or breach its contractual or other business relationship with American Farm Financing;
- use or access the Sites or Services in any way that, in our sole discretion, adversely affects, or could adversely affect, the performance or function of the Sites or Services or any other system used by us or the Sites or Services.
You agree that your violation of any term or condition of this Section 7 is deemed a material breach of these Terms and, without limiting American Farm Financing’ s remedies elsewhere under these Terms or at law, American Farm Financing has the right to immediately terminate your access to the Sites and Services. Further, in the event that you actually (or attempt to), directly or indirectly: (i) induce, influence, encourage, or solicit any individual or entity to alter, terminate, or breach its contractual or other business relationship with American Farm Financing.
- Proprietary Rights and Downloading of Information from the Site.
If you are aware of, or experience, any content, activity or communication through or in connection with the Sites or Services that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms, we ask that you please inform us by contacting us as set forth under “Contact Us,” below.
American Farm Financing has the right to use all of its property for all purposes, as determined by American Farm Financing according to expectations set forth in this document and the data policy.
- American Farm Financing Aggregate and De-Identified Information Policy
“Aggregated Information” is a combination of information from multiple sources that helps determine trends, benchmarks, summary metrics, predictive algorithms or other data sets. We may create Aggregated Information from information that other customers choose to share with us, along with your information and information that we generate or obtain from others. Aggregated Information may include data about your farming operation, combined with data about other farming operations. Aggregated Information will not identify an individual.
“De-Identified Information” is data that has been modified such that it does not identify an individual.
We collect, use and share Aggregated Information or De-Identified Information as we determine from time to time in our sole discretion, which may include, without limitation, the following purposes:
- To enable the administration of your lease.
- For research and development purposes, such as to improve agronomic or scientific knowledge, develop and improve our products and services, assess and compare product performance, or analyze customer behaviors and market trends.
- For our internal efforts to operate and improve our business, such as improving the quality of our products and services, forecasting, modeling, benchmarking and identifying ways we can operate more efficiently or expand our business.
We may keep Aggregated Information or De-Identified Information indefinitely and share it with third parties for their own use and benefit.
- Identity Verification.
User verification on the Internet is difficult and we cannot, and do not assume any responsibility for, the confirmation of each user’s purported identity. We encourage you to communicate directly with a User through the tools available on the Site, though even this does not assure you of the identity of the person with which you are communicating. We further encourage you to take other reasonable measures to assure yourself of the other person’s identity and, for potential tenants, of the property and relevant details of your commitment or proposed commitment.
You agree to (i) keep your password and online ID for both your account with us and your email account secure and strictly confidential, providing it only to authorized users of your accounts, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if you believe your password for either your account with us or your email account may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. Further, if we suspect any unauthorized access to your account, upon our request, you agree to promptly change your ID and password and take any other related action as we may reasonably request.
We discourage you from giving anyone access to your online ID and password for your account with us and your email account. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account with us and/or your email account, even those transactions that are fraudulent or that you did not intend or want performed.
EACH USER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER AMERICAN FARM FINANCING NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER’S ID OR PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD FOR YOUR AMERICAN FARM FINANCING ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH AMERICAN FARM FINANCING AND OTHER USERS.
Further, we may, without notice to you, suspend or cancel your use of the Site at any time even without receiving notice from you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner.
- Limitations on Communications and Use of Other Users’ Information; No Spam.
You agree that, with respect to other Users’ personal information that you obtain directly or indirectly from or through the Site or through any Site-related communication, transaction or software, we have granted to you a license to use such information only for: (i) Site-related communications that are not unsolicited commercial messages, (ii) using Services offered through the Site, and (iii) inquiring about or otherwise facilitating a financial transaction between you and the other User related to the purpose of the Site and through the Site (such as inquiring about or committing to a property). Any other purpose will require express permission from the User. You may not use any such information for any unlawful purpose or with any unlawful intent.
In all cases, you must give Users an opportunity to remove their information from your address book or database or other records and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, may you disclose personal information about another User to any third party without the consent of the other User. You agree that other Users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other Users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss or unauthorized transfer of such information.
