(Last Updated: July 2025)
These Terms of Use (this "Agreement") govern your rights to use and access the online platform located at acrehedge.com (including any subdomain thereof) and any mobile or web application (collectively, any website or application, the "Site") as made available by AcreHedge, Inc., a Delaware corporation ("AcreHedge").
Through the Site, AcreHedge provides a platform that allows farmers and other permitted users to obtain and analyze information regarding their agricultural crops and other related services offered through the Site from time-to-time (such services, the Site, collectively, the "Services"). The term "Customer" as used in this Agreement, means the person, legal business entity, organization, or other party subscribing for Services for its own internal business or association purposes.
By accessing or using the Services, Customer is accepting this Agreement and the individual agreeing to this Agreement on behalf of the Customer, if applicable, represents that he or she has the right, authority, and capacity to enter into this Agreement and to bind Customer to this Agreement.
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO CUSTOMER IN THE EVENT OF A DISPUTE.
In order to use the Services, Customer must register for or be provided with a AcreHedge account through the Site (an "Account"). Customer will be required to provide certain information as prompted by the registration form on the Site. Customer represents that: (a) all required registration information is truthful and accurate, (b) it will maintain the accuracy of such information, and (c) that the individual completing the registration for an Account and purchasing a Subscription is authorized to register an Account and enter into this Agreement on behalf of Customer.
CONSENT TO TEXT MESSAGING: Customer consents to receiving text (SMS) messages from AcreHedge as part of the standard business operations of your use of the Services, including recurring automated marketing and promotional messages about any of the Services. You can unsubscribe at any time by replying STOP, or HELP to ask for any help regarding a message received. Message frequency may vary. AcreHedge reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Message and Data rates may apply. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
Depending on the terms of the applicable Subscription, Customer will be given a total number of sub-accounts that may be used solely by its authorized agents, including its employees or contractors. Customer is responsible for all activity of its users through the Account. Any action by a Customer's user in violation of this Agreement will be deemed a violation by Customer. Each user may be assigned various degrees of permissions or administrative functionality by following the directions on the Site and within Customer's Account.
Customer is responsible for maintaining the confidentiality of all Account login credentials, including that of each user, and is fully responsible for all activities that occur under the Account. Customer agrees to immediately notify AcreHedge of any unauthorized use, or suspected unauthorized use of the Account or any other breach of security. AcreHedge cannot and will not be liable for any loss or damage arising from any authorized use of Customer's Account or the failure to comply with the above requirements.
While a basic Account may be made available without charge, to use certain features of the Services, Customer may be required to order one or more subscriptions to be associated with each Account by following the directions on the Site (each, a "Subscription"). Each Subscription will be at the price (which may be free) and include those features and functionality as offered on the Site at the time of purchase of the Subscription.
Once Customer orders a Subscription, the Subscription will be for the term set forth on the Site and selected at the time of purchase, e.g. one month or one year. Such term will automatically renew for successive terms of equal length, until Customer cancels the Subscription by following the directions on the Site or Customer's Account by giving no less than 30 days' notice of cancellation or non-renewal. AcreHedge may change the pricing for the Subscription (from time to time in its sole discretion) by updating the Site and without any additional notice to Customer, provided that any changes will not take effect until Customer's Subscription renews and Customer will not be charged any increase in price unless Customer agrees to such continued Subscription at the increased price. Notwithstanding the foregoing, any Subscription that is offered without charge (e.g. a basic Account) is not for any defined term and AcreHedge may elect to begin charging a fee at any time, on a prospective basis, or alter any other terms or conditions of a basic or free Account without prior notice, which will be effective immediately.
Customer may cancel its Subscription in accordance with the instructions available on the Site or Customer's Account. The effective date and time for such cancellation will be at the end of the then-current term for a paid Subscription. Notwithstanding anything to the contrary in the foregoing, with respect to Subscription, such Subscription will be discontinued only upon the expiration of the respective period for which Customer has already made payment. In order to avoid the next automatic renewal and respective charge of the Subscription fee, the cancellation request must be made at least 14 days prior to the expiration of the then-current Subscription term.
