Terms & Conditions

Last updated: October 29, 2026

Welcome to OrchardSmart. These Terms of Use (“Terms”) explain the rules for using orchardsmart.com (the “Site”). Please read them carefully. If you have questions, email us at [email protected].

1. Acceptance of these Terms

By accessing or using the Site, creating an account, submitting a listing, or contacting an agent through the Site, you agree to these Terms and to our Privacy Policy. If you do not agree, please do not use the Site.

OrchardSmart is part of the VineSmart family of websites. It is an online marketplace focused on orchard, farm, ranch, and other agricultural real estate, primarily in California. The Site lets visitors browse listings, save favorites and searches, and contact the agents or sellers who list properties. In these Terms, “OrchardSmart,” “we,” “us,” and “our” refer to the operator of the Site, and “you” refers to anyone who visits or uses it.

2. Accounts

Buyer and Agent accounts

When you register, you may choose a Buyer account or an Agent account:

• Buyer accounts let you save favorite properties and searches, manage your profile, and contact listing agents.
• Agent accounts are for licensed real estate professionals and authorized sellers who wish to list properties. Agent requests are reviewed before approval, and an Agent account is not active as an agent until we approve it.

Accurate information

You agree to provide accurate, current, and complete information when you register and to keep it up to date. You must be at least 18 years old to create an account. Agents agree that any license number, brokerage, or professional details they provide are true and current.

Approval, suspension, and account security

We may approve, decline, suspend, or remove any account or listing at our discretion, including if we believe information is inaccurate or these Terms have been broken. You are responsible for keeping your password confidential and for all activity under your account. Tell us promptly at [email protected] if you believe your account has been used without permission.

3. Cookies and similar technologies

Like most websites, the Site uses cookies and similar technologies (such as local storage). A cookie is a small text file stored by your browser. We use them to:

• keep you signed in and remember your session;
• remember preferences such as saved searches, favorites, and compare lists;
• protect the Site and its forms from spam and abuse (for example, security and anti-bot checks such as Google reCAPTCHA, where enabled);
• help the Site load quickly through caching and content-delivery services; and
• understand, in general terms, how the Site is used so we can improve it, if analytics tools are enabled in the future.

Some cookies are set by third-party services that help run the Site, such as our hosting and content-delivery providers, Google (for reCAPTCHA and embedded maps), and any embedded media. Those providers handle information under their own privacy policies.

Your choices: Most browsers let you view, block, or delete cookies in their settings. If you block essential cookies, some features — such as signing in, saving favorites, or submitting forms — may not work. At this time the Site does not display a separate cookie consent banner; by continuing to use the Site you acknowledge the use of cookies as described here. We may add a cookie banner or preference tool in the future.

4. Listings and information disclaimer

Please read this section carefully. Listings, prices, photos, acreage, water rights, wells and irrigation details, crop, tree, and yield information, zoning, permits, agent profiles, and other content on the Site are provided largely by agents, sellers, and other third parties, or are drawn from public or third-party sources.

• OrchardSmart is not responsible for incorrect, incomplete, outdated, or misleading information, including information supplied by agents, sellers, or other third parties.
• We do not independently verify listings, and we do not guarantee that any property is available, accurately described, priced correctly, or suitable for any purpose.
• Maps, boundaries, square footage, acreage, and photos may be approximate and may not reflect current conditions.
• You are responsible for verifying all information directly with the listing agent or seller and through your own inspections, surveys, title reports, water and well reports, soil and crop evaluations, and public records before making any decision.

OrchardSmart is an advertising and information platform. Unless expressly stated otherwise for a specific transaction, OrchardSmart is not a real estate broker or agent, does not represent buyers or sellers, and is not a party to any transaction. Using the Site is not a substitute for advice from a licensed real estate professional, attorney, accountant, appraiser, or agricultural expert.

