Terms of Use & Service

These Terms of Use & Service (the “Terms” / the “Agreement”) are an agreement between Really Estate, doing business as Better Center (the “Company” / “Better Center” / the “Website” / “we”) and any individual who is a user of Better Center.

Company language for policies:
This Agreement applies to better-center.com and Really Estate dba as Better Center (“Company”). The Company operates in the United States of America.

Browsing the Website, its use, or viewing the information in it constitutes the acceptance of all the terms of the Agreement. In case you do not agree with any condition of the Agreement, immediately close the Website and stop any use of it.

Please note: This Agreement contains a binding arbitration provision in Section 12 that affects your rights under this Agreement with respect to all service(s). The arbitration provision requires that disputes be resolved in arbitration on an individual basis. In arbitration, there is no judge or jury and there is less appellate review than in court.

Furthermore, this Agreement contains disclaimers of warranties, limitations of liability, and a class action waiver.

All the policies, which may be adopted or introduced by us from time to time, including but not limited to Privacy Policy, Cookie Policy, Subscription Policy and Refund / Money-Back Policy (if applicable) constitute an integral part of this Agreement and are incorporated into this Agreement by reference.

We may change these Terms on this page of the Website. We may notify you specifically about some critical changes but are not obliged to do so in every case. Use of the Website after any changes are made means that you accept such changes. After getting notice of changes of the Terms, if you do not object and opt-out of the amended Terms within fourteen (14) days, the amended version of the Terms is binding upon you.

1. Service

Better Center allows you to access digital services and digital content (the “Service”). You may need to create an account in order to access the Service.

In course of registration of an account, you need to provide us a valid email address, password and/or other information as prompted by the registration form. We may also allow you to register by using your social network credentials.

2. License and license restrictions

Subject to your full compliance with these Terms, you are granted a limited, non-exclusive, non-sublicensable, non-assignable, and non-transferable license to access, use and display locally the Website and the Content (as defined below), and solely for purpose of using the Website for your own personal use.

Except to the extent expressly permitted under Section 2 above, you shall not:
(a) copy, reproduce, distribute, transfer (by sale, resale, renting, lending, license, sublicense, download or otherwise), modify, create derivative works of, publicly perform, or publicly display any part of the Website or any Content;
(b) disrupt servers or networks connected to the Website;
(c) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Website; and/or
(d) circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Website.

Compliance with the foregoing restrictions is a condition to the license granted to you under this Section 2

3. Intellectual property rights

3.1. Ownership

Your use of the Website is licensed and not sold to you under these Terms and you acknowledge that the Website and its licensors retain all title, ownership rights and Intellectual Property Rights (defined below) in and to the Website (and its related software). We reserve all rights not expressly granted herein to the Website.

As used herein, the term “Intellectual Property Rights” means any and all rights in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.

We reserve the right to recourse to the legal remedies provided under the applicable law, including, where applicable, remedies under the DMCA (Digital Millennium Copyright Act).

3.2. Content

The content, information, data, text, photographs, videos, audio clips, written posts, articles, comments, software, scripts, graphics, and interactive features generated, provided or otherwise made available on or through the Website (collectively, the “Material(s)”), as well as the User Submissions (defined below) and the trademarks, service marks and logos contained therein (collectively, “Marks”, and together with the Materials and User Submissions, the “Content”), is the property of the Website and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. All other Marks used on the Website are the trademarks, service marks, or logos, as applicable, of their respective owners.

3.3. Use of Content

All Content is provided to you “As is” for your personal use only, and you acknowledge that all Content accessed, used, or relied upon by you is at your own risk and that you will be solely responsible and liable for any damage or loss to you or any other party resulting from such access, use, or reliance.

If you download or print a copy of the Content, you must retain any copyright and other proprietary notices contained therein. We do not guarantee that any Content you access on or through the Website is or will continue to be accurate.

3.4. Third Party Open Source Software

Portions of the Website may include third party (including open source) software that are subject to third party terms and conditions (“Third-Party Terms”). The Website will comply with any rightful request you submit to us for exercising your rights under such Third-Party Terms. To the extent of any conflict between any Third-Party Terms and these Terms, the Third-Party Terms shall prevail in connection with the corresponding third-party software.