We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a Site User, even a User who has rented a property from you or to you, to your mailing list (email or physical mail) without the User’s express consent. You may not use any tool or service on the Site to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms.
- Responsibility for Property Listings, Reviews and Other User-contributed content; Participation in Interactive Forums.
We have no duty to pre-screen content posted on the Site by Users, whether directly contributed by the user or contributed by us or a third party on behalf of the user (including, without limitation, property listings, reviews of a rental property or a grower, participation in an interactive community, forum or blog (each an “Interactive Forum”) or any other content provided by a User to the Site), (collectively, “user-contributed content”). We are not responsible for user-contributed content. User-contributed content also includes information that a User or any other person provided to a third party website or mobile application that is then provided to our Site by a tool we offer or any other exchange of user-contributed content we have authorized.
At a minimum, user-contributed content must (as determined by us in our discretion):
- not infringe anyone’s rights, including but limited to copyright and rights of publicity and privacy, violate the law or otherwise be inappropriate;
- not include personal information of another that can be used to identify or contact any person;
- not include unsolicited promotional content, advertising, political campaigns, contests, raffles or solicitations;
- be directly related to the Site, business service, product or forum where the content is submitted;
- not be obscene, abusive, discriminatory or illegal; and
- not be false or misleading.
All property listings on the Site are the sole responsibility of the User (who may be the owner or a property manager or duly authorized agent of the owner) and we specifically disclaim any and all liability arising from the alleged accuracy of the listings, reviews or any alleged breaches of contract on a user’s part. Users are solely responsible for keeping their property information up-to-date on the Site, including, but not limited to, any and all representations about any property, its unique characteristics, location, price and its availability for a specific date or range of dates. We do not represent or warrant that any of the copy, content, grower or property reviews, property location, suitability, pricing or availability information published on the Site is accurate or up-to-date, including, without limitation, in the case where Users have searched for specific dates or types of properties.
We also may from time to time create new descriptions or otherwise change the location or geographic descriptions we use to identify properties in their listings and search results. Consequently, we may change the location or geographic description associated with any property listing at any time without notice. However, we assume no responsibility to verify property listing content or the accuracy of the location. Users are solely responsible for ensuring the accuracy of location, geographic and other content and location or geographic descriptions and agree to promptly correct (or contact us to correct) any inaccuracy and growers are solely responsible for verifying the accuracy of such content and descriptions.
All other user-contributed content is the sole responsibility of the user who contributed such content, whether such user contributed the content directly or through a third-party website. Users are solely responsible for their user-contributed content and we specifically disclaim all liability for user-contributed content. The user represents and warrants that the user owns or otherwise controls and has all necessary legal rights to the user’s submission and the name or other identifier used in connection with such submission including, but not limited to, all the rights necessary to provide, post, upload, input or submit the user-contributed content. We reserve the right to request a proof of ownership or permission, and to refuse to post user generated content without such proof or if such proof is, in our sole discretion, insufficient.
By submitting or authorizing user-contributed content, you grant to us and our affiliates an unfettered, perpetual, worldwide, irrevocable, unrestricted, non-exclusive, sub-licensable, transferrable, royalty-free and fully paid-up right and license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise commercially exploit the copy, the photographs and the likenesses (if any) of any of your user-contributed content, in connection with our business or the business of our affiliates.
You further grant us and our affiliates the ability to register copyright in and protect the user-contributed content, including the images, copy, and content available via any User’s listing, from the unauthorized use of the user-contributed content by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material on behalf of and in your name. You further agree to appear and assist us—at our expense and control—with protecting such copyrighted material from unauthorized redistribution.
You agree that we may sublicense all the rights granted to us under these Terms to one or more third parties we may contract with to display all or part of the User’s property listing or otherwise provide promotional or other services related to our business. In the event that you retain any rights of attribution, integrity or any other moral rights in any user-contributed content, you hereby waive your right to assert these or to require that any personally identifying information be used in connection with the user-contributed content or any derivative works thereof and affirm that you have no objection to the publication, use, modification, deletion or exploitation of the user-contributed content by us or our affiliates.
- Payment Terms and Conditions Applicable to Online Commitments.
