Terms of Service

Below please find our Terms of Service and Privacy Policy. These Terms of Service combined with the below policies and Privacy Policy are the sole terms that apply to your use of our website (together “Terms of Service” or “Terms”). By accessing our website, registering as users, or otherwise using or engaging the Private Acre Platform you agree to be bound by these Terms of Service including our LIMITATION OF LIABILITY and ARBITRATION CLAUSE (“User”).

How the Service Works

The PrivateAcre Platform is an online marketplace for private property owners to create public and private property listings (the “Owners”). As a User you are renting exclusively from private Owners through the PrivateAcre Platform (the “PrivateAcre Platform”). Please note that PrivateAcre does not rent, lease, own, or otherwise provide use of properties. Subject to the Terms of Service set forth below Users and Owners may agree to whatever additional (but lawful) terms and conditions that they so desire, including background checks, property restrictions, and use restrictions. In no case whatsoever does PrivateAcre become party to any rental agreements transacted through our PrivateAcre Platform.

Property Listings and Owner Services

Owners may create public or private Property Listings by completing the User registration process then completing property listing forms including any required information to make the Property Listing(“Property Listing”). Owners may also offer or sometimes require additional services such as guided experiences, vehicle and boat rentals, equipment rentals and sales, or other services and enhanced experiences, these service become part of the Property Listing. Property Listings are viewable to the public, private listings are viewable to Users with the private listing link. Owners acknowledge their Property Listings and Owner Services are contracted exclusively between the User and Owner. PrivateAcre is not responsible for nor a party to any offerings such as these or other types of Owner Services, whether optional or required, and therefore disclaims any and all liability and warranties for such offerings. Owners are required to verify and warranty that the Property Listing is in compliance with all local laws and regulations.

Payment

Users authorize PrivateAcre to retain payment information for the purpose of charging their payment method.

Background Checks

Because the safe enjoyment of outdoor life is a core value at PrivateAcre we will soon offer background reports as a service to Owners. Owners may require background check reports to confirm User reservations. If provided, background check reports are not warranted for accuracy but provided for informational purposes only and are not intended as complete personal histories. Owners rent their properties at their own risk and may reject any application for lawful concerns related to any User request for rental reservations.

Owner Insurance

PrivateAcre is not an insurer. As part of our service when enjoying paid reservations made on PrivateAcre’s Platform PrivateAcre provides Owners third party insurance coverage in the amount of One Million Dollars ($1,000,000) per Owner for each rental engagement subject to restrictions and limitations. This insurance policy is subject to the PrivateAcre Terms of Service as set forth below. Copies of the User insurance policy may be requested by emailing help@privateacre.com. Users rent properties at their own risk.

Compliance Local Laws and Regulations Disclaimed

Users are required to maintain the proper licensing for their use of properties at all times while renting properties. Licensing such as hunting or fishing licenses are examples of required licensing. Owners and Users are solely and completely responsible for compliance with all national, state, and, local laws governing the use and rental of property and further represent to PrivateAcre that they are in compliance with those applicable laws and regulations. PrivateAcre make no representations or warranties that by accepting property listings or completing transactions that your rental agreement is lawful. Licensing such as hunting licenses or fishing licenses, registration, insurance, and other regulations may apply. The unlawful renting or use of property may result in fines and other law enforcement actions.

Terms of Service (Reprinted in Legalese)

THIS TERMS OF SERVICE AGREEMENT (“Terms”) is made between Private Acre, LLC (“PrivateAcre” or “Company”) and any person (“User” or Users who are also “Owners”) accessing the PrivateAcre platform, registered as a PrivateAcre User, or otherwise engaging the PrivateAcre Platform (referred to as the “Service” or “Platform”). Company and User are collectively referred to as the “parties.”

ACKNOWLEDGEMENT “BY CLICKING THE ACCEPTANCE BUTTON OR ACCESSING, USING OR INSTALLING ANY PART OF THE SERVICE, USER EXPRESSLY AGREES TO AND CONSENTS TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF USER DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE BUTTON INDICATING NON-ACCEPTANCE MUST BE SELECTED, USER WILL PROMPTLY CEASE USE OF THE PRIVATE ACRE PLATFORM AND USER MAY NOT ACCESS, USE OR INSTALL ANY PART OF THE REGISTERED USER SERVICES.”