4. User submissions

4.1. User Submissions

The Website may permit the sharing of content by you and other users, including but not limited to information, opinions, recommendations, and/or feedback that you may provide the Website in connection with the Website and/or your experience while using the Website (collectively, “User Submissions”). Your User Submissions may be made publicly available through the Website.

You understand and agree that, whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of sharing them. We have complete discretion whether to publish your User Submissions and we reserve the right, without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all User Submissions at any time and for any reason.

Each User Submission, whether publicly posted or privately transmitted, is the sole responsibility of the user who originated such User Submission. You warrant that all User Submissions originated by you will be accurate, complete, up-to-date, in compliance with all applicable laws and regulations, and will not infringe the Intellectual Property Rights of any third party.

4.2. License to User Submissions

Subject to these Terms, by submitting User Submissions you hereby grant the Website a worldwide, irrevocable, non-exclusive, royalty-free, fully-paid, perpetual, sub-licensable, assignable and transferable license to use, reproduce, distribute, create derivative works of, publicly display, publicly perform, and otherwise commercially exploit the User Submissions in connection with the Website, and you hereby waive any moral rights in your User Submissions, to the extent permitted by law.

You also hereby grant each of our users and Third-Party Sources a non-exclusive right to use, reproduce, distribute, prepare derivative works of, publicly display and publicly perform such User Submissions in accordance with these Terms. You represent and warrant that you have all rights, permissions and authorizations needed to grant the license rights set forth in this Section 4.

5. Terms of payment

5.1. General Provisions

The use of the Service may be carried out on a payment basis. You may need to buy a subscription to use the Service (“Subscription”).

By purchasing the Subscription, you agree to an initial and recurring Subscription fee at the then-current Subscription rate, and you accept responsibility for all recurring charges until you cancel your Subscription. Your Subscription continues until cancelled by you or until we terminate your access to or use of the Website or Subscription in accordance with these Terms.

You may cancel your Subscription at any time, subject to the terms of our cancellation policy.

Automatic renewal terms: Once you subscribe, we (or our third-party payment processor) will automatically charge your Subscription fee on each renewal date. We will continue to automatically process your Subscription fee at the then-current Subscription rate, until you cancel your subscription. We explain how to cancel your Subscription below at the Section “Subscription Cancellation”.

5.2. Refunds

Refunds, if any, are provided in accordance with our Refund / Money-Back Policy (if applicable). Please refer to the relevant policy page linked in our Website footer.

5.3. Subscription Cancellation

You can cancel your Subscription by contacting our customer support team via email at [email protected] (or through any self-service cancellation tools we provide).

You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the Website will continue until the end of your then current subscription period and will then terminate without further charges.

We may cancel your Subscription if you fail to pay for your Subscription, violate these Terms, or for any other reason in our sole discretion. If your subscription is cancelled, you are responsible for payment of any outstanding balances on your account, including any fees you may incur or may have incurred, as described herein.

6. Privacy

We respect your privacy and the use and protection of your personal information. Your submission of personal information through the Website is governed by our Privacy Policy. It contains important information and disclosures relating to the collection and use of your personal information by us.

7. Termination of account

We may suspend or terminate your use of the Website and/or account at any time, at our sole discretion without cause and without notice.

For the purposes of these Terms “termination” means deletion of the account from the Website servers and complete erasure of all data related to a User Profile, subject to applicable law and legitimate retention requirements.

At User’s request, where required by applicable law, we may provide personal data in a comprehensive and readable form.

The decision regarding termination of the account is made each time by our Customer Service at its sole discretion.

In particular, termination of account is possible as a result of its inactivity for three months, violation of these Terms, security reasons, etc.

You may terminate your account at any time, for any reason, by contacting our Customer Service online at [email protected].

8. Copyright policy

8.1. Procedure for Reporting Claimed Infringement

If you believe that any content made available on or through the Website infringes your intellectual property right, please promptly send a written “Notification of Claimed Infringement” containing the following information to the designated agent identified below. The Company may share your Notification of Claimed Infringement with the User that is possible infringer, and you consent to making such disclosure.

Your communication must include substantially the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of the material(s) that has/have been allegedly infringed;
Identification of the material allegedly being infringed, or, if multiple materials are covered by a single notification, then a representative list of such works;
Identification of the specific material that is claimed to be 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 the Company to locate the material on the Website;
Information reasonably sufficient to permit the Company to contact you, such as your name, address, telephone number, and email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other intellectual property owner, its agent, or the law; and
Under penalty of perjury, a statement that the information in the Notification of Claimed Infringement is accurate and truthful, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

8.2. Designated Agent Contact Information

Designated agent of the Company for receipt of Notifications of Claimed Infringement can be contacted at: [email protected].