- Social Media or Third-Party Websites.
If the Site advertises through or offers a tool or service that allows us to access or use any profile or other information about you that you have provided to Facebook or another third-party website (each a “Social Media Site”) and you decide to respond to or use such tool or service, you acknowledge and agree that:
- The information or content that is a part of your Social Media Site profile, which you have designated as “public” (or a similar designation) (with such information or content and referred to herein as “Social Media Content”), may be accessed and used by us in connection with the Site;
- The Social Media Content will be considered user-generated content under these Terms and both you and we shall have the same rights and responsibilities as you that we have with respect to user-generated content under these Terms;
- In the event that the Social Media Content was for any reason misclassified with a public or similar designation or is otherwise inaccurate or to which you do not agree with for any reason, you agree to work with the Social Media Site to make any changes or resolve any disputes and acknowledge that we will not be able to provide you with recourse; and
- Translations and Maps.
If any user-contributed content created by Users is translated for display on the Site, we cannot guarantee the accuracy or quality of such translation and the User is solely responsible for the review, verification and accuracy of such translation. Maps provided on the Site that are provided by Google are subject to the Google Maps terms and conditions located at:
- Notification of Infringement; DMCA Policy.
We respect the intellectual property rights of others and encourage you to do the same. Accordingly, We have a policy of removing User submissions that violate intellectual property rights of others, suspending access to this Site (or any portion thereof) to any user who uses this Site in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the this Site in violation of someone’s intellectual property rights.
Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a User of this Site, please provide written notice to our Agent for notice of claims of infringement:
Attn: Chris Sprehe, DMCA Agent
Address: 220 N Smith Street Ste 408 Palatine, IL 60067
Phone: (872) 246-9087
To be sure the matter is handled immediately, your written notice must:
- Contain your physical or electronic signature;
- Identify the copyrighted work or other intellectual property alleged to have been infringed;
- Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
- Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
- Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;
- Contain a statement that the information in the written notice is accurate; and
- Contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.
Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.
Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our Agent with a written counter-notification that includes the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
We reserve the right, in our sole discretion, to terminate the account or access of any User who is the subject of repeated DMCA or other infringement notifications.
- Unsolicited Ideas and Feedback.
From time to time, users submit to us ideas or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names. We are under no obligation to review or consider them. If you choose to submit any ideas, original creative artwork, suggestions or other works (“submissions”) in any form to us, then regardless of what you say, write or provide to us in connection with your submissions, the following terms shall apply. The sole purpose of this policy is to avoid potential misunderstandings or disputes in the event that any part of our business, such as our products, websites, technologies or marketing strategies, seems similar to any of your submissions. If you provide any submissions to us, you agree that: (i) your submission and its contents will automatically become the property of American Farm Financing, without any compensation to you; (ii) American Farm Financing may use or redistribute any such submission and its contents for any purpose and in any way; (iii) there is no obligation for American Farm Financing to review any submission; and (iv) there is no obligation to keep any submission confidential.
Please provide only specific feedback on our Site and Services. Keep in mind that we assume no obligation to keep any feedback you provide confidential and we reserve the right to use or disclose such information in any manner.
- Software Available on the Site.
Software available on the Site (the “Software”) is subject to United States export controls. No Software available on the Site or software available on any other site operated by American Farm Financing or an affiliate of American Farm Financing in the United States may be downloaded or otherwise exported or re-exported (i) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods, or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
All Software is the property of American Farm Financing, an affiliate of American Farm Financing or an identified third party. Your use of such Software is governed by these Terms and these Terms of any additional license agreement that accompanies or is included with such Software. If the Software is not accompanied by an additional license agreement, we hereby grant you a limited, personal and non-transferable license to use the Software for viewing and using this Site in accordance with these Terms and for no other purpose.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. COPYING OR REPRODUCING ANY SOFTWARE AVAILABLE ON THIS SITE IS EXPRESSLY PROHIBITED, EXCEPT AS SPECIFICALLY PROVIDED FOR IN A LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
- Links to Third-Party Sites.
