Agreement
These Terms of Service (“Terms”) are a binding contract between you and Marc Labrie and any entity through which he operates the RangeAcre platform (together, “Operator,” “we,” or “us”). They govern your account, your use of rangeacre.com and any successor site (the “Platform”), and every listing, message, advertisement, and payment you make through it. By creating an account, clicking “I agree,” or using the Platform, you accept these Terms and the Privacy Policy of the same version. If you do not agree, do not use the Platform.
RangeAcre is a free-to-list online marketplace for U.S. land and property. The current version of these Terms is identified by the version string stored with your acceptance. If we publish a new version, you must accept it before you continue to use account features. We keep each acceptance with your user id, the version, the time, your IP address, and your user agent.
Not a broker or agent
The Operator is not a real estate broker, salesperson, auctioneer, escrow holder, lender, or title company, and the Platform does not create an agency, partnership, joint venture, or fiduciary relationship with you or any other user. We do not represent buyers or sellers. We do not negotiate transactions, hold earnest money, or advise you on price, title, tax, survey, zoning, or the physical condition of any property.
We do not verify listings. Acreage, price, access, water, minerals, zoning, boundaries, photographs, and ownership claims are supplied by users. You must investigate every property yourself, including with a licensed broker, attorney, surveyor, or inspector of your own choosing. A listing on RangeAcre is not an offer that can be accepted into a binding real-estate contract.
Who may use RangeAcre
Accounts are offered to people in the United States. We use Cloudflare’s country header to gate signup, and we may allow a specific email address that an administrator has placed on an override list. Listings must be for property in a U.S. state or territory. At the time you publish a listing you must provide a U.S. mailing address and a U.S. phone number.
You must be at least 18 years old and able to form a contract. You are responsible for the activity on your account and for keeping your password confidential.
Your listings and your authority
If you publish a listing, you represent that you own the property or that you are authorized by the owner to offer it for sale, and that your listing does not violate any law, court order, or agreement. You will not post a property you have no right to sell. You will promptly correct or remove a listing that is wrong, sold, or no longer available.
You grant the Operator a non-exclusive, worldwide, royalty-free license to host, reproduce, resize, display, and promote the text, maps, and photographs you upload for as long as needed to operate and market the Platform, including after a listing expires, in archival, backup, and dispute-resolution copies. You represent that you have the rights to grant that license, including from any photographer. You retain ownership of your content. This license is the photo-rights license described in these Terms.
Fair Housing
You will comply with the federal Fair Housing Act and all state and local fair-housing laws. You will not post a listing, advertisement, or message that states a preference, limitation, or discrimination because of race, color, religion, sex, disability, familial status, national origin, or any other characteristic protected by law. We may remove content and suspend accounts that violate this section. The Operator does not screen listings for fair-housing compliance before they go live, and removal is not an admission that we police user speech.
Messages, calls, and texts
Buyers may send inquiries and offers through the Platform. Contact details stay masked until the seller chooses to share them. You will not use information you obtain on the Platform to spam anyone.
SMS is optional. RangeAcre Alerts is the text program. Message types are offer and inquiry alerts. Message frequency varies. Message and data rates may apply. The opt-in checkbox is unchecked until you check it. We store the time you opt in. You may reply STOP to opt out and HELP for help. See the SMS Terms. Consent to texts is not required to buy or sell, and it is not a condition of any purchase except the alerts themselves.
You agree that we may send you transactional email about your account, listings, and inquiries. Those messages follow CAN-SPAM. Marketing email will identify the sender, include our postal contact, and offer a way to opt out. Our current postal contact is RangeAcre, c/o Marc Labrie, San Diego County, California, marc@sandiegowelcome.com. A street address will be published before public launch.
Paid upgrades and advertising
Listing is free. Featured, Premium, and Boost upgrades, and self-serve advertisements, are optional paid products. Prices are shown before you pay and may be changed by an administrator for future purchases. Payments are processed by Stripe to the Operator’s Stripe account. Upgrades expire at the end of the period you buy. Advertisements run only after an administrator approves the creative. We may reject or remove an ad that is unlawful, misleading, or off-topic. Fees are earned when the upgrade or approved ad period starts, except where a statute says otherwise.
No warranty
THE PLATFORM, LISTINGS, MESSAGES, AND ADS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT ALLOWED BY LAW, THE OPERATOR DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY LISTING IS ACCURATE, AVAILABLE, OR LAWFUL.
Limitation of liability
TO THE FULLEST EXTENT ALLOWED BY LAW, THE OPERATOR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR PROPERTY VALUE, ARISING OUT OF THE PLATFORM OR A TRANSACTION BETWEEN USERS, EVEN IF ADVISED OF THE POSSIBILITY. THE OPERATOR’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS OR THE PLATFORM WILL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (US $100) OR THE AMOUNT YOU PAID TO THE OPERATOR FOR A PAID UPGRADE OR ADVERTISEMENT IN THE TWELVE MONTHS BEFORE THE CLAIM.
Some states do not allow certain disclaimers or limits. In those states, the limits apply to the fullest extent permitted.
Indemnity and hold harmless
You will defend, indemnify, and hold harmless Marc Labrie and any entity through which he operates the RangeAcre platform (together, “Operator,” “we,” or “us”), and each of their members, managers, employees, contractors, and agents, from and against any claim, demand, loss, damage, settlement, cost, and attorneys’ fees arising out of or related to: your listing or other content; your lack of authority to sell a property; any inaccuracy you post; your transaction or dispute with another user; your violation of these Terms or of law, including fair-housing, consumer-protection, telemarketing, and intellectual-property law; and any tax, title, boundary, environmental, or injury claim connected to a property you list or pursue. This indemnity is intended to be broad and to be interpreted in favor of the Operator.
DMCA
If you believe content on the Platform infringes a copyright you own, send a notice to the designated agent: Marc Labrie, marc@sandiegowelcome.com, San Diego County, California. The notice must identify the work, the material claimed to infringe, your contact information, a statement of good-faith belief, and a statement under penalty of perjury that you are authorized to act, with your physical or electronic signature. We may remove the material and, where appropriate, terminate repeat infringers.
Arbitration and class-action waiver
You and the Operator agree to resolve any dispute, claim, or controversy arising out of these Terms or the Platform by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitrator may award any relief a court could award to an individual claimant. The arbitration will be held in San Diego County, California, or by videoconference if you prefer.
YOU AND THE OPERATOR WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate claims or preside over any form of a representative proceeding. If a court finds the class-action waiver unenforceable as to a particular claim, that claim will proceed in court and the rest will remain in arbitration.
Either party may bring an individual action in small-claims court in San Diego County, California. Either party may seek temporary injunctive relief in that county to protect intellectual property or to stop unauthorized access. This section survives termination of your account.
Governing law, venue, and severability
These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules. Subject to the arbitration agreement, the state and federal courts located in San Diego County, California are the exclusive venue for any dispute that proceeds in court, and you consent to personal jurisdiction there.
If any provision of these Terms is held unenforceable, that provision will be modified to the minimum extent necessary, or severed, and the remaining provisions will remain in effect. A failure to enforce a provision is not a waiver. These Terms, the Privacy Policy, the Listing Agreement, and the SMS Terms are the entire agreement between you and the Operator about the Platform.