AcreValue Software Services and Privacy Terms
Last updated February 16th, 2022
THIS AGREEMENT (“AGREEMENT”) IS A BINDING CONTRACT BETWEEN YOU AND AG-ANALYTICS TECHNOLOGY COMPANY, AND ITS AFFILIATES, INCLUDING ACREVALUE BROKERAGE SERVICES LLC (“WE”, “OUR” OR “US”) AND GOVERNS YOUR ACQUISITION OF, ACCESS TO, AND USE OF THE SERVICES.
Your use of AcreValue is subject to the Ag-Analytics AcreValue Terms of Service (“Agreement”) and Ag-Analytics AcreValue Privacy Terms (“Privacy Terms”). The AcreValue application (“AcreValue”) and website are “Services” as defined in the Agreement and Privacy Terms, and by accessing the AcreValue Services You are agreeing to the terms in the Agreement and Privacy Terms as well as the terms below. Any capitalized terms not defined herein are as defined in the Agreement or Privacy Terms, as applicable.
If You are entering this Agreement on behalf of a company or other legal entity, You are accepting these terms on behalf of that entity and representing that You have the authority to bind the entity, in which case “You” refers to the entity and its affiliates. If You do not have such authority, are not 18 years or older, or do not agree to these terms, You may not use the AcreValue Services.
You agree to compensate us for any compliance services requested by you. Government agencies are intended for enterprise subscriptions; please contact us at email@example.com.
Restricted organizations and affiliations. You may not access AcreValue if You are affiliated with any of the following entities and their affiliates or subsidiaries or their successors-in-interest: Acxiom, America Online, Inc. (AOL), Black Knight, CBCInnovis, CD-Data, Collateral Analytics, Costar Group, Courthouse Retrieval System Inc., Data Solutions, Datamyx, Data Verify, Digital Risk, Experian, Equifax, Fair Isaac Corporation, Fidelity National Financial (FNF), Fidelity National Information Services (FNIS), Fidelity National Insurance Company, Fidelity National Title Group, Find the Best, First American Financial Corporation, First Data Solutions, FiServ, FNC, Google, Haines, InfoUSA, Insurance Service Office (ISO), International Data Management (IDM), Interthinx, iPlace, ISGN, Land America, Lender Processing Services, Lending Tree, Lexis/Nexis, MacDonald-Detweiler, MasterFiles, Merlin Data, Microsoft, Myriad Development, National Data Cooperative, National Information Services, New Reach, Real Info, Real Net, Renwood RealtyTrac LLC, RJ Peters, Sedgwick CMS, Stewart Information Services Corporation, SW Financial, TPG Capital, Thompson-West Group, TransUnion, Verisk, Veros, Yahoo!, Zaio, and Zillow.
Additional Restrictions. In addition to the restrictions in the Agreement, You shall not:
Intercept, examine, or otherwise observe any proprietary communications protocol used by a client, a server, or the AcreValue Properties, whether through the use of a network analyzer, packet sniffer, or other device;
Systematically retrieve data or other content from AcreValue to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory, or the like, whether by manual methods, through the use of bots, crawlers, spiders, or otherwise;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through AcreValue;
Use any unauthorized software that accesses, intercepts, “mines,” or otherwise collects information from or through the AcreValue Properties or that is in transit from or to the AcreValue Properties, including, but not limited to, any software that reads areas of RAM or streams of network traffic used by the AcreValue Properties;
Make any automated use of AcreValue Properties, or take any action that imposes or may impose (in Ag-Analytics’ sole discretion) an unreasonable or disproportionately large load on the infrastructure for the AcreValue Properties;
Bypass any robot exclusion headers or other measures Ag-Analytics takes to restrict access to the AcreValue Properties, or use any software, technology or device to send content or messages, scrape, spider or crawl the AcreValue Properties, or harvest or manipulate data;
Use, facilitate, create, or maintain any unauthorized connection to the AcreValue Properties, including, but not limited to: (i) any connection to any unauthorized server that emulates, or attempts to emulate, any part of the AcreValue Properties; or (ii) any connection using programs, tools, or software not expressly approved by Ag-Analytics;
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, but not limited to, clear GIFs, 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).
Use the AcreValue website or contact us via the AcreValue website (or via Ag-Analytics Technology Company) for matters related to, or for the purpose of, any federally related mortgage loan, or residential real property designed principally for the occupancy of one to four family homes (one-to-four family structures located or to be constructed using proceeds of the loan, including individual units of condominiums and cooperatives; or a manufactured home that is located or is to be constructed using proceeds of the loan).
