Effective Date: 06.05.23
AcreTrader reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the Service, information, materials and descriptions on the Site and to suspend and/or deny access to the Site for any reason. The information and materials on the Site may contain typographical errors or inaccuracies. All boundary lines noted in pictures, aerials or maps may be included for representation purposes and may not be accurate. All boundary lines, pictures, aerials or maps should only be considered as estimates and not relied on as legal documents or descriptions. AcreTrader expressly disclaims any liability for such changes, errors or omissions.
Any dated information is published as of its date only, and AcreTrader does not undertake any obligation or responsibility to update or amend any such information. AcreTrader may discontinue or change any product or service described in or offered on the Site at any time. AcreTrader further reserves the right, in its sole discretion, to block or otherwise discontinue your access and use of the Site at any time and for any reason. You agree that AcreTrader will not be liable to you or to any third party for any such modification, suspension or discontinuance.
The Service is available only to Accredited Investors who are at least 18 years old.
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information that you provide to AcreTrader, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to AcreTrader. By entering into this agreement, you agree to the terms of service of North Capital Investment Technology, Plaid and Dwolla, which are incorporated herein by reference.
Certain portions of the Site may contain third party content and may provide links to webpages and content of third parties (collectively “Third Party Content”). AcreTrader does not control, endorse, investigate, or adopt any Third Party Content, and makes no representations or warranties of any kind regarding the Third Party Content, including with respect to its accuracy or completeness. You acknowledge and agree that AcreTrader is not responsible or liable in any manner for any Third Party Content or your reliance upon Third Party Content. Users utilize such Third Party Content at their own risk.
AcreTrader will provide customer support for your Dwolla account activity, and can be reached here.
AcreTrader is a registered trademark of AcreTrader, Inc.
You may not reproduce (except as provided in this Agreement), publish, transmit, distribute, broadcast, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, in any form or by any means, or otherwise copy or transmit any Content, the Site or related software without the express written permission of AcreTrader, except that the foregoing does not apply to your own photos, profiles, messages, notes, text, information, music, video and other content that you legally upload, publish or display on or through the Site, or transmit to or share with other Users (“User Content”).
Furthermore, provided that you are eligible for use of the Site, you are granted a limited license to access, download and/or print Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Such license is subject to these Site Terms and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Content other than as specifically authorized herein, without the prior written permission of AcreTrader, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes.
You agree that AcreTrader may, at its sole discretion and to the extent permitted by law, access, read, preserve and disclose your account information, usage history and submitted Content in order to: (a) comply with any applicable law, regulation, legal process, or governmental request; (b) respond to claims that any Content violates the rights of third parties, including intellectual property rights; (c) enforce this Agreement and investigate potential violations thereof; (d) detect, prevent, or otherwise address fraud, security, or technical issues; (e) respond to your requests for customer service; or (f) protect the rights, property, or personal safety of AcreTrader, its Users, or the public.
If you believe that any material on the Site violates this Agreement or your intellectual property rights, please notify AcreTrader as soon as possible by contacting us here with the following information in accordance with Section 512(c) of the Copyright Act: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, AcreTrader will also terminate a User’s account if the User is determined to be a repeat infringer.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to the Company are non-confidential and shall become the sole property of the Company. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of your Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Without Acretrader’s prior consent, you may not:
Any violations of system or network security including attempts to intentionally access a computer without authorization or exceed your authorized access level may result in civil and criminal charges, including but not limited to charges under the Computer Fraud and Abuse Act (18 U.S.C. §1030). AcreTrader may investigate occurrences that potentially involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Unfortunately, in today’s internet commerce environment, there may be misuse of our name, brands and reputation by imposters and frauds publishing fake websites and engaging in "phishing" scams seeking personal or confidential information.
When communicating with Acretrader through digital media, please:
Because AcreTrader’s business is conducted via the Internet, we need for you to consent to transact business with us online and electronically. We also need you to consent to AcreTrader sending you certain disclosures electronically, either via our Site or to the email address you provide to us. By agreeing to this Agreement, you agree to receive electronically all documents, communications, notices, contracts, and agreements (specifically including any IRS Forms, including Form 1099 and Form K-1) arising from or relating to your use of the Site and Service, including any securities you have purchased, your use of this Service, and the voting of any securities you have purchased as an Investor in any offering made available through the Site or Service (each, a "Disclosure"), whether we are acting in the capacity as issuer, agent or otherwise. The decision to do business with us electronically is yours. This document informs you of your rights concerning Disclosures.
Electronic Communications. Any Disclosures will be provided to you electronically from AcreTrader either on our Site or via electronic mail to the verified email address you provided. If you require paper copies of such Disclosures, you may write to us at the mailing address provided below and a paper copy will be sent to you at a cost of up to $5.00. A request for a paper copy of any Disclosure will not be considered a withdrawal of your consent to receive Disclosures electronically. We may discontinue electronic provision of Disclosures at any time in our sole discretion.
