BY ENTERING INTO THIS AGREEMENT, YOU AGREE THAT YOU UNDERSTAND THIS AGREEMENT AND AGREE TO ALL OF ITS TERMS AND CONDITIONS HEREIN. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE SERVICES.
The Services are owned and operated by USBestHome Company, a technology-powered real estate brokerage headquartered at 1300 E St., Woodbridge, VA 22191. Our Services are, in whole or partially accessible through the site. Hence, your use of and access to each Service is subject to these Terms.
PLEASE NOTE: WHERE ALLOWED BY APPLICABLE LAW, WHEN YOU AGREE TO THIS AGREEMENT AND THESE TERMS, YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY CLAIM BETWEEN YOU AND THE USBESTHOME COMPANY THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. THIS AGREEMENT ALSO CONTAINS A CLASS ACTION WAIVER.
1.0. OPERATIONAL DEFINITION OF TERMS
1.1. AGREEMENT: This agreement is between USBestHome and its clients.
1.2. YOU/USER/CLIENT: An individual who signed-up and is authorized to access US Best Home’s website.
1.3. OUR or WE: Refers to the USBestHome Company.
1.4. CLAIM: Any dispute or controversy arising between you and the USBestHome Company.
1.5. AAA/AAA RULES: The American Arbitration Association/the Consumer Arbitration Rules of the AAA.
1.6. FEEDBACK: Comments and suggestions for improvements in connection with the Website and Services.
1.7. THIRD PARTY CONTENT: The content, information, or other materials provided by a third party, including, without limitation the content and information other users of the Services provide to us or upload to the Services, excluding any personally identifiable information, the collection, processing, or any other use of which is governed by the USBestHome Company Privacy Notice.
1.8. YOUR CONTENT: Your personal data, content, information, ideas, comments, property information, listing information, photos, or other materials that you provide to us or upload to the site, excluding any personally identifiable information, the collection, processing, or any other use of which is governed by the USBestHome Company Privacy Notice.
To be eligible to use the US Best Home’s site, you must:
- be eighteen (18) years old and above and be able to conform to the applicable rules as found here;
- sign up completely;
- provide correct, sufficient, and updated contact information.
By using this site, you agree and warrant that you meet all the criteria listed above, and you won’t use this website in any way against any laws or regulations. USBestHome reserves the right to refuse service, deactivate accounts of any user and review eligibility requirements at any time.
US Best Home reserves the right to change the terms, conditions, and notices under which the website is offered. This includes but is not limited to the charges associated with the use of the website.
4.0. LINKS TO THIRD PARTY SITES
This website may contain links to other websites (“linked sites”) as they are provided to you only as a convenience. The Linked Sites are not under the control of USBestHome and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. USBestHome is not responsible for webcasting or any other form of transmission received from any Linked Site. The USBestHome Company is also not responsible for and do not endorse any features, content, advertising, products or other materials on or available through Third Party Sites, even if originally accessed via a link on our website.
5.0. INTELLECTUAL PROPERTY RIGHTS, LICENSE AND OWNERSHIP
5.1. USBestHome Company Intellectual Property
Except as otherwise provided in this Agreement, the USBestHome Company and their licensor own all right, title, and interest in and to the Services and all materials and information (including source code, data, text, and images) contained on or in the services, and you acknowledge that all such content is protected by copyright, trademark, and other laws of the United States and foreign countries.
5.2. License Granted to You
The USBestHome Company, as applicable, grants you a limited, personal, non-exclusive, non-transferable, non-sub licensable, revocable license to access, view, and use the Services so long as your use complies with this Agreement, and any other applicable policies. Unless you are otherwise explicitly granted permission, this Agreement does not grant you any right or license with respect to any trademarks, service marks, graphics, or logos.
You shall not modify, reverse-engineer, reproduce, redistribute, create derivative works based upon, or attempt to commercially gain from your use or misuse of our services, or any of their components, except as permitted by the company. You shall not use any meta-tags or other hidden text using any USBestHome Company name, trademark, service mark, graphic or logo without the respective USBestHome Company’s specific written permission.
You shall not remove, obscure, or modify any copyright or other intellectual property notices that appear on this site. You shall not use our Services in any way that violates any law or regulation, this Agreement, any of the USBestHome Company policies, or any third party policy, that applies to you. You shall not use our services in any manner that harms the USBestHome Company, our service providers, other users of the Services, or any other person.