This Site may contain links and pointers to other Internet sites, resources and sponsors of the Site. Links to and from the Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party sites or the contents thereof. We may also provide tools to allow interaction between the Site and a third-party site, such as a Social Media Site. We are not responsible in any way for such third-party sites or resources and your use of such sites and resources will not be governed by these Terms.
- Limitation of Liability.
IN NO EVENT WILL AMERICAN FARM FINANCING, OR ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS AND/OR EMPLOYEES (COLLECTIVELY, THE “AMERICAN FARM FINANCING GROUP”), OR ANY THIRD-PARTY PROVIDER OF A SERVICE OR TOOL OFFERED ON ANY SITE OR SERVICE, BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM: (A) THE SITES OR THE SERVICES, (B) THESE TERMS, (C) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY, (D) USE OF THE SITES OR SERVICES, (E) ANY USER-CONTRIBUTED CONTENT, (F) INTERACTION BETWEEN OUR SITES OR SERVICES AND ANY THIRD PARTY SITE, INCLUDING WITHOUT LIMITATION A SOCIAL MEDIA SITE, FACILITATED BY A TOOL OR SERVICE ON OUR SITE OR (G) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION, INCLUDING WITHOUT LIMITATION, ANY PAYMENT TRANSACTION (EVEN IF WE OR ANY THIRD PARTY PROVIDER RECEIVES A FEE IN CONNECTION THEREWITH) BETWEEN USERS, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
IF YOU ARE DISSATISFIED WITH THE SITE, YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, ANY THIRD PARTY PROVIDER OR ANY USER OF THE SITE WITH RESPECT TO THESE TERMS OR THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE. IN ALL EVENTS, OUR LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITES AND SERVICES IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; OR (B) $100.00, IN THE AGGREGATE FOR ALL CLAIMS.
THE SITES AND SERVICES, INCLUDING, WITHOUT LIMITATION, ALL DATA, INFORMATION, CONTENT AND MATERIALS THEREIN AND ANY THIRD PARTY PRODUCTS OR SERVICES ACCESSIBLE THEREFROM, ARE PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE SITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS SITES OR SERVICES IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER-CONTRIBUTED CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER-CONTRIBUTED CONTENT TO US AND BY POSTING INFORMATION ON THE SITES AND SERVICES, INCLUDING PROPERTY LISTINGS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD US OR ANY THIRD PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATION THEREOF, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY LEASE TRANSACTION OR OTHER TRANSACTION BETWEEN USERS OF THE SITE. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE SAFETY OF ANY TRANSACTION, RENTAL PROPERTY OR THE TRUTH OR ACCURACY OF ANY LISTING OR OTHER CONTENT PROVIDED ON THE SITES AND SERVICES. YOU FURTHER ACKNOWLEDGE THAT BY DISPLAYING INFORMATION OR PROPERTY LISTINGS IN PARTICULAR DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS IS WITHOUT RISK AND ARE NOT LIABLE FOR DAMAGES WITH RESPECT TO TRAVEL TO ANY DESTINATION.
- Release; Indemnification.
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR USER-CONTRIBUTED CONTENT) OR ANY THIRD PARTY PROVIDER OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR FROM OR OTHERWISE INTERACT WITH THE SITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE EACH USER OF THE AMERICAN FARM FINANCING, EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS AMERICAN FARM FINANCING, ITS AFFILIATED COMPANIES, AND ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, CONTRACTORS, CUSTOMERS AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION, DEMANDS, RECOVERIES, LOSSES, DAMAGES, FINES, PENALTIES OR OTHER COSTS OR EXPENSES OF ANY KIND OR NATURE INCLUDING, BUT NOT LIMITED TO, REASONABLE LEGAL AND ACCOUNTING FEES, AS A RESULT OF: (I) YOUR BREACH OF THESE TERMS OR THE DOCUMENTS OR OTHER TERMS REFERENCED HEREIN; (II) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY; (III) YOUR USE OF THIS SITE OR THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER USER OR THIRD PARTY); (IV) ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF OR POSTED BY OTHER USERS OF YOUR ACCOUNT TO THE SITE; (V) USE OF ANY TOOL OR SERVICE PROVIDED BY A THIRD PARTY PROVIDER; (VI) ANY USE OF A SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING WITHOUT LIMITATION, ANY SOCIAL MEDIA SITE. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM.
WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR PRIOR WRITTEN CONSENT.
- Disputes; Arbitration.
American Farm Financing’s right to amend these Terms, in whole or in part, at any time as set forth below does not apply to this “Disputes; Arbitration” section. The version of this “Disputes; Arbitration” section in effect on the date you last accepted these Terms controls.
Any and all Claims will be resolved by binding arbitration, rather than in court, except you may assert Claims on an individual basis in small claims court if they qualify. This includes any Claims you assert against us, our subsidiaries, users or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any Claims that arose before you accepted these Terms, regardless of whether prior versions of these Terms required arbitration.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must follow and enforce these Terms as a court would.
Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Arbitration Consumer Rules (together, the “AAA Rules”). Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, except as provided in this section. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed upon location.
By agreeing to arbitration under the AAA Rules, the parties agree, among other things, that the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive power to rule on any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to “Tillable Legal: Arbitration Claim Manager,” 222 W. Hubbard St. #200, Chicago, IL 60654. If we request arbitration against you, we will give you notice at the email address or street address you have provided. The AAA’s rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879.
Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to these Terms. An arbitration decision may be confirmed by any court with competent jurisdiction.
- Responsibility for Insurance.
We do not provide insurance protection. Users are solely responsible for obtaining insurance coverage sufficient to protect their properties.
All notices to American Farm Financing shall be given by postal mail to:
Attn: Legal Department
220 N Smith Street Ste 408 Palatine, IL 60067
When we need to send you notice, it will be sent to the email address you provide to the Site during the registration process or as later updated in your account (if applicable). Notice to you shall be deemed given upon such email being sent. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to any physical address you provided to us during the registration process or as later updated in your account (if applicable). Such notice by certified mail shall be deemed given three days after the date of mailing to a physical address and one day after mailing to an electronic address.
- Amendments to these Terms/changes to the Services
The Services (including the features, terms and operation thereof) offered at the time of a User’s subscription or sign up for a non-subscription-based account are subject to the descriptions displayed at the time of use and/or purchase and are subject to change without notice or approval. We reserve the right to offer additional products, services or features for purchase at any time, and we may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, database or content. We may also impose limits on certain features or services or restrict your access to parts or the entire Site without notice or liability. The version of the Terms to which you are hereby agreeing became effective on the date set forth above, and this version of the Terms amends and supplants any and all versions effective before such date. American Farm Financing reserves the right, in its sole discretion, to amend these Terms, in whole or in part, at any time. Notification of any amendment will be posted on the Site by the indication of the last amendment date at the top of these Terms and will be effective immediately. When Users renew subscriptions, the terms in effect at the time of renewal will govern, provided that such terms may change as described above. We also reserve the right, in our sole discretion and from time to time, to offer programs, products or services with unique terms and conditions that are separate from and may supersede or supplement in certain respects these Terms. In such cases, your use of the Site with respect to such a special program is governed by these Terms together with the terms and conditions of such program, product or service. We reserve the right, but assume no obligation, to agree to terms and conditions that may be different from or conflict with these Terms with respect to any User. Any such terms and conditions will not be enforceable unless specifically agreed to by us.
We do not separately file or save the Terms entered into by each User for access by such User. Please make a copy of these Terms for your records by printing and/or saving a downloaded copy of the Terms on your personal computer. We may immediately terminate any User’s access to or use of the Site due to such User’s breach of these Terms or any other unauthorized use of the Site. However, we do not guarantee that we will take action against any or all breaches of these Terms. Our failure to take immediate action with respect to a breach by you or others does not waive our right to act with respect to such breach or any other breach.
These Terms constitute the entire agreement between us and you with respect to the matters set forth herein, and supersede any prior agreement between us and you with respect to your use of the Site. Headings in these Terms are for reference only and do not limit the scope or extent of such section. In the event of any conflict between these Terms and any other terms and conditions applicable to a product, tool or service offered on our Site, the Terms herein shall prevail. If any portion of these Terms is found to be invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms shall remain in full force and effect. Further, any provision of these Terms held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
We may assign these Terms in our sole discretion. Users must obtain our prior written consent to assign these Terms, which may be granted or withheld by us in our sole discretion.
