Terms and Conditions
Effective Date: February, 3 2022
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT LIMITATIONS OF LIABILITY AND RESOLUTION OF DISPUTES THROUGH ARBITRATION RATHER THAN COURT. THE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND CAMOAG. YOU ARE NOT AUTHORIZED TO USE THE SITES AND THE SERVICES UNLESS YOU ARE AT LEAST 18 YEARS OF AGE AND ABLE TO ENTER INTO LEGALLY BINDING CONTRACTS. WE DO NOT KNOWINGLY COLLECT THE INFORMATION OF ANYONE UNDER THE AGE OF 18. IF YOU ARRIVED ON THIS SITE AFTER HAVING BEEN REDIRECTED OR OTHERWISE CLICKING ON ANOTHER WEBSITE, YOU AGREE THAT THESE TERMS SHALL GOVERN YOUR USE OF THIS SITE.
READ THESE TERMS CAREFULLY BEFORE BROWSING THIS SITE. USING THIS SITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS SITE IF YOU DO NOT ACCEPT THESE TERMS. NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH US. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
Scope of Services
Our Services include, without limitation, a proprietary software-as-a-service offering, accessible through the internet, that is designed to offer information and services to parties that own, manage, invest in, offer services related to, or are otherwise involved or interested in farmland, collectively, landowners, potential tenants, tenants, farmland investors, appraisers, managers, analysts, real estate agents, auctioneers, agricultural retailers, financial officers, and all other users of the Site or Services are referred to in the Terms as (“Authorized Users”) Our Services also offer access to data for the purpose of evaluating farms, creating reports, identifying farm ownership, identifying parcel boundaries, evaluating borrowers, and other uses.
Limited License to Use the Sites and Services.
Authorized Users are granted a limited, revocable, non-exclusive, non-transferrable, non-sublicensable license to access the Services provided on the Sites solely for the purpose the purposes clearly stated on a Site, all in accordance with these Terms. Any use of the Sites or Services that is not for one of these purposes or otherwise in accordance with these Terms or as otherwise authorized by us in writing is expressly prohibited.
Unauthorized Uses of the Sites and Services.
The license to use the Sites and Services only extends to the uses expressly described herein. The license to use the Sites and Services granted to users in these Terms does not include any right of collection, aggregation, copying, scraping, duplication, display or any derivative use of the Sites or Services nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines that use tools to gather information for the sole purpose of displaying hyperlinks to the Sites, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engines” do not include a website or search engine or other service that provides classified listings or property rental advertisements, or any subset of the same or which is in the business of providing property rental services or other services that compete with us. Unauthorized uses of the Sites and Services also include, without limitation, those listed below. You agree not to do any of the following, unless otherwise previously and specifically agreed to by us:
Copy, reproduce, upload, post, display, republish, distribute or transmit any part of the content in any form whatsoever;
Reproduce any portion of the Sites or the Services on your website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Sites or the Services, or mirror or replicate any portion of the Sites or the Services;
Modify, translate into any language or computer language or create derivative works from, any content or any part of the Sites or the Services;
Reverse engineer any part of the Sites or the Services;
Sell, offer for sale, transfer or license any portion of the Sites or the Services in any form to any third parties;
Use the Sites or the Services other than to advertise and/or research rentals, advertise and/or research purchases, research farmland, manage farmland and data, to make legitimate inquiries to our Authorized Users or any other use expressly authorized on the Site;
Use the Sites or Services to post or transmit information that is in any way false, fraudulent, or misleading, including making any commitment or inquiry under false pretenses, or taking any action that may be considered phishing or that would give rise to criminal or civil liability;
Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;
Violate, plagiarize or infringe the rights of us or third parties including, without limitation, copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other intellectual or proprietary rights;
promote any illegal activity, or advocate, promote or assist any unlawful act;
violate any applicable law;
cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
impersonate any person, or misrepresent affiliation with any person or organization;
involve fraudulent products, services, schemes, or promotions such as contests, sweepstakes and other sales promotions, barter or advertising;
give the impression that they emanate from or are endorsed by CamoAg or any other person or entity, if this is not the case;
actually (or attempt to), directly or indirectly: (i) induce, influence, encourage, or solicit any individual or entity to alter, terminate, or breach its contractual or other business relationship with CamoAg;
use or access the Sites or Services in any way that, in our sole discretion, adversely affects, or could adversely affect, the performance or function of the Sites or Services or any other system used by us or the Sites or Services.