8.3. False Notifications

The Company reserves the right to seek damages from any party that submits a false notification in violation of the law, as provided for by applicable law.

9. Disclaimers of warranties

9.1. Basic Disclaimers

Except where otherwise inapplicable or prohibited by law to the fullest extent permitted by law, you expressly understand and agree that your use of the Website is at your sole risk, and the Website is provided on an “as is” and “as available” basis.

We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that:

(i) the Website will meet your requirements,
(ii) the Website will be uninterrupted, timely, secure, or error-free,
(iii) the results that may be obtained from the use of the Website, including data, will be accurate or reliable,
(iv) the quality of any data or service available on the Website will meet your expectations, and
(v) any errors in the service will be corrected.

Any material obtained through the use of the Website is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from the use of any such material.

We cannot guarantee and do not promise any specific results from use of the Website and/or its services. You agree also to take the risks of interruption of the Website for any technical reasons.

9.2. Absence of Any Advice on the Website

Any statement that may be posted on the Website is for informational and educational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice.

Better Center makes no representations or warranties and, to the fullest extent permitted by law, expressly disclaims any and all liability relating to your reliance on the statements or other information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

We cannot guarantee and do not promise any specific results from use of the Website and/or its services. You agree also to take the risks of interruption of the Website for any technical reasons.

9.3. Change of Website Information

We may change all the information provided on the Website at our sole discretion without notice. We may at any time modify or discontinue, temporarily or permanently, the Website (or any part thereof) at our sole discretion with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Website.

10. Limitation of liability

Except where otherwise inapplicable or prohibited by law you expressly understand and agree that, to the fullest extent permitted by law, the Company shall not be liable to you for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from:

(a) the use, attempted use, or the inability to use the Website;
(b) the cost of procurement of substitute goods and services resulting from any data, information, or services obtained or messages received or transactions entered into through, from, or as a result of the Website;
(c) unauthorized access to or alteration of your transmissions or data;
(d) statements or conduct of any user or third party on the Website;
(e) your reliance on content or data made available by us; or
(f) any other matter relating to the Website.

Even if the Company is found liable under any theory, the Company’s liability and your exclusive remedy will be limited to the greater of the fees you have paid to the Company or $100.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

11. Indemnity by you

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless the Company and all of its subsidiaries, affiliates, officers, agents, and other partners and employees, from and against any loss, liability, claim, or demand, including reasonable attorney’s fees and costs, made by any third party resulting from or in any way connected with or related to your use of the Website in violation of this Agreement and/or your breach of this Agreement and/or any of your representations and warranties set forth above.

The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with, and fully indemnify, the Company in connection therewith.

12. Dispute resolution by mandatory binding arbitration and class action waiver

Please read the following arbitration agreement in this section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with the Company and limits the manner in which you can seek relief from us.

12.1. Applicability

This Arbitration Agreement governs any dispute between you and the Company (and each of our respective agents, corporate parents, subsidiaries, affiliates, predecessors in interest, successors, and assigns) including but not limited to claims arising out of or relating to any aspect of the relationship between you and the Company, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement; and claims that may arise after the termination of these Terms.

However:
(1) you may assert claims in small claims court if your claims qualify within the scope of your jurisdiction; and
(2) you or the Company may seek equitable relief in court for infringement or other misuse of intellectual property rights.

The arbitrator shall have sole authority to determine applicability of this Arbitration Agreement in each particular case.

12.2. Initial dispute resolution

Most disputes can be resolved without resort to arbitration. If you have any dispute with the Company, you agree that before taking any formal action, you will contact us at [email protected], and provide a brief, written description of the dispute and your contact information. The parties agree to use their best efforts to settle any dispute directly through consultation and good faith negotiations.

12.3. Binding arbitration (JAMS)

If the parties do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated, then either party may initiate binding arbitration as the sole means to resolve claims subject to the terms set forth below.

All claims arising out of or relating to these Terms, the parties’ relationship with each other, and/or your use of the Website will be finally settled by binding arbitration before one arbitrator administered by JAMS under its applicable rules.

If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum.