Service

a.      Platform. PrivateAcre provides an online marketplace where private property owners may list rental properties and Users may select, reserve, and pay for said properties. This “Platform” or “PrivateAcre Platform” is proprietary to PrivateAcre and is protected by intellectual property laws and international intellectual property treaties. User’s access to the Platform is licensed and not sold. Subject to the timely payment of all Fees and the terms and limitations set forth in this Agreement, PrivateAcre agrees to provide User with a personal, non-transferable and non-exclusive account enabling User to access and use the Platform.

b.      Equipment. User shall be solely responsible for providing, maintaining and ensuring compatibility with the Platform, all hardware, software, electrical and other physical requirements for User’s use of the Platform, including, without limitation, telecommunications and internet access connections and links, web browsers or other equipment, programs and services required to access and use the Platform.

c.      Accessibility. User agrees that from time to time the Service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Company may undertake from time to time; or (iii) causes beyond the control of Company or which are not reasonably foreseeable by Company.

d.      Payments. User agrees to abide by the stated Payment Terms including all taxes and fees any time they, list properties, post offerings, make reservations, rent, or otherwise transact or make any transactions on the Service; and furthermore agree to indemnify PrivateAcre against any losses or other liabilities as defined in the Indemnification Section of this Agreement.

f.      Users & Owners. For the purpose of this agreement all persons using this Service are considered Users and some Users may also be designated Owners.

II.      Limitations

a.      Security. User shall be solely responsible for the security, confidentiality and integrity of all messages and the content that User receives, transmits through or stores on the Platform. User shall be solely responsible for any authorized or unauthorized access to User’s account by any person. User agrees to bear all responsibility for the confidentiality of User’s password and all use or charges incurred from use of the Platform with User’s password.

b.      Privacy. Whenever reasonably practicable, Company will attempt to respect User’s privacy. Company will not monitor, edit, or disclose any personal information about User, without User’s prior consent unless Company has a good faith belief that such action is necessary to: (i) comply with legal process or other legal requirements of any governmental authority; (ii) protect and defend the rights or property of Company; (iii) enforce this Agreement; (iv) protect the interests of users of the Platform other than User or any other person; (v) provide information to Owners; or (vi) operate or conduct maintenance and repair of Company’s Platform or equipment, including the Platform as authorized by law. User has no expectation of privacy with respect to the Internet generally or Content published on the Platform. User’s IP address is transmitted and may be recorded with each message User sends from the Platform. Company does provide certain non-personally indentifiable information relating to User to third persons such as companies, advertisers and sponsors. Personal information includes any information not publically available via the Platform but specifically excludes any Content published on the Service including all published content, listings, and User profile information as defined in the “Platform” section of this Agreement.


Service

These Terms of Service apply to all Users of the Service, including Users who are also contributors and viewers of Content on the Service and those Users who are property owners or service providers. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of Private Acre, including but not limited to all products, software and services offered via the PrivateAcre website.

The Service may contain links to third party websites that are not owned or controlled by PrivateAcre. PrivateAcre has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, PrivateAcre has no ability to and will not censor or edit the content of any third-party site. By using the Service, you expressly relieve PrivateAcre from any and all liability arising from your use of any third-party website.

PrivateAcre may charge posted service fees and taxes to Users and Owners for services provided. Service fees are non-refundable.

Owners

Owners are responsible for providing accurate listing information including any pictures, videos, descriptions, or fees. Owners must honor listing fees and may not charge additional fees to Users after reservations are confirmed. In the future Owners may charge deposits and the amount of deposit will be clearly stated on the listing.

Owners agree that if PrivateAcre determines in its sole discretion that a partial or full refund is due to a User that Owner will refund that amount to either PrivateAcre for distribution to the User.

By confirming User reservation requests Owners are entering into a binding agreement directly with that User and agree to pay any reservation, use or payment processing fees and taxes due. Owners may require additional terms or conditions but in no event may those separate terms or conditions conflict with PrivateAcre’s Terms and Conditions.