You agree that your violation of any term or condition of this use restrictions are deemed a material breach of these Terms and, without limiting CamoAg’ s remedies elsewhere under these Terms or at law, CamoAg has the right to immediately terminate your access to the Sites and Services. Further, in the event that you actually (or attempt to), directly or indirectly: (i) induce, influence, encourage, or solicit any individual or entity to alter, terminate, or breach its contractual or other business relationship with CamoAg.
Suspension or Termination of Services.
CamoAg may suspend, terminate or otherwise deny your, any Authorized User’s or any other person’s access to or use of all or any part of the Services or CamoAg Materials, without incurring any resulting obligation or liability, if: (a) CamoAg receives a judicial or other governmental demand or order, subpoena or law enforcement request that expressly or by reasonable implication requires CamoAg to do so; or (b) CamoAg believes, in its good faith and reasonable discretion, that: (i) your or any Authorized User has failed to comply with, any term of these Terms, or accessed or used the Services beyond the scope of the rights granted or for a purpose not authorized under these Terms; or (ii) Customer or any Authorized User is, has been, or is likely to be involved in any fraudulent, misleading or unlawful activities. This Section does not limit any of CamoAg’s other rights or remedies, whether at law, in equity or under these Terms.
Proprietary Rights and Downloading of Information from the Site.
“CamoAg Materials” means the Services, and any and all other information, data, documents, materials, works and other content, devices, methods, processes, hardware, software and other technologies and inventions, including any deliverables, technical or functional descriptions, requirements, plans or reports, that are provided or used by CamoAg or any of their subcontractors in connection with the Services or otherwise comprise or relate to the Services. For the avoidance of doubt, CamoAg Materials include Resultant Data and any information, data or other content derived from CamoAg’s monitoring of your’s access to or use of the Services, but do not include Your Data.
“Process” means to take any action or perform any operation or set of operations that the Services are capable of taking or performing on any data, information or other content, including to collect, receive, input, upload, download, record, reproduce, store, organize, compile, combine, log, catalog, cross-reference, manage, maintain, copy, adapt, alter, translate or make other derivative works or improvements, process, retrieve, output, consult, use, perform, display, disseminate, transmit, submit, post, transfer, disclose or otherwise provide or make available, or block, erase or destroy. “Processing” and “Processed” have correlative meanings.
“Public Data” means data provided through the Services sourced from government databases or other public sources of information.
“Resultant Data” means information, data and other content that is derived by or through the Services from Processing Your Data and is sufficiently different from such Your Data that such Your Data cannot be reverse engineered or otherwise identified from the inspection, analysis or further Processing of such information, data or content.
“Third Party Materials” means materials and information, in any form or medium, including any open-source or other software, documents, data, content, specifications, products, equipment or components of or relating to the Services that are not proprietary to CamoAg, including Public Data.
“Your Data” means, other than Resultant Data or Public Data, information, data and other content, in any form or medium, that is collected, downloaded or otherwise received, directly or indirectly from Your or an Authorized User by or through the Services or that incorporates or is derived from the Processing of such information, data or content by or through the Services. Your Data includes any Your annotations or notes made in relation to Public Data, but not the Public Data itself
All right, title and interest in and to the Services and CamoAg Materials, including all intellectual property rights therein, are and will remain with CamoAg and the respective rights holders in the Third-Party Materials. You have no right, license or authorization with respect to any of the Services or CamoAg Materials (including Third-Party Materials) except as expressly set forth in in these Terms or the applicable third-party license. All other rights in and to the Services and CamoAg Materials (including Third-Party Materials) are expressly reserved by CamoAg and the respective third-party licensors. In furtherance of the foregoing, you hereby unconditionally and irrevocably grants to CamoAg an assignment of all right, title and interest in and to the Resultant Data, including all intellectual property rights relating thereto.
As between you and CamoAg, you are and will remain the sole and exclusive owner of all right, title and interest in and to all Your Data. You hereby irrevocably grant all such rights and permissions in or relating to Your Data: (a) to CamoAg and its subcontractors as are necessary or useful to perform the Services for you; and (b) to CamoAg as are necessary or useful to enforce these Terms and exercise its rights and perform its duties hereunder.