- Additional Terms and Conditions
Certain Services may only be used by Users who can form legally binding contracts under applicable law. If you are registering as a business entity to use these Services, you represent that you have the authority to bind the entity to these Terms. Each User represents and covenants that all information submitted to us and to the Site during such User’s registration with the Site shall be true and correct. Each User further agrees to promptly provide notice to the Site by contacting us as provided above under “Contact Us” regarding any updates to any such User’s contact information previously submitted by such User to the Site.
- Additional User Representations.
Each User represents and covenants that: (i) it owns and/or has all necessary rights and authority to offer for lease and to lease the property listed by such User; (ii) it will not wrongfully withhold a lease deposit in breach of the underlying lease agreement; (iii) it will accurately describe the subject rental property, will not fail to disclose a material defect in, or material information about, a rental property and will upon request, or otherwise from time to time, review the property listing content and location or geographic description to ensure it is accurate and not misleading ; (iv) it will not wrongfully deny access to the listed property; and (v) it will not fail to provide a refund when due as defined in the Lease agreement (if any). If American Farm Financing incurs any cost (including reasonable attorney’s fees), expense, claim, damages, loss, or liability as a result of your breach of any of the foregoing representations and covenants, American Farm Financing reserves the right to recover from you the full amount of the same. Upon our request, each User agrees to promptly provide to us such proof of personal identification, proof that the condition, location, or unique characteristics associated with the property are accurately described in the listing, proof of ownership of the property listed on the Site, and/or proof of authority to list the property.
- Appearance in Search Results.
We cannot guarantee that your listing will appear in any specific order in search results on the Site. Search order will fluctuate based on a variety of factors such as search parameters, subscription level purchased, listing quality, how frequently a calendar is updated, grower preferences, User response time, Lease history, online commitment capability, compliance with posted listing practice requirements, and other factors that we may deem important to the User experience from time to time. Listing appearance or order in any particular search result may also vary depending on the search criteria used by the particular grower. We reserve the right to apply various search algorithms or to use methods to optimize results for particular Users’ needs and the overall marketplace. Listings distributed on third-party sites as provided in Section 34 below are not guaranteed to display on such third-party site in any particular order or at all. Search results and order may appear differently on American Farm Financing’s mobile application than they appear on the Site. To optimize the search experience for both Users and growers and improve the match process, American Farm Financing reserves the right to run occasional tests to determine how we display listings and search results.
- Content, Layout and Copy.
All content and copy edits submitted by Users are subject to review and approval by us in our sole discretion. We reserve the right to refuse to publish any content that we determine in our sole discretion does not meet these Terms or is otherwise unacceptable to us. However, we assume no duty to review content and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, content and/or photographs or any change made to any content, photograph or copy submitted by any User. All content must meet these Terms and our Content Guidelines. We reserve the right to edit content submitted to the Site in a non-substantive manner solely to ensure that the content complies with our Content Guidelines or formatting requirements. Users are responsible for reviewing and ensuring that any content displayed on the Site appears as the User intended.
Photographs should depict the property as the main subject of the photograph. Any information or images that would violate the privacy rights, intellectual property rights (including but not limited to copyright rights) or any other rights of a third party is prohibited. We reserve the right to not display or to remove any photographs that we determine, in our sole discretion, do not meet these Terms or are otherwise unacceptable to us.
By submitting a photograph to us, the User represents and warrants that (a) it holds all intellectual property rights (including but not limited to all copyright rights), (b) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement on the Site, (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph, and (d) that it will indemnify and hold harmless American Farm Financing from any cause of action arising from any misrepresentation with respect to any and all photographs so submitted or in the event of claims that the use of a photograph violates another party’s copyright.
It is the User’s responsibility to obtain any and all permissions required to use, post and grant the foregoing rights in all photographic and other material used in its listings. The User warrants that it is the owner of the copyright in such material or is authorized by the owner thereof to grant to us the rights therein contained and agrees to provide any proof of such rights to us that we may request. Each User further agrees that we may reproduce in whole or in part any photographic material supplied by such User in the promotion of either such User’s property or the Site.