Owners are strongly encouraged to purchase insurance for the third party use of their listed property. Owners agree to the INDEMNIFICATION provision below and that PrivateAcre makes no guarantee of insurance coverage from Users or provided by PrivateAcre. Insurance coverage policies should be reviewed carefully to determine what coverages are available and if additional coverage is required.

Owners agree that by listing their properties, services, or other events on the Platform that they are not in any way ‘employees’ of PrivateAcre but instead third party independent contractors acting exclusively on their own behalf.

Owners agree to PrivateAcre’s non-discrimination policy and shall not to discriminate against any User or User guest based on race, gender, age, religious beliefs, nationality, or otherwise. Owners alone are responsible for compliance with local, state, and national laws, regulations, and governance. Private Acre makes no representation that by using the Platform Owners comply with any law for regulation governing the use of their property.


Users

Users must be 18 years of age to register on or use the PrivateAcre Platform. User’s are solely responsible for any accompanying minors and must notify the property Owner in advance.

Users access to view and reserve PrivateAcre listings is governed by these Terms and Conditions in addition to the terms of individual listings including reservation restrictions and requirements such as deposits, background checks, insurance, and landowner contracts.

Users should carefully review all listing details including fees, taxes, property condition, accommodations, owner rules and use restrictions, check-in and check-out times, and other listing details confirming the property will serve the purpose they desire.

Reservation confirmations are subject to Users fulfilling all listing requirements including the possibility of background checks, required insurance coverage, required licenses, and submission to any additional listed terms. Reservations are also contingent on full payment of any and all fees, deposits, taxes, and other costs which must be paid through the PrivateAcre Platform.

Cancellations made up to 60 days before the reservation date receive full refunds; cancellations made between 59 days and 16 days before the reservation date are subject to a 50% cancellation fee; and cancellations made 15 days or less before the reservation date are subject to a 100% cancellation fee. Landowner cancellations result in 100% refund to guests. Once a reservation is confirmed, we hope to avoid cancellations as guests finalize their plans.

Landowner cancellations result in 100% refund to renters; Landowner cancellations within 30 days of the reservation date are subject to full renter refunds and a fee of $100 or the full listing fee whichever is less which is credited to the renter for their next PrivateAcre reservation. Extended stays past the agreed rental term are subject to fees up to 200% of the daily rental rate. Properties must be returned in the same condition as rented or Users are subject to additional fees for damages and retention of deposits.


Content

You understand and agree that Private Acre does not guarantee any confidentiality with respect to any Content you submit. Public listings are available for public viewing. Private listings are available for Owners to send but may be accessed by any person receiving that private listing link.

You are solely responsible for your own Content and the consequences of submitting and publishing Content on the Platform. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Submitted content is licensed to PrivateAcre for any use including all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.

You retain all of your ownership rights in your Content. However, by submitting Content to Private Acre, you hereby grant Private Acre a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service(and its successors' and affiliates') including without limitation for promoting and redistributing part or all of the Content (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in user comments you submit are perpetual and irrevocable.

You further agree that Content you submit to the Platform will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant PrivateAcre all of the license rights granted herein.

You further agree that you will not submit to the Platform any Content or other material that is contrary to the PrivateAcre Privacy Policy, currently found at PRIVACY POLICY, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.

PrivateAcre does not endorse any Content submitted to the Platform by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and PrivateAcre expressly disclaims any and all liability in connection with Content. PrivateAcre does not permit copyright infringing activities and infringement of intellectual property rights on the Platform, and PrivateAcre will remove all Content if properly notified that such Content infringes on another's intellectual property rights. This includes Digital Millennium Copyright Act (‘DMCA’) notices. Private Acre reserves the right to remove Content without prior notice.


Prohibited Uses

User is solely responsible for any and all acts and omissions that occur under User’s account or password, and User agrees not to engage in unacceptable use of the Platform, which includes, without limitation, use of the Platform to: (a) disseminate, store or transmit unsolicited messages, chain letters or unsolicited commercial email; (b) disseminate or transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (c) disseminate, store or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (d) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (f) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Platform or any other computer network; (g) disseminate, store or transmit viruses, trojan horses or any other malicious code or program; (h) violate federal, or state, anti-discrimination laws including The Civil Rights Act of 1964 (Title VII), The Age Discrimination in Employment Act of 1967 (ADEA), Titles I and V of the Americans with Disabilities Act of 1990 (ADA) or any other EEOC guidelines; (i) communications intended to circumvent PrivateAcre payment requirements; or (j) engage in any other activity deemed by the Company to be in conflict with the spirit or intent of this Agreement.