Notwithstanding any provision in these Terms to the contrary, CamoAg may use, develop and implement any information, suggestions, comments or other feedback provided by you or any of your Authorized Users (collectively, “Feedback”) in connection with the development, operation, marketing and sale of the Services, in its discretion and with no compensation to any person providing Feedback. CamoAg shall own all right, title, and interest in and to all Feedback (including all intellectual property rights therein).
Notwithstanding any other provision in the Agreement to the contrary, CamoAg may collect, analyze, and anonymize data, statistics or other information relating to you obtained through the provision, use, and performance of the Services (collectively, “Analytics”), and aggregate such Analytics with data, statistics or other information obtained from other sources, and may use such Analytics for lawful business purposes, including improvement of the Services; as long as in doing so, CamoAg does not identify (i) you, or (ii) an Authorized User. CamoAg owns (and shall retain) all right, title and interest in and to all Analytics (including all intellectual property rights therein), and no compensation will be paid by CamoAg to you or person or entity with respect to its use of Analytics.
If you are aware of, or experience, any content, activity or communication through or in connection with the Sites or Services that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms, we ask that you please inform us by contacting us as set forth under “Contact Us,” below.
CamoAg Aggregate and De-Identified Information Policy
“Aggregated Information” is a combination of information from multiple sources that helps determine trends, benchmarks, summary metrics, predictive algorithms or other data sets. We may create Aggregated Information from information that other customers choose to share with us, along with your information and information that we generate or obtain from others. Aggregated Information may include data about your farming operation, combined with data about other farming operations. Aggregated Information will not identify an individual.
“De-Identified Information” is data that has been modified such that it does not identify an individual.
We collect, use and share Aggregated Information or De-Identified Information as we determine from time to time in our sole discretion, which may include, without limitation, the following purposes:
For research and development purposes, such as to improve agronomic or scientific knowledge, develop and improve our products and services, assess and compare product performance, or analyze customer behaviors and market trends.
For our internal efforts to operate and improve our business, such as improving the quality of our products and services, forecasting, modeling, benchmarking and identifying ways we can operate more efficiently or expand our business.
We may keep Aggregated Information or De-Identified Information indefinitely and share it with third parties for their own use and benefit.
Authorized User verification on the Internet is difficult and we cannot, and do not assume any responsibility for, the confirmation of each user’s purported identity. We encourage you to communicate directly with an Authorized User through the tools available on the Site, though even this does not assure you of the identity of the person with which you are communicating.
You agree to (i) keep your password and online ID for both your account with us and your email account secure and strictly confidential, providing it only to authorized users of your accounts, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if you believe your password for either your account with us or your email account may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. Further, if we suspect any unauthorized access to your account, upon our request, you agree to promptly change your ID and password and take any other related action as we may reasonably request.
We discourage you from giving anyone access to your online ID and password for your account with us and your email account. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account with us and/or your email account, even those transactions that are fraudulent or that you did not intend or want performed.
EACH USER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER CAMOAG NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER’S ID OR PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD FOR YOUR CAMOAG ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH CAMOAG AND OTHER USERS.
Further, we may, without notice to you, suspend or cancel your use of the Site at any time even without receiving notice from you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner.
Limitations on Communications and Use of Other Authorized Users’ Information; No Spam.
You agree that, with respect to other Authorized Users’ personal information that you obtain directly or indirectly from or through the Site or through any Site-related communication, transaction or software, we have granted to you a license to use such information only for: (i) Site-related communications that are not unsolicited commercial messages, (ii) using Services offered through the Site, and (iii) inquiring about or otherwise facilitating a financial transaction between you and the other Authorized User related to the purpose of the Site and through the Site. Any other purpose will require express permission from the Authorized User. You may not use any such information for any unlawful purpose or with any unlawful intent.
In all cases, you must give Authorized Users an opportunity to remove their information from your address book or database or other records and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, may you disclose personal information about another Authorized User to any third party without the consent of the other Authorized User. You agree that other Authorized Users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other Authorized Users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss or unauthorized transfer of such information.
We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a Site Authorized User without the Authorized User’s express consent. You may not use any tool or service on the Site to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms.
Authorized User-contributed content; Participation in Interactive Forums.