We may revoke your permission to access and use the Services or terminate your access to use our Services, and we may block or prevent you from accessing the Services, in our discretion. If you violate these Terms or the Agreement, your permission to access and use the Services is automatically revoked.
5.4. No Right to Reproduce
5.5. No Scraping or Scrubbing
You shall not automatically crawl or query our services for any purpose or by any means (including, without limitation, screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Services) unless you have received prior written permission from the USBestHome Company.
You may give the USBestHome Company Feedback. You hereby assign to the USBestHome Company all of your right, title, and interest in and to the Feedback. Hence, you hereby grant the USBestHome Company a perpetual, irrevocable, transferable, sub licensable, royalty-free license to use the Feedback in any manner in which the USBestHome Company see fit. You hereby irrevocably waive, to the fullest extent as permitted by applicable law, any claims and assertions of moral rights or attribution with respect to your Feedback.
5.7. Reservation of Rights
Except for the limited licenses granted in this Agreement, we reserve all of our rights, interests, and title in and to our Services.
6.0. YOUR CONTENT AND REPRESENTATIONS
6.1. Your Content
You grant to the USBestHome Company a universal, non-exclusive, transferable, sublicensable, and royalty-free license to use, reproduce, modify (for formatting purposes only), distribute, and perform and display publicly Your Content (excluding Feedback) in connection with provision of our Services to you or otherwise in connection with your permitted use of our Services. In addition to any of Your Content that is made available through the Services, we may share Your Content with our affiliates, service providers and/or subcontractors in order to deliver, develop, or improve the Services.
You hereby irrevocably waive, to the fullest extent as permitted by applicable law, any claims and assertions of moral rights or attribution with respect to Your Content. Notwithstanding anything in the Agreement to the contrary, the USBestHome Company has no obligation to store or display Your Content. The USBestHome Company may, but is not obligated to, monitor, modify, or remove Your Content at any time in their sole discretion. You agree that the USBestHome Company may promote and market Your Content in connection with the Services.
6.2. Your Representations
You represent and warrant that (i) you have the ability to enter into this Agreement and grant all assignments, licenses, and permissions contemplated or contained herein; (ii) your use of the Services will be in compliance with all laws, regulations, this Agreement, any USBestHome Company’s policies, and third party policies, if and as applicable to you; and (iii) Your Content and any Feedback are original to you and do not infringe, misappropriate, or otherwise violate the rights, including any intellectual property rights or rights of publicity or privacy, of any person.
7.0. PROVISION OF SERVICES AND COMMUNICATIONS WITH YOU
To access or use certain Services or features of our Services, you may need to register and create an account with the USBestHome Company. For purposes of responding to you and providing you with information and notices about your account or our Services, you agree that we may communicate with you through the contact information linked to your account. We have no liability rising from your failure to maintain accurate contact or other information, including, without limitation, your failure to receive critical information about the Services. When you request information from us, you are extending an express invitation for us to contact you.
7.1. Value Added Services
The USBestHome Company may offer some free value-added services in form of advertising like but not limited to 3D tours, professional pictures, and lock box installation. The prices of such services and the values they stand for will be listed or charted on our site but in case their respective owners’ default, the company shall recover these costs (for services that were provided) alongside any legal fees associated with the reimbursement.
The USBestHome Company may offer forums where you can post your observations and comments on designated topics or on public boards. For certain Services, account holders can create forum topic threads. The USBestHome Company, in their sole discretion, may close or transfer threads, or modify or remove content from them. Please note that everything you share in a forum may be seen and used by other users of the applicable Services. No USBestHome Company is responsible or liable for anything posted by non-USBestHome Company persons on the forums nor is the USBestHome Company responsible or liable for monitoring the content or activities associated with the forums.
If you have created an account to access our services, you may deactivate your account at any time by visiting your Account Settings or you may contact the USBestHome Company’s Customer Service. You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue our services, in whole or in part, with or without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.
You agree to defend, indemnify, and hold the USBestHome Company, and its respective agents, employees, directors, officers and representatives harmless from and against all claims and expenses (including, without limitation, reasonable attorneys’ fees and costs) arising out of (a) your failure to comply with applicable laws, regulations, this Agreement, any USBestHome Company’s policies, and third party policies, if and as applicable to you; (b) Your Content and Feedback; (c) the USBestHome Company’ use of Your Content and Feedback as contemplated or permitted under this Agreement; or (d) any activity in which you engage on or in the Services.