- Uses of Our Trademarks or Logos.
There are limited ways in which a User may use our trademarks, service marks or logos in connection with a listing without specific prior written authorization. The following are general guidelines. It is usually permissible for you to refer to American Farm Financing or the name of one of our affiliate websites on which you list your property in a descriptive manner in your listing on the Site or in other permissible communications. However, you may not refer to American Farm Financing or any of our affiliates in any way that might lead someone to believe that your company, property, listing or site is sponsored by, affiliated with, or endorsed by American Farm Financing or one of our affiliates. You may not use the American Farm Financing name or one of our affiliates’ names on any other website that lists land rentals without our prior written authorization.
The American Farm Financing name and logo and those of the American Farm Financing and our affiliates are service marks, trademarks or registered trademarks in the United States and other jurisdictions around the world. We generally do not permit the use of our names and logos, other than as described above or with our prior written authorization. If you want permission to use our name and/or logo in any other manner, including, without limitation, on any website, business card, signage, t-shirt, etc., or if you have other questions, you may visit Americanfarmfinancing.com.
- Hypertext Links.
if a hypertext link is used for any purpose other than an authorized cross listing of a property for sale linked to a licensed broker, we reserve the right to refuse hypertext links to, or addresses of, other websites from Users’ pages, and to remove links or web addresses without notice at our sole discretion.
- Substitution of Properties; Advertising More Than One Property; Property Managers.
Each listing must relate to an individual and uniquely identified property, unless you purchased a listing package that expressly allows for substitution of properties. This means that:
- The property in a listing may not be substituted for another property without our consent. We may approve a request in our discretion if the property manager’s contract for the property was terminated and the User provides sufficient proof, as requested by us, and completes any additional forms we may request. The type and term of the listing for any substituted property shall be the same as the type and term of the originally-listed property (i.e., the term will not be extended past the original term). If a User submits changes to an existing listing that, if approved, would substantially alter the listing to make it that of another property, then we have the right to terminate the listing (i.e., remove it from the Site and Services) and may choose, in our sole discretion, to retain any fees associated previously existing listing as compensation for the violation of this condition.
- The listing cannot be a mere example of properties in a given area. Only one property can appear on each listing, unless it is a property with multiple rental units and additional listings are purchased. We reserve the right to amend the copy or remove any listing when more than one property is described in such listing, and may choose, in our sole discretion to retain any fees associated such non-conforming listing as compensation for the violation of this condition.
- Distribution of Listings to Third Party Websites.
To enable Users to obtain broader distribution of their properties, we may provide your listing information and content, or otherwise provide for the distribution of your listing on a third party website. Additional terms and conditions may apply to such distributions, as we may notify you of via your owner dashboard or email. If we do provide your listing to a third party website, all of your obligations to American Farm Financing will continue to be in effect, pursuant to these Terms and any other agreement you enter into with American Farm Financing.
- Termination of Listings; Other Remedies.
If, in our sole discretion, any User submits unsuitable material to our Site or into our database, is not abiding by local regulations and is creating a nuisance in its community, misuses the Site or our online system or is in material breach of these Terms, we reserve the right to limit the User’s use of the Site, impact the User’s listing(s) search position, and/or terminate such User’s listing immediately without refund. In addition, if we become aware of or receive a complaint or a series of complaints from any User or other third party regarding a User’s listing or Lease practices that, in our sole discretion, warrants the immediate removal of such User’s listing from the Site, then we may immediately terminate such User’s listing(s) or subscription(s) without notice to the User and without refund. We assume no duty to investigate complaints. Finally, if any User is abusive or offensive to any employee or representative of the American Farm Financing, we reserve the right to terminate such User’s listing(s) or subscription(s) immediately without refund.
In addition to reserving the right to terminate any listing, American Farm Financing reserves all rights to respond to any violation of these Terms or misuse of the Site by, including, but not limited to, hiding a listing from the search results, marking a User as “out of office,” and removing or changing information that may be false or misleading.