We have no duty to pre-screen content posted on the Site by Authorized Users, whether directly contributed by the user or contributed by us or a third party on behalf of the user (including, without limitation, participation in an interactive community, forum or blog (each an “Interactive Forum”) or any other content provided by a Authorized User to the Site), (collectively, “user-contributed content”). We are not responsible for user-contributed content. Authorized User-contributed content also includes information that an Authorized User or any other person provided to a third party website or mobile application that is then provided to our Site by a tool we offer or any other exchange of user-contributed content we have authorized.
At a minimum, user-contributed content must (as determined by us in our discretion):
not infringe anyone’s rights, including but limited to copyright and rights of publicity and privacy, violate the law or otherwise be inappropriate;
not include personal information of another that can be used to identify or contact any person;
not include unsolicited promotional content, advertising, political campaigns, contests, raffles or solicitations;
be directly related to the Site, business service, product or forum where the content is submitted;
not be obscene, abusive, discriminatory or illegal; and
not be false or misleading.
All user-contributed content is the sole responsibility of the user who contributed such content, whether such user contributed the content directly or through a third-party website. Authorized Users are solely responsible for their user-contributed content and we specifically disclaim all liability for user-contributed content. The user represents and warrants that the user owns or otherwise controls and has all necessary legal rights to the user’s submission and the name or other identifier used in connection with such submission including, but not limited to, all the rights necessary to provide, post, upload, input or submit the user-contributed content. We reserve the right to request a proof of ownership or permission, and to refuse to post user generated content without such proof or if such proof is, in our sole discretion, insufficient.
By submitting or authorizing user-contributed content, you grant to us and our affiliates an unfettered, perpetual, worldwide, irrevocable, unrestricted, non-exclusive, sub-licensable, transferrable, royalty-free and fully paid-up right and license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise commercially exploit the copy, the photographs and the likenesses (if any) of any of your user-contributed content, in connection with our business or the business of our affiliates.
You further grant us and our affiliates the ability to register copyright in and protect the user-contributed content, including the images, copy, and content available via any Authorized User’s posting, from the unauthorized use of the user-contributed content by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material on behalf of and in your name. You further agree to appear and assist us—at our expense and control—with protecting such copyrighted material from unauthorized redistribution.
Social Media or Third-Party Websites.
If the Site advertises through or offers a tool or service that allows us to access or use any profile or other information about you that you have provided to Facebook or another third-party website (each a “Social Media Site”) and you decide to respond to or use such tool or service, you acknowledge and agree that:
The information or content that is a part of your Social Media Site profile, which you have designated as “public” (or a similar designation) (with such information or content and referred to herein as “Social Media Content”), may be accessed and used by us in connection with the Site;
The Social Media Content will be considered user-generated content under these Terms and both you and we shall have the same rights and responsibilities as you that we have with respect to user-generated content under these Terms;
In the event that the Social Media Content was for any reason misclassified with a public or similar designation or is otherwise inaccurate or to which you do not agree with for any reason, you agree to work with the Social Media Site to make any changes or resolve any disputes and acknowledge that we will not be able to provide you with recourse; and
Translations and Maps.
If any user-contributed content created by Authorized Users is translated for display on the Site, we cannot guarantee the accuracy or quality of such translation and the Authorized User is solely responsible for the review, verification and accuracy of such translation. Maps provided on the Site that are provided by Google are subject to the Google Maps terms and conditions located at:
Notification of Infringement; DMCA Policy.
We respect the intellectual property rights of others and encourage you to do the same. Accordingly, We have a policy of removing Authorized User submissions that violate intellectual property rights of others, suspending access to this Site (or any portion thereof) to any user who uses this Site in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the this Site in violation of someone’s intellectual property rights.
Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a Authorized User of this Site, please provide written notice to our Agent for notice of claims of infringement:
Attn: David Nicola, DMCA Agent
Address: 220 N Smith St, Ste 408, Palatine, IL 60067
To be sure the matter is handled immediately, your written notice must:
Contain your physical or electronic signature;
Identify the copyrighted work or other intellectual property alleged to have been infringed;
Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;
Contain a statement that the information in the written notice is accurate; and
Contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.
Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.
Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our Agent with a written counter-notification that includes the following information:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
We reserve the right, in our sole discretion, to terminate the account or access of any Authorized User who is the subject of repeated DMCA or other infringement notifications.
Links to Third-Party Sites.