Anti-Discrimination

PrivateAcre reserves the right to immediately suspend any User or Owner account, listing, or other content published or used that is deemed discriminatory or is in violation of any federal, state, or local anti-discrimination laws including anti-terrorism laws and Office of Foreign Assets Control (OFAC).

Disclaimer Warranties

THE PLATFORM IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE PLATFORM IS AT USER’S SOLE RISK. COMPANY DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES COMPANY MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE PLATFORM. COMPANY MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE PLATFORM.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE PLATFORM OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, USER’S USE OR INABILITY TO USE THE PLATFORM, ANY CHANGES TO OR INACCESSIBILITY OF THE PLATFORM, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE PLATFORM, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE PLATFORM, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY FOR DIRECT DAMAGES EXCEED THE TOTAL FEES PAID BY USER TO COMPANY HEREUNDER. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO USER. IF USER IS DISSATISFIED WITH THE PLATFORM, USER’S SOLE AND EXCLUSIVE REMEDY SHALL BE FOR USER TO DISCONTINUE USE OF THE PLATFORM AND TERMINATE THIS AGREEMENT.

Indemnification

User agrees to release, defend, indemnify, and hold harmless Company, its shareholders, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person, arising out of or relating to: (a) this Agreement; (b) User’s use of the Platform, including any data or work transmitted or received by User; (c) damage to property, (d) death or injury resulting from use of this Platform; (d) any unacceptable use of the Platform, including, without limitation, any statement, data or content made, transmitted or republished by User which is prohibited as unacceptable; (e) your breach of these terms, law, or user rights; and (f) use of Owner properties or services or participation in Owner events or experiences.

Arbitration

User and Private Acre agree that any controversy or claim arising out of or relating to this Terms of Service (including use of the Platform or Owner provided reservations and services), or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be three. The place of arbitration shall be Chicago, Illinois. Illinois law shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Miscellaneous

Independent Contractors. The parties and their respective personnel, are and shall be independent contractors and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.

Acknowledgment of this “Click-wrap” User Agreement. User acknowledges that the terms and conditions of this Platform were prominently displayed and the User was afforded an opportunity to review those terms and conditions prior to clicking “agree”, registering as a User, or continuing use of the Platform; and that by clicking “agree” he or she has read and fully ascents to those terms and conditions of this user Agreement.

Modification of Terms. Private Acre reserves to revise or change these terms at any time but will provide notice through positing “Last Updated” date on the website and emailing registered Users 30 days before the update terms take effect. Users may cancel their registration with Private Acre at any time.

Governing Law. This Agreement shall be governed by, and construed under, the laws of the State of Illinois.

Entire Agreement. This Agreement shall constitute the entire agreement between PrivateAcre and User.




Privacy Policy

Overview

As part of the registration, reservation, and payment and general use of the Private Acre Platform, PrivateAcre collects personal information about Users, including personally identifiable information. This Privacy Policy is intended to explain to our Users what information we collect and what we do with that information. Our goal is to ensure our users enjoy a safe, enjoyable and secure user experience.

Protecting your personally identifiable information and property is our highest priority. PrivateAcre does not sell, rent, or otherwise provide personally identifiable information to other third parties without your consent, except when providing personally identifiable information:

is necessary to carry out your instructions (for example processing payment information or providing rental information including background checks); or

complies with any applicable laws, regulations or enforceable government requests; or

enforces PrivateAcre’s Terms and Conditions; or

is necessary to investigate security threats, or the fraudulent, or malicious, use of PrivateAcre; or

protects user’s privacy or user’s property; or

verifies website functionality.
PrivateAcre always welcomes user feedback about how we can improve your experience. Contact us at Help@PrivateAcre.com.

Your Personal Information and Property

Your Personally Identifiable Information includes, but is not limited to, your registration information such as your first and last name, address, birthday, password, and email address.