Customer agrees to pay the then-current applicable Subscription fee listed on the Site at the time of purchase or renewal. AcreHedge will automatically bill Customer's credit card submitted in ordering the Subscription on the date the Subscription is activated, until Customer cancels the Subscription in accordance with this Agreement. In lieu of processing or accepting Customer's credit card, if any, AcreHedge may invoice Customer directly and Customer will remit the applicable payment noted in the invoice immediately upon receipt. All payments are non-refundable. Customer hereby agrees to pay AcreHedge as described above and authorize AcreHedge to bill Customer's credit card, if applicable. Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and Customer is responsible for payment of all such taxes, levies or duties. Any amounts not paid when due will bear interest at the rate of one and one half percent (1.5%) per month, or the maximum legal rate, if less. If any fee cannot be charged to Customer's credit card for any reason, AcreHedge may provide Customer, via email, notice of such non-payment and a link for Customer to update Customer's payment information. If such non-payment is not remedied within seven days after receiving such notice of non-payment, then AcreHedge may terminate the applicable Subscription, the Account and/or this Agreement.
Customer will be entitled to that level of support service associated with any Subscription, as provided on the Site at the time of purchase. Unless otherwise provided on the Site at the time of purchase, Customer will receive live support as provided on the Site or through the Account, subject to availability, provided that a basic Account or other Subscription offered without charge will not entitle Customer to any phone or other support, although AcreHedge may choose to provide customer service in its discretion. The level of support provided does not create any representation or warranty that AcreHedge will be able to satisfactorily address or correct any issue, problem, or request that Customer has with the Services. No statements made by any customer support representative may create new or alter any terms of this Agreement, including the disclaimer of warranties. Except as otherwise provided above, Customer acknowledges and agrees that AcreHedge will have no obligation to provide Customer with any support or maintenance in connection with the Services.
Subject to this Agreement, AcreHedge hereby grants to Customer a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services in the manner permitted by the functions and features of the Site and Services during the term of Customer's Subscription. Upon termination of any Subscription, Customer's right to use the applicable portion of, or all of the Services, and to access the Site, will terminate immediately.
AcreHedge may (from time to time in its sole discretion) develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Services and the underlying software ("Updates"). Any Updates are licensed under, and governed by, this Agreement and are deemed part of the Services. AcreHedge is under no obligation to publish any Updates or otherwise modify the Services.
The rights granted to Customer in this Agreement are subject to the following restrictions: (a) Customer may not license, sell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit the Services; (b) Customer may not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) Customer may not access the Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services will be subject to the terms of this Agreement. All copyright and other proprietary notices on any Services content must be retained on all copies thereof.
AcreHedge reserves the right, at any time, to modify the Services or any part thereof with or without notice, which may include temporary suspensions of Services to implement any modification. Customer agrees that AcreHedge will not be liable for any modification or suspension of Services or any part thereof. To the extent Customer pre-paid for Services and provided that Customer is in full compliance with the Agreement, prior to discontinuing any material portion of the Services, AcreHedge will use reasonable efforts to provide Customer at least 14 days' notice of such discontinuance and, subject to AcreHedge's obligations under the terms of any Subscription, AcreHedge will not discontinue any material portion of the Services which would materially and adversely limit the type or scope of Services available to Customer under a current Subscription, unless (a) compelled or required by law, (b) AcreHedge believes it must discontinue the material portion of the Services in order to mitigate any potential legal or contractual liability, or (c) in connection with a sale of AcreHedge or substantially all the company's assets. Notwithstanding the foregoing, modifications and regular updates to the Site and Services that incidentally remove a feature of such modified or updated Services will not be deemed a discontinuance or breach of this Agreement.
Excluding Customer's User Content (defined below), Customer acknowledges that all the material and content available on the Site or through the Services, including all intellectual property rights, including copyrights, patents, trademarks, and trade secrets in such material or content are owned by AcreHedge (or AcreHedge's licensors). This material and content includes the underlying software, code, data, and the look and feel of the Site and each other portion of the Site and element of the Services. The provision of the Services does not transfer to Customer or any third party any rights, title or interest in or to such intellectual property rights. AcreHedge (or its licensors) reserve all rights not granted in this Agreement.
All trademarks, service marks, and logos displayed on the Site (the "Marks") are the property of AcreHedge or the property of other third parties. Customer is not permitted to use these Marks without AcreHedge's prior written consent or the consent of such third party which may own the Marks.