AcreValue Paid Subscriptions. In addition to the payment terms in the Agreement, the following payment terms apply to Your use of AcreValue:
1. AcreValue Payments. You must provide Us with payment information (for example, a credit card) when You sign up for our paid AcreValue services. When You provide payment information, You agree that We are authorized to immediately charge Your account for all fees and charges due and payable to Us with respect to Your use of AcreValue services.
2. Automatic Subscription Renewal for AcreValue. Your subscription for AcreValue will continue indefinitely until You cancel Your subscription as described below. After Your initial subscription period, and again after any subsequent subscription period, Your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at Ag-Analytics’ then-current price for such subscription. You agree that Your AcreValue account will be subject to this automatic renewal feature unless You cancel Your subscription at any time prior to the Renewal Commencement Date by emailing firstname.lastname@example.org with the subject line “Subscription Cancellation” and the body “I would like to cancel my AcreValue subscription”. If You cancel Your subscription, You may use Your subscription until the end of Your then-current subscription term; Your subscription will not be renewed after Your then-current term expires. However, You will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, You authorize Ag-Analytics to charge Your designated payment method now, and again at the beginning of any subsequent subscription period. Upon renewal of Your subscription, if Ag-Analytics does not receive payment from You through Your designated payment method, (i) You agree to pay all amounts due on Your Account upon demand, and/or (ii) You agree that Ag-Analytics may either terminate or suspend Your subscription and continue to attempt to charge Your designated payment method until payment is received (upon receipt of payment, Your AcreValue account will be activated and for purposes of automatic renewal, Your new subscription commitment period will begin as of the day payment was received).
3. Cancellation Period. You may cancel Your subscription to AcreValue until 3 days after the day on which the subscription was entered into. This means that during that period if You change Your mind or decide for any other reason that You do not want to continue receiving the paid Service, You can notify Us of Your decision to cancel Your subscription and receive a refund. To cancel a subscription, You just need to let Us know that You have decided to cancel. The easiest way to do this is to email Us at email@example.com. If You email Us, We will email You to confirm We have received Your cancellation. If You cancel Your subscription, We will refund You the price paid for the subscription.
State Law Compliance. The properties listed on AcreValue include information obtained from public records. Some states, including, but not limited to, Kansas, Idaho, and Montana, prohibit mailings for marketing/solicitation purposes based on information obtained from public records. You shall not use the AcreValue properties in violation of state marketing/solicitation prohibitions.
Land claim feature. As part of the Services, You may have the ability to designate a tract of land as being owned by You. By entering that information, You represent that all such information is true and accurate. You also agree to update such information if it changes at any time during Your use of the Services. We do not verify claims of ownership made through this feature. If You opt to communicate with a purported owner of a property through the AcreValue messaging service, the message recipient will have access to Your name, email address, and contact information, and We are not responsible for the information provided via such messaging service. When You use the AcreValue messaging service, We may save and review the messages You send and receive to monitor compliance with the Agreement.
Ag-Analytics Technology Company Disclaimer. Ag-Analytics Technology Company does not act as a real estate agent for You or any other user. However, Ag-Analytics Technology Company has a business relationship with AcreValue Brokerage Services LLC. (the "Affiliate"). Specifically, Ag-Analytics Technology Company wholly owns or is the ultimate owner of AcreValue Brokerage Services LLC. Because of this relationship, this may provide Ag-Analytics Technology Company and/or AcreValue Brokerage Services LLC. a financial or other benefit. Ag-Analytics Technology Company does not sell, buy, or negotiate the purchase, sale, or exchange of real property. Further, Ag-Analytics Technology Company does not lease or rent, offer to lease or rent, negotiate the lease of real property, or otherwise aid or assist in the lease of real property. The Services do not constitute an appraisal of any subject property, and do not include a physical or visual inspection of any subject property or an analysis of current market conditions by a licensed or certified appraiser. The condition of any subject property and current market conditions may greatly affect the validity of the Services. You shall not use the Services in lieu of a walk-through appraisal or other form of appraisal by a certified appraiser. You shall not construe the Services as a representation by Us as to the condition of title to real property. The Services may not include all recorded conveyances, instruments, or documents that impart constructive notice with respect to any chain of title described in the Services. Certain Services are based upon data collected from public record sources. Lending professionals and lending institutions should not rely on the accuracy of the Services when making any loan-related decisions. The accuracy of the methodology used to develop the Services, the existence of any subject property, and the accuracy of any predicted value provided are estimates based on available data and are not warranted in any way.
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Ag-Analytics Technology Company and/or AcreValue Brokerage Services LLC (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting "Sign Up" when registering on the system, or "Submit" when inquiring about our services.