Scope of Consent. Your consent to receive Disclosures and transact business electronically, and our agreement to do so, applies to any transactions to which such Disclosures relate, whether between you and AcreTrader. Your consent will remain in effect for so long as you are a User and, if you are no longer a User, such consent to receive Disclosures electronically will continue until such time as all Disclosures relevant to transactions that occurred while you were a User have been made.
TCPA Consent: You expressly consent to receiving calls and messages, including auto-dialed and pre-recorded message calls, and SMS messages (including text messages) from us, our affiliates, agents and others calling at their request or on their behalf, at any telephone numbers that you have provided or may provide in the future (including any cellular telephone numbers). Your cellular or mobile telephone provider will charge you according to the type of plan you carry.
Withdrawing Consent. You may not withdraw such electronic consent so long as you have outstanding any investments made through the Site. If you have no outstanding investments made through the site and wish to withdraw your consent to doing business electronically, we will terminate your registered user account with us.
AcreTrader may terminate your access to all or any part of the Site and Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Site. All provisions of this Agreement shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You acknowledge that AcreTrader has no control over, and no duty to take any action regarding: which Users gains access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release AcreTrader from any and all liability relating to you having acquired or not acquired Content through the Site. AcreTrader makes no representations concerning any Content contained in or accessed through the Site, and AcreTrader will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service.
AcreTrader neither represents, warrants, covenants, guarantees, nor promises any specific results from use of the Site. All investing involves risks, including the loss of principal. Alternative investments are highly speculative and are not suitable for all investors. See additional risk disclosures regarding farmland investing and the risks of investing on AcreTrader.com.
THE SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY INFORMATION PROVIDED IN CONNECTION WITH THE SERVICE, IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES.
Any Content downloaded or otherwise obtained through the Site is done at your own discretion and risk and you are solely responsible for any damage to your computer or other electronic system or loss of data that results from the download of any such Content. The foregoing limitation of liability will apply in any action, whether in contract, tort or any other claim, even if an authorized representative of AcreTrader has been advised of or should have knowledge of the possibility of such damages.
AcreTrader makes no representation or warranty, express or implied, with respect to any third-party data provided to AcreTrader or its transmission, timeliness, accuracy or completeness, including but not limited to implied warranties or warranties of merchantability or fitness for a particular purpose. AcreTrader will not be liable in any way to you or to any other person for any inaccuracy, error or delay in or omission of any third party data or the transmission or delivery of any such third party data and any loss or damage arising from (a) any such inaccuracy, error, delay or omission, (b) non-performance or (c) interruption in any such third party data due either to any negligent act or omission by AcreTrader or “force majeure” or any other cause beyond the control of AcreTrader.
Electronic Communication Privacy Act Notice (18 U.S.C. §§2701 - 2711): AcreTrader makes no guarantee of confidentiality or privacy of any communication or information transmitted on the site or any website linked to the site. AcreTrader will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on AcreTrader’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
You hereby agree to defend, indemnify, and hold harmless AcreTrader and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Site, Service, Content or otherwise from your User submissions, violation of the Agreement, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. AcreTrader reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with AcreTrader in asserting any available defenses.
IN NO EVENT SHALL ACRETRADER, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00).
The Service is only suitable, intended and available for Accredited Investors who are members of AcreTrader and familiar with, and willing to accept the risks associated with private investments. Investors must be willing to have their status as Accredited Investors and suitability verified by AcreTrader Inc., its affiliates and/or third parties. AcreTrader does not endorse any of the opportunities that appear on the Site, nor does it make any recommendations regarding the appropriateness of particular opportunities for any Investor or with respect to the advisability of investing in general. Each Investor must review and evaluate the investments in the Investor’s own discretion and determine the suitability of making the particular investment in light of the Investor’s own circumstances.
AcreTrader and its affiliates do not give or offer any business, investment, tax or legal advice to anyone using the Site or Service. The Service provided by AcreTrader is defined herein. All Investors must certify that they are accredited, attest that they are suitable for this type of illiquid investment, and acknowledge that they have received and read all investment terms and conditions.
Fluctuations in the value of the assets that are the subject of any investment are to be expected. Additional risks of investing exist due to a variety of factors, including, but not limited to, leverage, property operations, business risks, management and environmental liabilities. There is a potential for loss of part or ALL of the investment capital, and each Investor should understand that all capital invested may be lost. Investors should only consider these investments if they have no need for liquidity and can bear the risk of losing their entire investment.
AcreTrader does not make investment recommendations, and no communication through the Site or in any other medium should be construed as such. Investment opportunities posted on the Site are “private placements” of securities that are not publicly traded, are subject to holding period requirements, and are intended for investors who do not need a liquid investment. Private placement investments are NOT bank deposits (and thus NOT insured by the FDIC or by any other federal governmental agency), are NOT guaranteed by AcreTrader, and MAY lose value. Investors must be able to afford the loss of their entire investment.
