By using AcreScout ("Company" or "Service") and any other service of Hatchfire, Inc. ("Hatchfire"), you are agreeing to be bound by the following Terms and Conditions ("Terms of Service" or "Agreement") as a legal agreement. The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.

Usage includes but is not limited to both the act of submitting information to and accessing information from the AcreScout Website. You ("User" or "Customer") agree to the following terms and conditions. If you do not agree to these Terms of Service, do not submit information to or access information from any AcreScout Service.

Violation of any of the Terms of Service will result in the termination of your Account. Hatchfire reserves the right to update and change these terms and conditions at any time and without notice to the user. Continued use of the Service after any such changes shall constitute your consent to such changes.

ACCOUNT TERMS
Users without a registered account will have limited access to AcreScout. Accounts registered by "bots" or other automated methods are not permitted. You must specify whether or not you are a current licensed real estate agent or broker and provide your full legal name, a valid email address, and any other required information in order to complete the account registration process. Each registered Customer is required to maintain accurate account information including a valid email address and a password, which shall be utilized for logging on to the AcreScout Website.

You may not register for more than one Account or register for an Account on behalf of an individual, group, or entity other than yourself. Your registered Account may only be used by one person. A single account shared by multiple people is not allowed. Accounts and account services cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered Customer without the express written permission of AcreScout.

You grant AcreScout full access to any information regarding your Account, your User Content, and any other information. AcreScout will not disclose your information without your prior permission except for use within the Service, for internal purposes with its affiliates, licensors, or sponsors, or by legal requirement. AcreScout, in its sole discretion, reserves the right to suspend or terminate your Account and to refuse service to any Customer, individual, organization, or firm (and all members associated or affiliated with given organization or firm) for any reason at any time.

BASIC ACCOUNT
Customers who are not currently licensed real estate agents or brokers must identify so during the registration process and will be given a Basic Account. A Customer with a Basic Account will not have access to features such as but not limited to posting property listings, searching buyer requests, and upgrading to a Premium Agent Account.

AGENT ACCOUNT
Customers who are currently licensed real estate agents or brokers and have identified so during the registration process or on the "My Account" page will be granted an Agent Account. A Customer with an Agent Account does have access to posting property listings, searching buyer requests, and upgrading to a Premium Agent Account.

PREMIUM AGENT ACCOUNT
Agent Accounts may be upgraded to a paid Premium Agent Account. A Customer must currently be a licensed real estate agent or broker to use this type of account. This service is a paid subscription product specifically granted to the subscribing Premium Customer only. A Premium Agent Account may only be used by one person. A Premium Agent Account cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered Premium Customer without the express written permission of AcreScout.

PRICING, REFUNDS, AND PAYMENT
AcreScout reserves the right to update and change Premium Subscription services, fees, payment frequency, and billing methods at any time.

Premium Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for (a) partial months of service, (b) upgrading service, (c) downgrading service, or (d) unused service. Premium Service will be billed to the payment information provided by the Customer. The Customer is responsible for maintaining current and accurate billing information and contact information for the Customer's account. Subscription to Premium Service automatically renews each month at its previously billed level or subscription regardless of Customer's use of AcreScout.

You must notify AcreScout about any billing problems or discrepancies within 90 days after charges first appear on your Account statement. If it is not brought to the attention of AcreScout within 90 days, You agree to waive your right to dispute such problems or discrepancies. AcreScout has the right to refuse service to any customer or company that has delinquent charges that remain unpaid and to impose additional charges to reactivate service. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by the Customer.

UPGRADING AND DOWNGRADING
Customers with Premium Service may change their subscription level by changing their information on the "Premium Membership & Billing" page under "My Account."

Downgrading Service may cause loss of content and features, including the possibility of changing Premium Property Listings to Basic Property Listings. There will be no refunds or credits for downgrading service. When downgrading the Premium Service's subscription level, the Customer's current billing method provided will automatically be charged the new rate on the next billing cycle.

Upgrading from an Agent Account to a Premium Agent Account will immediately charge the You for the specified Premium Service subscription level. Upgrading Premium Service to a higher subscription will immediately charge You the prorated difference between subscription levels.

CANCELLATION AND TERMINATION
Premium Service automatically renews monthly using the current billing information You provided unless You cancel your subscription on the AcreScout Website. All of your Content will be immediately deleted from AcreScout upon cancellation. Deleted Content cannot be recovered. You are solely responsible for canceling your account. An email or phone request to cancel your Account is not considered cancellation. If You have a question about a cancellation, You should contact AcreScout Member Services at membership@acrescout.com.

AcreScout, in its sole discretion, reserves the right to suspend or terminate your Account and to refuse service to any Customer, individual, organization, or firm (and all members associated or affiliated with given organization or firm) for any reason at any time.

USER CONTENT ON ACRESCOUT
You are solely responsible for the text, photos, account details (contact, financial, and all other account information), property details (descriptions, photos, and all other property information), and all other content that the You upload, publish, or display (hereinafter, "post") on or through AcreScout. You are solely responsible of retaining back-up copies of all content posted to Service. AcreScout accepts no responsibility for checking the accuracy of any content posted by Users.

You must be a licensed real estate agent or broker to post a Property Listing. You agree not to post any Property Listing content on AcreScout unless the You have received all necessary rights and authorizations, written consent, and/or listing agreement from the seller, including from the photographer and/or copyright owner of any photographs. Specifically, You will not post a photograph under the terms of a license that does not allow posting of such photograph on Service. You may not post content on AcreScout that you did not create or that you did not have permission to post. AcreScout may require evidence of compliance with this provision from Users who are alleged to have submitted Content in violation of this Terms of Service.