Getting paper copies
At any time, you may request from us a paper copy of any record related to terms provided or made available electronically to you by us (for a reasonable fee). You will have the ability to download and print documents we send to you through the system during and immediately after the signing session and, if you elect to create a account, you may access the terms on the website. You may request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive new required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the system to receive required notices and consents electronically from us or to sign electronically documents from us, nor will you be able to access the system electronically. We do not promise to provision any system services not electronically delivered.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us, and/or through our website. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
How to contact Ag-Analytics Technology Company and/or AcreValue Brokerage Services LLC:
You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:
To contact us by email send messages to: firstname.lastname@example.org
To advise Ag-Analytics Technology Company and/or AcreValue Brokerage Services LLC of your new email address
To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at email@example.com and in the body of such request you must state: your previous email address, your new email address; you must send this from both your new and old address for confirmation. We do not require any other information from you to change your email address.
If you created an AcreValue account, you may update it with your new email address through your account preferences.
To request paper copies from Ag-Analytics Technology Company and/or AcreValue Brokerage Services LLC
To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to firstname.lastname@example.org and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with Ag-Analytics Technology Company and/or AcreValue Brokerage Services LLC
To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:
i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an email to email@example.com and in the body of such request you must state your email, full name, mailing address, and telephone number, and this must be sent from your registered email address. We do not need any other information from you to withdraw consent. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process and you will no longer be able to access the AcreValue system electronically.
Required hardware and software
The minimum system requirements for accessing the AcreValue system may change over time.
Acknowledging your access and consent to receive and sign documents electronically
To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access; you confirm this by creating your account when you click "Sign Up". Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the "Sign Up" button when you register (or "Submit" button when submitting an inquiry).
By selecting the "Sign Up" button you confirm that:
You can access and read this Electronic Record and Signature Disclosure; and
You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
Until or unless you notify Ag-Analytics Technology Company and/or AcreValue Brokerage Services LLC as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Ag-Analytics Technology Company and/or AcreValue Brokerage Services LLC during the course of your relationship with Ag-Analytics Technology Company and/or AcreValue Brokerage Services LLC.
User Content, Listings Service, and License Rights. AcreValue is intended to provide general information on rural properties, land, and associated services, among other purposes. While we strive to make commercially reasonable efforts to ensure that information displayed on the site is accurate and complete, none of the information should deemed to be an official record or used as the sole or primary source in making any investments, purchases of services, products, properties, or otherwise. You agree to comply with any use and other restrictions contained in any content available on or accessed through Us or our websites. The information on AcreValue is provided solely as general information. It does not constitute real estate, legal, or any other professional advice or an offer to buy or sell real estate. The website contains, or may contain content, including but not limited to, products, website, images, illustrations, logos, software, photographs, audio, video, graphics, and other material collectively, that is protected by copyright, trademark, or other proprietary rights, owned or controlled by Us, third parties or their respective owners or licensees. Certain portions of the website may allow users to upload or otherwise provide Us images, photos, video, data, text, listings, trademarks, logos, and other content, including but not limited to API feeds and XML downloads ("content"). Your use of any website material is for personal use only. You may only access the information manually through a standard web browser, and may not use any spiders, bots, scrapers, or other programs to access, procure, store, use, analyze, copy or redistribute any information on the website without our express written permission. You may not redistribute, sell, decompile, reverse engineer, or disassemble any software or any other products on the site in any manner unless prior written authorization is given. You may not use the contents for any unlawful or commercial purpose. The trademarks, logos, and service marks contained in website and reports are either owned or used with permission or under license from their owners, or are the property of other third parties. You are not permitted to use such trademarks without the prior written consent of their respective owners or such third parties. According to applicable copyright law, all content on the site is copyrighted as a collective work of ours. It is your responsibility to verify any information on the websites and pages before relying on that information to make any purchases or use the information in any other way. We do not warrant or guarantee that any of the information on the site is accurate, complete, helpful, or timely. We may make improvements and changes in the information, products, or website described herein at any time. Periodic updates to this site are not guaranteed.
You agree to update and maintain the accuracy of the information provided to Us. When we allow certain users under specific plans to submit property descriptions, company information, financial data, maps, photographs, and other information to the website to be publicly displayed, we have the sole authority to choose how any property will be displayed, marketed, advertised, searched, stored, sorted, accessed, downloaded, copied, and otherwise used on the website or by our employees, partners, or users. You agree to allow the property listings, or any part of them, to be displayed, searched, accessed, downloaded, copied, and otherwise referred to by other website users. Further, we shall have the right to modify any information on the website at any time.
