Terms and Conditions - Best Choice Realty

Welcome to bestchoicerealtyhomes.com. Best Choice Realty and/or its affiliates (“Best Choice Realty”) provide website features and other products and services to you when you visit or shop at bestchoicerealtyhomes.com/marketplace, use Best Choice Realty products or services, use Best Choice Realty applications for mobile, or use software provided by Best Choice Realty in connection with any of the foregoing (collectively, “Best Choice Realty Services”). Best Choice Realty provides the Best Choice Realty Services subject to the following conditions.

By using Best Choice Realty Services, you agree to these conditions. Please read them carefully.

PRIVACY
Please review our Privacy Notice, which also governs your use of Best Choice Realty Services, to understand our practices.

ELECTRONIC COMMUNICATIONS
When you use Best Choice Realty Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Best Choice Realty Services and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT
All content on bestchoicerealtyhomes.com or made available through Best Choice Realty, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Best Choice Realty and protected by United States copyright laws. The compilation of all content included in or made available through Best Choice Realty is the exclusive property of Best Choice Realty and protected by U.S. copyright laws.

TRADEMARKS
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through Best Choice Realty are trademarks or trade dress of Best Choice Realty in the U.S. Best Choice Realty trademarks and trade dress may not be used in connection with any product or service that is not Best Choice Realty, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Best Choice Realty. All other trademarks not owned by Best Choice Realty that appear in any Best Choice Realty Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Best Choice Realty.

LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Best Choice Realty or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Best Choice Realty Services. This license does not include any resale or commercial use of any Best Choice Realty Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Best Choice Realty Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Best Choice Realty or its licensors, suppliers, publishers, rightsholders, or other content providers. No Best Choice Realty Service, nor any part of any Best Choice Realty Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Best Choice Realty. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Best Choice Realty without express written consent. You may not use any meta tags or any other “hidden text” utilizing Best Choice Realty name or trademarks without the express written consent of Best Choice Realty. You may not misuse the Best Choice Realty Services. You may use the Best Choice Realty Services only as permitted by law. The licenses granted by Best Choice Realty terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT
You may need your own Best Choice Realty account to use certain Best Choice Realty Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Best Choice Realty does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Best Choice Realty Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Household. Best Choice Realty reserves the right to refuse service, terminate accounts, terminate your rights to use Best Choice Realty Services, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Best Choice Realty reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Best Choice Realty a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Best Choice Realty and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Best Choice Realty for all claims resulting from content you supply. Best Choice Realty has the right but not the obligation to monitor and edit or remove any activity or content. Best Choice Realty takes no responsibility and assumes no liability for any content posted by you or any third party.

INTELLECTUAL PROPERTY COMPLAINTS
Best Choice Realty respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

RISK OF LOSS
All purchases of physical items from Best Choice Realty are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS AND TITLE
Best Choice Realty does not take title to returned items until the item arrives back at our offices. At our discretion, a refund may be issued without requiring a return.

PRODUCT DESCRIPTIONS
Best Choice Realty attempts to be as accurate as possible. However, Best Choice Realty does not warrant that product descriptions or other content of any Best Choice Realty Service is accurate, complete, reliable, current, or error-free. If a product offered by Best Choice Realty itself is not as described, your sole remedy is to return it in unused condition.

PRICING
With respect to items sold by Best Choice Realty, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Best Choice Realty is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

OTHER BUSINESSES
We provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Best Choice Realty. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Best Choice Realty does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE BEST CHOICE REALTY SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BEST CHOICE REALTY ARE PROVIDED BY BEST CHOICE REALTY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BEST CHOICE REALTY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF BEST CHOICE REALTY, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BEST CHOICE REALTY, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE BEST CHOICE REALTY SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, BEST CHOICE REALTY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BEST CHOICE REALTY DOES NOT WARRANT THAT THE BEST CHOICE REALTY, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH BEST CHOICE REALTY, BEST CHOICE REALTY’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM BEST CHOICE REALTY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, BEST CHOICE REALTY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY BEST CHOICE REALTY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY BEST CHOICE REALTY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES
Any dispute or claim relating in any way to your use of any Best Choice Realty Service, or to any products or services sold or distributed by Best Choice Realty or through bestchoicerealtyhomes.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our main office at, 16400 Southcenter Parkway, Suite 502, Tukwila, WA 98188. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW
By using any Best Choice Realty Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Best Choice Realty.

SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS
Best Choice Realty, LLC
16400 Southcenter Parkway, Suite 502
Tukwila, WA 98188

Best Choice Realty Home

ADDITIONAL BEST CHOICE REALTY SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Best Choice Realty Services (the “Best Choice Realty Software”).
Use of the Best Choice Realty Software. You may use Best Choice Realty Software solely for purposes of enabling you to use the Best Choice Realty Services as provided by Best Choice Realty, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Best Choice Realty Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Best Choice Realty Software in whole or in part. All software used in any Best Choice Realty Service is the property of Best Choice Realty or its software suppliers and is protected by United States and international copyright laws.
Use of Third Party Services. When you use the Best Choice Realty Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Best Choice Realty Software, whether in whole or in part.
Updates. We may offer automatic or manual updates to the Best Choice Realty Software at any time and without notice to you.

HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS
Best Choice Realty accepts service of subpoenas or other legal process only through Best Choice Realty main office. Subpoenas or other legal process may be served by sending them to CSC at the following address:

Best Choice Realty, LLC
16400 Southcenter Parkway, Suite 502
Tukwila, WA 98188
Attn: Legal Department
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; and IP address and complete time stamps.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your intellectual property rights have been infringed, please contact us. We respond quickly to the concerns of rights owners about any alleged infringement, and make the appropriate changes. You may also submit written claims of copyright infringement to our Copyright Agent at:

e-mail: [email protected]

Written claims concerning copyright infringement must include the following information:

A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.