Terms and conditions
Thanks for using Best Agent Today! Our mission is to help you thrive as a real estate agent by promoting you to home sellers and buyers in your market and by providing you useful and distinctive insights. These terms of service (the “Terms”) govern your access to and use of our services, client software, and website (collectively, the “Services”). Our Privacy Policy explains how we collect and use your personal information. By using our Services, you accept and agree to be bound by these Terms, as well as the terms of our Privacy Policy, which is incorporated herein by reference.
Your Content & Your Permissions
When you use our Services, you provide us with personal information and related content like photos, videos, your personal story, and similar content (“Your Content”). Your Content is yours. These Terms do not give us any rights to Your Content except for the limited rights that enable us to offer the Services. We need your permission to do things like hosting Your Content and sharing it when asked. Our Services also provide you with features like reviews, sharing, searching, social media posting, and personalization to help reduce busywork. To provide these and other features, Best Agent Today accesses, stores, and scans Your Content. By using our Services, you give us permission to do those things, and this permission extends to our affiliates and trusted third parties with whom we work.
Your Responsibilities
Content in the Services may be protected by third party intellectual property rights. Please don’t copy, upload, download, or share content unless you have the right to do so. Best Agent Today may review your conduct and content for compliance with these Terms. We are not responsible for the content people post and share via the Services. Help us keep Your Content protected. Safeguard your password to the Services, and keep your account information current. Please do not share your account credentials or give others access to your account. You may use our Services only as permitted by applicable law, including export control laws and regulations. Finally, to use our Services, you must be at least 13 years old (or older, depending on where you live).
Our Content
The Services are protected by copyright, trademark, and other U.S. and foreign laws. These Terms do not grant you any right, title, or interest in the Services, third party content in the Services, Best Agent Today trademarks, logos and other brand features. We welcome your feedback, but note that we may use comments or suggestions without any obligation to you.
Copyright 2436852_1
We respect the intellectual property rights of others and ask that you respect such intellectual property rights as well. We respond to notices of alleged copyright infringement if they comply with the law. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is: Copyright Agent Best Agent Today PO Box 541 Newmarket NH 03857 [email protected]
Account Billing and Payment Billing.
Billing. We will automatically bill you from the date that your membership (the “Membership”) becomes active (the “Membership Start Date”) and on each periodic renewal date of your Membership (each, a “Membership Renewal Date”) until cancellation. The Membership has a term of twelve (12) months. If you are on an annual or monthly payment plan, we will send you a notice email reminding you that your Membership is about to renew at least thirty (30) days prior to the Membership Renewal Date. If you are on an annual payment plan, we will charge your credit card in an amount equal to the annual subscription fee for the Membership renewal on the Membership Renewal Date unless you notify us of your cancellation of the Membership prior to the Membership Renewal Date. If you are on a monthly payment plan, we will charge your credit card in an amount equal to the first monthly installment for the Membership renewal on the Membership Renewal Date unless you notify us of your cancellation of the Membership prior to the Membership Renewal Date. You are responsible for all applicable taxes, and we will charge tax when required to do so. Some countries have mandatory local laws regarding your cancellation rights, and this paragraph does not override any such laws.
Payments: If you are paying with a credit card, debit card or other non-invoice form of payment, and have opted for our annual payment plan, the annual membership fee is due on the Membership Start Date and each anniversary thereof until your Membership is cancelled. If you are paying with a credit card, debit card or other non-invoice form of payment, and have opted for our monthly payment plan, the annual membership fee is due in twelve (12) equal monthly installment payments, with the first monthly payment being due on the Membership Start Date and the subsequent monthly installments due on the first calendar day of each successive month during the Membership term. For credit cards or debit cards, as applicable: (i) we will charge you for all applicable fees when due and (ii) these fees are considered overdue thirty (30) days after the end of the month during which you received the Services.
No Refunds
You may cancel your Membership at any time, but if you are on a monthly payment plan, we will continue to charge your credit card each month until the end of your Membership term. Refunds are only issued if required by law.
Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account. 2436852_1
Termination
You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if: (a) you are in breach of these Terms; (b) your use of the Services would cause a real risk of harm or loss to us or other users; or (c) you do not have a Paid Account and have not accessed our Services for twelve (12) consecutive months. We will provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export Your Content from our Services. If after such notice you fail to take the steps we ask of you, we will terminate or suspend your access to the Services. We will not provide notice before termination where: (a) you are in material breach of these Terms, (b) doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or (c) we are prohibited from doing so by law.
Discontinuation of Services
We may decide to discontinue the Services in response to unforeseen circumstances beyond our control or to comply with a legal requirement. If we do so, we will give you reasonable prior notice so that you can export Your Content from our systems. If we discontinue the Services in this way before the end of any fixed or minimum term you have paid us for, we will refund the portion of the fees you have pre-paid but have not received Services for.
Services “AS IS”
We strive to provide great Services, but there are certain things that we cannot guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, BEST AGENT TODAY AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Certain states do not allow the disclaimers set forth in this paragraph, so they may not apply to you.
Limitation of Liability
WE DO NOT EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO—THIS INCLUDES ANY LIABILITY FOR BEST AGENT TODAY’S OR ITS AFFILIATES’ FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. IN COUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSIONS ARE NOT ALLOWED, WE ARE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOES NOT AFFECT CONSUMER RIGHTS THAT CAN’T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT. 2436852_1 IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, BEST AGENT TODAY, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL NOT BE LIABLE FOR: i. ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; OR ii. ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY. THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT BEST AGENT TODAY OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS, OR RE-SALE PURPOSE, BEST AGENT TODAY, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. BEST AGENT TODAY AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF $20 USD OR 100% OF ANY AMOUNT YOU HAVE PAID UNDER YOUR CURRENT SERVICE PLAN WITH BEST AGENT TODAY FOR THE CURRENT MEMBERSHIP TERM.
Resolving Disputes
Let’s Try to Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against Best Agent Today, you agree to try to resolve the dispute informally by contacting [email protected]. We will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within thirty (30) days of submission, you or Best Agent Today may bring a formal proceeding. Judicial Forum for Disputes. You and Best Agent Today agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or state courts of Suffolk County, MA, subject to the mandatory arbitration provisions below. Both you and Best Agent Today consent to venue and personal jurisdiction in such courts.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS: We Both Agree to Arbitrate. You and Best Agent Today agree to resolve any claims relating to these Terms or the Services through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provisions” section, including its enforceability, revocability, or validity. Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Boston, Massachusetts.
NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. 2436852_1 If this specific paragraph is held unenforceable, then the entirety of this “Mandatory Arbitration Provisions” section will be deemed void.
Controlling Law
These Terms will be governed by the laws of the Commonwealth of Massachusetts law except for its conflicts of laws principles.
Entire Agreement These Terms constitute the entire agreement between you and Best Agent Today with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
Waiver, Severability & Assignment
Best Agent Today’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Best Agent Today may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
Modifications
We may revise these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so that you are aware of any changes, as they are binding on you.