Referrals and Lead Sales. As part of your website use, you may be connected with a real estate professional, and/or other settlement services such as mortgage loan originators, title and escrow providers, or other settlement providers. You authorize Us to make referrals and acknowledge that we may be paid valuable consideration for facilitating these referrals. If any of these parties have an affiliated relationship with any of our companies or affiliates, then one or more of our companies may receive financial or other benefits from the referral between such affiliates. If you choose to contact Us or a third-party bank, financial institution, mortgage lender, broker, originator, or other professionals through the website by filling out a contact form, or via communication with us, or by signing up on the website (which implicitly conveys such intention by you) you authorize Us to provide the information you submit to our partners and third-party service providers. Any information you provide to us will not be considered anonymous or confidential. Your use of the website is not a credit application. Decisions in any related loans are not made by Us.
Warranty Disclaimer and Limitation of Liability
WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING YOUR SUBMISSION OF IMAGES/VIDEOS. WE AND OUR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS, AND THIRD-PARTY LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR THE MATERIAL OR CONTENT CONTAINED OR REFERRED TO ON IT, OR FOR ANY INFORMATION OBTAINED THROUGH THE SITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE ARE NOT LIABLE IN ANY WAY FOR YOUR SUBMISSION OF IMAGES/VIDEOS TO THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE SITE OR IN THE CONTENT. WE DO NOT MAKE AND EXPRESSLY DISCLAIM ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES TO YOU REGARDING A PARTICULAR PURPOSE, TITLE ACCURACY, AND NON-INFRINGEMENT. WE RESERVE THE RIGHT TO CHANGE OR DISCONTINUE AT ANY TIME ANY ASPECT OR FEATURE OF THE SITE. THE ABOVE MAY NOT APPLY TO YOU BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF IMPLIED WARRANTIES. IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES TO THE TERMS, PLEASE EXIT THE SERVICE IMMEDIATELY AND CONTACT US TO CANCEL YOUR SUBSCRIPTION AND REMOVE YOUR MATERIALS AS MAY BE APPLICABLE. THE ABOVE MAY NOT APPLY TO YOU BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OF IMPLIED WARRANTIES.
State Disclosure Requirements
AcreValue Brokerage Services LLC has a real estate brokerage license in the following states:
State License Number
Acknowledgement - Affiliated Businesses Disclosures
By entering your information on this site and clicking the submit button, and/or registering on this site, and/or contacting us, you consent to using electronic records and signatures and to being contacted by us and our affiliates, real estate professionals, lenders, partners, vendors, clients and others (“collaborators”) and agree that we may share with our collaborators your contact information and may call/text you about your inquiry, which may involve use of automated means and prerecorded/artificial voices. Message/data rates may apply. We may generate fees or other revenue from these referrals, or otherwise have a financial stake in these activities to the extent allowed by applicable law.
You do not need to consent as a condition of selling or buying any property, goods or services. We do not endorse any third-party lenders or real estate professionals.
AcreValue Brokerage Services LLC., a licensed Indiana Real Estate Broker Company, RC52200004, is affiliated with Ag-Analytics Technology Company. You certify your use of this site and the reason for contacting us is not for residential real property designed principally for the occupancy of from one to four families and/or any federally related mortgage loan, and that your use is solely related to business, commercial or agricultural purposes as defined in Regulation Z, 12 CFR 1026.3(a)(1)).
AcreValue Brokerage Services LLC typical market fees for residential real estate transactions are 0% - 3% of a side (buy and/or sell) of the transaction, as is customary in the real estate industry.
You have many options for real estate brokerage services. You are NOT required to use the Affiliates as a condition for the purchase, sale, or refinance of the subject property. THERE ARE FREQUENTLY OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES.
These terms provide you notice that Ag-Analytics Technology Company has a business relationship with AcreValue Brokerage Services LLC. (the "Affiliate"). Specifically, Ag-Analytics Technology Company wholly owns or is the ultimate owner of AcreValue Brokerage Services LLC. Because of this relationships, this may provide Ag-Analytics Technology Company and/or AcreValue Brokerage Services LLC. a financial or other benefit. Set forth below is the estimated charge or range of charges for the settlement services listed. You are NOT required to use the Affiliates as a condition for the purchase, sale, or refinance of the subject property. THERE ARE FREQUENTLY OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES.
AcreValue Brokerage Services LLC | Charge or Range of Charges
Real Estate Commission | 0 - 6% of purchase price (or 0%-3% of either side of the transaction)
By clicking “Acknowledge,”, "Submit", "Sign Up", or similar, on our website, you acknowledge that you have read this disclosure and our terms and understand that Ag-Analytics Technology Company and/or AcreValue Brokerage Services is referring you to purchase the above-described settlement service(s) and that We may receive a financial or other benefit as the result of this referral.
Your acknowledgement alone is not an agreement to pay nor does it create any obligation in and of itself to pay any fee, nor does it constitute or create an agency or fiduciary relationship, or require us to provide You any particular service.