THE INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
US BEST HOME MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME. THE US BEST HOME COMPANY PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE US BEST HOME COMPANY DO NOT CONTROL OR VERIFY THIRD-PARTY CONTENTS FOR ACCURACY. HENCE, ANY ADVICE RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR ACCURATE ADVICE THAT IS TAILORED TO YOUR SITUATION.
THE USBESTHOME COMPANY IS NOT RESPONSIBLE FOR, AND MAKES NO REPRESENTIONS OR WARRANTIES REGARDING, THE DELIVERY OF ANY MESSAGES (SUCH AS POSTING OF ANSWERS OR TRANSMISSION OF ANY CONTENT) SENT THROUGH THE SERVICES. WE ALSO HAVE NO OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS USING OUR SERVICES, NOR ANY OBLIGATION TO MONITOR THE USE OF OUR SERVICES. THE USBESTHOME COMPANY DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS.
THE USBESTHOME COMPANY DOES NOT MAKE ANY GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS AND THEREFORE DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS.
THE VIEWS EXPRESSED ON THE SERVICES IN THIRD PARTY CONTENT, INCLUDING, WITHOUT LIMITATION, POSTS TO FORUMS, DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF THE USBESTHOME COMPANY.
12.0. LIMITATIONS OF LIABILITY
IN NO EVENT WILL THE USBESTHOME COMPANY OR ANY OF THEIR AGENTS, EMPLOYEES, DIRECTORS, OFFICERS OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS, THE AGREEMENT, OR YOUR USE OF OUR SERVICES, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST THE USBESTHOME COMPANY, ITS AGENTS, EMPLOYEES, DIRECTORS, OFFICERS OR REPRESENTATIVES WITH RESPECT TO THIS AGREEMENT OR OUR SERVICES, THEN EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR ACCOUNT FOR SUCH SERVICES, IF APPLICABLE, AND/OR DISCONTINUE USING OUR SERVICES.
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision.
13.1. Amendments to the Agreement
13.2. No Waiver Clause
Our failure to act with regards to a breach of this Agreement or any term or condition herein by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
You shall not delegate or assign any rights or obligations under this Agreement. Any purported assignment or delegation by you shall be ineffective. We may freely delegate or assign all rights and obligations under this Agreement, fully or partially, without notice to you. We may also substitute, by way of unilateral notation, effective upon notice to you, a Company for any third party that assumes our rights and obligations under this Agreement.
14.0. DISPUTE RESOLUTION
THIS SECTION 14.0 APPLIES TO THE FULLEST EXTENT PERMITTED BY PERTINENT LAW, AND IS VOID WHERE PROHIBITED BY LAW. This arbitration provision shall also survive termination of the Agreement.
14.1. Governing Law
Except otherwise stated, you hereby accept and submit to the personal jurisdiction of the applicable courts in accordance and with respect to any legal actions, suits or proceedings, and waive any jurisdictional or venue defenses otherwise available. The United Nations Convention on Contracts for the International Sale of Goods, and the International Sale of Goods Act (British Columbia) will not apply in any way to this Agreement or to the transactions contemplated by this Agreement.
14.2. Informal Negotiations
To speed up resolution and reduce the cost of a Claim, you and the USBestHome Company agree to first attempt to negotiate such claim informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your personal home address as provided by you, alongside your email address. If necessary to preserve a Claim under any applicable statute of limitations, you or the USBestHome Company may initiate arbitration while engaging in the informal negotiations.
14.3. Binding Arbitration and Class Action Waiver
You and the USBestHome Company agree that any claim between you and the USBestHome Company will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. This Section 14.3 is governed, in all respects, both procedurally and substantively, by the United States Federal Arbitration Act. You and the USBestHome Company thereby agree that you are each waiving the right to a trial by jury or to participate in a class action.
YOU AND THE USBESTHOME COMPANY AGREE THAT IT MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Furthermore, if the parties’ Claim is resolved through arbitration, the arbitrator shall not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding (the two foregoing sentences shall constitute the “Class Action Waiver”. If this Class Action Waiver is found to be unenforceable, then the entirety of this Section 14.0 shall be null and void.