Use of the Services and maintenance of the Account by Customer requires the use of content and materials provided by Customer including information regarding Customer’s agronomic and farm management data, including information on Customer’s crops, acreage, costs, expenses, and other financial or business information (all such content and materials, the “User Content”). As between AcreHedge and Customer, Customer owns and retains all rights to, and is solely responsible for, its User Content. Customer assumes all risks associated with use of User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of User Content that makes Customer or any third party personally identifiable. Customer hereby grants AcreHedge the right and license to use Customer’s User Content in order to provide the Services, as well as to use aggregated and statistical data obtained through usage of the Services in order to improve the Services. User Content will not be shared or transferred to third parties without Customer’s consent, except that User Content may be shared with and transferred to (a) third-party contractors and service providers under confidentiality restrictions and subject to such contractor’s or service provider’s compliance with the terms of this this Agreement to enable AcreHedge to provide the Services; (b) to third parties in connection with a sale or transfer of all or a part of AcreHedge’s business or AcreHedge’s assets; or (c) other persons as necessary to comply with the law, any lawful request, or any legal process served on AcreHedge. Notwithstanding the foregoing, any right to data that is otherwise publicly available (e.g. prices published by third parties) is not governed by or restricted by this Agreement. Without unreasonable delay, and in accordance with applicable laws, AcreHedge will notify Customer of any breach or security event causing the unauthorized disclosure of Customer’s User Content.
AcreHedge is not obligated to backup any User Content. AcreHedge therefore recommends that Customer create backup copies of any Customer Content at Customer’s sole cost and expense. In the event of a loss of Customer Content caused by AcreHedge, AcreHedge will use commercially reasonable efforts to recover the Customer Content. AcreHedge reserves the right to withhold, remove and/or discard Customer Content, without notice, for any breach, including, without limitation, non-payment. If AcreHedge terminates this Agreement due to Customer’s breach of this Agreement, Customer’s right to access or use User Content will immediately cease, and AcreHedge will have no obligation to maintain or provide any Customer Content. Customer may use the functionality within its Account or make a request by email to members@acrehedge.com to download or obtain a portable copy of its User Content or to have all such User Content deleted from AcreHedge’s systems. AcreHedge may request additional information to verify the request. AcreHedge’s response will be by email or through Customer’s Account.
Customer hereby grants, and represents that it has the right to grant, to AcreHedge an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, modify, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use Customer's User Content, and to grant sublicenses of the foregoing, for the purposes of (a) providing Customer with the Services and (b) creating and using aggregated and anonymized data from User Content for analytical purposes and to improve the Services and for AcreHedge's other business purposes, including AcreHedge's development of additional features, services, and sales of other services or products. Customer provides blanket consent that allows aggregated and anonymized data from User Content to be shared with third parties. Customer may Opt-Out by completing a request form here.
AcreHedge may collect registration and other information about Customer, and/or their personnel through the Services, including “personally identifiable information” (e.g. name, email, phone number, address or other information that could potentially identify an individual). AcreHedge will not disclose personally identifiable information about Customers to a third party, except: (a) AcreHedge may disclose personally identifiable information to contractors under confidentiality obligations in order to provide Customer with the Services; (b) AcreHedge may share personally identifiable information in connection with a sale or transfer of all or a part of AcreHedge’s business or AcreHedge’s assets; or (c) AcreHedge may share personally identifiable information as necessary to (i) comply with the law, any lawful request, or any legal process served on AcreHedge, (ii) protect and defend the rights or property of AcreHedge and its employees, agents, users, and others, (iii) act in an emergency, including to protect someone’s safety, or (iv) investigate any violation or potential violation of the law or AcreHedge’s agreements, policies, or terms. Without unreasonable delay, and in accordance with applicable laws, including all applicable privacy laws, AcreHedge will notify Customer of any breach or other security event causing the unauthorized disclosure of Customer’s or its personnel’s personally identifiable information. AcreHedge requires all contractors that may have access to User Content to comply with its Terms of Use and Privacy Policy.
If Customer provides AcreHedge any feedback or suggestions regarding the Services ("Feedback"), Customer hereby assigns to AcreHedge all rights in the Feedback and agree that AcreHedge will have the right to use such Feedback and related information in any manner it deems appropriate. AcreHedge will treat any Feedback as non-confidential and non-proprietary. Customer agrees not to submit as Feedback any information or ideas that Customer considers to be confidential or proprietary.