12.4. Arbitration proceedings

Initiating arbitration: You must follow instructions available at the administrator’s website (e.g., JAMS).

Fees: Each party is responsible for its own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. Any filing/administration fees will be allocated consistent with applicable rules and consumer protection requirements.

Arbitrator selection: The arbitrator must be neutral, and you will have a reasonable opportunity to participate in the selection process.

Hearings: The arbitrator may conduct hearings by teleconference or videoconference unless an in-person hearing is required by applicable law or determined appropriate by the arbitrator.

Award: The arbitration award shall be final and binding on the parties, and judgment may be entered in any court of competent jurisdiction.

12.5. Class action waiver and jury trial waiver

Neither you nor the Company agrees to any arbitration on a class basis. A party may assert a claim only in that party’s individual capacity and not as a plaintiff or class member in any purported class proceeding. The arbitrator may not consolidate more than one person’s claims.

By agreeing to arbitration, you waive your right to a jury trial and limit your right to appeal.

12.6. Intellectual property and small claims

Notwithstanding arbitration, either party may bring enforcement actions regarding intellectual property in court with jurisdiction. Either party may also seek relief in small claims court where permitted.

12.7. 30-Day right to opt out

You have the right to opt out of binding arbitration and the class action waiver by sending electronic notice to [email protected] with the subject line: “Arbitration and class action waiver opt-out.” The notice must be sent within 30 days of (a) the effective date of these Terms; or (b) your first date that you used the Website containing this Arbitration Agreement, whichever is later.

To be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration.

12.8. Severability

If any portion of this Arbitration Agreement is found unenforceable, the remainder shall remain in effect to the fullest extent permitted by law.

12.9. Survival

This Arbitration Agreement will survive any termination of your use of the Website.

13. Changes to the agreement and its parties. Notices

13.1. Changes to the Agreement

We reserve the right, at our sole discretion, to change the Agreement from time to time and at any time without prior notice by:
(a) posting the changed Agreement (or parts of it) to the Website; or
(b) otherwise giving you notice of the changes.

The changes shall be effective upon such posting or notice, whichever is earlier (unless we expressly indicate otherwise). It is your responsibility to check the Website and your email account periodically for changes.

13.2. Changes to Parties

We may assign or transfer all of our rights and obligations hereunder to any other person, and you hereby give us consent to any such assignment and transfer.

13.3. Notices

We may notify you by posting a notice via the Website, by sending you an email, or otherwise. Email notices shall be deemed received immediately after being sent to the email address you provided, even if filtered by your email provider.

14. Term of the agreement

This Agreement will take full force and effect when you access the Website and will remain in effect while you use the Website until your account is terminated for whatever reason.

After your account is terminated, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination including, but not limited to, Sections 4, 6–14.

We reserve the right to take further action for our loss or the potential loss of other Users or third parties when necessary due to your breach of this Agreement, in our sole discretion.

15. Electronic signature

By clicking on a button labeled “Submit”, “I accept”, “I agree” or similar, you are submitting a legally binding electronic signature and entering into a legally binding contract.

You agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed through the Website, pursuant to applicable law, including the U.S. E-SIGN Act (15 U.S.C. § 7001 et seq.) and other similar statutes.

You waive any rights or requirements under any laws that require an original signature or non-electronic records, to the extent permitted by law.

16. Miscellaneous

16.1. Governing Law and Venue

The laws of the State of California, United States, excluding its conflicts of law principles, govern these Terms and your use of the Service.

To the extent that any action relating to any dispute hereunder is for whatever reason not submitted to arbitration, each party submits to the exclusive jurisdiction of the state and federal courts located in California, and waives any defenses of improper venue or forum non conveniens.

16.2. Entire Agreement. Severability

This Agreement and all other provisions referenced herein contain the entire agreement between you and the Company regarding the use of the Website. If any provision is held invalid, the remainder shall continue in full force and effect.

16.3. No Waiver

Failure to require performance of any provision will not affect our right to require performance at any time thereafter.

16.4. Force Majeure

The Company shall not be responsible for any failure to perform due to unforeseen circumstances or causes beyond our reasonable control, including acts of God, war, riot, terrorism, strikes, infrastructure failures, hacking, spam, or failure of computers/servers/software, for so long as such event continues to delay performance.

17. Contact information

Please contact us with any questions regarding this Agreement.

E-mail: [email protected]
Attention of: Customer Support, Better Center.