You understand and agree that AcreScout may, but is not obligated to, review the Website and may delete or remove (without notice) all or part of Content in its sole discretion. AcreScout, in its sole discretion, reserves the right to suspend or terminate your Account and to refuse service to any Customer, individual, organization, or firm (and all members associated or affiliated with given organization or firm) for any reason at any time. AcreScout shall have the right to use Content submitted to it for any purpose. By posting Content to Service, You authorize AcreScout to make copies of all Content. Additionally, You grant AcreScout the sole authority to choose how the Content will be searched, displayed, accessed, downloaded, copied, and otherwise used on AcreScout.

COPYRIGHT COMPLAINTS
To report potential copyright infringement of your copyrighted work on AcreScout, please provide Company with (1) an electronic or physical signature of a person authorized to act on the owner's behalf, (2) your name, mailing address, telephone number, and email address, (3) a description of what the allegedly infringed copyrighted material looks like, (4) a description and url, if available, of where the allegedly infringed copyrighted material is located on AcreScout, (5) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and (6) a statement by you, made under penalty of perjury, that the information contained in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You may mail your Notification of Alleged Copyright Infringement to AcreScout's Designated Copyright Agent at:

Hatchfire
ATTN: AcreScout Designated Copyright Agent
23 Tara Drive
Pawleys Island, SC 29585

GENERAL TERMS AND CONDITIONS
AcreScout does not endorse or guarantee the accuracy of any Content on AcreScout. All Content is provided solely for general information and does not constitute any legal, real estate, or other professional advice. You should consult an appropriate professional before acting on any Content provided by Service.

You agree not to harvest or collect email addresses or other contact information of other users from Service by electronic or other means for the purpose of sending unsolicited emails or other unsolicited communications. You agree not to use AcreScout to post or send unsolicited or unauthorized Content that is deemed inappropriate by Hatchfire for being promotional, harmful, threatening, unlawful, defamatory, infringing, inflammatory, abusive, harassing, obscene, vulgar, pornographic, fraudulent, invasive of privacy or publicity rights, hateful, or otherwise objectionable.

You agree to treat all Content on AcreScout as proprietary to Company. You shall not use or reproduce Content on Service to compete with Company or cause damage or loss to Company's reputation, earnings, customers, or any other area of Hatchfire. You agree not to use Service in any unlawful manner or any other manner that could damage, disable, overburden, or impair the AcreScout Website or any other Service. You will abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with Company. Users violating any of these terms may face terminated use of AcreScout and possible legal action.

Registered Customers grant AcreScout permission to communicate with them via email, phone, fax, and other communication channels regarding membership information, system messages, Service updates, and other messages. Under no circumstances will AcreScout and Hatchfire have any liability for using communication channels to contact You. The ability to opt out of marketing messages is available.

LICENSE FROM Hatchfire
Hatchfire gives You personal, royalty-free, non-assignable, and non-exclusive license to use the AcreScout Services provided to you by Hatchfire. AcreScout retains all rights, title, and interest in the AcreScout Website. You may not disassemble, decompile, reverse engineer, copy, merge, use, disclose sell, or transfer any part the underlying source code of the AcreScout Website and Services. You may not alter or delete author attributes or copyright notices.

DISCLAIMERS
AcreScout is not responsible or liable in any manner for any Content posted on Service. Although AcreScout provides rules for user conduct and postings, Company does not control and is not responsible for what users post, transmit, or share on the Website and is not responsible for any inappropriate, unlawful, offensive, obscene, or otherwise objectionable content you may encounter on Service with any Content. AcreScout is not responsible for the conduct, whether online or offline, of any user of Service. AcreScout does not guarantee and does not promise any specific results from use of Service.

AcreScout assumes no responsibility for the unavailability, interruption, error, deletion, omission, defect, delay, failure, theft, destruction, unauthorized access, or altercation of Service or any Content. AcreScout's Service and Content is provided "AS-IS," and Hatchfire disclaims any and all representations and warranties, whether express or implied, including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement.

LIMITATION OF LIABILITY
In no event will Hatchfire or its directors, employees, and agents be liable to You or any third person for any indirect, consequential, exemplary, incidental, special, or punitive damages, including for any lost profits or lost data arising from your use of Service, even if Hatchfire is aware or has been advised of the possibility of such damages. Hatchfire's liability to You for any cause whatsoever, and regardless of the form of action, will at all times be limited to the amount paid, if any, by You to Company during the term of use.

THIRD PARTY WEBSITES AND CONTENT
AcreScout contains hyperlinks to other Websites ("Third Party Websites") as well as photographs, information, and other Content operated by parties other than Hatchfire, which are beyond the control of Hatchfire. AcreScout does not monitor, investigate, or check such Third Party Websites for accuracy, completeness, or appropriateness. AcreScout is not responsible for any Third Party Websites or Content accessed through Service. Third Party Websites are not endorsed or approved by AcreScout. You must access Third Party Websites at your own risk.

GOVERNING LAW; VENUE AND JURISDICTION
By using AcreScout, You agree that the laws of the State of South Carolina, without regard to conflict of laws principles will govern these Terms of Service and any dispute of any sort that might be between You and Hatchfire or any of our affiliates. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of Georgetown County, South Carolina for the adjudication of any disputes or claims arising out of and/or related to this Agreement.

QUESTIONS
All questions concerning this Agreement should be directed to:

Hatchfire, Inc.
Attention: Chief Operating Officer
23 Tara Drive
Pawleys Island, SC 29585.

Last Updated: August 6, 2008