AF SPACES TERMS & CONDITIONS
NOTICE: BY ACCESSING AND USING AMERICAN FIELD, INC.’S AF SPACES WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL BE BOUND BY AND WILL COMPLY WITH THE FOLLOWING TERMS AND CONDITIONS GOVERNING THE USE OF THE AF SPACES WEBSITE. ACCESS TO AND USE OF THE AF SPACES WEBSITE IS RESTRICTED TO THOSE BRANDS THAT HAVE REGISTERED WITH AMERICAN FIELD TO BECOME A SUBSCRIBING BRAND (a ”Subscribing Brand”) AND YOU AGREE THAT YOU WILL NOT USE THE AF SPACES WEBSITE UNTIL YOU HAVE DONE SO AND ONLY DURING THE TERM.
By Subscribing to AF SPACES, there are no costs or fees for the Subscribing Brand’s use of the AF Spaces Website during the Term. By working with AF employees, agents, accessing the AF SPACES website, any affiliated website, any subdomain or any mobile application for such websites, You, the Brand accessing the AF Spaces Website (or “Platform”), agrees to the following terms and conditions governing any such use:
SERVICE
By way of background, AF SPACES is an online platform and marketplace that connects those persons and entities that market and/or sell products and/or services (“Brands”) who are looking for physical space directly with certain owners or management companies of retail real estate properties (“Landlords”) in various locations around the country that have agreed to list some of their vacant real estate spaces on the AF Spaces Website (“ Subscribing Landlords”). Through the AF SPACES Platform, Brands can discover these listings, inquire, and communicate directly with the Subscribing Landlord through the Website’s messaging feature ( the “Messaging Feature”) to enter into an agreement to occupy or use the Subscribing Landlords’ vacant Spaces.
You acknowledge and agree to the following:
AF is not responsible for the accuracy or completeness of any information contained within any listing published to the AF Spaces Website or marketed directly to Brands. as Subscribing Landlords are solely responsible for inputting and publishing their listing information independently on the AF SPACES Website.
You, the Subscribing Brand, agree to receive marketing information about AF SPACES and listings via email. You agree to be contacted by Subscribing Landlords in regards to listings.
From time-to-time, messages between Subscribing Brands and Subscribing Landlords may be reviewed by AF to ensure quality of service for and compliance by both Subscribers.
You agree to keep the Subscribing Landlord’s listing information confidential and not share it with other Brands.
TERM
The initial term of this Agreement shall commence on your first use of or access to the AF Spaces Website and be for a period of one (1) year thereafter, and shall automatically renew on a yearly basis unless and until it is terminated in writing by either party prior to the end of the then current term (the “Term”). Upon expiration or termination of this Agreement, You will automatically and immediately discontinue access to and use of the AF Spaces Website. Any attempted or actual use thereof will be subject to the terms and restrictions herein.
FEES
There are no costs or fees for the Subscribing Brand’s use of the AF SPACES Website. The Subscribing Landlords will be responsible for paying American Field for any fees from any Agreement (as defined below) between Subscribing Brands and the Subscribing Landlord. Those fees may be based upon a percentage of the rent and other monies that the Subscribing Brand may pay to the Subscribing Landlord, whether based on a fixed amount or a percentage of sales, or a combination thereof. You agree to timely pay to the Subscribing Landlord monies owed under Agreements with the Subscribing Landlord. Upon request from American Field, You agree that You will provide American Field with information or documents that may enable American Field to determine or verify the amount of monies owed and/or paid by the Subscribing Brand to the Subscribing Landlord.
AGREEMENTS WITH SUBSCRIBERS
In the event that You, a Subscribing Brand, enter into an agreement with a Subscribing Landlord for the right to use any of its listed or unlisted spaces (an “Agreement”), You agree to notify American Field of the existence of the Agreement within 10 business days.
GENERAL TERMS
Subscribing Brands must and will comply with the terms of their Agreements with a Subscribing Landlord.
Subscribing Brands are responsible for insurance of their own property and for insurance against risks normally borne by occupiers of retail premises or otherwise specified by the Subscribing Landlord. If a Brand has any doubt about what insurance is required they should consult their own insurers or insurance brokers along with the insurance requirement specified in the applicable Agreement.
Any and all Agreements are made exclusively between Subscribing Landlords and Subscribing Brands. American Field: (i) is not a party to any agreements between a Subscribing Brand and a Subscribing Landlord and is not responsible for any obligations of either party thereunder; (ii) does not make or accept any offers, either in its own capacity or on behalf of any Subscribing Landlord and any Subscribing Brands or any other party; (iii) is not responsible for the accuracy of any of the data or information on the AF Spaces Website relating to any Landlord or any properties or spaces referenced on the AF Spaces Website, as it relies totally on information provided to it by the Subscribing Landlords; and (iv) disclaims all liability arising from or related to any agreement entered into between any Landlord and any Brand to the fullest extent permitted by law. Subscribing Brands are totally and solely responsible for conducting its own due diligence on any Subscribing Landlords, their properties and spaces and any representations made by them.
American Field does not at any time provide, or purport to provide any advice or advisory services to Landlords, Brands or any other party, in particular with respect to the commercial, financial, legal or any other consequences of any Agreement. American Field disclaims all liability relating to the provision of advice relating to any properties or spaces.
American Field makes no representations or warranties as to any Spaces, to any particular results being achieved or obtained, or being achievable or obtainable, from use of its services or the AF Spaces Website, or as to the introduction of any Brand to any Landlord or properties.
American Field will not be responsible for any damages, losses or liabilities of any kind, including without limitation, direct, indirect or consequential loss, damages or financial disputes arising out of any contractual agreements between any Landlords and any Brand(s).
NON-CIRCUMVENTION
If and to the extent that You learn through the AF Spaces Website of an opportunity to occupy or use any Space(s) listed on the AF Spaces Website (a “Listed Space”) and you make any efforts to contact the Subscribing Landlord of any such Listed Space(s) regarding that Space(s) or any other space within that Subscribing Landlord’s property or other properties, you agree that (i) You will communicate with the Subscribing Landlord through the Messaging Feature, and will not engage in any efforts to hinder, impair or prevent American Field from being made aware of the fact that You learned of the Subscribing Landlord’s Vacant or Listed Space through Your access to the AF Spaces Website; (ii) You will promptly notify American Field in writing or by email if, within eighteen months after You first inquire about the possibility of occupying or using a Listed Space, (a) that Subscribing Landlord or any of its Affiliates contacts You regarding the possibility of your entering into an Agreement for any spaces in any properties of the Subscribing Landlord or of its Affiliates; and/or, (b) You enter into an Agreement with such Subscribing Landlord or any of it’s Affiliates. Nothing contained in this paragraph will preclude You from entering into any Agreements with a Subscribing Landlord or any of its Affiliates, but merely places upon You an obligation to notify American Field of the above within the above-mentioned time frame.