Terms of Service for 40fortyacres (40 Acres)

Effective Date: 12-24-2023

1. Agreement to Terms

By accessing or using the website located at https://www.40fortyacres.com (the "Website"), which is owned and operated by 40fortyacres, also known as 40 Acres ("Company", "we", "us", or "our"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, you must not access or use the Website.

2. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes.

3. Accessing the Website

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

4. Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by copyright, trademark, and other intellectual property or proprietary rights laws.

5. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation.

  • To exploit, harm, or attempt to exploit or harm minors in any way.

  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the content standards set out in these Terms.

  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation.

6. User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials on or through the Website.

7. Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

8. Disclaimer of Warranties

Your use of the Website, its content, and any services or items obtained through the Website is at your own risk. The Website, its content, and any services or items obtained through the Website are provided on an "as is" and "as available" basis.

10. Limitation on Liability

To the fullest extent permitted by applicable law, in no event will 40fortyacres, its affiliates, officers, directors, employees, agents, suppliers, or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if 40fortyacres has been advised as to the possibility of such damages or could have foreseen such damages.

To the maximum extent permitted by applicable law, the aggregate liability of 40fortyacres and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to 40fortyacres for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

11. Indemnification

You agree to indemnify, defend, and hold harmless 40fortyacres and its affiliates, officers, agents, employees, partners, and licensors from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from or arising out of your (a) use or misuse of our website or services, (b) violation of these Terms of Service, or (c) violation of any law or the rights of a third party. This indemnification obligation will survive the termination of your use of our website and these Terms of Service.

12. Termination

40fortyacres reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or any part of our website or services, at any time and for any reason without prior notice or liability. 40fortyacres may change, suspend, or discontinue all or any aspect of the website at any time, including the availability of any feature, database, or content, without prior notice or liability.

You may terminate your use of the website and services at any time. If you wish to terminate your account, you may simply discontinue using the website and services.

Upon any termination, discontinuation, or cancellation of services or your account, the following provisions of these Terms of Service will survive: [list sections that survive termination, typically including Intellectual Property, Warranty Disclaimers, Indemnification, Limitation of Liability, and Governing Law].

13. Governing Law and Jurisdiction

These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the federal laws of the United States, without regard to conflict of law principles.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the website shall be instituted exclusively in the federal courts of the United States. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

14. Dispute Resolution and Arbitration Agreement

14.1 Agreement to Arbitrate: This Dispute Resolution and Arbitration Agreement applies to any dispute, claim, or controversy arising out of or relating to your use of our website, your purchase of products or services from 40fortyacres, or to any aspect of your relationship with 40fortyacres. By agreeing to these Terms of Service, you agree that you are required to resolve any claim that you may have against 40fortyacres on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against 40fortyacres, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against 40fortyacres by someone else.

14.2. Arbitration Rules and Forum: The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent. The arbitration will be conducted by [Name of Arbitration Provider, e.g., the American Arbitration Association (AAA)] under its rules, including [Specify Rules, e.g., AAA's Consumer Arbitration Rules]. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules.

14.3. Authority of Arbitrator: The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable.

14.4 Opt-Out of Agreement to Arbitrate: You can decline this agreement to arbitrate by [describe opt-out procedure, e.g., mailing us a letter stating your decision to opt-out within 30 days of first accepting the Terms of Service].

14.5 Severability and Survival: If any part of this Arbitration Agreement is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the rules of the arbitration forum, then the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.

15 General Provisions

15.1 Severability: If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law, 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 Terms of Service will continue in effect.

15.2 Entire Agreement: These Terms of Service constitute the entire agreement between you and 40fortyacres with respect to the website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and 40fortyacres with respect to the website.

15.3 Waiver: The failure of 40fortyacres to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

15.4  Assignment: You may not assign these Terms of Service or any rights or obligations herein without the prior written consent of 40fortyacres and any attempted assignment without such consent will be null and void.

15.5 Headings: The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.

15.6 No Third-Party Beneficiaries: These Terms of Service are between you and 40fortyacres. There are no third-party beneficiaries to these Terms.

15.7 Notice: Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Service, will be in writing and given by 40fortyacres (a) via email (in each case to the address that you provide) or (b) by posting to the website. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

15. 8 Force Majeure: 40fortyacres shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond 40fortyacres's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

16. Contact Information

If you have any questions or concerns regarding these Terms of Service, please contact us at the following email address:

Email: 40fortyacresca@gmail.com

We welcome your questions, concerns, and feedback about our Terms and will do our best to respond to your inquiries in a timely manner.

We are committed to providing you with support and addressing any queries or concerns you may have regarding our Terms of Service.