Your Public Information is the information you choose to share with others including information or data such as Registration Information, photos, reviews, and user generated activity.

Your Private Information are any settings whereby the information you choose may remain private from any other users or companies.

Your Shared Information. Users are permitted to share information for public consumption. Users may choose to upload and share information not required for registration. Examples include videos or photos of your property, descriptions of your property or services, or public profile information.

Information Shared About You. Other users may express opinions about you, your property, and information shared via Third Party websites.

Information We Receive About You. We receive information about User activity including:

We receive data about you whenever you interact with Private Acre, such as when you look at properties, services, message other users, search for rental dates, or when you click on an ad.

When you post videos, photos or comments, we may receive additional related data (or metadata), such as the time, date, and place you created the photo or video.

We receive data from the computer, mobile phone or other device you access the Private Acre Platform. This may include your cookies, IP address, location, the type of browser you use, or the pages you visit.

We receive data whenever you visit a website associated with Private Acre. This may include the date and time you visit the site; the web address, or URL, you're on; technical information about the IP address, browser and the operating system you use.

Sometimes we get data from our advertising partners, customers and other third parties that helps us (or them) deliver ads, understand online activity, and generally make Private Acre better. For example, an advertiser may tell us how you responded to an ad on Private Acre or on another site in order to measure the effectiveness of, and improve the quality of, those ads.


How Private Acre Uses Your Information

Payments & Reservations

We may provide certain Personally Identifiable Information to third party payment services for the process of processing your payments. We may also provide certain Personally Identifiable Information to other Users such as Owners when you authorize background checks or request reservations.

Advertising

We only provide data to our advertising partners after we have removed your name or any other personally identifiable information, or have combined it with other people's data in a way that it is no longer associated with you. Similarly, we may receive data about you from our advertising partners or customers.

Closing Your Account
Deleting your Account. You can delete your account by contacting our customer service at help@PrivateAcre.com. However, Private Acre reserves the right to retain your account information indefinitely and may delay closing the account until all transactions are complete.

If you choose to close your Private Acre account, we will remove your name and other Personally Identifiable Information from our publicly viewable database. If you close your account, we have no obligation to retain your information, and may delete any or all of your account information without liability. However, we may retain certain data contributed by you if Private Acre believes it may be necessary to prevent fraud or future abuse, for the safety of our Users, or for legitimate business purposes, such as analysis of aggregated, non-personally identifiable data, account recovery, or if required by law. Private Acre may also retain and use your information if necessary to provide the Services to other Users. For example, just as an email you may send to another person through an email service provider resides in that person’s inbox even after you delete it from your sent files or close your account, messages may remain visible to others after you have closed your account. Similarly, other information you have shared with others, or that other users have copied, may also remain visible. Private Acre disclaims any liability in relation to the deletion or retention (subject to the terms herein) of information or any obligation not to delete the information. Private Acre does not control when search engines update their cache, which may contain certain public profile information that has since been removed from Private Acre’s publicly viewable database.

Compliance with Law

It is possible that we may need to disclose personal information, profile information and/or information about your activities as a Private Acre User when required by subpoena or other legal process, or if Private Acre has a good faith belief that disclosure is necessary to (a) investigate, prevent or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (b) to enforce the User Agreement, to investigate and defend ourselves against any third party claims or allegations, or to protect the security or integrity of our site; and/or (c) to exercise or protect the rights, property or personal safety of Private Acre, our Users, Owners, employees, or others.

Users Under the Age of 18 Prohibited

We do not allow users under the age of 18 to use Private Acre. We do not knowingly solicit, encourage or allow any users under the age of 18 to register on Private Acre. If you are a parent and suspect your child is using PrivateAcre please contact us at help@PrivateAcre.com.

Changes in our Privacy Policy

Private Acre reserves the right to change this Privacy Policy at will and without notice. Please check regularly for changes or updates. However, changes in the Private Acre Privacy Policy will never reduce the following user protections:
Protection of user’s personally identifiable information; or

Protection of user’s property rights.

For questions about Private Acre’s Privacy Policy email us at help@PrivateAcre.com.

This Privacy Policy was last updated on November 1, 2017.