Customer may not and represents and covenants that it will not:
(a) engage in any conduct related to or through the use of the Service that would be a violation of any applicable law, regulation, or obligations or restrictions imposed by any third party;
(b) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter any computer system or data;
(c) use any feature or functionality of the Services to send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
(d) harvest, collect, gather or use information or data regarding its users, without their consent;
(e) attempt to gain unauthorized access to the Services, other computer systems or networks connected to or used together with the Services, through password mining or other means;
(f) harass or interfere with, or attempt to restrict in any manner, another user's use and enjoyment of the Services;
(g) introduce software or automated agents or scripts to the Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Services;
(h) use the Services in a manner that would infringe upon any third-party's rights, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
(i) engage in any conduct in connection with the Services that is harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way;
This list is an example and is not intended to be complete or exhaustive. AcreHedge does not have an obligation to monitor Customer's use of the Services but reserves the right to do so for the purpose of operating the Services, to ensure Customer's compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. AcreHedge reserves the right, at any time and without prior notice, to remove or disable access to any content that AcreHedge considers, in our sole discretion, to be in violation of this Agreement or otherwise harmful to the Services.
Customer agrees to indemnify and hold AcreHedge (and its officers, directors, employees, and agents) harmless, including costs and attorneys' fees, from any claim or demand made by any third party related to or arising out of: (a) Customer's use of the Services; (b) Customer's User Content; (c) Customer's violation of this Agreement; or (d) Customer's violation of applicable laws or regulations. The forgoing will also apply to actions occurring through Customer's Account, whether or not Customer had knowledge of the actions. AcreHedge reserves the right, at Customer's expense, to assume the exclusive defense and control of any matter for which Customer is required to indemnify AcreHedge (or its officers, directors, employees, and agents) and Customer agrees to cooperate with AcreHedge's defense of these claims. Customer agrees not to settle any matter without the prior written consent of AcreHedge. AcreHedge will use reasonable efforts to notify Customer of any such claim, action or proceeding upon becoming aware of it.
THE SERVICES ARE PROVIDED "AS-IS" AND "AS AVAILABLE." ACREHEDGE EXPRESSLY DISCLAIMS (A) ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. ACREHEDGE MAKES NO WARRANTY THAT THE SERVICES: (A) WILL MEET CUSTOMER'S REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
IN NO EVENT WILL ACREHEDGE BE LIABLE TO CUSTOMER, OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR CUSTOMER'S USE OF, OR INABILITY TO USE, THE SERVICES, LOST CUSTOMER CONTENT, OR DATA RECOVERY COSTS. SUCH LIMITATIONS APPLY EVEN IF ACREHEDGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES ARE AT CUSTOMER'S OWN DISCRETION AND RISK, AND CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER'S COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ACREHEDGE'S LIABILITY TO CUSTOMER FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR THE SITE OR SERVICE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) ONE THOUSAND US DOLLARS (\$1,000) OR (B) AMOUNTS CUSTOMER PAID ACREHEDGE IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT INCREASE THIS LIMIT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO CUSTOMER AND CUSTOMER MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
This Agreement will remain in full force and effect while Customer uses the Services. AcreHedge may (a) suspend Customer's rights to use the Services, including any Subscription and access to the Account, and/or terminate this Agreement immediately upon Customer's breach of this Agreement , including for any use of the Services in violation of this Agreement or (b) upon at least 14 days' notice, terminate Agreement or provide notice of non-renewal of any Subscription at any time for any reason (provided Customer will be entitled to a pro rata refund of any pre-paid Subscription fees for any period post-termination, if applicable). Upon termination of this Agreement, Customer's Account and right to access and use the Services will terminate immediately. Customer understands that any termination of Customer's Account involves deletion of Customer's User Content. AcreHedge will not have any liability whatsoever for deletion of Customer Content upon any termination of this Agreement. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 3.4 – 11.
PLEASE READ THIS CAREFULLY. IT AFFECTS CUSTOMER'S RIGHTS.
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between Customer and AcreHedge and/or AcreHedge's employees, agents, successors, or assigns, regarding or relating to the Site, Services or this Agreement, will exclusively be settled through binding and confidential arbitration.
Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association ("AAA") or JAMS, as mutually determined by the parties (if the parties are unable to mutually agree on AAA or JAMS, AcreHedge will have sole authority to choose either AAA or JAMS. As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA's or JAMS's rules for commercial arbitration or, if the arbitrator deems them applicable, the procedures for consumer-related disputes. For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, Customer may visit the AAA website at http://www.adr.org. For more information on JAMS, it's Rules and Procedures, and how to file an arbitration claim, Customer may visit the JAMS website at http://www.jamsadr.com.
CUSTOMER IS GIVING UP CUSTOMER'S RIGHT TO GO TO COURT TO ASSERT OR DEFEND CUSTOMER'S RIGHTS EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT. CUSTOMER'S RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. CUSTOMER IS ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. ARBITRATOR DECISIONS ARE AS ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT.
The parties must abide by the following rules: (1) ANY CLAIMS BROUGHT BY EITHER PARTY MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) in the event that Customer is able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, AcreHedge will pay as much of Customer's filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (4) AcreHedge also reserves the right in AcreHedge's sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator will honor claims of privilege and privacy recognized at law; (6) the arbitrator's award will be final and may be enforced in any court of competent jurisdiction; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys' fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees' and litigation expenses, and then in such instance, the fees and costs awarded will be determined by the applicable law.
Notwithstanding the foregoing, either of the parties may bring an individual action in small claims court. Further, claims of infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret will not be subject to this arbitration agreement. Such claims will be exclusively brought in the state or federal courts located in Crawford County, Arkansas. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in King County, Washington in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within King County, Washington for such purpose. A request for interim measures will not be deemed a waiver of the right to arbitrate.
With the exception of subparts (1) and (2) in the paragraph 10.2 above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Agreement, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subparts (1) and (2) in the paragraph 11.2 (prohibiting arbitration on a class or collective basis) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision will be null and void, and neither of the parties will be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in state or federal court in Crawford County, Arkansas.
Notwithstanding any provision in this Agreement to the contrary, if AcreHedge seeks to terminate the Dispute Resolution section as included in the Agreement, any such termination will not be effective until 30 days after the version of the Agreement not containing the agreement to arbitrate is posted to the Site, and will not be effective as to any claim of which Customer provided AcreHedge with written notice prior to the date of termination.
Any and all disputes, demands, claims, or causes of action between Customer and AcreHedge's employees, agents, successors, or assigns, regarding or relating to these the Site, Services or this Agreement, will be exclusively be governed by the internal laws of the State of Arkansas, without regard to its choice of law rules and without regard to conflicts of laws principles, except that the arbitration provision will be governed by the Federal Arbitration Act.
This Agreement is subject to occasional revision, and if AcreHedge makes any substantial changes, AcreHedge may notify Customer by sending an email to the last email address provided by Customer and/or by prominently posting notice of the changes on the Site or to Customer's Account. For any current Subscriptions, any changes to this Agreement will be effective upon renewal of the Subscription, provided that AcreHedge will provide Customer at least 14 calendar days' email notice to Customer of changes to this Agreement with a link to the changes on the Site. These changes will be effective immediately for users of the Services who have not purchased a Subscription. Customer is responsible for providing its most current email address. In the event that the last email address that Customer has provided is not valid, or for any reason is not capable of delivering to Customer the notice described above, AcreHedge's dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of the Services following notice of such changes will indicate Customer's acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
This Agreement constitutes the entire agreement between Customer and AcreHedge regarding the use of the Services. AcreHedge's failure to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. AcreHedge is an independent contractor and service provider to Customer, and neither party is an agent or partner of the other.
This Agreement, and Customer's rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by Customer without AcreHedge's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement will be binding upon assignees. Notwithstanding the foregoing, AcreHedge may assign this Agreement without the other party's prior written consent as part of a sale of the company, a merger, or a sale or transfer of all or substantially all of its assets, or any business division covering substantially all of the Services. This Agreement will be binding upon, enforceable by, and inure to the benefit of the parties and their respective and permitted assignees.
The communications between Customer and AcreHedge use electronic means, including email, any live chat feature or messaging on the Site, and or posting and notifications to the Account. For contractual purposes, Customer (a) consents to receive communications from AcreHedge in electronic form and (b) agrees that all terms and conditions, agreements, notices, disclosures, and other communications that AcreHedge provides to Customer electronically satisfies any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect Customer's non-waivable rights.
Contact Information:
AcreHedge, Inc.