SUBJECT TO THE ABOVE, THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO CLAIMS COVERED BY THIS AGREEMENT.
If any other provision of this Section 14.0 requiring that Claims be brought only on an individual basis and not on a class, collective, or representative basis, is determined to be invalid or unenforceable with respect to any particular Claim, then that Claim shall not proceed in arbitration but rather will be resolved in a court of competent jurisdiction. However, if that happens, the arbitration provisions in this Section 14.0 will still be fully enforceable as to all other Claims, which must be resolved either in arbitration or on an individual basis. Any arbitrable Claims will be resolved before non-arbitrable Claims, which the parties will jointly request to be stayed pending the conclusion of arbitration.
14.4. Exceptions and Opting-Out
Nothing in this Section 14.0 precludes any party from filing or participating in administrative proceedings before state, provincial/territorial, or federal agencies to address alleged violations of law enforced by those agencies. Upon receipt of a right-to-sue letter or a similar administrative decision, the Claim can only be resolved in individual arbitration pursuant to the terms of this Agreement.
This Section 14.0 also does not prevent any party from applying to a court of competent jurisdiction for any interim or provisional relief available under the law that is necessary to protect the rights of that party, pending the establishment of the arbitral tribunal. This Section 14.0 also does not prevent any party from filing any Claim that otherwise qualifies in small claims court on an individual basis.
In addition, you will retain the right to opt out of arbitration entirely and litigate any Claim if you provide the USBestHome Company with whom you are entering into this Agreement with written notice of your desire to do so by regular mail at 1300 E St., Woodbridge, VA 2219, within thirty (30) days following the date you first agree to this Agreement.
14.5. Equitable Remedies
Except for individual Claims brought in small claims court, the arbitrator shall determine all issues of liability on the merits of any Claim asserted by you or the USBestHome Company, and may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Claim. In case you or the USBestHome Company prevail on a Claim in arbitration and seek injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public, the entitlement and extent of such relief must be litigated in a civil court of competent jurisdiction, and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual Claims in arbitration.
14.6. Rules and Logistics Governing Arbitration
The arbitration will be conducted by the AAA under its AAA Rules then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. Any party that wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The Demand form for Arbitration is provided at www.adr.org.
If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim is above U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
14.7. Arbitration Costs
Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. The applicable USBestHome Company will pay for all filing, administration and arbitrator fees and expenses if your Claim is for less than $10,000, unless the arbitrator finds your Claim frivolous. If the USBestHome Company prevails in arbitration, the company will pay all of its own attorneys’ fees and costs and will not seek to recover them from you. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses as provided under applicable law.
14.8. Delivery of Demand for Arbitration
A demand for arbitration must be in writing and delivered by hand or first-class mail to the other party within the applicable statute of limitations period. Any demand for arbitration shall be provided to the USBestHome Company. Any demand for arbitration made by the USBestHome Company shall be provided to the last address on file with the USBestHome Company. The arbitrator shall resolve all disputes regarding the timeliness or propriety of the demand for arbitration.
14.9. Effect of Changes on Arbitration
If we change any of the terms of this Section 14.0 after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any of such changes by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Claim between you and the USBestHome Company in accordance with the terms of this Section 14.0 as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
14.10. No Injunctive Relief
In no event shall you seek or be entitled to injunctive, rescission, or other equitable relief, or to enjoin or restrain the operation of the Services.
15.0. FORCE MAJEURE
The USBestHome Company will NOT be held RESPONSIBLE for any FAILURE or DEFERMENT in the PERFORMANCE of any part/portion of our provided services/features, for any reason beyond our control. This includes causes like changes to law/regulations, prohibitions, acts of God, war, terrorist/hackers’ acts, third party ISPs, riots, nuclear accidents, power blackouts and natural disasters.
16.0. SUSTAINABILITY OF THIS AGREEMENT
In case this Agreement is terminated, some sections herein will still be preserved. The sections are: Intellectual Property Rights, License and Ownership, Liability Limitations, Severability, Indemnification, Governing Law, and This Agreement.