ATRE, LLC is a wholly-owned subsidiary of AcreTrader, Inc. that serves as a real estate broker entity.
Acretrader Management, LLC is a wholly-owned subsidiary of AcreTrader, Inc. that serves as manager to several real estate entities, each pursuing a real estate investment strategy.
AcreTrader Financial, LLC is a wholly-owned subsidiary of AcreTrader, Inc. that is a registered Broker-Dealer and Member of FINRA | SIPC, CRD# 320820
There can be no assurance that any property valuations provided shown on AcreTrader.com are accurate or in agreement with market or industry valuations. Any investment information contained herein has been secured from sources AcreTrader believes are reliable, but we make no representations or warranties as to the accuracy of such information and accept no liability therefor. Offers to sell, or the solicitations of offers to buy, any security can only be made through official offering documents that contain important information about risks, fees and expenses. Investors should conduct their own due diligence, not rely on the financial assumptions or estimates displayed on the Site, and are encouraged to consult with a financial advisor, attorney, accountant, and any other professional that can help you to understand and assess the risks associated with any investment opportunities.
None of the information contained in the publicly available portions of the Site constitutes a recommendation, solicitation or offer to buy or sell any securities, options or other financial instruments or other assets or provide any investment advice or service. The information and Service provided on the Site are not provided to, and may not be used by, any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or where AcreTrader is not authorized to provide such information or Service. Some products and services described in the Site may not be available in all jurisdictions or to all members.
The securities offered on this Site can only be marketed in certain jurisdictions. If you are in a location outside of the U.S., you agree that you use or access the Site solely at your own risk and initiative. The Service is controlled and operated from facilities located within the United States. AcreTrader makes no representations that the Site or the Service is appropriate or available for use in other jurisdictions. Accessing the Service is prohibited from territories where the Content is prohibited. Securities offerings are only directed at or intended for purchase or investment by investors in jurisdictions that permit general solicitation of unregistered securities. You acknowledge and agree that it is solely your responsibility to be aware of the applicable laws and regulations of your country of residence. Subscriptions to invest in any offering referred to on this Site must only be made on the basis of the offering documents on the Site relating to any specific investment. The content, material and information contained on the Site does not constitute an offer or solicitation and may not be treated as an offer or solicitation (a) in any jurisdiction where such an offer or solicitation is against the law; (b) to anyone to whom it is unlawful to make such an offer or solicitation; and/or (c) if the person making the offer or solicitation is not qualified to do so.
The Site is not directed at you if AcreTrader is prohibited by any law of any jurisdiction from making the information on the Site available to you. You should verify, yourself, before accessing the Site or any Offering on the Site, that we would be allowed to advertise securities or other investments to you under the law of the jurisdiction in which you reside.
Neither the Securities and Exchange Commission nor any federal or state securities commission or any other regulatory authority has recommended or approved of the investment or the accuracy or inaccuracy of any of the information or materials provided by or through the website. Direct and indirect purchase of real estate property involves significant risks, including, but not limited to, risks related to the sale of land, market and industry risks and risks specific to a given property. Investments are not bank deposits, are not insured by the FDIC or by any other Federal Government Agency, are not guaranteed by AcreTrader, and may lose value.
Investments listed on this Site are only suitable for Accredited Investors who are familiar with and willing to accept the high risk associated with private investments. To qualify as an accredited investor, you must meet certain thresholds as defined by the Securities and Exchange Commission under Rule 501 of Regulation D.
If you are investing as an individual, you must meet one of the following criteria:
If you are investing through an entity, it must meet one of the following criteria:
Please see also accredited investors on the SEC website for more information.
Securities sold through private placements are not publicly traded and, therefore, are less liquid. Additionally, Investors may receive restricted units that may be subject to holding period requirements. Investing in private placements requires high risk tolerance, low liquidity concerns, and long-term commitments. Investors must be able to afford to lose their entire investment. For those reasons, these offerings may be made available only to certain institutional investors as well as high net worth individuals and entities. As with all alternative investments, investors must meet certain eligibility tests to qualify as purchasers. See our Risks Statement here for more information.
This Agreement (and any further rules, policies or guidelines incorporated by reference herein) shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law.
While we hope never to have a dispute with a User, if we do, User and AcreTrader each agree to try for sixty (60) days to resolve it informally. If we collectively fail to resolve such dispute (and unless otherwise agreed in writing by User and AcreTrader), any dispute arising out of or relating to the Agreement, or the breach hereof, shall be finally resolved by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. If parties are unable to select an arbitrator, then AAA shall select the arbitrator. Judgment on any award entered by the arbitrator may be entered in any court having jurisdiction thereof. If for any reason a claim proceeds in court rather than in arbitration, USER AND ACRETRADER EACH WAIVE ANY RIGHT TO A JURY TRIAL. We also both agree that you or we may bring a suit in court to enjoin infringement or other misuse of intellectual property rights.
Where permitted under applicable law, User and AcreTrader each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Unless User and AcreTrader both agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.