Terms and Conditions
Agreement between User and HabiTerre, Inc.
You have contracted HabiTerre to provide you with a report or reports on specific farmland which may include estimates, projections or analysis (the “Information”). The Information in this report or reports is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your acceptance of these Terms with the quote provided to you for these services constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
Limited Time to Dispute Geographic Boundaries in Work Product
As part of completing your order, you will confirm the geographic boundaries of the property for which you are purchasing a report. Upon receipt of the report, you should verify that the report reflects the confirmed boundaries. HabiTerre purges original order files from time to time, and your right to dispute the geographic boundaries shown in the report expires sixty days after delivery of the work product to you. Delivery of the work product is determined by email stamp. If you dispute the boundaries within sixty days, HabiTerre will work with you to resolve the dispute by providing a revised report as your sole remedy. Any resolution pursuant to this section will be at HabiTerre’s sole discretion.
In order to provide the Information, HabiTerre uses remote sensing of land, through which we may inadvertently gather satellite imagery that includes personal residences. Whenever we display the Information, we will attempt to obscure residence imagery, but you recognize that this process relies on algorithms that may inadvertently obscure other structures or may neglect to completely obscure a residence.
Visiting the HabiTerre Site or sending emails to HabiTerre constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the HabiTerre Site, satisfy any legal requirement that such communications be in writing.
Our Information is not intended for use by anyone under the age of 13. By accepting these Terms, you hereby affirm that you are 13 or older. In addition, if you are between the ages of 13 and 18 (or between 13 and the age of legal majority under applicable law), you may use the Information and habiterre.com only with permission of a parent or legal guardian who agrees to be bound by these Terms. In all cases, you represent and warrant that you have the full power and authority to enter into Terms and in doing so will not violate any other agreement to which you are a party.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Information strictly in accordance with these Terms. As a condition of your use of the Information, you warrant to HabiTerre that you will not, and you will not permit others to, use the Information in any manner or for any purpose that is unlawful or prohibited by these Terms.
All content included as part of the Information, such as text, graphics, logos, images, as well as the compilation thereof, is the property of HabiTerre or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not, and you will not permit others to, modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, create competitive products, or in any way exploit any of the content, in whole or in part, found in the Information. HabiTerre content is not for resale. Your use of the Information does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of HabiTerre and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of HabiTerre or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by HabiTerre from our offices within the USA. You are responsible for compliance with all local laws. You agree that you will not use the Information in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless HabiTerre and its affiliates, its agents, partners, licensors, suppliers, and assigns, and our and their directors, officers, employees, consultants and other representatives from and against all third-party claims, liabilities, damages, losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Information, any postings about the Information made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. HabiTerre reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with HabiTerre in asserting any available defenses.
Please read the following sections carefully because they require you to submit to binding arbitration of any and all disputes with HabiTerre and limits the manner in which you can seek relief from HabiTerre . No class or representative actions or arbitrations are allowed under the Terms.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and HabiTerre agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN ADDITION, THE INFORMATION IS BASED ON REMOTE SENSING DATA THAT ITSELF MAY HAVE INACCURACIES. THE INFORMATION IS DERIVED FROM SUCH DATA THROUGH AN ALGORITHM THAT AIMS TO APPROXIMATE ACTUAL CONDITIONS, BUT MAY NOT PRECISELY REPLICATE SUCH CONDITIONS. IT IS EXPECTED THAT ACTUAL PERFORMANCE RECORDS OF THE FARMLAND ANALYZED WILL DIFFER FROM THE INFORMATION PROVIDED BY HABITERRE.
HABITERRE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. HABITERRE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
HabiTerre reserves the right, in its sole discretion, to terminate our service relationship with you at any time, without notice.
The Terms are governed by the laws of the State of Delaware without reference to its choice of laws principles, and, with the exception of disputes in arbitration, the parties consent to the exclusive jurisdiction and venue in the state or federal courts located in Chicago, Illinois, for any claims arising out of a dispute relating to these Terms Use of the Information is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and HabiTerre as a result of this agreement or use of the Information. HabiTerre’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of HabiTerre’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Information. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and HabiTerre with respect to the Information and habiterre.com and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and HabiTerre. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
HabiTerre welcomes your questions or comments regarding the Terms:
60 Hazelwood Dr. Suite 224
Champaign, Illinois 61820
Effective as of April 1, 2021