17.0. OTHER NOTICES
All other notices and required or allowed communication under this Agreement shall be received or given in formal writing to each party at their corresponding addresses through hand delivery, or certified mail return receipt demanded, or by nationwide recognized overnight delivery service. All notices shall be effective upon reception. All notices sent or mailed in the above-described method shall be considered provided for all purposes at the time as it is delivered to the recipient.
17.1. Copyright Policy
17.1.1. Notification of Copyright Infringement
It is the USBestHome’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, USBestHome will respond expeditiously to claims of copyright infringement committed using the USBestHome Company’s website that are reported to USBestHome’s Designated Copyright Agent, identified in the sample notice below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Sites by completing the following DMCA Notice of Alleged Infringement and delivering it to USBestHome’s Designated Copyright Agent. Upon receipt of the Notice as described below, USBestHome will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the website.
17.1.2. DMCA Notice of Alleged Infringement
- Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this DMCA Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the website where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
Deliver this DMCA Notice, with all items completed, to USBestHome’s Designated Copyright Agent:
USBestHome Legal Department,
1300 E St.
Woodbridge, VA 22191.
This Agreement between you and USBestHome Company supersedes any other contemporary agreements, proposals or depictions, whether in oral or writing, or whether established by custom, practice, policy or precedent, concerning all matter addressed herein. You agree that this Agreement constitutes the entire, complete, and exclusive agreement between you and the Company regarding our services. Thus, there should be no modification, alteration, or waiver of any part of this agreement.
You also may be subject to additional terms and conditions that may apply when you use or receive certain services, which are reflected in the applicable Services Addendum or otherwise communicated to you by the USBestHome Company.
ADDENDUM: USBESTHOME SERVICES
Welcome to our Services Addendum! This “USBestHome Services Addendum” is hereby incorporated into and is a part of the overall Agreement between you and the USBestHome Companies. The terms of this USBestHome Services Addendum supplement the terms of the Agreement with respect to the USBestHome Services (defined below) and in the event any term of this USBestHome Services Addendum directly conflicts with a term of the Agreement, the term contained in this USBestHome Services Addendum will control.
The USBestHome Services are offered by USBestHome and by accessing, downloading, or using any portion of the USBestHome Services, you signify that you accept the terms of this USBestHome Services Addendum as between you and USBestHome.
1.0. DEFINITION OF TERMS
1.1. Agent: a licensed real estate agent in the jurisdiction in which the agent is performing services.
1.2. MLS: multiple listing service.
1.3. USBestHome: the USBestHome Company.
1.4. USBestHome Agent: an Agent employed or otherwise acting directly on behalf of USBestHome pursuant to a written agreement between USBestHome and the Agent. For clarification, USBestHome Agents do not include Agents participating in the USBestHome Partner Program.
1.5. USBestHome Client: a person who has entered into an agreement with a USBestHome Agent for the purpose of listing, selling, or buying a property in connection with the USBestHome Services.
1.6. USBestHome Partner Program: means the partner program offered by USBestHome for Agents who are not USBestHome Agents.
1.7. USBestHome Services: the USBestHome website and the services provided by or for USBestHome through the USBestHome website that are not otherwise covered by the USBestHome Agent Agreements.
1.8. USBestHome Sites: USBestHome.com, and other websites and mobile applications through which USBestHome may offer services.
All other capitalized terms will have the meaning as provided elsewhere in this USBestHome Services Addendum or in the Agreement.
2.0. USBESTHOME SERVICES TERMS
2.1. You are required to enter into a separate listing or buyer agreement to become a USBestHome Client and list your home or buy a home using the services of a USBestHome Agent (the “USBestHome Agent Agreements”). The USBestHome Agent Agreements are not covered here or by the Agreement.
2.2. Who May Use the USBestHome Services: To use the USBestHome Services, you must be a resident of the United States or Canada.
2.3. Permissible Use of the USBestHome Services: Except otherwise stated under the USBestHome Partner Program, you acknowledge and agree that you are a homeowner or that you are an Agent acting directly on behalf of a homeowner. You agree to use the USBestHome Services only for residential real estate transactions and not for commercial real estate transactions of any kind. You agree that any listing information you post is about your or your client’s home. You will not assert ownership rights of any kind in any listing information not provided by you.