This Site may contain links and pointers to other Internet sites, resources and sponsors of the Site. Links to and from the Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party sites or the contents thereof. We may also provide tools to allow interaction between the Site and a third-party site, such as a Social Media Site. We are not responsible in any way for such third-party sites or resources and your use of such sites and resources will not be governed by these Terms.
Limitation of Liability.
IN NO EVENT WILL CAMOAG, OR ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS AND/OR EMPLOYEES (COLLECTIVELY, THE “CAMOAG GROUP”), OR ANY THIRD-PARTY PROVIDER OF A SERVICE OR TOOL OFFERED ON ANY SITE OR SERVICE, BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM: (A) THE SITES OR THE SERVICES, (B) THESE TERMS, (C) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY, (D) USE OF THE SITES OR SERVICES, (E) ANY USER-CONTRIBUTED CONTENT, (F) INTERACTION BETWEEN OUR SITES OR SERVICES AND ANY THIRD PARTY SITE, INCLUDING WITHOUT LIMITATION A SOCIAL MEDIA SITE, FACILITATED BY A TOOL OR SERVICE ON OUR SITE OR (G) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION, INCLUDING WITHOUT LIMITATION, ANY PAYMENT TRANSACTION (EVEN IF WE OR ANY THIRD PARTY PROVIDER RECEIVES A FEE IN CONNECTION THEREWITH) BETWEEN USERS, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
IN ALL EVENTS, OUR LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITES AND SERVICES IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; OR (B) $100.00, IN THE AGGREGATE FOR ALL CLAIMS.
THE EXCLUSIONS AND LIMITATIONS ABOVE DO NOT APPLY TO CAMOAG’S LIABILITY FOR THEIR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
Disclaimers of Warranty and Liability
All Authorized Users and their agents and assigns recognize and agree that all materials, data, and other information made available by the Services, are made available as an accommodation and without representation or warranty of any kind, whether express, implied, or statutory, as to the accuracy and completeness of such materials, documents, data, and other information.
Furthermore, Authorized Users agree that any reliance upon, or conclusions drawn therefore shall be at the Authorized Users’ own risk to the maximum extent permitted by the law and shall not give rise to any liability of or against CamoAg. Authorized Users waive and release any claims arising through the use of any materials, documents, data, or other information on the Site.
THE SITES AND SERVICES, INCLUDING, WITHOUT LIMITATION, ALL DATA, INFORMATION, CONTENT AND MATERIALS THEREIN AND ANY THIRD PARTY PRODUCTS OR SERVICES ACCESSIBLE THEREFROM, ARE PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE SITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS SITES OR SERVICES IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER-CONTRIBUTED CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER-CONTRIBUTED CONTENT TO US AND BY POSTING INFORMATION ON THE SITES AND SERVICES, INCLUDING PROPERTY LISTINGS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD US OR ANY THIRD PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATION THEREOF, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY LEASE TRANSACTION OR OTHER TRANSACTION BETWEEN USERS OF THE SITE. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE SAFETY OF ANY TRANSACTION, RENTAL PROPERTY OR THE TRUTH OR ACCURACY OF ANY LISTING OR OTHER CONTENT PROVIDED ON THE SITES AND SERVICES. YOU FURTHER ACKNOWLEDGE THAT BY DISPLAYING INFORMATION OR PROPERTY LISTINGS IN PARTICULAR DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS IS WITHOUT RISK AND ARE NOT LIABLE FOR DAMAGES WITH RESPECT TO TRAVEL TO ANY DESTINATION.
Customer shall indemnify, defend and hold harmless CamoAg and its subcontractors and Affiliates, and each of its and their respective officers, directors, employees, agents, successors and assigns (each, a “CamoAg Indemnitee”) from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs or expenses of whatever kind, including reasonable attorneys’ fees and the costs of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers (“Losses”) incurred by such CamoAg Indemnitee in connection with any claim, suit, action or proceeding (each, an “Action”) by a third party (other than an Affiliate of a CamoAg Indemnitee) to the extent that such Losses arise from any:
Customer Data, including any Processing of Customer Data by or on behalf of CamoAg in accordance with this Agreement;
any other materials or information (including any documents, data, specifications, software, content or technology) provided by or on behalf of Customer or any Authorized User, including CamoAg’s compliance with any specifications or directions provided by or on behalf of Customer or any Authorized User to the extent prepared without any contribution by CamoAg;
allegation of facts that, if true, would constitute Customer’s breach of any of its representations, warranties, covenants or obligations under this Agreement; or
negligence or more culpable act or omission (including recklessness or willful misconduct) by Customer, any Authorized User, or any third party on behalf of Customer or any Authorized User, in connection with this Agreement
Governing Law; Submission to Jurisdiction.