5. User conduct and prohibited uses

You agree to use the Site lawfully and respectfully. You may not:

• post false, misleading, fraudulent, or discriminatory listings or content, including content that violates fair housing laws;
• impersonate any person, agent, or brokerage, or misrepresent your license status or affiliation;
• harass, spam, or send unsolicited commercial messages to other users or agents;
• scrape, copy, or harvest listings, contact details, or other data by automated means without our written permission;
• attempt to break, probe, overload, or bypass the security of the Site, or introduce malware;
• use the Site to violate any law or the rights of others, including privacy and intellectual property rights; or
• resell, frame, or republish Site content for commercial purposes without permission.

We may remove content and suspend or terminate access for any violation.

6. Intellectual property

The Site, including its design, logos, text, graphics, and software, belongs to OrchardSmart or its licensors and is protected by copyright, trademark, and other laws. You may view and print Site content for your own personal, non-commercial use. Listing content remains the property of the agent, seller, or other owner who provided it.

If you believe content on the Site infringes your copyright, please email [email protected] with a description of the work, where it appears on the Site, and your contact information, and we will review it promptly.

7. Agent and seller obligations

If you submit a listing or other content, you agree that:

• you are authorized to market the property and to publish all content you submit, including photos, descriptions, and documents;
• your listings are accurate, complete, and not misleading, and you will update or remove them promptly when details change or the property is sold or withdrawn;
• you hold any real estate license required by law and comply with all applicable laws and rules, including California Department of Real Estate requirements, advertising disclosure rules, and fair housing laws;
• you are solely responsible for your listings and your communications with users; and
• you grant OrchardSmart and the VineSmart family of sites a non-exclusive, royalty-free license to host, display, reproduce, resize, and promote your content in connection with operating and marketing the Site.

8. Disclaimer of warranties, limitation of liability, and indemnification

Disclaimer of warranties

THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not promise that the Site will be uninterrupted, error-free, or free of harmful components.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ORCHARDSMART AND ITS OWNERS, OPERATORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR OPPORTUNITY, ARISING FROM YOUR USE OF THE SITE, RELIANCE ON ANY LISTING OR INFORMATION, OR ANY DEALINGS WITH AGENTS, SELLERS, OR OTHER USERS. Our total liability for any claim relating to the Site will not exceed one hundred U.S. dollars (US $100). Some jurisdictions do not allow certain limitations, so some of these may not apply to you.

Indemnification

You agree to defend, indemnify, and hold harmless OrchardSmart and its owners, operators, and service providers from any claims, losses, or expenses (including reasonable attorneys’ fees) arising from your content, your use of the Site, or your violation of these Terms or any law.

9. Accessibility

OrchardSmart is committed to making the Site usable by as many people as possible, including people with disabilities. We are working toward conformance with the Web Content Accessibility Guidelines (WCAG) 2.x at Level AA and review the Site as we make updates, including text alternatives for images, keyboard navigation, readable color contrast, and clear form labels.

Some content and features come from third parties — such as listing photos and descriptions submitted by agents, embedded maps, video, reCAPTCHA, and other plugins — and may not be fully accessible. We will work with providers where we can, and offer alternatives where practical.

Report a barrier or request an accommodation: If you have difficulty using any part of the Site, or need information in another format, email [email protected] or use our Contact page. Please tell us the page address and the problem you encountered. We will make reasonable efforts to respond promptly and to provide the information or service you need through an alternative means.

10. Governing law, changes, and contact

Governing law

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Any dispute relating to the Site or these Terms will be brought in the state or federal courts located in California, and you consent to the jurisdiction of those courts.

Changes to these Terms

We may update these Terms from time to time. When we do, we will change the “Last updated” date above. Your continued use of the Site after changes are posted means you accept the updated Terms.

Other terms

If any part of these Terms is found unenforceable, the rest will remain in effect. Our failure to enforce any provision is not a waiver. These Terms and our Privacy Policy are the entire agreement between you and OrchardSmart about the Site.

Contact us

OrchardSmart — orchardsmart.com
Email: [email protected]
Or visit our Contact page.