2.4. Provision of Services: To access certain features and tools offered by USBestHome or its service providers in connection with the USBestHome Services, you may need to register with USBestHome or its service providers. You agree to provide accurate, true, current, and complete information to USBestHome. The personal information you provide in connection with the USBestHome Services will be protected as described in our Privacy Notice. You are responsible for all activities related to the USBestHome Services that occur through your account and password. You agree to keep your password confidential, not use other people’s accounts, nor permit others to use your account. We reserve the right to terminate accounts in our sole discretion.
2.5. Submitting Content to USBestHome Services.
2.5.1. Permissible Submissions: You may submit Your Content (including those reviews described in Section 2.5.8 below) in accordance with this Agreement, including, without limitation, the Listing Submission Guidelines (see Section 2.5.3) and the Community Guidelines (see Section 2.5.4) in this USBestHome Services Addendum.
2.5.2. Representations: You represent and warrant that (I) Your Content is original to you and does not infringe, misappropriate, or otherwise violate the rights, including any intellectual property rights or rights of publicity or privacy, of any person; (ii) Your Content does not contain any obscene, libelous, defamatory, abusive, or inappropriate content; and (iii) USBestHome’s use of Your Content you provide will not infringe, misappropriate, or otherwise violate the rights, including any intellectual property rights or rights of publicity or privacy, of any person. You are solely responsible for Your Content.
2.5.3. Listing Submission Guidelines.
18.104.22.168. Listings may only be posted to, or updated on, the USBestHome Services by the owner of the listed property (e.g., a For Sale by Owner listing) or by the contracted, exclusive listing Agent for such listing. USBestHome may require that you provide proof you are the owner of the subject property or that you have an exclusive right to post or advertise the listing (e.g., by requiring a copy of the listing agreement). If USBestHome is unable to verify that you are the homeowner or are the contracted, exclusive listing Agent, USBestHome may remove the listing at any time in its sole discretion.
22.214.171.124. If you are an Agent providing a listing to or through the USBestHome Services, you hereby acknowledge and agree that:
(a) the owner of the home that is the subject of your listing has provided his/her consent and authorized you to post the listing to the USBestHome Services and doing so does not violate any term of your agreement with, or legal duties owed to, the owner of the home;
(b) your broker has authorized you to post the listing to the USBestHome Services and doing so does not violate any term of your agreement with, or legal duties owed to, your broker;
(c) you have complied with all relevant laws, regulations, and policies, including those overseen or enforced by the applicable real estate licensing regulatory authorities, the applicable MLS and any applicable realtor’s association, including as applicable the ASSOCIATION OF REALTORS©; and
(d) You are only submitting information that you know to be true and accurate, and you will update or remove your listing submitted to the USBestHome Services immediately if you become aware that information included therein is or becomes untrue or inaccurate.
2.5.4. Community Guidelines: All of Your Content, including listing submissions, must comply with this Agreement, including these Community Guidelines, all as may be interpreted by USBestHome in its sole discretion. You hereby acknowledge and agree to comply with the following Community Guidelines:
126.96.36.199. Be respectful: We welcome debate, but we will not tolerate personal attacks or defamatory statements about other users, clients, customers or agents. Please avoid controversial topics such as race, politics, religion, and sexuality.
188.8.131.52. Be truthful: Ensure you only post information that is true and accurate. Also, do not misrepresent your identity or your affiliation with another person or entity. If you submit a review, your review must reflect your true and honest opinion of and experience with the provider, product, or service you review, and you must disclose any incentive you received for providing your review (e.g., if you received any discount for providing the review or you are connected (e.g., through familial relationship or employment) to the subject of the review).
184.108.40.206. Submit only what you have a right to submit: Do not submit or post any content that violates any applicable law or that infringes copyright or other intellectual property rights, including in the photos and written content that you submit. Do not submit information about real estate properties you do not own, unless you are authorized to do so as the contracted, exclusive listing Agent for that property.
220.127.116.11. Respect privacy and confidentiality: Do not publicly post the personal or private information of others or other peoples’ contact information. This also includes communications from community administrators and moderators. In general, never publicly disclose any sensitive or confidential information.
18.104.22.168. No solicitation: Real estate agents, brokers, salespersons, and other professionals are welcome on the USBestHome website, but not to promote their services. You can include information about your brokerage business in Your Content, but you cannot include your brokerage business’s general contact information or website addresses. Do not embed any marketing information in listing photos or videos, including an agent’s name, company or brokerage name, logo, phone number, or email address. (Where available, USBestHome will display the name, photo, license number, brokerage name, phone number, and/or email address of listing Agents who submit listings to the Services).