These Terms are governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Illinois. Any legal suit, action or proceeding arising out of or related to this Agreement or the licenses granted hereunder shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois in each case located in the city of Chicago, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. Service of process, summons, notice or other document by mail to such party’s address set forth herein shall be effective service of process for any suit, action or other proceeding brought in any such court.
Responsibility for Insurance.
We do not provide insurance protection. Authorized Users are solely responsible for obtaining insurance coverage sufficient to protect their properties.
All notices to CamoAg shall be given by postal mail to:
Attn: Legal Department
220 N Smith Street, Ste 408, Palatine, IL 60067
When we need to send you notice, it will be sent to the email address you provide to the Site during the registration process or as later updated in your account (if applicable). Notice to you shall be deemed given upon such email being sent. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to any physical address you provided to us during the registration process or as later updated in your account (if applicable). Such notice by certified mail shall be deemed given three days after the date of mailing to a physical address and one day after mailing to an electronic address.
Amendments to these Terms/changes to the Services
The Services (including the features, terms and operation thereof) offered at the time of a Authorized User’s subscription or sign up for a non-subscription-based account are subject to the descriptions displayed at the time of use and/or purchase and are subject to change without notice or approval. We reserve the right to offer additional products, services or features for purchase at any time, and we may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, database or content. We may also impose limits on certain features or services or restrict your access to parts or the entire Site without notice or liability. The version of the Terms to which you are hereby agreeing became effective on the date set forth above, and this version of the Terms amends and supplants any and all versions effective before such date. CamoAg reserves the right, in its sole discretion, to amend these Terms, in whole or in part, at any time. Notification of any amendment will be posted on the Site by the indication of the last amendment date at the top of these Terms and will be effective immediately. When Users renew subscriptions, the terms in effect at the time of renewal will govern, provided that such terms may change as described above. We also reserve the right, in our sole discretion and from time to time, to offer programs, products or services with unique terms and conditions that are separate from and may supersede or supplement in certain respects these Terms. In such cases, your use of the Site with respect to such a special program is governed by these Terms together with the terms and conditions of such program, product or service. We reserve the right, but assume no obligation, to agree to terms and conditions that may be different from or conflict with these Terms with respect to any Authorized User. Any such terms and conditions will not be enforceable unless specifically agreed to by us.
We do not separately file or save the Terms entered into by each Authorized User for access by such Authorized User. Please make a copy of these Terms for your records by printing and/or saving a downloaded copy of the Terms on your personal computer. We may immediately terminate any Authorized User’s access to or use of the Site due to such Authorized User’s breach of these Terms or any other unauthorized use of the Site. However, we do not guarantee that we will take action against any or all breaches of these Terms. Our failure to take immediate action with respect to a breach by you or others does not waive our right to act with respect to such breach or any other breach.
These Terms and any Subscription Order constitute the entire agreement between us and you with respect to the matters set forth herein, and supersede any prior agreement between us and you with respect to your use of the Site. Headings in these Terms are for reference only and do not limit the scope or extent of such section. In the event of any conflict between these Terms and any other terms and conditions applicable to a product, tool or service offered on our Site, the Terms herein shall prevail. If any portion of these Terms is found to be invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms shall remain in full force and effect. Further, any provision of these Terms held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
We may assign these Terms in our sole discretion. Authorized Users must obtain our prior written consent to assign these Terms, which may be granted or withheld by us in our sole discretion.
Additional Terms and Conditions
Certain Services may only be used by Authorized Users who can form legally binding contracts under applicable law. If you are registering as a business entity to use these Services, you represent that you have the authority to bind the entity to these Terms. Each Authorized User represents and covenants that all information submitted to us and to the Site during such Authorized User’s registration with the Site shall be true and correct. Each Authorized User further agrees to promptly provide notice to the Site by contacting us as provided above under “Contact Us” regarding any updates to any such Authorized User’s contact information previously submitted by such Authorized User to the Site.
Additional Authorized User Representations.
Each Authorized User represents and covenants that: (i) it owns and/or has all necessary rights and authority to offer for lease and to lease the property listed by such Authorized User; (ii) it will not wrongfully withhold a lease deposit in breach of the underlying lease agreement; (iii) it will accurately describe the subject rental property, will not fail to disclose a material defect in, or material information about, a rental property and will upon request, or otherwise from time to time, review the property listing content and location or geographic description to ensure it is accurate and not misleading ; (iv) it will not wrongfully deny access to the listed property; and (v) it will not fail to provide a refund when due as defined in the Lease agreement (if any). If CamoAg incurs any cost (including reasonable attorney’s fees), expense, claim, damages, loss, or liability as a result of your breach of any of the foregoing representations and covenants, CamoAg reserves the right to recover from you the full amount of the same. Upon our request, each Authorized User agrees to promptly provide to us such proof of personal identification, proof that the condition, location, or unique characteristics associated with the property are accurately described in the listing, proof of ownership of the property listed on the Site, and/or proof of authority to list the property.
Content, Layout and Copy.
All content and copy edits submitted by Authorized Users are subject to review and approval by us in our sole discretion. We reserve the right to refuse to publish any content that we determine in our sole discretion does not meet these Terms or is otherwise unacceptable to us. However, we assume no duty to review content and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, content and/or photographs or any change made to any content, photograph or copy submitted by any User. All content must meet these Terms and our Content Guidelines. We reserve the right to edit content submitted to the Site in a non-substantive manner solely to ensure that the content complies with our Content Guidelines or formatting requirements. Users are responsible for reviewing and ensuring that any content displayed on the Site appears as the User intended.
Photographs should depict the property as the main subject of the photograph. Any information or images that would violate the privacy rights, intellectual property rights (including but not limited to copyright rights) or any other rights of a third party is prohibited. We reserve the right to not display or to remove any photographs that we determine, in our sole discretion, do not meet these Terms or are otherwise unacceptable to us.
By submitting a photograph to us, the Authorized User represents and warrants that (a) it holds all intellectual property rights (including but not limited to all copyright rights), (b) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement on the Site, (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph, and (d) that it will indemnify and hold harmless CamoAg from any cause of action arising from any misrepresentation with respect to any and all photographs so submitted or in the event of claims that the use of a photograph violates another party’s copyright.
It is the Authorized User’s responsibility to obtain any and all permissions required to use, post and grant the foregoing rights in all photographic and other material used in its listings. The Authorized User warrants that it is the owner of the copyright in such material or is authorized by the owner thereof to grant to us the rights therein contained and agrees to provide any proof of such rights to us that we may request. Each Authorized User further agrees that we may reproduce in whole or in part any photographic material supplied by such Authorized User in the promotion of either such Authorized User’s property or the Site.
Uses of Our Trademarks or Logos.
There are limited ways in which a Authorized User may use our trademarks, service marks or logos in connection with a listing without specific prior written authorization. The following are general guidelines. It is usually permissible for you to refer to CamoAg or the name of one of our affiliate websites on which you list your property in a descriptive manner in your listing on the Site or in other permissible communications. However, you may not refer to CamoAg or any of our affiliates in any way that might lead someone to believe that your company, property, listing or site is sponsored by, affiliated with, or endorsed by CamoAg or one of our affiliates. You may not use the CamoAg name or one of our affiliates’ names on any other website that lists land rentals without our prior written authorization.
The CamoAg name and logo and those of the CamoAg Group and our affiliates are service marks, trademarks or registered trademarks in the United States and other jurisdictions around the world. We generally do not permit the use of our names and logos, other than as described above or with our prior written authorization. If you want permission to use our name and/or logo in any other manner, including, without limitation, on any website, business card, signage, t-shirt, etc., or if you have other questions, you may visit camo.ag.
In no event will CamoAg be liable or responsible to the You, or be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms, when and to the extent such failure or delay is caused by any circumstances beyond such CamoAg’s reasonable control (a “Force Majeure Event”), including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, pandemics, epidemics, embargoes or blockades, national or regional emergency, strikes, labor stoppages or slowdowns or other industrial disturbances, passage of law or any action taken by a governmental or public authority, including imposing an embargo, export or import restriction, quota or other restriction or prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications or transportation.