22.214.171.124. No spamming: Never post advertising, spam, scams, junk mail, or chain letters.
126.96.36.199. No illegal or offensive posts: Never submit or post anything that contains abusive, inflammatory, libelous, threatening, illegal, obscene, or pornographic content.
188.8.131.52. No discrimination: Never post any content that expresses a discriminatory preference, even implicitly.
184.108.40.206. No individual identification: Never post any information that identifies any individual person whether such person is a property-owner or otherwise, or any information that could be used to identify any individual person, except for any Agent, salesperson, or broker associate with the applicable property.
2.5.5. MLSs (Multiple Listing Services) Not Responsible for Submissions: The MLSs are not responsible or liable, directly or indirectly, in any way, for any loss or damage of any kind incurred as a result of, or in connection with, your or any other user’s use of or reliance on any listing information, any related data, or posted or hyperlinked comments or reviews on the USBestHome Sites.
2.5.6. MLSs Do Not Endorse Submissions: The MLSs do not endorse any posted or hyperlinked comments or reviews on the USBestHome Sites.
2.5.8. Open Book: We may publish local reviews of real estate service providers by USBestHome Clients (escrow companies, title companies, lenders, home inspectors, lawyers, and others) in our ‘Open Book’ section of the USBestHome Services or another portion of the USBestHome Services. We publish the reviews, even if they are not good. If we have an email address for the provider, we may, at our discretion, let them know that they have been reviewed and allow them to respond. Real estate service providers or USBestHome Clients who have questions can contact openbook@USBestHome.com.
2.6. Partner Agent Program: USBestHome is not responsible for the work performed or the services provided by Agents in connection with the Partner Agent Program.
2.7. Equal Housing Opportunity: USBestHome is pledged to the letter and spirit of United States and Canadian policy for the achievement of equal housing opportunity throughout the areas in which we offer USBestHome Services and to compliance with all applicable human rights legislation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, sexual orientation, gender identity or expression, handicap, familial status, national origin, or other legally protected group.
2.8. USBestHome Services Content.
2.8.1. Neighborhood Location Outlines: Any neighborhood outlines that appear on the USBestHome Site or USBestHome Services have been supplied by BRE LLC.
2.8.2. School Ratings and Reviews: Where available, Great Schools’ ratings are provided by GreatSchools.net.
2.9.1. You are entering into a lawful consumer-broker, seller/buyer-brokerage, or similar relationship with USBestHome (as defined by applicable state or provincial/territorial law). You have no obligation to work with USBestHome and you can terminate your account with USBestHome at any time. Any information you obtain from the USBestHome website is intended for your personal, non-commercial use.
2.9.2. You have a genuine interest in the purchase, sale, or lease of real estate on the USBestHome Sites.
2.9.3. You will not copy, redistribute, or retransmit any of the information provided except in connection with your consideration of the purchase or sale of an individual property.
2.9.4. You will not, directly or indirectly, display, post, disseminate, distribute, publish, broadcast, transfer, sell, or sublicense, any information provided through the Services to another individual or entity. This prohibition expressly includes “scraping” (including database and screen scraping), “data mining”, or any other activity intended to collect, store, re-organize, summarize, or manipulate any information provided or any related data.
2.9.5. You acknowledge that the individual MLS that supplies the listing data is the owner of such data and you acknowledge the validity of the MLS’s system, and MLS’s proprietary rights and copyright to such data and any related data.
2.9.6. USBestHome also explicitly authorizes MLS employees, MLS members, or their duly authorized representatives to access USBestHome’s website for the purposes of verifying compliance with MLS rules and monitoring the display of participants’ listings on USBestHome’s site.
2.9.7. USBestHome makes no guarantees as to the reliability, accuracy, or up to date nature of any information from MLS sources.
2.9.8. Additional disclosures apply to residents of Colorado, Kansas, Missouri, New York, North Carolina, Rhode Island, South Carolina, and Texas.
2.10. Location-Specific Agreements and Disclaimers for MLSs and other Data Providers. The USBestHome receives the home listing information from many listing sources.
2.11. General and Legal Notices: You may contact us here or via mail or through courier to our current address at 1300 E St., Woodbridge, VA 22191.